Terms Of Service - Nikola Valenti

We're thrilled to bring you this one-of-a-kind offer from our Nikola Valenti Inspired Collection for first time visitors only. As part of this special, one-time offer to help you expand your own beautiful, inspired jewelry collection, you'll receive three jewelry pieces put together just for you based on your selections and preferences for only a $1.46 shipping & processing charge. As promised, you keep the jewelry piece you selected absolutely FREE. It's our way of saying thank you for agreeing to explore our popular Inspired Collection catalog. The other two pieces in the set are yours to explore during the 25-day, no obligation, no risk evaluation period, which starts the day you receive the jewelry pieces.

If for any reason you don't like what you receive, simply visit us at https://www.nikolavalenti.com/account or contact our friendly customer service team anytime - 24 hours a day, 7 days a week, 365 days a year - before your evaluation ends to return any piece you do not want and you will not be charged for them. It is just that simple. Of course, if, like most of our customers, you like all three jewelry pieces - and we know you will - then do nothing and enjoy the entire three piece jewelry set. Because we design, manufacture and sell them directly to you with no middlemen or retail overhead, each jewelry piece is only $24.99 (which, as you know, is up to 80% off the store price for similar jewelry products), conveniently billed to your payment choice on file. Remember, the jewelry piece you selected is yours to keep absolutely FREE - even if you decide to return the others.

As an added benefit and to help you expand your own beautiful, inspired jewelry collection, about every seven weeks after you receive your first set you will receive another shipment of two beautiful jewelry pieces from our Inspired Collection selected specifically for you to try for just $5.96 shipping & processing. For each shipment, you will have 25 days from the day you receive them to review the unique jewelry pieces under the same terms above. Of course, you can cancel your participation in this program at anytime just by visiting the website https://www.nikolavalenti.com/account or contact our friendly customer service team. There is never any obligation and no minimum required purchase. Due to the nature of this trial offer, all charges are non-refundable and we cannot accept returns after the trial ends.

We know you'll love these beautiful, one of a kind jewelry pieces as much as we do. Enjoy!

Overview

Welcome to Nikola Valenti! This website is owned and operated by Four Jewels, LLC d/b/a Nikola Valenti. Throughout the site, the terms "we", "us", and "our" refer to Nikola Valenti. Nikola Valenti offers this website (also referred to as "Site"), https://www.NikolaValenti.com, including all information, tools, and services available from this site to you ("you" or "your"), the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here in our Terms of Service agreement ("Terms" or "Terms of Service").

Please review these Terms carefully. By using our Site, purchasing something from us, using any part of the Site in any way (including but not limited to browsing), and/or creating an Account, you engage in our "Service" and acknowledge that you have read, understood, and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not want to agree to the Terms of Service or the Privacy Policy, you must not access or use this Site. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. These Terms are a legally binding contract between you and Nikola Valenti. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. If you do not agree to all the terms and conditions of these Terms of Service, you may not access the Site or use any of the Services.

The Terms of Service contain an arbitration clause and class action waiver that will affect how disputes with Nikola Valenti are resolved. ACCORDINGLY, EXCEPT FOR THE LIMITED CIRCUMSTANCES DESCRIBED IN THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR TO A TRIAL BY JURY.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We may revise and update these Terms of Service by posting updates and/or changes to our website at our sole discretion. Any change or modification will be effective immediately upon posting the revisions on the Site. It is your responsibility to check this page periodically for changes that may affect your rights or obligations, as they are binding on you. Your continued use of or access to this Site following any posted changes to these Terms means you accept and agree to the changes. If you disagree with the amended terms, you must stop using the Site.

General Conditions

We reserve the right to refuse service to anyone for any reason, at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided without express written permission by us.

You represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Use of the Site

You may use the Site only for your noncommercial personal use and in compliance with these Terms. You are responsible for your communications, including the transmission, uploading, or posting of information to the Site, and are responsible for the consequences of such communications. Any other use of the Site other than the intended purpose requires the prior written consent of Nikola Valenti. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Nikola Valenti. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part. You may not use automated means to access, monitor, or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods. You may not use our site in any way that interferes with our site's regular operation. Any use of our Site or the site content and materials other than as specifically authorized herein without the prior written permission of Nikola Valenti is strictly prohibited. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

To use the Services, you must sign up for an account (your “Account”) and provide us with certain information or data, such as your contact information. You promise to provide accurate, complete, and up-to-date information and to maintain and update such information. You may not transfer your Account to anyone else without our written permission. You may only register one Account per Paid Membership.

You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all applicable laws to you. If your use of the Services or Products is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms, or applicable law.

