Terms of Use

Terms of Use

Terms of Service for Nicka Pretorius LLC

1. Introduction
These Terms of Service (“Terms”) govern your access to and use of the content, services, website, and applications offered by Nicka Pretorius LLC (“we,” “us,” “our”). These Terms constitute a legally binding agreement between you and Nicka Pretorius LLC. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Definitions
“User,” “you,” and “your” refer to the individual or entity accessing or using our services.
“Content” refers to any text, images, videos, audio, graphics, or other material that appears on or through our services.
“Creator Content” refers to the Content that we create, publish, or make available through our services.
“User Content” refers to any Content that users submit, upload, or transmit to or through our services.
“Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights.

3. Acceptance of Terms
By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use our services.

4. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a prominent notice on our website or by sending you an email. Your continued use of our services after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our services.

5. Eligibility
To use our services, you must be at least 13 years old. If you are under 18 years old, you must have permission from your parent or legal guardian to use our services, and they must agree to these Terms on your behalf. Certain features or content may have additional age restrictions. By using our services, you represent and warrant that you meet these eligibility requirements.

6. Account Registration
You may be required to create an account to access certain features of our services. You are responsible for:
– Providing accurate, current, and complete information
– Maintaining the confidentiality of your password and account
– All activities that occur under your account
– Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or if we believe your account may pose a risk to our services or other users.

7. Creator Content and Licensing
Creator Content is owned by Nicka Pretorius LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Creator Content for your personal, non-commercial use only, subject to these Terms. This license does not include any right to:

– Modify, reproduce, distribute, perform, display, or create derivative works of the Creator Content
– Use the Creator Content for commercial purposes without our prior written consent
– Remove any copyright, trademark, or other proprietary notices from the Creator Content
– Use the Creator Content in any way that violates these Terms or applicable laws

These license rights may be revoked at any time in our sole discretion.

8. Premium Content and Subscriptions
We may offer premium content or subscription services that require payment. Unless otherwise specified:

– Subscriptions are billed on a monthly basis
– Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date
– You authorize us to charge your payment method for the subscription fee at the beginning of each billing period
– Prices for subscriptions may change with notice
– We do not provide refunds for subscription fees already paid except as required by applicable law

You may cancel your subscription at any time through your account settings or by contacting us. If you cancel, you will continue to have access to the premium content until the end of your current billing period.

9. User Content
If you submit User Content to our services, you retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with providing and promoting our services. This license continues even if you stop using our services, unless you delete your User Content.

You represent and warrant that:
– You own or have the necessary rights to the User Content you submit
– Your User Content does not violate the rights of any third party, including intellectual property rights and privacy rights
– Your User Content complies with these Terms and all applicable laws

We reserve the right to remove any User Content at our discretion.

10. User Comments and Interactions
If our services allow for user comments, feedback, or other interactions, you agree that such interactions will be respectful and constructive. You are solely responsible for your interactions with other users, and we are not responsible for the conduct of any user.

We reserve the right to monitor user interactions and to remove any content that violates these Terms or that we find objectionable for any reason, without prior notice.

11. Crowdfunding and Patronage
If we offer crowdfunding, patronage, or other financial support features through our services:

– You acknowledge that your contribution is voluntary and may not result in any specific reward or outcome
– We make no guarantees regarding how contributions will be used or what content will be created
– Contributions may be non-refundable unless specified otherwise or required by law
– You authorize us to charge your payment method for the amount specified
– You agree to provide accurate payment information

12. Intellectual Property
All Creator Content, including but not limited to text, graphics, logos, icons, images, audio clips, videos, digital downloads, data compilations, and software, is the property of Nicka Pretorius LLC or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on our services is the exclusive property of Nicka Pretorius LLC and is protected by international copyright laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Nicka Pretorius LLC.

