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").
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
If you have any questions or complaints regarding the Services or these Terms, contact us at firstname.lastname@example.org. 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 email@example.com, and we would be happy to oblige.
Last Updated: March 23, 2023