You may not share your Account with anyone, and you must protect the security of your Account and any other access tools or credentials. You're solely responsible for any activity associated with your Account, including all charges incurred from the use of the Services with your Account.

We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer account, payment card, or billing or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or any other purposes in violation of these Terms or any Additional Terms.

Free Jewelry Promotion

We're thrilled to bring you this one-of-a-kind offer from our Nikola Valenti Inspired Collection for first-time customers only. As part of this special, one-time offer to help you expand your own beautiful, inspired jewelry collection, you'll receive three jewelry pieces put together just for you based on your selections and preferences for only a small initial shipping & processing charge. You will get to keep the jewelry piece you selected absolutely FREE. It's our way of saying thank you for agreeing to explore our popular Inspired Collection catalog. The other two pieces in the set are yours to explore during the 25-day, no obligation, no risk evaluation period, which starts the day you receive the jewelry pieces. Because we design, manufacture and sell them directly to you with no middlemen or retail overhead, each jewelry piece is only $24.99, conveniently billed to your payment choice on file should you decide to keep the pieces past the 25-day evaluation period. Remember, the jewelry piece you selected is yours to keep absolutely FREE - even if you decide to return the others.

At the time of your initial acceptance of the offer and receipt of your order, you will automatically join our membership services. You will be charged in accordance with these Terms unless you cancel the membership services in accordance with these Terms. Please note that any payment terms presented to you in the process of using or signing up for a free trial or other promotion are deemed part of these Terms.

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through the Services may be governed by rules separate from this Agreement. If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

How Payments Work

When you place an order with Nikola Valenti, you hereby authorize Nikola Valenti to charge your payment card or other payment instruments ("Payment Method") for shipping and processing of any product(s), price of any product you keep past the 25 day evaluation period, and any associated fees incurred in association with these Terms. You must ensure that, at all times, your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to Nikola Valenti and notifying Nikola Valenti of any changes to such information. Nikola Valenti will charge your Payment Method the amount of the initial shipping and processing immediately upon your first order.

We use a third-party payment processor (the "Payment Processor") to bill you for any Paid Services through a payment account linked to your account (your "Billing Account"). By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payment using that selected Payment Method. Still, if the Payment Processor cannot charge your preferred Payment Method, you authorize us to use any Payment Method stored on record for your Billing Account. We reserve the right to suspend or cancel your order or terminate your access to the Services and seek collections in the event that we are unable to charge the provided Payment Method successfully. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that the Payment Processor or we make(s) even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to receive payment request communications from us, incur applicable late fees, and pay all amounts due on your Billing Account upon demand.

We reserve the right to modify or waive fees required to use certain parts of our Services. You are solely responsible for: (i) the fee for any Paid Services that you order and that are not canceled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any late fees accrued by you due to late or lost items. Please note that any pricing, fees, and payment terms presented to you in the process of using or signing up for membership are deemed part of these Terms.

How Recurring Billing and Auto-renewal Work

Our services are offered as a membership program that consists of the initial order, for which there will be an initial charge of shipping and processing, followed by a recurring charge of $24.99 per jewelry piece you keep past the 25-day evaluation period. Should you remain active, about two weeks after the trial ends, your Payment Method will be charged the then-current applicable shipping and processing rate of $5.96 for an additional shipment of two jewelry pieces to be evaluated. The applicable cost of the jewelry ($24.99 per piece) will automatically be charged should the product(s) not be returned 25 days after the products have been delivered.

Your Account will remain active, and you will remain eligible to participate in the Membership program for subsequent Billing Periods after we successfully receive your payment for each applicable shipment. If you do not want to continue to be charged on a recurring monthly basis, you must Cancel or Pause the applicable Membership Service or terminate your Account before the end of the 25-day evaluation period.

By choosing a recurring Membership Service, you acknowledge that such Paid Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges before cancellation. WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR CANCELLED OR PAUSED THE SERVICES OR YOUR ACCOUNT. Such notice will not affect charges that have already been submitted or are in process. Products returned past the agreed-upon 25-day evaluation timeframe do not release you from your payment responsibilities and do not automatically cancel the Membership Service to Nikola Valenti.

Payment Authorization

Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each Billing Period. You also agree that we may continue to retry your payment methods for any payment declines for any reason and request updated account information from your payment provider.

Your non-termination, continued use of a Membership Service, or non-return of any of our product(s) reaffirms that we (and/or our Payment Processor) are authorized to charge your Payment Method for that Membership Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you.

