TERMOS DE SERVIÇO E PRIVACIDADE

Privacy Policy

Brazileirinhos Educational, LLC (“Nossos Brazileirinhos”, “we”, “us”, or “our”) is committed to protecting your privacy. We have prepared this Privacy Policy (the “Policy”) to describe to you our practices regarding the personal information we collect from users of our website, located at Nossos Brazileirinhos.com (the “Site”), mobile applications, and the subscription service offered through the Site (collectively, the “Services”).

This Policy is intended to explain the conditions under which we collect, use, and disclose personal and other information in connection with the Services, and your rights in relation to that information. By visiting our Site or accessing or using the Services, you are agreeing to the terms of this Policy.

The personal and other information that we collect about you is controlled by Nossos Brazileirinhos which is headquartered in the United States.

Questions, Contacting Nossos Brazileirinhos, Reporting Violations

If you have any questions, concerns or complaints about our Policy, our data collection or processing practices, or if you want to report any security violations to us, please contact us at hello@nossosbrazileirinhos.com.

Information Collected

Information You Provide to Us

When you register for an account (your “Account”) through our Services, we will collect personal information that you provide us, such as your name, email address, phone number, and password. When you sign up for certain portions of the Services, we or our third party payment provider will collect payment, shipping and billing information in order to process your transaction. In addition, we collect the name and birth date of any customer, including any children, if you subscribe to the Service.

When you receive a shipment, we record which books you keep and which you return. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.

We may combine personal information collected through the Services with other information that we or third parties collect about you in other contexts—such as our communications with you via email or phone, or your customer service records. We will treat such combined information as personal information and protect it in accordance with this Policy.

From time to time, we may ask users of the Services to participate in surveys, contests, or promotions. Such surveys, contests, and promotions may be used to collect both personal and non-personal information. Participation is completely voluntary, and you therefore have a choice whether or not to disclose your information.

Information Collected via Technology

When you visit our Site, some information is automatically collected. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type (including the “User Agent” string), referring/exit and destination pages, date/time stamp, and clickstream data. We use this information to maintain and improve the performance of the Services.

Like many online services, we also use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site or with our Service. This type of information is collected to make the Services more useful to you and to tailor the experience with us to meet your special interests and needs.

We work with a number of marketing companies that assist in marketing our services to you on third party websites. These companies may collect information about online activities conducted on a particular computer, browser or device over time and across third-party websites or online services for the purpose of delivering advertising that is likely to be of greater interest to you. While not a comprehensive list, some of these marketing companies we work with are Facebook and Google. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: <u>http://www.aboutads.info/choices</u>.

We also work with a number of third party analytics companies that collect information anonymously and report website trends without identifying individual visitors. These services allow us to view a variety of reports about how visitors interact with the Services so we can improve our Services and understand how people find and navigate our Site. Currently, we work with the following analytics companies: Google, Facebook, Mailchimp and Mixpanel. This is not intended to be a comprehensive list and we may stop working with these companies and work with others without notice. You can learn more about how these companies collect, use and share information about you by visiting their websites.

Information Collected via Referrals

Nossos Brazileirinhos may offer a referral credit or bonus to you for referring others and/or our subscribers for referring you to us. When you refer others, we may identify you as the referrer in communications with the potential new subscriber. In instances where you sign up for the service through a referral link posted anywhere, including but not necessarily limited to Twitter, Facebook, Pinterest, email, or message board, the referring subscriber will be able to see that you signed up and view your email address. No other information is shared.

How We Use Your Information

In general, personal information you submit to us or that we collect is used either to respond to requests that you make, or to aid us in serving you better. We use your personal information in the following ways:

-to respond to comments, requests and questions and provide customer service;

-to facilitate the creation of your account;

-to identify you as a user in our system;

-to improve the quality of experience when you interact with our Services, including the testing of different page and app designs to see which performs better;

-to send you administrative e-mail notifications, such as security or support and maintenance advisories;

-to resolve disputes and/or troubleshoot problems;

-to develop and improve marketing and advertising for the Services;

-to process and deliver your order;

-to respond to your inquiries related to employment opportunities or other requests; and

-to comply with legal and/or regulatory requirements.