13. Prohibited Conduct
You agree not to:
– Violate any applicable law or regulation
– Infringe the rights of others, including intellectual property rights and privacy rights
– Harass, abuse, or harm another person
– Interfere with the proper functioning of our services
– Attempt to breach any security or authentication measures
– Use our services for any illegal or unauthorized purpose
– Access or attempt to access other users’ accounts without authorization
– Post or transmit malicious code or other harmful computer code
– Scrape, crawl, or otherwise extract data from our services without permission
– Impersonate others or misrepresent your affiliation with any person or entity
– Engage in unauthorized framing, linking, or embedding of our services
– Create multiple accounts to evade restrictions or abuse features
– Use our services for excessive automated or bulk activities
– Download, copy, or share Creator Content unless explicitly permitted

14. DMCA Copyright Policy
We respect the intellectual property rights of others and expect our users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our services infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent designated below:

Nicka Pretorius LLC
[email protected]

15. Privacy Policy
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. By using our services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

16. Third-Party Links and Services
Our services may contain links to third-party websites or services that are not owned or controlled by Nicka Pretorius LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Nicka Pretorius LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

17. Sponsored Content and Affiliates
Some of our content may be sponsored by third parties or may contain affiliate links. We will disclose such relationships in accordance with applicable laws and regulations. We are not responsible for the products or services offered by third parties linked or promoted through our services.

By using our services, you acknowledge that:
– We may receive compensation for promoting certain products or services
– Our recommendations are based on our honest opinion, but may be influenced by compensation
– We make no guarantees regarding third-party products or services

18. Disclaimer of Warranties
OUR SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Nicka Pretorius LLC DOES NOT WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Nicka Pretorius LLC DISCLAIMS ALL LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED THROUGH OUR SERVICES.

19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

20. Indemnification
You agree to indemnify, defend, and hold harmless Nicka Pretorius LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your violation of these Terms, your User Content, or your use of our services. Nicka Pretorius LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Nicka Pretorius LLC in asserting any available defenses.

21. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

22. Dispute Resolution
Any disputes arising from these Terms will be resolved through binding arbitration in accordance with the American Arbitration Association rules. The arbitration shall take place in Leesburg, Viginia. You agree to waive any right to a jury trial.

23. Entire Agreement
These Terms, including our Privacy Policy, constitute the entire agreement between you and Nicka Pretorius LLC regarding your use of our services and supersede any prior agreements between you and Nicka Pretorius LLC relating to your use of our services.

24. Waiver and Severability
The failure of Nicka Pretorius LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

25. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Nicka Pretorius LLC, but may be assigned by Nicka Pretorius LLC without restriction.

26. Termination
We reserve the right to suspend or terminate your access to our services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of our services, us, or third parties, or for any other reason. Upon termination, your right to use our services will immediately cease.

27. Contact Information
If you have any questions about these Terms, please contact us at [your contact information].

Last Updated: 2026-08-13

Regulatory Compliance

California Consumer Privacy Act (CCPA) Compliance
The following provisions apply to users protected by California, United States regulations:

Information Collection Notice for California Residents
Under the California Consumer Privacy Act (CCPA), we are required to inform California residents about the categories of personal information we collect and the purposes for which we use this information.

In the past 12 months, we have collected the following categories of personal information:
– Identifiers (such as name, email address, IP address)
– Commercial information (such as products purchased or considered)
– Internet or other electronic network activity (such as browsing history)
– Geolocation data
– Inferences drawn from other personal information

We use this information for the business and commercial purposes described in our Privacy Policy.

California Privacy Rights
If you are a California resident, you have the following rights under the CCPA:

– Right to know: You can request information about the personal information we have collected about you and how we have used and disclosed it.
– Right to delete: You can request the deletion of your personal information, subject to certain exceptions.
– Right to opt-out: You can opt out of the sale of your personal information, if applicable.
– Right to non-discrimination: We will not discriminate against you for exercising any of your CCPA rights.

To exercise your rights, you can submit a verifiable consumer request by contacting us at [email protected] or through the methods described in our Privacy Policy. You may make a request up to twice within a 12-month period. We will respond to your request within 45 days, with a possible extension of up to 45 additional days when reasonably necessary.

California Do Not Sell My Personal Information
Under the CCPA, California residents have the right to opt-out of the sale of their personal information. We DO NOT sell personal information as defined by the CCPA.

Children’s Online Privacy Protection Act (COPPA) Compliance
The following provisions apply to users protected by United States regulations:

Children’s Privacy
We comply with the requirements of the Children’s Online Privacy Protection Act (COPPA) and other applicable laws. Our Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13 years of age.

If our Services are intended for use by children under 13, or if we have actual knowledge that we collect personal information from children under 13, we will obtain verifiable parental consent before collecting such information. We implement appropriate measures to ensure that we collect, use, and disclose such information in accordance with COPPA and other applicable laws.

