Nikola Powersports™ Privacy Policy

Registration information and other personal identifiable information about you that may be collected during your use of the Site is subject to the Nikola Powersports™ Privacy Policy, which is set forth below.

This Privacy Policy (this "Policy") informs you about the ways in which Nikola Powersports™ ("Nikola Powersports™" "Nikola™" or "we") knowingly collects and uses information collected via this website, www.nikolapowersports.com (the "Site").

This Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which the Site links. The inclusion of a link on the Site does not imply endorsement of the linked site or service by us or by our affiliates, nor does it imply an affiliation with the third party.

Please note that we are not responsible for the collection, use, or disclosure policies and practices (including the data security practices) of other organizations, such as any other app developer, app provider, social media platform provider, operating system provider, or wireless service provider, including any personal information you disclose to other organizations through or in connection with our software applications or social media pages.

Definitions

"Personal Information" means information about you that is personally identifiable, such as your name, address, email address, or phone number, and that is not otherwise publicly available.

"Non-Personal Information" means information that does not personally identify you and cannot be used to contact you or identify you (for example, your IP Address, your browser type).

"Information" means both Personal Information and Non-Personal Information.

Information Collected

When we collect Personal Information via the Site, it is only done with your knowledge (such as filling out a submission form). This Personal Information may include your name, email address, telephone number, address, and credit card information.

We also collect and store Non-Personal Information, such as visitor traffic, page hits, site referral information, browser information, downloads, and general Site use information through typical Internet data collection tools, such as web beacons, cookies, and embedded Web links. These tools collect information that your browser sends to our Site, such as your browser type and language, access times, and the address of the website from which you arrived at this Site, and can track clickstream behavior (i.e. the pages you view, the links you click, and other actions you take in using the Site). These tools we use do not obtain Personal Information about you and cannot obtain information from your hard drive or pass on a computer virus. We use this Non-Personal Information to better understand the use of the Site, to improve and revise the Site and to track interest.

Most modern browsers allow users to decide whether to accept cookies, but rejection of cookies may cause some parts of the Site to not function properly or be inaccessible.

Nikola Powersports™ also collects Personal and Non-Personal Information from commercially available sources that may be used along with the information Nikola Powersports™ collects when you visit the Site. For example, Nikola Powersports™ may compare the geographic information acquired from commercial sources with the IP address collected by the data collection tools to derive your general geographic area.

Use of Information

Nikola Powersports™ may use Personal Information, for example, your email address, to provide you with marketing or other communications. Nikola Powersports™ may also share your Personal Information with its trusted business partners so they may also offer services that complement those provided by us. We may also share Personal Information and Non-Personal Information with third parties that assist us with this Site. For example, we may engage third parties to make improvements on our Site, to offer new products, to provide e-mail and other marketing support, and to allow us to customize your experience on the Site. We also engage another company to validate and process credit card payments. To unsubscribe from our mailing list(s), please follow the directions in the email from Constant Contact.

Linked Internet Web Sites

The Site may include hyperlinks or data that can take you to a third party website, document, file, or other materials. These third party sites will contain their own, different privacy provisions. We encourage you to review the privacy policy of any company before submitting Personal Information to those sites. We are not responsible for the collection, use, or disclosure of information collected through these other web sites, and we expressly disclaim any and all liability related to such collection, use, or disclosure.

Security

We seek to use reasonable organizational, technical, and administrative measures to protect Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the "How to Contact Us" section below.

If you sell or transfer your Nikola Powersports™ vehicle to another person, please notify us so that we can determine whether additional steps are required to help safeguard your Personal Information from disclosure to the purchaser or transferee of the Nikola Powersports™ vehicle.

Credit Card Security

Providing you with a secure ordering experience is a high priority. When you submit an order to the Site, we encrypt your order information by using Secure Sockets Layer (SSL) software when it is transmitted for credit card processing. Encryption is a process by which software scrambles information in transit. The Site is also registered with site identification authorities to enable your browser to confirm party companies, they have access to Personal Information and Non-Personal Information as needed to perform their functions, but they may not use it for other purposes. We do not otherwise disclose any Information to third parties, except if we believe release is necessary to comply with any law, regulation, subpoena, or court order; and to help prevent fraud or to enforce or protect the rights and properties of Nikola Powersports™ or its affiliates.