We also may use the personal information that we collect to send you promotional communications, including emails or postal mail about the products and services offered by Nossos Brazileirinhos. Although we hope you will find our promotional emails of interest, you may opt out of receiving them by sending an email to hello@nossosbrazileirinhos.com with "optout" in the subject line, or by clicking on the "unsubscribe" link in any promotional email. Promotional emails will also have instructions for opting out of that type of communication in the future.

We may store and process your personal information in the United States and other countries.

We may post user feedback on the Services from time to time. If you make any comments on a blog, wall, forum, or Social Networking Profile associated with the Services, you should be aware that any personal information you submit there can be read, collected, or used by other users of these platforms, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit on these platforms.

We may create anonymous data records from personal information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze request and usage patterns so that we may enhance the content of our Services and improve the navigation thereof. We reserve the right to use anonymous data for any purpose and disclose anonymous data to third parties in our sole discretion.

Disclosure of Your Personal Information

We disclose your personal information as described below and as described elsewhere in this Policy.

When you use the Services, the personal information you provide will be shared with the third parties that you authorize to receive such information.

We may share your personal information with third party service providers to: provide you with the Services; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services.

We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset.

Regardless of any choices you make regarding your personal information (as described below), Nossos Brazileirinhos may disclose personal information if it believes in good faith that such disclosure is necessary: (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on Nossos Brazileirinhos; (iii) to protect or defend the rights or property of Nossos Brazileirinhos or users of the Service; and/or (iv) to investigate, or assist in preventing, any violation or potential violation of the law, this Policy, or the applicable Terms of Use.

Third Party Websites

Our Services may contain links to third party websites and content. When you click on a link to any other website or location, you will leave our Site and go to another site, and another entity may collect personal information or anonymous data from you. We have no control over, do not review, and are not responsible for, these outside websites or their content. Please be aware that the terms of this Policy do not apply to these outside websites or content, or to any collection of your personal information after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

Your Choices Regarding Personal Information

We offer you choices regarding the collection, use, and sharing of your personal information. We will periodically send you free newsletters and e-mails that directly promote the use of our Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly at hello@nossosbrazileirinhos.com. Despite your indicated e-mail preferences, we may send you service related communication, including notices of any updates to our applicable Terms of Use or Privacy Policy.

If you decide at any time that you no longer wish to accept cookies from our Site for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.

You may change any of your personal information in your Account by editing your profile within your Account. You may request deletion of your personal information by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud prevention or similar purposes.

While we and others give you the choices to control the information collected and used as described in this Policy, there are many web browser signals and other similar mechanisms that can indicate your choice to disable tracking, and we may not be aware of or honor every mechanism.

This Policy addresses only our use and disclosure of information we collect from and/or about you in connection with the Services. If you disclose information to others, or authorize us to do the same under this Policy, the use and disclosure restrictions contained in this Policy will not apply to any third party. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable.

Reviewing and Updating Your Information

To the extent provided by the law of your jurisdiction, you may (i) have the right to access certain personal information we maintain about you and request details about how we process it, (ii) request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, (iii) request that we update or correct inaccuracies in that information, (iv) object to our use of your personal information, (v) ask us to block or delete your personal information from our database, and (vi) request to download the information you have shared on the Services. You may make these requests and any other inquiries about this Privacy Policy by emailing hello@nossosbrazileirinhos.com or calling us at 407 533-0347. Any such requests are subject to the protection of other individuals’ rights and applicable law. Additionally, to help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. To the extent permitted by applicable law, a charge may apply before we provide you with a copy of any of your personal information that we maintain.

If you want to deactivate your account, please contact us by email at hello@nossosbrazileirinhos.com. Note that deactivating your account does not cause your account information to be deleted from our servers. You can request such deletion by emailing our Customer Support team at hello@nossosbrazileirinhos.com.

Users Outside of the United States

If you are a non U.S. user of the Services, by using the Services and/or providing us with information, you acknowledge and agree that your personal information may be processed for the purposes identified in this Policy. In addition, your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your information, you consent to such transfer.