Parental Consent
If we knowingly collect personal information from children under 13, we will obtain verifiable parental consent before collecting, using, or disclosing such information. We may obtain parental consent through any of the methods approved by the Federal Trade Commission, which may include:

– A signed consent form returned to us by mail, fax, or electronic scan
– Requiring a parent to use a credit card, debit card, or other online payment system in connection with a transaction
– Having a parent call a toll-free telephone number or connect to trained personnel via video conference
– Verifying a parent’s identity by checking a government-issued ID against databases of such information

If you are a parent or guardian and believe your child has provided us with personal information without your consent, please contact us at [email protected]. If we confirm that we have collected such information without verifiable parental consent, we will promptly delete the information from our records.

Parents’ Rights
If you are a parent or guardian of a child under 13 whose information has been submitted to us with your consent, you have the right to:

– Review the personal information we have collected from your child
– Refuse to allow further collection or use of your child’s information
– Direct us to delete your child’s personal information

To exercise these rights, please contact us at [email protected]. We will respond to your request within a reasonable time and may require additional information to verify your identity as the child’s parent or guardian.

Additional Terms

Age Verification
Due to the age-restricted nature of certain content/products available through our Services, we implement additional age verification measures beyond standard age acknowledgment.

By using our Services, you acknowledge and agree that:

1. You may be required to provide proof of age or identity before accessing certain content or purchasing certain products.
2. We may use third-party verification services to confirm your age and identity.
3. We reserve the right to refuse service if we cannot adequately verify your age or if we have reason to believe you do not meet the minimum age requirements.
4. Providing false information during the age verification process is a violation of these Terms and may result in immediate termination of your account.
5. You will not assist minors in accessing age-restricted content or purchasing age-restricted products.

The age verification methods we employ may include, but are not limited to:
– Credit card verification
– Government ID verification
– Knowledge-based authentication
– Biometric verification

We take reasonable measures to protect any personal information collected during the age verification process in accordance with our Privacy Policy.

Virtual Events and Webinars

Registration and Access
Access to our virtual events, webinars, and online conferences (collectively, “Virtual Events”) requires registration and, in some cases, payment of applicable fees. Upon successful registration, we will provide you with access credentials or instructions. These credentials are personal to you and may not be shared, transferred, or distributed to any third party.

Recordings and Content Use
Virtual Events may be recorded, and by participating, you grant us permission to record, store, and distribute your likeness, voice, and any content you share during the event. You retain ownership of any original content you provide, but grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display such content in connection with our services.

Recordings of Virtual Events are protected by copyright and may be made available to registrants for a limited time after the live event. You may not record, reproduce, share, distribute, modify, or create derivative works from our Virtual Events without our express written permission.

Participant Conduct
When participating in Virtual Events, you agree to:
– Conduct yourself in a professional and respectful manner
– Not engage in disruptive behavior that interferes with others’ experience
– Not share inappropriate, offensive, or illegal content
– Not engage in marketing, solicitation, or commercial activities unless explicitly permitted
– Comply with any additional guidelines provided for specific events

We reserve the right to remove participants who violate these conduct guidelines without refund or to deny access to future events.

Technical Requirements and Limitations
Access to Virtual Events requires compatible hardware, software, and internet connection. We are not responsible for technical issues on your end that prevent or impair your participation. While we make reasonable efforts to ensure platform stability, we do not guarantee uninterrupted access to Virtual Events and are not liable for technical failures outside our control.

Cancellation and Rescheduling
We reserve the right to reschedule, modify, or cancel Virtual Events. In case of cancellation, paid registrants will receive a refund or credit for a future event, at our discretion. 

Disclaimers
Virtual Event content is provided for informational purposes only and does not constitute professional advice. We do not guarantee any particular outcome or result from applying information obtained during Virtual Events. Opinions expressed by presenters or participants other than our official representatives do not necessarily reflect our views and policies.

