2. Minimal Age Requirements:
This website is offered and made available only to visitors 18 years of age or older. If you are under 18 years of age you are required to cease visiting this website immediately unless accompanied by an authorized adult or legal guardian.
The words "use" or "using" in this Agreement mean any action by which an individual (a "visitor"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy, transmit, receive or exchange data or communicate with the website, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the website, for any purpose whatsoever.
As stated in section 1 (Introduction), this Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the website and it cannot be modified, except as specifically described below in section 4 (Modifications).
If you do not agree with this Agreement, please immediately cease use of this website immediately.
Visitors are strongly encouraged to visit the website and review all of the posted Agreements and/or Policies on the website (in addition to the related 3rd parties pertaining to this website). We recommend you check back frequently and regularly review the aforementioned Agreements and/or Policies, to ensure you are completely aware of the most current rights and obligations that apply to the use of the website, which is your agreement with us.
5. Ownership Of Intellectual Property:
The contents of this website, including all website software, technology, content and information is property of Dr. Nicki J. Monti and protected under U.S copyright laws. Intellectual property such as the structure of the website, including, without limitation, the selection, sequence, 'look and feel', and arrangement of items are also protected items under U.S. copyright laws.
You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Dr. Nicki J. Monti or the legal owner of the Material if Dr. Nicki is not the owner.
Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require visitors to respect copyrights, trademarks, and intellectual property rights as well as those of the products and/or services that are purchased from the website.
We respects the intellectual property of others. On notice, we will act expeditiously to remove, from content on the website or from the leads and/or research that we sell to clients, any information that infringes on the copyrights of others. All third party videos posted on this website featuring Dr. Nicki J. Monti on other TV shows, for example, are done so with the expressed, written and approved consent of the legal owner of the Material
Online classes and other products and/or services purchased from this website are non-transferrable. You shall not, nor will you allow any third party to reproduce, modify, create derivatives, display, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any items purchased from this website without the expressed, written consent of the copyright holder and owner, Dr. Nicki J. Monti and the Montecchiani Group. Inc. All rights are reserved.
6. Acceptable Measures of Conduct:
Use of the website is subject to all applicable local, state, federal laws and regulations and where applicable, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your use of the information, products and/or services purchased from us. Using the purchased items in any manner that it is not intended for is illegal activity may result in legal action against you.
7. Contacting Us:
C/O Dr. Nicki J. Monti
269 S. Beverly Drive
Beverly Hills, California 90212
If you believe that any content on the website violates any of the terms of this Agreement, please feel free to contact us by either of the aforementioned methods. We will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
8. Disclaimer And Limitations Of Liability:
THIS SITE, AND ALL MATERIALS, PRODUCTS AND OPINIONS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WEBSITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED BEYOND WHAT IS INTENDED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the website, products, services, opinions from Dr. Nicki. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, applicable nature of any and all advice, features and functions of the website, including, without limitation with your use of the opinions, products and/or services purchased or provided on or from it.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS WEBSITE, DRNICKI.COM/STUCKNOMORE IS OWNED AND OPERATED BY MONTECCHIANI GROUP, INC. ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OPERATIONAL SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE, ADVICE AND OR PRODUCTS OR SERVICES PURCHASED FROM THIS WEBSITE. THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
You agree to indemnify, defend and hold the Montecchiani Group. Inc, the operator of DrNicki.com/Stucknomore.com, and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including attorneys' fees), resulting from any breach or violation of this Agreement by you.
We reserve the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the corporation in the defense of any such claim, action, settlement or compromise negotiations, as requested by Montecchiani Group. Inc.
This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable.
This Agreement, your use of the website and purchase of products and services from Montecchiani Group. Inc on behalf of Dr. Nicki J. Monti is governed by, construed and enforced in accordance with the internal substantive laws of the State of California (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed and wholly performed in California, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of California and County of Los Angeles and you agree not to object or challenge such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenes or otherwise.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. ANY SATISFACTION CLAIMS ARE GOVERED BY THIS AGREEMENT AND BY THE SATISFACTION GUARANTY; SUBJECT TO THE APPLICABLE TIMELINE TO ENACT THE SATISFACTION GUARANTY.