Taxes

You will be responsible for paying, withholding, filing, and reporting all federal, state, and local goods and services taxes, duties, customs, duties, levies, and other governmental assessments associated with your activity in connection with the Services (including any purchase or rental of any Products and Membership Services), provided that Nikola Valenti may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

Cancel your Account or a Membership Service

You may terminate your Account or Membership Service ("Service") anytime, for any reason. Go to https://www.nikolavalenti.com/account 24 hours a day, seven days a week, 365 days a year, to request the cancellation of your service. Your account will remain active until you receive an email confirmation that your account has been canceled correctly. You must return all unpaid jewelry in your possession in accordance with these Terms no later than 25 days from which they were received to avoid incurring additional charges, including late fees.

Please note that you will not receive any refunds for amounts previously paid for the Membership Services, shipping, and processing, jewelry kept past the evaluation period, or applicable late fees, and you will still be responsible for payment of any fees or charges incurred by you before termination of your Membership Service. You agree that Nikola Valenti can continue to make collection attempts on your payment method and/or send communication regarding payment collection until all payments are complete, even if the account is suspended, limited, or canceled.

Nikola Valenti is also free to suspend, limit, or terminate your access to or use of the Services or your Account for any reason at our discretion, including your breach of these Terms.

Late Fees

If you do not return one or more Products (other than Products that you purchase) within the 25-day evaluation period, you hereby authorize us (or our third-party payment processor) to apply and charge your Payment Method non-refundable fees for payment not collected as scheduled and the cost of $24.99 per product plus applicable sales tax.

Should our efforts to collect payments for the product that you keep past the 25-day evaluation period be unsuccessful through the payment method we have, you agree to provide an updated method of payment immediately upon receipt of email from us regarding the unsuccessful payment, and receive any communication regarding failed payment attempts. If, after a reasonable effort at communication for requesting updated payment methods is made, and payment still needs to be collected, Nikola Valenti, in its sole discretion, can apply late fees to your account. You agree that Nikola Valenti, in its sole discretion, can transfer delinquent accounts to a third-party collection agency or enforce its rights under these Terms of Service in any manner we deem necessary. The decision of Nikola Valenti at any time to not exercise or enforce late fees or transfer delinquent accounts to a third-party collection agency will not be deemed or construed to be a waiver of the payments for the product(s) and shipping due or in any way affect the right of Nikola Valenti to enact on these provisions thereafter.

If you are charged by Nikola Valenti and pay for the product and all associated late fees, you are permitted to retain the Product; however, we do not make, and expressly disclaim, any warranties of any kind with respect to the Product, and the Product is provided to you on an "AS IS" basis. Payment of any late fees does not excuse your breach of these Terms.

Information on Our Site

Nikola Valenti is committed to providing current and accurate information on our website, email, chat, and telephone communications. We do not, however, warrant that this information is always correct, accurate, or complete, nor do we take responsibility for any information made available on this site that is not accurate, complete, or current. In rare circumstances, data, including prices, product descriptions, promotions, offers, shipping charges, transit times, and availability, may be inaccurately displayed on our Site due to system and typographical errors or omissions which may occur. Inadvertent errors or inaccurate advertised prices or promotions are not binding on Nikola Valenti and may be adjusted by Nikola Valenti at any time. Nikola Valenti reserves the right to correct any and all errors when they do occur, at its discretion without prior notice (including after you have submitted your order), and notify the customer only when we deem it appropriate or necessary.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site and that reliance on the material on this site is at your own risk. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.

Information that we communicate is not a binding contract and should not be treated as such. There is no remedy for a customer acting on incorrect information.

Nikola Valenti holds a dynamic inventory, and stock availability is subject to change. Products may appear on our site larger or smaller than their actual size. Given the variation in computer monitor settings, color and size may vary slightly when viewing product photography. Nikola Valenti retains the full unrestricted rights to all jewelry designs, whether custom or standard and may choose to market or sell jewelry based on such designs.

All representations, including representations regarding the origin or content of the jewelry, are provided to the best of Nikola Valenti’s knowledge and without guarantee or warranty of any kind. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

Your Account and Order

When you access or use the Nikola Valenti website or your personalized Nikola Valenti account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you are under 18 years of age, you may only use Nikolavalenti.com only under the guidance and direction of a consenting parent or guardian who accepts the Terms. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service. Please note that Nikola Valenti reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.

In the case where a customer files a chargeback or fails to make any payment due, Nikola Valenti has the right to recover its direct and indirect costs and cancel any promotional items, free shipping, or other benefits, as determined in Nikola Valenti's sole and absolute discretion.

