Terms of Use

Important!

It is your responsibility to ensure that Brasco Enterprises services are permitted and abide by your local laws. Any information contained in the Portal and/or any Brasco Enterprises’ website(s)  is not and shall not be construed as legal advice and you should not rely upon it as such. We recommend that you seek legal advice prior to hiring any of our services.

​​​​Welcome to Brasco Enterprises websites’ Terms of Use.  Thank you for choosing to use our services.

Definitions

Terms and conditions of use: rules set fort for Portal use;
​User: an individual or legal entity, registered or not, that uses the Portal and the links available in it;
Portal: assigns the address www.brasco.enterprises, and/or www.brasco.global.
User Reference File: personal data provided by the user, who is liable for its truthfulness.

Information

Brasco Enterprises will make every effort to maintain the information and material contained in this Portal as accurate, updated and complete as possible. However, it accepts no responsibility for the use, application or processing that users may make of such information. Users are entirely responsible for the purpose of the use of data gathered on the Portal.

Brasco Enterprises endeavors to ensure that the information provided is accurate, complete, and current and that it can be used without interruption or error. The content, including all the information available on the Portal or accessed through it, is provided “as is.” The use of this material, as well as any interpretation of it or insertion in other contexts, is the sole responsibility of the user.

The information contained in this Portal can be updated or changed periodically. Therefore, it must not be interpreted as definitive.

Our visitors’ privacy

Brasco Enterprises takes no responsibility for controlling access to or the use of the Portal, or for access to the links contained in it. In particular, Brasco Enterprises does not guarantee that users make use of the Portal according to the Law, under these use Terms and Conditions, with morality and good customs, the general principles of law and public order, or that users will make such use in a careful, prudent manner in accordance with dutiful care.

​Brasco Enterprises is not responsible for damages and losses of any nature that might originate from the use of the Portal and its services as described above.

On the User

The user will be liable for damage and loss of any nature that Brasco Enterprises comes to suffer as a result of his or her failure to comply with any of the obligations to which he or she is submitted by means of these Terms and General Conditions of Use.

Using the Portal and its links

Under no circumstance whatsoever will Brasco Enterprises be liable for the use of its Portal or for the access to links indicated therein, as well as for acts practiced by users based on information obtained from the Portal and links. Brasco Enterprises accepts no responsibility for the content or for the privacy policies and practices of the sites that link to our and those we link to.

Exclusion of guarantees and responsibility – availability, continuity, utility and fallibility

​Brasco Enterprises does not guarantee the availability and ongoing operation of the Portal and of its services. Not all the Services and general Content are available for all geographical areas. Whenever reasonably possible, Brasco Enterprises will give prior notice of any interruptions in the Portal and Service operations. Furthermore, Brasco Enterprises guarantees neither the usefulness of the Portal and of the Services to carry out any activity in particular, nor its infallibility, and in particular, though not exclusively, provides no guarantee that users can effectively use the Portal and Services, access the different web pages that comprise the Portal or those from which the services are provided.

General content is available for all geographical areas. Whenever it is reasonably possible, Brasco Enterprises will give prior notice of any interruptions in the Portal and Service operations. Furthermore, Brasco Enterprises guarantees neither the usefulness of the Portal and of the Services to carry out any activity in particular, nor its infallibility, and in particular, though not exclusively, provides no guarantee that users can effectively use the Portal and Services, access the different web pages that comprise the Portal or those from which the services are provided.

BRASCO ENTERPRISES IS EXEMPT FROM ANY LIABILITY FOR LOSS AND DAMAGE OF ANY NATURE THAT MIGHT BE DUE TO LACK OF AVAILABILITY OR CONTINUITY OF PORTAL AND SERVICE OPERATION; FRAUD FOR THE USE THE USERS MAY HAVE ATTRIBUTED TO THE PORTAL AND SERVICES, FALLIBILITY OF THE PORTAL AND SERVICES, AND, PARTICULARLY, THOUGH NOT EXCLUSIVELY, IS EXEMPT FROM THE FLAWS IN ACCESSING THE SEVERAL PAGES OF THE PORTAL OR THOSE THAT PROVIDE SERVICES.

Exclusion of guarantees and responsibility – contamination by viruses or the likes

​Brasco Enterprises does not control or guarantee the absence of viruses or any other elements in the content that might cause changes to your information technology system (software and hardware) or to the electronic documents and files stored in its information technology system.

​BRASCO ENTERPRISES IS EXEMPT OF ANY LIABILITY FOR LOSS AND DAMAGE OF ANY NATURE THAT CAN BE ATTRIBUTED TO THE PRESENCE OF VIRUSES OR ANY OTHER SIMILAR ELEMENT IN THE CONTENT THAT MIGHT CAUSE CHANGES TO THE INFORMATION TECHNOLOGY SYSTEM, ELECTRONIC DOCUMENTS OR USER REFERENCE FILE.

Copyright and intellectual property

This Portal contains texts, photographs, photos and sound that are protected by copyright or other intellectual property rights. These rights belong to Brasco Enterprises or were granted under license by their holders, so Brasco Enterprises can make use of such material as part of this Portal.

Upon accessing Brasco Enterprises’ page, the user declares that he/she will respect all the intellectual and industrial property rights, those resulting from protection of trademarks, as well as all the rights of third parties that may in some form be or have been available on the Portal. Mere access to the Portal does not grant the user any right to use names, titles, words, phrases, brands, patents, and literary, artistic and literary-musical pieces, among others, that are or were available therein.

All the trademarks included in this Portal are the property of Brasco Enterprises or were granted to it under license or authorization of their holders for use in this Portal.

Reproduction of the previously described content is prohibited, except with prior authorization of Brasco Enterprises in writing or if it is meant solely for personal use and without the user in any way securing any right to them.

Only a temporary file may be made of this Portal, but its use for commercial or advertising purposes or for any purpose that goes against the reality it was conceived for, as defined herein, is forbidden. It is likewise prohibited to reproduce, distribute and divulge, in part or as a whole, the texts, photos and graphics that comprise this Portal without prior express authorization of Brasco Enterprises. Only printing copies for personal use and storing files, without separating the parts that allow for faithful and true understanding of the contents and objective, is allowable.

The user is fully liable, civilly and/or criminally, for the improper use of the information, texts, graphics, trademarks, pieces, in sum, of any and all intellectual and industrial property rights of this Portal.

Changes to these Terms and Conditions

Brasco Enterprises reserves the right to change these Terms and Conditions of Use unilaterally at any moment. By browsing in this Portal. you accept to comply with the Terms and Conditions in effect on this date, and, thus, you should check them in advance every time you visit this Portal.

Questions

If you have any question about this document, please contact us at administration@brasco.enterprises.

Applicable law and jurisdiction

​These Terms and Conditions of Use, the rights and remedies provided hereunder, and any and all claims and disputes related hereto, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to these Terms and Conditions of Use, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of California, United States of America, without respect to its conflict of laws principles.

Subject to any applicable law, all disputes between you and Brasco Enterprises shall only be resolved on an individual basis and you shall not have the right to bring any claim against Brasco Enterprises as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

​In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in Fresno, California, United States of America, in accordance with the provisions of its Commercial Arbitration Rules.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by expedite arbitration administered by the American Arbitration Association of Fresno, California, United States of America, in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

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