Thank you for visiting www.bernardobrigade.com, the website for the local coalition, Bring Bernardo Back Brigade under the nonprofit organization, the Hispanic American Musicians Artists Cultural Association Inc (HAMACA), to bring back the monument of Bernardo de Gálvez to New Orleans, Louisiana.

 

This website has been made available to you subject to your compliance with the terms and conditions set forth below (the “Terms of Use”). Please read this document carefully before accessing or using this website. Please read also our Privacy and Security Policy. By accessing or using this website, you are agreeing to be bound by these terms and policies. If you do not wish to be bound, you may not access or use our website.  

 

Electronic Communications

When you visit www.bernardobrigade.com or send e-mails to us through this website, you are communicating with us electronically, and you are thereby consenting to receive communications from us electronically or by other means available.  We may communicate with you electronically or by telephone.  It is understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

 

Copyright and Licenses

The entire contents of this website, including but not limited to text, graphics, logos, button icons, Flash movies, images, audio clips, and digital downloads, are either property of HAMACA and the Bring Bernardo Back Brigade or being used with the expressed permission of the maker and are protected by domestic and international copyright and trademark laws.  You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the contents of www.bernardobrigade.com without the prior express written consent of HAMACA and the Bring Bernardo Back Brigade.  You may print or download portions of this website solely for your own non-commercial use if you agree not to change or delete any copyright or proprietary notices from any printed or copied material. If you believe any content appearing on our website constitutes a copyright infringement of another party’s rights, please contact us immediately at galveznolamonument@gmail.com to notify us of the alleged infringement.

 

License and Website Access

The HAMACA organization and the local coalition, Bring Bernardo Back Brigade grants you only a limited license to access and make personal use of its website, www.bernardobrigade.com. You may not download, modify, reproduce, duplicate, adapt, copy, sell, transmit, or otherwise exploit any portion of the contents of this website for any commercial purpose without the express written consent of HAMACA or the Bring Bernardo Back Brigade. You may not frame or use any framing techniques to enclose any trademark, logo, or other proprietary information on this website, including images, text, flash movie, page layout, or form, unless you have the express written consent of HAMCA or the Bring Bernardo Back Brigade.  You may not use META tags or any other hidden text which utilizes the name, “Bring Bernardo Back Brigade”, or any other derivative of our domain or company name without the express written consent of HAMACA or the Bring Bernardo Back Brigade. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Bring Bernardo Back Brigade, www.bernardobrigade.com, so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.  It is further understood and agreed that HAMACA and the Bring Bernardo Back Brigade cannot and do not guarantee or warrant that files made available for downloading through its website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through this website are free from such contaminations.

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Third Party Links (External Links) and Linked websites are not under the control of HAMACA and the Bring Bernardo Back Brigade.  The HAMACA organization and the Bring Bernardo Back Brigade are not responsible for the contents of any linked site, or any link contained in a linked site. HAMACA and the Bring Bernardo Back Brigade provide links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by HAMACA and Bring Bernardo Back Brigade of that website, or any product or content contained therein.

 

Applicable Law

By visiting www.bernardobrigade.com, you agree that the laws of the state of Louisiana, without regard to principals of conflict of laws, will govern the terms of Use and any dispute of any sort that might arise between you and the HAMACA and Bring Bernardo Back Brigade concerning use or access to its website.

 

Disputes – Consent to Arbitration

By accessing www.bernardobrigade.com, you are agreeing that any dispute relating in any way to your access of this site or to any alleged violation of the Terms of Use shall be submitted to binding arbitration in Orleans Parish, Louisiana. However, to the extent that it is alleged that you have violated or threatened to violate the organization’s intellectual property rights, HAMACA and the Bring Bernardo Back Brigade have the right to seek injunctive or other appropriate relief in any state or federal court in the state of Louisiana, and you are hereby consenting to exclusive jurisdiction and venue in such courts. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

Indemnification

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By accessing www.bernardobrigade.com, you agree to indemnify, defend, and hold harmless HAMACA and the Bring Bernardo Back Brigade, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of this website.

 

International Law

Given the global nature of the Internet, by accessing www.bernardobrigade.com, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

Other Provisions

HAMACA and the Bring Bernardo Back Brigade’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. HAMACA and the Bring Bernardo Back Brigade may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

 

Modification of these Terms of Use

HAMACA and the Bring Bernardo Back Brigade reserve the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms of Use and additional terms or notices posted on the Bring Bernardo Back Brigade website.  Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.