Furthermore, we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. In addition, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

Product Reviews and User Content

Nikola Valenti's website and social media accounts include or may include in the future a product review feature, discussion forums, user-generated content, or other areas or services in which you or a third party has the opportunity to create, post, or store content, messages, materials, reviews, or other items on our website or social media accounts ("Interactive Areas"). You shall be solely responsible for your use and the content provided. By using any Interactive Areas or Third Party Review collection sites, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following: (a) Any message, data, information, text, music, sound, photos, video, graphics, code or other material ("User Content") that is or would reasonably be considered to be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law, statute or regulation, including, but not limited to, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and (h) User Content that, in the sole judgment of Nikola Valenti, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose Nikola Valenti or its users to any harm or liability of any type.

If you post User Content to our website or social media, email User Content to Nikola Valenti, and/or provide Nikola Valenti permission to use, repost, or otherwise share User Content you have created or shared on social media, you grant Nikola Valenti a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You further grant Nikola Valenti and sublicensees the right to use the name you submit in connection with such content if they choose to do so. You represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the right to such User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Terms and will not violate any rights of or cause injury to any person or entity.

Nikola Valenti disclaims any responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party or for any loss or damage thereto, nor shall Nikola Valenti be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter as a result of said User Content posted. Nikola Valenti is not liable for any statements, representations, or User Content provided by its users in any public forum, review sites, your personal home page, social media pages, or other Interactive Areas. Additionally, Nikola Valenti reserves the right and has absolute discretion to remove, screen, or edit any User Content posted or stored on our website or social media pages or any third-party review sites at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our website at your sole cost and expense.

Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties or direct you to a third-party website not affiliated with us.

Links to other Internet sites and services operated by third parties, including Nikola Valenti vendors, do not constitute sponsorship, endorsement, or approval by Nikola Valenti of the content, policies, or practices of such linked sites or services. Nikola Valenti is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of the content on linked sites or services and the privacy policies and practices of the linked sites or services. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions connected with any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Personal Information

Your submission of information through the site is governed by our Privacy Policy. Please review our current Privacy Policy here. By using this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Consent to Receive Periodic Messages

By using the Services, you consent to receive communications from us, including informational text messages, emails, and phone calls (such as for purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, providing other transactional information, promotional marketing, or requesting payment) to the contact information that you provide to us by any means. You represent and warrant that you are the owner of the communication method (email, address, phone number) that you provide when you create an Account. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Services. Please also note that you will need to opt out of communications for each Service that you sign up for. You agree to indemnify and hold Nikola Valenti harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

Disclaimer of Warranties

Nikola Valenti does not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time, we may remove the Service for indefinite periods or cancel the service at any time without notice to you.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF TH SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Nikola Valenti, its independent contractors, service providers, and consultants, and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Nikola Valenti Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Nikola Valenti and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your use of any information obtained from the Site, your User Contributions, your violation of these Terms of Service or your violation of the rights of any third party.

Severability

In the event that any provision of these Terms of Service is held to be unlawful, void, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms of Service will continue in full force and effect.

No waiver by Nikola Valenti of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nikola Valenti to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Termination

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you future access and use to our Services (or any part thereof).

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site or with respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.

Agreement to Arbitrate

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. You acknowledge and agree that you are waiving the right to a trial by jury. This arbitration provision shall survive the termination of these Terms, as well as any other contractual agreement that you have with the Company.

You acknowledge and agree that, by agreeing to these Terms, the Federal Arbitration Act ("FAA") shall govern the interpretation and enforcement of this provision and that any such arbitration must proceed with the American Arbitration Association ("AAA") before a mutually agreed upon single arbitrator licensed to practice law in the state of Texas. It will be conducted under the then-prevailing Arbitration Rules of the AAA, and these Terms shall bind the arbitrator. The arbitrator shall have the authority to award or grant legal, equitable, and declaratory relief only to the extent necessary to provide relief necessitated by that party's individual claim. Any relief awarded cannot affect other users or customers of the Site. Such arbitration shall be final and binding on the parties.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Governing Law

All matters relating to the Site and these Terms of Services, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Services or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas and County of Dallas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your state of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Geographic Restriction

The Services are controlled or operated (or both) from the United States and are not intended to subject Nikola Valenti to any non-U.S. jurisdiction or law. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations of the United States in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that Nikola Valenti chooses.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Us

If you have any questions or complaints regarding the Services or these Terms, contact us at legal@nikolavalenti.com. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. If you have a disability and would like to access these Terms of Service in an alternative format, please email us at legal@nikolavalenti.com, and we would be happy to oblige.

