Agreement between User and Monte Nido Holdings, LLC, and all the websites that it or its affiliated companies own or operate, including www.montenido.com, www.montenidoaffiliates.com, www.oliverpyattcenters.com, and www.clementineprograms.com.
The websites (the “Site”) are comprised of various web pages owned or operated by Monte Nido & Affiliates. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
BY USING THE SITE, YOU AGREE THAT YOU ARE OVER THE AGE OF 18 AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. DO NOT USE IN ANY WAY IF YOU DO NOT AGREE TO THIS AGREEMENT.
Visiting the Site or sending emails to Monte Nido & Affiliates constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. You can provide any notices to us under this Agreement using the contact information provided below.
Children Under Thirteen
Monte Nido & Affiliates does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. Further, if you are under 18, you may use the Site only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Monte Nido & Affiliates and Monte Nido & Affiliates is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Monte Nido & Affiliates is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Monte Nido & Affiliates of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Monte Nido & Affiliates may share such information and data with any third party with whom Monte Nido & Affiliates has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Monte Nido & Affiliates or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. We welcome your comments regarding the Site Content. If you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials (collectively, “Suggestions”) to us in connection with or related to the Site and Monte Nido & Affiliates products and services (including any related technology), whether you send such in Suggestions to us through the Site or through a separate communication channel, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license under any and all rights in and to the Suggestions to use, reproduce, distribute, create derivative works of, adapt, display, perform, and otherwise exploit, and to make, have made, sell, offer to sell, and import any products and services incorporating or based on, Suggestions in any manner.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Monte Nido & Affiliates content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Monte Nido & Affiliates and the copyright owner. You will not submit any content or communications through the Site that is unlawful, harmful, hateful, threatening, abusive, violent, profane, discriminatory, prejudicial, disparaging, fraudulent, inaccurate, misleading, dangerous, offensive, indecent, harassing, threatening, intimidating, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise objectionable. You will not use the information in the Site to create or sell a similar service. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Monte Nido & Affiliates or our licensors except as expressly authorized by these Terms.
Monte Nido & Affiliates may from time to time in its sole discretion develop and provide Site updates, which may include upgrades, bug fixes, patches, other error corrections, or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Monte Nido & Affiliates has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the Site or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of this Agreement.
The Site may be subject to United States export control laws, including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Site to, or make the Site accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Site available outside the United States.
The Site is provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Site outside of the United States and that access thereto may not be legal by certain persons or in certain countries. The Site is controlled, operated and administered by Monte Nido & Affiliates from our offices within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Monte Nido & Affiliates Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Monte Nido & Affiliates, and its or their applicable officers, directors, employees, agents and third parties, for any and all claims, including losses, costs, liabilities and expenses, and reasonable attorney’s fees, relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Monte Nido & Affiliates reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Monte Nido & Affiliates in asserting any available defenses.
We are not responsible for any damages to you or anyone filing suit on your behalf for any reason.
IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF MONTE NIDO & AFFILIATES, ITS SUPPLIERS, LICENSORS, PARENT, OR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNEES OR SUCCESSORS-IN-INTEREST, FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE LESSER OF ONE THOUSAND U.S. DOLLARS ($1,000.00 USD) OR YOUR DIRECT PROVABLE DAMAGES.
IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST MONTE NIDO & AFFILIATES.
Monte Nido & Affiliates reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Monte Nido & Affiliates as a result of this agreement or use of the Site. Monte Nido & Affiliates’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Monte Nido & Affiliates’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Monte Nido & Affiliates with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Monte Nido & Affiliates with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Monte Nido & Affiliates with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Monte Nido & Affiliates reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Monte Nido & Affiliates encourages you to periodically review the Terms to stay informed of our updates. Your continued use of this Site will constitute your agreement to any new provisions within the revised Agreement.
This Agreement constitutes the entire agreement between you and Monte Nido & Affiliates relating to your use of, and access to, this Site and supersedes any prior or contemporaneous agreements or representations. This Agreement may not be amended except as set forth above.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.
Descriptive headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of this Agreement.
Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision.
No Assignments and Transfers
No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express prior written consent and in our sole discretion.
Monte Nido & Affiliates welcomes your questions or comments regarding the Terms:
Monte Nido & Affiliates Holdings, LLC
6100 SW 76th Street
Miami, Florida 33143
Effective as of July 1, 2020