User-Generated Content Moderation

Content Standards
When submitting User Content to our Services, you must comply with the following standards. User Content must not:
– Contain material that is defamatory, obscene, offensive, hateful, or inflammatory
– Promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
– Infringe any copyright, database right, trademark, or other intellectual property right of any person
– Be likely to deceive or mislead any person
– Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
– Promote any illegal activity or advocate, promote, or assist any unlawful act
– Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety
– Be likely to harass, upset, embarrass, alarm, or annoy any other person
– Impersonate any person or misrepresent your identity or affiliation with any person
– Give the impression that the Content emanates from us, if this is not the case
– Contain any advertising or promote any services or web links to other sites without our prior written approval

Moderation Process
We may employ various moderation methods, including but not limited to:
– Pre-moderation (reviewing content before it is published)
– Post-moderation (reviewing content after it is published)
– User flagging and reporting systems
– Automated filtering and detection tools
– Human review by moderators or community managers

Our moderation team has sole discretion to determine whether User Content violates these Terms. Moderators may take any of the following actions in response to violations:
– Remove or refuse to post any User Content
– Limit or block a user’s ability to submit User Content
– Issue warnings to users
– Temporarily suspend or permanently terminate a user’s account
– Report illegal content to relevant authorities

Appeals Process
If you believe your content was removed in error, you may appeal the moderation decision by contacting us at [email protected]. Please include the following information in your appeal:
– The specific content that was removed
– The reason you believe the content does not violate our Terms
– Any additional context that may be relevant to our review

We will review your appeal and respond within 365 business days. All moderation decisions following an appeal are final.

Repeat Offenders
Users who repeatedly violate our content standards may have their accounts terminated and may be permanently prohibited from using our Services. We maintain internal records of warnings and violations to identify repeat offenders.

Legal Compliance
We reserve the right to disclose your identity to any third party who claims that material posted by you violates their rights (including, but not limited to, intellectual property rights or privacy rights). We will also cooperate with law enforcement authorities as required by law, which may include sharing User Content and user information in response to a valid legal request.

No Monitoring Obligation
Although we have the right to monitor, remove, or edit User Content, we are not obligated to do so and assume no responsibility for monitoring all User Content. Users are encouraged to report content that violates these Terms through our reporting mechanisms.

Subscription Management

Subscription Plans and Billing Cycles
We offer various subscription plans with different features, limitations, and pricing. The specific details of available plans are described on our pricing page. Subscriptions may be offered on a monthly, quarterly, annual, or other recurring basis as specified during signup.

By subscribing to our Services, you authorize us to charge the applicable subscription fees to your designated payment method at the beginning of each billing period. For monthly subscriptions, you will be billed on the same date each month. For annual subscriptions, you will be billed on the same date each year. If a billing date falls on a date that does not exist in a particular month (e.g., the 31st), you will be billed on the last day of that month.

Automatic Renewal
All subscriptions automatically renew unless canceled by you prior to the renewal date. By subscribing, you authorize us to automatically charge your payment method for the subscription term at the then-current rate. If the renewal fails due to payment issues, we may attempt to process the payment multiple times within a 30-day period.

Price Changes
We may change the price of our subscription plans from time to time. If we change the pricing for your subscription plan, we will provide notice of the change through our Services or via email at least 30 days before the change is to take effect. Your continued use of the Services after the price change goes into effect constitutes your agreement to pay the updated price. If you do not agree to a price change, you must cancel your subscription before the change goes into effect.

Payment Methods
We accept various payment methods, which may include credit cards, debit cards, PayPal, and other payment services as indicated during the checkout process. You agree to provide current, complete, and accurate billing information and to promptly update such information if it changes. For subscription services, you authorize us to store your payment method information for future charges.

Cancellation
You may cancel your subscription at any time through your account settings or by contacting our customer support at [email protected]. Upon cancellation, your subscription will remain active until the end of your current billing period, and you will not receive a refund for any fees already paid.

Free Trials and Promotional Periods
We may offer free trials or promotional periods for our subscription services. Unless otherwise stated, free trials automatically convert to paid subscriptions at the end of the trial period. To avoid charges, you must cancel before the end of the free trial period. You may be required to provide a valid payment method to start a free trial, and we may authorize a nominal charge to verify your payment method.

You are eligible for one free trial per subscription plan unless we explicitly permit otherwise. We reserve the right to determine eligibility for free trials and to limit or prohibit free trials at our discretion.

Refunds
All subscription fees are non-refundable except as expressly stated in these Terms or as required by applicable law. In exceptional circumstances, we may, at our sole discretion, offer a partial or full refund. Any refunds will be processed using the original payment method unless otherwise specified.

Account Delinquency
If payment cannot be charged to your payment method for any reason (such as expiration, insufficient funds, or otherwise), we will make reasonable attempts to notify you and retry the charge. If we are unable to charge your payment method after multiple attempts, we may suspend or terminate your access to the Services. You remain responsible for any uncollected amounts.