Last Updated: March 23, 2023

WE ARE COMMITTED TO PROTECTING YOUR PRIVACY

Overview

The information we collect is used solely to process orders. We will NEVER sell your information or put you on any 3rd party mailing list. To help ensure your privacy, we use the most up-to-date encryption technology to keep your personal information secure. Click the Norton Secured icon to verify. We do NOT sell, trade, or otherwise share any of your personal information. You will NEVER have to worry about receiving unsolicited email for other companies by ordering from us. No one cares about or protects your privacy more than we do - no e-business, no catalog, no newspaper, no bank - no one.

We hate spam! That's why we only e-mail you what you've specifically requested, and why we never share your e-mail address or use it for any other purpose.

Security

When users submit sensitive information via the site, their information is protected both online and off-line. When our order form asks users to enter sensitive information, that information is encrypted using Secure Sockets Layers (SSL) - the highest level of encryption available. All information entered into our order forms will be encrypted when you submit the information page.

Information Collection

We automatically receive and record information from your computer and browser, including your IP Address, software and hardware attributes, and the page you request.

If you have questions or concerns regarding your information or this policy, contact our Privacy Office at help@nikolavalenti.com. Privacy Policy effective date 02/16/2018.

WE ARE COMMITTED TO PROTECTING YOUR PRIVACY

Introduction and Overview

This Privacy Policy explains what personal information Four Jewels, LLC d/b/a Nikola Valenti ("we", "our", or "us") collects, why we collect this information, and how we use the information we collect, as well as your rights and choices regarding such information. We respect your privacy and are committed to protecting it through our compliance with this policy. For purposes of this Privacy Policy, "Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you.

This policy applies to information we collect:

• On this Site.
• In email, text, and other electronic messages between you and this Site.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by us or any third party; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Site.

By using the Service or interacting with us offline, you agree to our Terms of Service and our collection, use, and disclosure practices and other activities described in this Privacy Policy. If you do not agree and do not consent to the Privacy Policy, you must stop, or refrain from, using our Site and services.

Nikola Valenti encourages you to periodically review this Privacy Policy to learn about our privacy practices. If you are a California resident, Nevada resident, or data subject in Europe, please see the "Additional Disclosures for California Residents", "Additional Disclosures for Nevada Residents" and "Additional Disclosures for Data Subjects in Europe" sections.

If you have questions or concerns about our Privacy Policy, please contact privacy@nikolavalenti.com.

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@nikolavalenti.com.

Information We Collect

When you visit the Site, we automatically collect certain information about your device and hardware attributes, including your web browser, IP address, time zone, type of device, and some of the cookies installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as "Device Information".

How we Collect Information

We collect Device Information using the following technologies and methods:

• "Cookies" are data files placed on your device or computer, often including a unique anonymous identifier. For more information about cookies and how to disable cookies, visit https://allaboutcookies.org.
• "Log files" track actions occurring on the Site, and collect data, including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
• "Web beacons", "tags", and "pixels" are electronic files used to record information about how you browse the Site.
• Directly from you when you provide it to us. When you make a purchase or attempt to purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers and paypal account information), email address, and phone number. Additionally, we collect and store your site credentials for authentication and account access to our site. We also collect and store the content you send us, such as product reviews you write or messages you send to customer service through our email. We refer to this information as "Account Information".

From time to time, Nikola Valenti may obtain information about you from other sources, including marketing companies, social networks, financing providers, payment processors, advertising and marketing partners, and publicly-available sources such as open government databases or other data in the public domain.

Use of Information

Our business purposes for collecting and using information include the following:

• Manage our Service, including your registration, account, and transactions.
• Perform services requested by you, such as processing and fulfilling your order, collecting payment, responding to your comments, questions, and requests, and providing customer service.
• Send payment reminders and otherwise assist in completing your order
• Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
• Monitor and analyze trends, usage, and activities regarding our Service.
• Conduct Promotions, including surveys and/or research on our users' demographics, interests, and behavior.
• Improve our marketing and promotional efforts, Service content, and product and service offerings.
• Develop and send you direct marketing, including advertisements and communications about our and other party products, offers, promotions, rewards, events, and services, through different channels as applicable.
• Prevent or take action regarding illegal activities, including suspected fraud; protect our, your, or others’ rights, privacy, safety, or property (including by making and defending legal claims); enforce the terms and conditions that govern the Services; and conduct, complete, or respond to audits or audit results.
• Comply with applicable law, regulation, legal process, or governmental request.
• Fulfill any other business or commercial purposes disclosed to you at your direction or with your consent.
• Make collections on past due payments and/or late fees due.
• We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address) and, more generally, to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
• We may use information that does not identify you (including de-identified information) without obligation to you except as prohibited by applicable law. For information on your rights and choices regarding how we use your Personal Information, please see the section entitled "Your Rights and Choices" below.