A Note About Children

Children under the age of 13 are not eligible to use our Services directly. We do not collect or store personal information submitted by children we know to be under the age of 13. If a child under 13 submits personal information to us and we learn that the submitter is under 13, we will take steps to remove the personal information from our databases. If you believe that we might have received personal information submitted by a child under 13, please contact us at hello@nossosbrazileirinhos.com.

Persons over 13 but under 18 years of age may use the Services only in conjunction with and under the supervision of a parent or legal guardian.

Changes to this Policy

This Policy is subject to occasional revision, and if we make any material changes in the way we use your personal information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on the Services and updating the “Last Updated” date below. Any changes to this Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on the Services. These changes will be effective immediately for new users of our Services. Please note that at all times you are responsible for updating your personal information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Notice to California Residents

If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Nossos Brazileirinhos to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to hello@nossosbrazileirinhos.com.

Contact Information

We welcome your comments or questions about this Policy. You may contact us via email at hello@nossosbrazileirinhos.com or via Whastapp at 407 533-0347.

Terms of Service

Welcome to Nossos Brazileirinhos! The Nossos Brazileirinhos website and services are provided by Brazileirinhos Educational, LLC. ("Nossos Brazileirinhos", "we" "us" or "our"). These terms and conditions (these "Terms and Conditions") govern your ("you" or "your") access to and use of the Nossos Brazileirinhos.com website or store (collectively, the "Website") and, unless expressly stated otherwise, all services provided by Nossos Brazileirinhos via the Website including without limitation our subscription products, single purchase products, and gift cards (collectively, the "Services").

Nossos Brazileirinhos provides an educational subscription service. Our goal is to bring the Portuguese language and Brazilian culture to children living in the United States. We send you 2 different books per month and 2 educational activities. The subscription will include some of the best new Brazilian kids books, mixed with known classics. You will be allowed to read and explore the books for a period of 30 days with your children, and after this period you have to mail us back the books (in mint condition). Access to the Website and use of the Services, is subject to these Terms and Conditions and the Nossos Brazileirinhos Privacy Policy.

Acceptance of Terms

By clicking "Continue" on the account creation page or otherwise using our Website or Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit.

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF OUR LIABILITY, YOUR INDEMNIFICATION OBLIGATIONS, AND THE LAW GOVERNING, AND DISPUTE RESOLUTION PROCEDURES RELATED TO, THE SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT USE THE SERVICES.

THE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

Nossos Brazileirinhos Single Purchase - Shipments & Returns

We may offer you the ability to make a stand-alone purchase of Books curated by Nossos Brazileirinhos (e.g., not associated with a subscription). If you order a stand-alone box of Books, you authorize us to charge you for the Books and all costs associated with your chosen shipment method. These Terms of Service will govern any shipment.

All stand-alone purchases are final, and we will not accept any returns (unless we determine that the Books were damaged before you received them).

We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover (please check Stripe, our third party payment provider, for an updated list). We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Nossos Brazileirinhos the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Nossos Brazileirinhos will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is available at https://stripe.com/us/legal/. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

Subscription Registration & Account Creation

In order to start using the Nossos Brazileirinhos subscription Services, you must register a Nossos Brazileirinhos account (“Account”) on our Website. To create an Account, simply enter a valid email address.. For us to successfully provide you the Service, you must create and maintain an Account and additionally provide us with:

-a United States shipping address (unless creating an Account for gift card purchases); and

-a valid credit card number (your "Credit Card") and billing information, which the individual creating the Account has the right to use (collectively, and together with any other information you may provide us in creating your Account, "Account Information").

As a registered user, you acknowledge and agree that we may use such information to communicate with you about the Service. We may also send you special offers and commercial email messages which you may or may opt out of by emailing us at hello@nossosbrazileirinhos.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

Nossos Brazileirinhos Subscription - Shipments & Returns

Nossos Brazileirinhos Shipments. When you sign up for a shipment, we will send you some Books chosen by Nossos Brazileirinhos. You will be able to read them in your own home during 30 days, and we will charge you for the items you keep as described in the Service Fee and Payment section (below).

If you order a shipment, you authorize us to charge you for the shipment in accordance with these Terms of Service. As explained in the Service Fee and Payment section, you are responsible for: (i) the Service Fee for any shipment that is not canceled with the required notice and (ii) the price of any Books that are not returned in accordance with our policies. These Terms of Service will govern any shipment. We may refuse to ship to any address for any reason including because it is outside the geographic area that we serve (currently only the United States and U.S. territories) or it is to an address that we determine has a history of fraudulent purchases.

