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TERMS OF USE AGREEMENT FOR DRNICKI.COM/STUCKNOMORE.COM
 
 


Terms of Use Agreement

Last modified: 3/17/2013

1. Introduction
The use of the website (drnicki.com, stucknomore.com, Dr. Nicki J. Monti, Dr. Nicki, and/or “the website”), as well as the purchasing of products or services from this website, requires the visitor to the website to agree and accept all of the items contained in the Terms of Use Agreement.

Please read the Dr. Nicki J. Monti Terms of Use Agreement (this document) carefully, because it describes your rights and responsibilities in order to access, use and purchase from

This is the official Terms of Use Agreement ("Agreement", “Terms of Use”) for Dr. Nicki J. Monti's website. Stucknomore.com/DrNicki.com is an Internet website ("Dr. Nicki J. Monti", “Dr. Nicki”, “we”, “us”, “our”) that provides advice, information, online classes, products and services for sale as well as opinions and/or advice based on personal experience(s).

This Agreement governs the Terms of Use for the website, contacting us, purchasing online via the website. This Agreement does not cover any third party websites relating to any other website (for example, Google Analytics for online utilization tracking or PayPal for secured payment processing). The aforementioned third party websites and any data specifically related to any other entity beyond Dr. Nicki J. Monti is beyond the control of this Agreement.

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.

3. Agreement to the Terms of Use
These Terms of Use regarding your use of the website constitute a legally binding agreement between the website visitor (“you”) and Dr. Nicki J. Monti's website. In this Agreement, the term "website" includes all websites and web pages within the website as well as the videos and information provided they are owned by us, as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are owned by this website.

By using this website, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern the products and services provided and sold on the website. You are required per these Terms of Use to review Privacy Policy located at this menu of Privacy Policy.

In the event of any issues pertaining to the Privacy Policy or these Terms of Use, you indemnify and hold harmless this company and its website including warranties and limitations of liability.

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.

4. Modifications:
Whenever possible, we will provide advance notice of upcoming changes to our Terms of Use Agreement and Privacy Policy. We reserve the right, at any time, at our sole discretion, to change the terms of this Agreement without advance notice. We will make reasonable effort to provide advance notification of upcoming changes to our Terms of Use Agreement. We will post on our website notice of either upcoming changes to the aforementioned Agreements and/or Policies or when changes have taken place.

Upon posting the revised Agreement and/or Policies on the website, these changes are immediately effective. Your use of the website after the changes to the Agreement become effective signifies your agreement and acceptance to the changes, therefore binding you to comply with the Terms of Use Agreement.

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:
We value the comments, suggestions and information provided to us via our website. If you have any questions about the Dr. Nicki J. Monti Terms of Use Agreement, please email us at terms@stucknomore.com or mail us at the address listed below:

Terms of Use
C/O Dr. Nicki J. Monti
269 S. Beverly Drive
Suite 430
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.

By using this website you are in compliance and agreement with the Terms of Use Agreement, as well as the Privacy Policy.

Due to the nature of sharing opinons, dispensing opinions or advice there is a level of human verification and additional research that may require additional time to verify the details of any custom analysis. The human aspect is a safety measure and precaution that may add time to the delivery or scheduling of services you purchased. If this is the case, Dr. Nicki J. Monti or her representative will make contact with the purchaser. This is not only a stipulation of the Terms of Use and purchase from this website; this is a facet of our commitment to the quality of products, services, and advice we provide clients.

9. Indemnification:
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.

10. Privacy Policy:
We respect your privacy and the use and protection of your personal information. Please review the Privacy Policy (located on the menu) for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the website.

11. Terms of Use Summary and Miscellaneous Terms:
This Agreement, together with the Satisfaction Guaranty and our Privacy Policy and any other regulations, procedures and policies to which we refer and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the website and Montecchiani Group. Inc and supersedes any and all prior or inconsistent understandings relating to the website, your use of the website or purchase from us.

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.