Sharing of Information

We may share your Personal Information with third parties in accordance with the practices described in this Privacy Policy.

For example, we use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en

We also share your information with agents, contractors, and other service providers in connection with their work on our behalf (collectively "Service Providers"). Our Service Providers only receive your information if such information is needed to perform their function(s), and they are not authorized to use such information for any other purpose(s) other than the purpose(s) set forth by Nikola Valenti. We only provide Service Providers with the information necessary to complete the requested service, product, or transaction. We contractually prohibit them from retaining, using, or disclosing information about you for any purpose other than performing the services for us. Notwithstanding the above, we may permit our Service Providers to use aggregate information which does not identify you or de-identified data for other purposes. We also share your personal information to enforce or apply our Terms of Service and other agreements, including for billing and collection purposes, or if we believe disclosure is necessary or appropriate to protect the rights, property, or Safety of Nikola Valenti, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful requests for information we receive, or to protect our rights otherwise.

We may also share your information with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Nikola Valenti’s assets, whether as a going concern or as a part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Nikola Valenti about or Site users is among the assets transferred.

Your Rights and Choices

You may access, update, or remove certain account information you voluntarily submitted to us through the Service. If you would like to update or revise the information in your account, you may do so through your account or by contacting us at help@nikolavalenti.com. We may require additional information from you to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Service. California residents and data subjects in Europe have additional rights as outlined in the sections entitled "Additional Disclosures for California Residents" and "Additional Disclosures for Data Subjects in Europe" below.

At all times, you may decline our cookies if your browser permits. Most browsers allow you to refuse cookies by activating the setting on your browser, which allows you to refuse the setting of all or some cookies. If you use multiple browsers on your device or multiple devices, you must instruct each browser and device separately. Your ability to limit cookies is subject to your browser settings and limitations. You can learn more about cookies and how to decline them at https://allaboutcookies.org.

Do Not Track. Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, there is no industry consensus as to what website and application operators should do about these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to "Do Not Track" signals or other mechanisms. For more information on "Do Not Track", visit https://allaboutdnt.com/.

You can opt out of Google's use of your Personal Information in connection with Google Analytics through cookies by visiting https://tools.google.com/dlpage/gaoptout and downloading the Google Analytics Opt-out Browser Add-on.

Some of the other parties that collect information from or about you on the Service to provide more relevant advertising to you may participate in the Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about using their information for online behavioral advertising. To learn more about the DAA and opt-out options for their members, please visit aboutads.info/choices. In addition, some of these other parties may be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and opt-out options for their members, please visit networkadvertising.org/choices. If you are in the EU, please visit the EU online choices page at www.youronlinechoices.com. Please note that if you opt-out using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out. Further, opting out only means that the selected members should no longer deliver certain Interest-Based Advertising to you. Still, it does not mean you will no longer receive any targeted content and/or ads (e.g. from other ad networks) or non-targeted ads.

Please be aware that if you disable or remove Online Technologies, some parts of the Service may not function correctly. We are not responsible for the effectiveness of, or compliance with, any other parties opt-out options or programs or the accuracy of their statements regarding their programs.

To opt out of receiving e-mail promotions from Nikola Valenti, please follow the unsubscribe instructions in our promotional e-mail correspondence or contact us at help@nikolavalenti.com. Please note that opting out of promotional communications from Nikola Valenti does not affect our non-promotional communications with you, including those related to your account, orders placed with Nikola Valenti, or our ongoing business relations.

Data security and retention

We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect your information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Despite our measures, transmission via the Internet is not completely secure, and we cannot guarantee the security of your information.

When you place an order through the Site, we will maintain and retain your Personal Information for our records unless and until you ask us to delete this information, until it is no longer required for us to provide you any Services or communications to you, or otherwise permitted by law.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.

International Transfer

Nikola Valenti is based in the U.S., and the information we collect is governed by U.S. law. Your information may be stored and processed in the United States or any other country where Nikola Valenti or its partners, affiliates, service providers, subsidiaries, or agents maintain facilities. By using this website, you consent to any such transfer of information outside of your country. Data protection laws in the U.S. and other jurisdictions may differ from those of your country of residence. Your use of the Service or provision of any information, therefore, constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information in the U.S. and other jurisdictions as outlined in this Privacy Policy. If your data is collected in Europe, we will transfer your personal data subject to appropriate or suitable safeguards.