Returns. Any returned Books must be postmarked no later than three (3) days after the 30 days reading period ends (the "Return Date"). You agree by not postmarking the return shipment back to us by the Return Date will be considered purchased and charged by fifteen dollars ($15.00) each book, no refunds will be issued. Any exceptions permitting a return postmarked longer than the Return Date must be requested in a timely manner and may be granted at the sole discretion of Nossos Brazileirinhos. Books must be returned in mint condition, otherwise we may charge you a damage fee in the value of $5.00 (five dollars), and we will charge your Account for those damages on the Books any time after that day.

Nossos Brazileirinhos Subscription - Service Fee & Payment

When we ship you a shipment, we will charge you a non-refundable "Service Fee" in the amount set forth on the Website. The Service Fee will be charged to your credit card or other payment method between the time when the order is placed and we ship your shipment. No changes can be made to your initial shipment after the order is placed. Once your order has been processed (initial or otherwise), it cannot be cancelled.

Within thirty (30) days of receiving your shipment, you must return any Books . You will be responsible for paying us for all Books not returned by the Return Date. The Service Fee will NOT be credited towards the purchase price of those Books. To pay for an order, you will need to provide Nossos Brazileirinhos with the information necessary to process an order from you, including your shipping address and the billing information. You may pay for the Service Fee and the purchase of any Books from your order via credit card or other payment method then available on the Website. If you have a credit in your Account at the time of processing the Service Fee or purchasing products, the credit will be applied before charging your credit card or other payment method then available. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with this policy. If you do not cancel before your subscription’s renewal date (which may be found in your Account’s subscription management page), if applicable, we will assume you are requesting the next shipment, and therefore, you agree to the Service Fee being charged to the card on file on a recurring basis until you cancel the subscription by (i) clicking the "Account" link on your homepage when you log in, and then clicking the "Cancel Subscription" link and following the prompts and options that follow or (ii) by emailing us at to hello@nossosbrazileirinhos.com stating "I want to stop receiving Books" from the email address then currently associated with your account. Upon cancelling your account, you will still be responsible for paying us for any Books not returned in your previous shipments. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.

For your convenience and benefits as a member, in the event your payment method reaches its expiration date, and you do not edit your credit card information, you authorize us to continue billing that credit card on file. This includes extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership, if applicable, should you wish to discontinue paying the recurring Service Fee and receiving Books for consideration of purchase.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Nossos Brazileirinhos the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Nossos Brazileirinhos will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is available at https://stripe.com/us/legal/. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

You are responsible for the payment of any Service Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don't collect the applicable sales tax, you are responsible to pay the applicable use taxes.

Promotions are limited to one per household and can only be used one time. If Nossos Brazileirinhos determines that multiple promotions are being used for the same child, in the same household, or in any otherwise suspicious manner, Nossos Brazileirinhos reserves the right to shut down and disable the corresponding accounts. Promotions have no cash value and no refund is offered for items purchased through such promotions.no refund is offered for items purchased through such promotions.

Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to our products or the Services (collectively "Feedback"), you hereby grant us a non-exclusive, world-wide perpetual license to use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback that is used in these ways.

Scope of Service

Nossos Brazileirinhos maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

Website Content

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term "Content" means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.

We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:

The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

The Content may not be modified.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

Damaged Books

In the event that books are returned to us in a damaged condition, and are not reusable to another customer, you will be charged five dollars ($5.00) for such Books. We reserve the right to cancel any account for any reason, including the regular return of damaged materials. We are not responsible for books damaged in transit.

Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates.

Repeated claims of undelivered merchandise may result in the cancellation of your membership or refusal to process future transactions. We are neither responsible nor liable for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party providers, riots, fires, earthquakes, floods, power outages, strikes, weather conditions or acts of hackers, internet service providers or any other third party, or your acts or omissions.

