Effective date: July 19, 2018
ONCASE reserves the right, at its sole discretion, to modify or terminate the Service or to modify this Agreement, at any time and without prior notice. If we modify the Serviceor this Agreement, we will post the modification on the ONCASE website (the"Site") or provide you with notice of the modification. By continuingto access or use the Service after we have posted a modification on the Site orhave provided you with notice of a modification, you are indicating that youagree to use the modified Service and/or to be bound by the modified Agreement.If the modified Service or Agreement is not acceptable to you, your onlyrecourse is to cease using the Service. This Agreement was last revised July19, 2018.
By using the Site andthe Service, you consent to receiving electronic communications from ONCASE.These electronic communications may include notices about applicable fees andcharges, transactional information and other information concerning or relatedto our Site and Service. These electronic communications are part of yourrelationship with ONCASE and you receive them as part of your subscription tothe Site and/or Service. You agree that any notices, agreements, disclosures orother communications that we send you electronically will satisfy any legalcommunication requirements, including that such communications be in writing.
In order to use theService you must register to create an account ("Account"). Duringthe registration process, you will be required to provide certain informationto us and you will establish a username and a password. You agree to provideaccurate, current and complete information during the registration process andto update such information to keep it accurate, current and complete. ONCASEreserves the right to suspend or terminate your Account if any informationprovided during the registration process or thereafter proves to be inaccurate,not current or incomplete. You are responsible for safeguarding your password.You agree not to disclose your password to any third party and to take soleresponsibility for any activities or actions under your Account, whether or notyou have authorized such activities or actions. You will immediately notify ONCASEof any unauthorized use of your Account. By signing up for ONCASE you agreethat ONCASE may send you occasional emails relevant to your use of the ONCASEservice.
The ONCASE Applicationand the Service are protected by copyright, trademark, and other laws of Braziland foreign countries. ONCASE and its licensors exclusively own all right,title and interest in and to the ONCASE Application and the Service, includingall associated intellectual property rights. You will not remove, alter orobscure any copyright, trademark, service mark or other proprietary rightsnotices incorporated in or accompanying the ONCASE Application or the Service.
If you breach any ofthis Agreement, ONCASE will have the right to suspend or disable your Accountor terminate this Agreement, at its sole discretion and without prior notice toyou. ONCASE reserves the right to revoke your access to and use of the Serviceat any time, with or without cause. You may cancel your Account at any time bylogging into the ONCASE Application. Upon any termination of this Agreement orcancellation of your Account, you must promptly destroy all originals andcopies of the ONCASE Application in your possession or control and so certifyin writing to ONCASE and cease any further use of the ONCASE Application andthe Service.
The Service may permityou to link to other websites or resources on the Internet, and other websitesor resources may contain links to the Site. These other websites are not under ONCASE'scontrol, and you acknowledge that ONCASE is not responsible or liable for thecontent, functions, accuracy, legality, appropriateness or any other aspect ofsuch websites or resources. The inclusion of any such link does not implyendorsement by ONCASE or any association with its operators. You furtheracknowledge and agree that ONCASE shall not be responsible or liable, directlyor indirectly, for any damage or loss caused or alleged to be caused by or inconnection with the use of or reliance on any such Content, goods or servicesavailable on or through any such website or resource.
THE ONCASE APPLICATIONAND THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ONCASE DISCLAIMS ANYIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR ANDNON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGEOF TRADE. ONCASE MAKES NO WARRANTY THAT THE ONCASE APPLICATION OR THE SERVICEWILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ORERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINEDFROM ONCASE OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADEHEREIN.
You agree to defend,indemnify, and hold ONCASE, its officers, directors, employees and agents,harmless from and against any claims, liabilities, damages, losses, andexpenses, including, without limitation, reasonable legal and accounting fees,arising out of or relating to: (i) your use of or access to the ONCASEApplication or the Service: (ii) your breach of this Agreement; or (iii) yourviolation of applicable laws, rules or regulations in connection with your useof the Service.
YOU ACKNOWLEDGE ANDAGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUTOF YOUR ACCESS TO AND USE OF THE ONCASE APPLICATION AND THE SERVICE REMAINSWITH YOU. NEITHER ONCASE NOR ANY OTHER PARTY WILL BE LIABLE FOR ANY INCIDENTAL,SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS,LOSS OF DATA OR LOSS OF GOODWILL), OR FOR THE COST OF PROCURING SUBSTITUTESERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OFOR INABILITY TO USE THE ONCASE APPLICATION OR THE SERVICE, WHETHER BASED ONWARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHERLEGAL THEORY, AND WHETHER OR NOT ONCASE HAS BEEN INFORMED OF THE POSSIBILITY OFSUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILEDOF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL ONCASE'SAGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROMTHE USE OF OR INABILITY TO USE THE ONCASE APPLICATION.
All trademarks,service marks, logos, trade names and any other proprietary designations of ONCASEor OKTOPUS used herein are trademarks or registered trademarks of ONCASE. Anyother trademarks, service marks, logos, trade names and any other proprietarydesignations are the trademarks or registered trademarks of their respectiveparties.
Any action related tothis Agreement will be governed by the State of Pernambuco law and controlling Brazilianfederal law, without regard to the choice or conflicts of law provisions of anyjurisdiction. You agree to submit to the jurisdiction of the courts located in Recife,Pernambuco, for the resolution of all disputes arising from or related to thisAgreement and/or your use of the ONCASE Site, Application, or Service.
This Agreementconstitutes the entire and exclusive understanding and agreement between ONCASEand you regarding the ONCASE Application and the Service, and this Agreementsupersedes and replaces any and all prior oral or written understandings oragreements between ONCASE and you regarding the Service
You may not assign ortransfer this Agreement, by operation of law or otherwise, without ONCASE'sprior written consent. Any attempt by you to assign or transfer this Agreement,without such consent, will be null and of no effect. ONCASE may assign ortransfer this Agreement, at its sole discretion, without restriction. Subjectto the foregoing, this Agreement will bind and inure to the benefit of theparties, their successors and permitted assigns.
Any notices or other communications permitted or required here under, including those regarding modifications to this Agreement, will be in writing and given: (i) by ONCASE via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of ONCASE to enforce any right or provision of this Agreement will not constitute awaiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ONCASE. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreementor other wise. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
Oncase Soluções S.A.
Rua do Bom Jesus, 163 – 2º Andar
Recife, CEP firstname.lastname@example.org