Changes to the Privacy Policy

This is our entire and exclusive Privacy Policy, and it supersedes any earlier version. We may occasionally update this Privacy Policy to reflect changes in our operations, and we reserve the right to do so at any time. When a revision is made, we will revise the "Effective Date" on this page, and any changes will be effective immediately upon posting the revised Privacy Policy. Nikola Valenti encourages you to periodically review this Privacy Policy to learn how we protect your information. Your continued use of our Service indicates your consent to the Privacy Policy then posted. If any changes are material, we may provide you additional notice, such as to your e-mail address.

Contact Us

If you have questions about this Privacy Policy or our Personal Information practices, please contact us via email at privacy@nikolavalenti.com.

If you have a disability and would like to access this Privacy Policy in an alternative format, please email us at privacy@nikolavalenti.com, and we would be happy to oblige.

Additional Disclosures for California Residents

These additional disclosures for California residents apply only to individuals who reside in California. The California Privacy Rights Act ("CPRA") provides additional rights to know, delete, and opt-out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.

California Notice of Collection

We may collect, and may have in the past 12 months collected, the following categories of Personal Information enumerated in the CPRA: Identifiers, such as name, email address, phone number, account name, IP address, and an ID or number assigned to your account; Customer records, such as billing and shipping address, and credit or debit card data; Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws; Commercial information, such as products or services history and purchases; Internet activity, such as your interactions with our Service; Audio or visual data, such as photos or videos you share with us or post on the Service; and Geolocation data. In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

We obtain the categories of personal information listed above from the following categories of sources: Directly from you. For example, from forms you complete or products and services you purchase. Indirectly from you. For example, from observing your actions on our Site.

For more information on the information we collect, including the sources we receive information from, review the "Information We Collect" section in our Privacy Policy. We collect and use these categories of Personal Information for the business purposes described in the "Use of Information" section.

We use and partner with different types of entities to assist with our daily operations and manage our Service. Please review the "Sharing Personal Information" section below for more detail about the parties to whom we disclose or "share" (as defined by the CPRA) information.

Sharing Personal Information

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

We do not sell personal information. In the preceding twelve (12) months, Company has not sold personal information to the categories of third parties indicated in the chart below. For more on your personal information sale rights, see https://oag.ca.gov/privacy/ccpa#sectionb.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising your Rights to Know or Delete), we will disclose to you:

1. The categories of personal information we collected about you.
2. The categories of sources for the personal information we collected about you.
3. Our business or commercial purpose for collecting or selling that personal information.
4. The categories of third parties with whom we share that personal information.
5. If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
6. The specific pieces of personal information we collected about you (also called a data portability request).

We do not provide a right to know or data portability disclosure for B2B personal information.

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

We do not provide these deletion rights for B2B personal information.

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by either:

Emailing us at privacy@nikolavalenti.com or visiting https://www.NikolaValenti.com

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may also make a request to know or delete on behalf of your child by informing us we have such information and requesting to delete such information at privacy@nikolavalenti.com.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:

Providing copies of identification cards that match our records

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us at privacy@nikolavalenti.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Right To Non-Discrimination and Non-Retaliation

You have the right not to receive discriminatory or retaliatory treatment by us for exercising your rights. If you believe you have received discriminatory or retaliatory treatment by Nikola Valenti for exercising your CPRA rights, please contact us.

Right To Opt Out of "Sharing"

We do not, as a matter of course, "sell" Personal Information, as that term is commonly understood. However, Personal Information collected on our Service by third parties for Interest-Based Advertising may be considered "sharing" under the CPRA, and you have the right to opt-out. To exercise your opt-out right, please email privacy@nikolavalenti.com with your request.

California "Shine the Light" Law

If you are a customer in California, in addition to the rights set forth above, you have the right to request information from Nikola Valenti regarding the manner in which Nikola Valenti shares certain categories of Personal Information as defined by California's "Shine the Light" law with third parties and/or affiliates for their own direct marketing purposes. To receive this information, send us a request at privacy@nikolavalenti.com. Requests must include "California Shine the Light Privacy Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Nikola Valenti may provide this information in a standardized format that is not specific to you and is not required to respond to requests made by means other than through the provided e-mail address.

Additional Disclosures for Colorado, Connecticut, Nevada, Virginia, and Utah Residents

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights please email us at privacy@nikolavalenti.com. To appeal a decision regarding a consumer rights, request an appeal at privacy@nikolavalenti.com.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: privacy@nikolavalenti.com. However, please know we do not currently sell data triggering that statute's opt-out requirements.

Additional Disclosures for Data Subjects In Europe

The below information is provided as a supplement to our Privacy Policy to provide additional information to individuals in the European Economic Area, United Kingdom, and Switzerland (collectively, "Europe").