International Access

This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

Membership Cancellations

We work hard to provide the best experience possible and the best books for every age; however, you may cancel your automatic renewal, if applicable, through the account page on the Website. You must update your account on the Website before your subscription’s renewal date (which may be found in your Account’s subscription management page) in order to avoid paying the recurring Service Fee and receiving Books for consideration of purchase.

IF YOU PURCHASE A SUBSCRIPTION, YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR SUBSCRIPTION BEFORE YOUR SUBSCRIPTION’S RENEWAL DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.

We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account.

Limitation of Liability

IN NO EVENT SHALL NOSSOS BRAZILEIRINHOS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE NOSSOS BRAZILEIRINHOS'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO NOSSOS BRAZILEIRINHOS IN THE THEN-PRIOR CYCLE.

Indemnification

By using this Website, our Services, or supplied products, you agree to indemnify, hold harmless and defend Nossos Brazileirinhos from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or products by you or any other person accessing the Website using your member login account.

Accuracy of User Information

Accuracy: You may use this Website (but not subscribe to our Services) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on this Website or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

Minors

Nossos Brazileirinhos services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for upholding all Terms.

Although we will not collect information from any individual under the age of 13, Account Information may contain personally identifiable information—including the first name, last name, address and birthday—of minors ("Child Personal Information"). Maintaining the confidentiality of your Account Information generally, and Child Personal Information specifically, is a responsibility we take seriously—we will not use or disclose Child Personal Information or your Account Information except as necessary to provide the Service or as otherwise authorized by you. Such necessary uses and disclosures may include, without limitation, providing Child Personal Information to our service providers and contractors.

Security

When you register to participate in Nossos Brazileirinhos services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

Disclaimer of Warranty

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE BOOKS ARE SUITABLE FOR YOUR CHILDREN. WE DO NOT TAKE RESPONSIBILITY FOR THE CONTENT IN BOOKS OR WHETHER THE BOOKS WE CHOOSE CONFORM TO VALUES SUITABLE TO EVERY PARENT WHO SUBSCRIBES TO OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE PRODUCTS OR YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER SHIPMENT, AT NOSSOS BRAZILEIRINHOS'S DISCRETION.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, Nossos Brazileirinhos DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Nossos Brazileirinhos of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

Termination

We may terminate any user's subscription or access to our Website or Services for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.

Enforcement

To the maximum extent permitted by law, this Agreement, and all disputes or claims in connection with this Agreement (whether arising in contract, tort or otherwise) are governed by the laws of the State of Texas and the United States of America, and the parties hereby consent to Travis County, Texas being the exclusive jurisdiction and venue of courts for all disputes or claims in connection with this Agreement.

Any dispute arising out of or relating to the Service or these Terms, or its subject matter, shall be resolved exclusively by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration will be conducted in Austin, Texas by a single arbitrator knowledgeable in commercial distribution and product resale. The arbitrator will provide detailed written explanations to the parties to support his/her award and regardless of outcome, each party shall pay its own costs and expenses (including attorneys' fees) associated with the arbitration proceeding and fifty percent (50%) of the fees of the arbitrator and the AAA.

We Reserve Our Rights in Our Intellectual Property

You agree and acknowledge that, as between you and Nossos Brazileirinhos, unless otherwise stated in these Terms and Conditions, Nossos Brazileirinhos owns and retains all right, title and interest in and to (i) the Website and all improvements, enhancements and modifications thereto, (ii) notwithstanding the Feedback section (above), comments, suggestions, or other feedback regarding any aspect of the Services or the Website submitted by you, (iv) all Themed Packages, and (v) all intellectual property and proprietary rights in and related to any of the foregoing (collectively, "Nossos Brazileirinhos Intellectual Property"). To the extent you have or later acquire any right, title or interest in any Nossos Brazileirinhos Intellectual Property, you hereby irrevocably transfer and assign all such right, title and interest in such Nossos Brazileirinhos Intellectual Property to us.

Severability

To the extent you are located in the United States, if any provisions of this Agreement are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and Nossos Brazileirinhos. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and Nossos Brazileirinhos.

Privacy

Your privacy is important to us. You may view our privacy policy at Nossos Brazileirinhos.com/privacy

Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

For Additional Information

If you have any questions about these Terms and Conditions, please contact hello@nossosbrazileirinhos.com.