Tax and VAT
Subscription fees may not include applicable taxes such as sales tax, value-added tax (VAT), or goods and services tax (GST). Where required by law, we will collect and remit these taxes to the appropriate authorities. You are responsible for any taxes not collected by us that are applicable to your purchase.

Accessibility

Commitment to Accessibility
We are committed to making our Services accessible to all users, including those with disabilities. We strive to conform to WCAG 2.1 Level AA standards (Web Content Accessibility Guidelines) and applicable laws regarding accessibility.

Accessibility Features
Our Services may include the following accessibility features:
– Text alternatives for non-text content
– Captions and other alternatives for multimedia
– Content that can be presented in different ways without losing information
– Functionality that is available from a keyboard
– Sufficient time for users to read and use content
– Content that does not cause seizures or physical reactions
– Ways to help users navigate and find content
– Text that is readable and understandable
– Content that appears and operates in predictable ways
– Input assistance to help users avoid and correct mistakes
– Compatibility with current and future user tools

Third-Party Content
While we strive to ensure all content on our Services is accessible, we may not have control over all third-party content or applications that may be integrated into our Services. We cannot guarantee that such third-party content will meet all accessibility requirements.

Feedback and Assistance
If you experience any difficulty accessing any part of our Services, or if you require assistance or have suggestions for improving accessibility, please contact us at [email protected]. We welcome your feedback and are committed to continually improving the accessibility of our Services.

Dispute Resolution and Arbitration

Informal Dispute Resolution
Before filing a claim against us, you agree to attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute by contacting you via email. If the dispute is not resolved within 30 days after submission, you or we may initiate formal proceedings.

Agreement to Arbitrate
You and we agree to resolve any disputes between us through binding and final arbitration instead of through court proceedings. You acknowledge and agree that you are waiving the right to sue in court, have a jury trial, or participate in a class action.

This arbitration agreement is governed by the Federal Arbitration Act and shall survive the termination of these Terms. 

Exceptions to Arbitration
Notwithstanding the foregoing, the following shall not be subject to arbitration: (1) small claims court cases that qualify; (2) disputes related to intellectual property (like patents, trademarks, and copyright); (3) disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (4) any claim for injunctive relief.

Arbitration Procedures
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: 892 Smartts Ln NE, Leesburg, VA, 20176. The arbitration will be conducted in Leesburg, Virginia unless you and we agree to conduct it elsewhere. If the value of your claim does not exceed $10,000, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules.

Arbitration Fees
Payment of all filing, administration, and arbitrator fees will be governed by the arbitration provider’s rules. If the arbitrator finds that your claim is non-frivolous, we will pay all filing, administration, and arbitrator fees associated with the arbitration, regardless of who initiated the proceeding.

Class Action Waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Opt-Out Procedure
You have the right to opt out of this arbitration agreement within 30 days of the date you first agreed to these Terms by sending a signed letter stating your decision to 892 Smartts Ln NE, Leesburg, VA, 20176. If you opt out of this arbitration agreement, all other parts of these Terms will continue to apply to you.

Severability
If any part of this arbitration agreement is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this arbitration agreement shall be unenforceable in its entirety.

Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this arbitration agreement (except a change to the notice address), you may reject any such change by sending us written notice within 30 days of the change.

Intellectual Property Rights

Our Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Nicka Pretorius LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States of America and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Nicka Pretorius LLC.

Your License to Use Our Content
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

Third-Party Intellectual Property
The Service may display content that belongs to third parties. You may not use this third-party content without the permission of these third parties, and your use of third-party content may be subject to additional terms and conditions. We are not responsible for examining or evaluating the content or accuracy of any third-party content, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

Copyright Complaints
If you believe that any material available on or through the Service infringes upon your copyright, please notify us in accordance with our Copyright Policy, which is incorporated by reference into these Terms. We will respond to notices of alleged copyright infringement that comply with applicable law. We reserve the right to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that allegedly infringes any copyright.

DMCA Compliance
If you are a copyright owner or an agent thereof and believe that any content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
– Identification of the copyrighted work claimed to have been infringed
– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
– Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an e-mail address
– A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
– A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Our designated Copyright Agent to receive notifications of claimed infringement is:
Nicka Pretorius LLC
892 Smartts Ln NE, Leesburg, VA, 20176
[email protected]