Lawful Basis

European data protection law requires a "lawful basis" for processing personal data. Our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes, either to us or to our service providers or partners; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or another party, and your interests and fundamental rights and freedoms do not override those interests, where such legitimate interests may include (1) to communicate with you in response to your requests, questions, inquiries, and submissions; (2) to conduct advertising, marketing and promotional activities in connection with operating our business; and (3) for research and development, security and optimization of our Services

Data Subject Rights

If you are a data subject in Europe, you have the right to access, rectify, or erase any Personal Information we have collected about you through the Service. You also have the right to data portability and to restrict or object to our processing of Personal Information we have collected about you through the Service. In addition, you have the right to ask us not to process your Personal Information (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on the consent you have provided to us.

Certain other details regarding the processing of Personal Information that individuals located in Europe may be entitled to receive are contained in other provisions of the Privacy Policy. The Services are hosted in and provided from the United States, and your use of our Services is governed by United States law. If you are using the Services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States, where our systems are located. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Services, you consent to your information being transferred to our systems and facilities and to the systems and facilities of those third parties with whom we share information as described in this Privacy Policy. If Personal Information is transferred to a recipient in a country that does not provide an adequate level of protection for Personal Information under the laws of your country in Europe, we will take measures designed to adequately protect your Personal Information, such as ensuring that such transfers are subject to the terms of the applicable Standard Contractual Clauses or their equivalent.

Additional Disclosure for Data Subjects in Canada

It is the policy of Nikola Valenti to:

• carry out the collection, use, disclosure, retention and disposition of personal information in a way that respects the privacy principles outlined in the Privacy Act and other applicable laws and regulations;
• protect the personal information under its control while enabling access to and use of the information, as required, to maintain and deliver services on the Site;
• communicate its privacy practices to the public;
• ensure that effective and up-to-date personal information protection measures are in place;

Please view the sections of this Privacy Policy titled "What Information We Collect", "How We Collect Information", and "Use of Information" for more information on the personal information we collect, how we collect it, and how we use it.

Subject to applicable laws, you have the right to request to know what personal information we have about you in our possession, how it was collected, and how it is used, and to request the modification, update, or correction of your personal information. You may also have the right to request that your personal information be deleted in certain circumstances.

If you wish to exercise your rights, make inquiries or complaints about this Policy and our personal information practices please make your request as described in the paragraph immediately below, titled "Requests".

Requests

If you are a resident of California, Connecticut, Nevada, Virginia, or Utah, or an individual in Europe or Canada who wishes to exercise any of the corresponding rights described above, please submit an email request to privacy@nikolavalenti.com, Attention: Privacy Officer. In your request, please specify which right you are seeking to exercise and the scope of the request. We may require specific information from you to help us verify your identity and process your request. If we cannot verify your identity, we may deny your request.

When you submit a request, do not send us, directly or indirectly, any sensitive or special categories of Personal Information (e.g., social security numbers or other national or state identifiers, health information, biometric data or genetic characteristics, criminal background information, financial account numbers, payment card information, and so on).

We will evaluate and respond to your request to the extent required by law (or at our discretion if not required by law) in the time required by law and as permitted by our contracts, confidentiality obligations, and applicable laws and regulations. We may be unable to provide all the information requested or fulfill your request due to certain exceptions enumerated under applicable law. In such a case, we will inform you of the reasons we cannot fulfill all or parts of your request. If the request submission methods above do not enable you to submit your request, please contact us at privacy@nikolavalenti.com.

For individuals in Europe, if you have any concerns with our data protection law compliance, you also have the right to complain to a European supervisory authority.

Last Updated: April 3, 2023

Web Accessibility Statement

Nikola Valenti cares about all of our customers and is committed to facilitating and improving the accessibility and usability of its Website, https://www.NikolaValenti.com (the "Website"), ensuring that our Website services and content are accessible to persons with disabilities including, but not limited to users of screen reader technology. We believe the internet should be available and accessible to everybody and are committed to making our website accessible to the broadest possible audience.

Please be aware that our efforts to maintain accessibility and usability are ongoing. While we do our best to make all areas of the Website as accessible as possible, some issues may be encountered due to the lack of an adequate technological solution to make them accessible or due to the varied range of assistive technology. Still, we continue to improve our accessibility for all by adding, updating, and improving our Website options and features and developing and/or adopting the latest technologies where appropriate.

We appreciate your understanding as we work towards having a fully accessible website for all. If, at any time, you have specific questions or concerns or experience any difficulty using our website, please contact us at compliance@nikolavalenti.com.

Thank you for visiting.

Last Updated: March 10, 2023