International Customers should note that the database of Personal Information is retained by Nikola Powersports™ in the United States. In addition, Personal Information may be shared with a third party to support services for us as described in the paragraph above, and such third party may store Personal Information on servers located in or outside the United States.

The identity of the Nikola Powersports™ Site is automatically confirmed behind the scenes prior to the transmission of any Personal Information requested to complete an online order so that your data reaches your intended target.

When confirming an order to you, we will reveal only the last four digits of your credit card numbers. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

Children

Our Site is not directed towards children 16 years of age or under and we do not knowingly collect any information from children 16 years of age or under through the Site.

Sale of Assets

In the event that there is merger, consolidation, reorganization, or another company acquires the stock or assets of Nikola Powersports™, we reserve the right to include Information among the assets to the changed corporate structure.

Retention Period

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Changes to this Privacy Policy

Nikola Powersports™ may revise this Policy at any time by updating this posting. You should visit this page from time to time to review the current Policy that applies.

How to Contact Us

To contact us with a question or comment, to opt out from certain services, or to request access to, correction, or deletion of your personal information, please contact us via e‐mail at support@nikolapowersports.com.

Please note that e-mail communications are not always secure, so please do not include credit card information or sensitive information in your e-mails to us.

Terms of Use for the Website nikolapowersports.com

Acceptance of Terms

This website, at www.nikolapowersports.com (the "Site"), is provided by Nikola Powersports™ ("Nikola™" or "We") subject to your acceptance of the following Terms of Use ("TOU") as updated by Nikola Powersports™ from time to time. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.

Use of Site

You may view and download the materials at this Site only for your personal, non-commercial use. You may not reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the materials on this Site, or otherwise use them for any public or commercial purpose.

You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be Nikola Powersports™ or spoof the identity of Nikola Powersports™ or misrepresent any affiliate with Nikola Powersports™; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; or (iv) disrupt the normal flow or otherwise act in a manner that negatively affects other users' ability to use the Site. Nikola Powersports™ reserves the right to report any wrongdoing to the applicable government agencies.

You agree you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or its content without the prior, written permission of Nikola Powersports™.

Cautions Regarding Forward-looking Statements

Internet pages, press releases, investor relations releases, outlooks, presentations, audio and video files of events (live or recorded) and other documents on the Site may contain, among other things, forward-looking statements that reflect management's current views with respect to future events. The words "anticipate," "assume," "believe," "estimate," "expect," "intend," "may," "plan," "project" and "should" and similar expressions identify forward-looking statements. Such statements are subject to risks and uncertainties, including, but not limited to: changes in currency exchange rates, interest rates and in raw material prices; introduction of competing products; increased sales incentives; and decline in resale prices of used vehicles.

No Endorsement of Content

Nikola Powersports™ makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on the Site. In addition, links on this Site to third-party websites are provided solely as a convenience. Nikola Powersports™ has not reviewed all of these third-party sites and is not responsible for any of these sites or their content. Nikola Powersports™ does not endorse, or make any representations about the information, software or other products or materials found on third party sites. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.

Trademarks, Copyright and Other Intellectual Property Provisions

The text, images, graphics, sound files, animation files, video files and their arrangement on the Site are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted. Unauthorized use of any of the materials on this Site may violate copyright, trademark and other laws. The copyright in all materials provided on this Site is held by Nikola Powersports™ or its suppliers.

"Nikola Powersports™ Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Nikola Powersports™ uses in connection with its products and services. You agree not to incorporate any Nikola Powersports™ Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations without the prior, written permission of Nikola Powersports™.

Unless explicitly stated herein, nothing in this TOU shall be construed as conferring to you any license to any Nikola Powersports™ or third party intellectual property rights, whether by estoppel, implication, or otherwise.

Postings

In addition, if the Site provides areas where users can post communications, Nikola Powersports™ may, but is not obligated to, monitor or review the content on the Site where users post information. Nikola Powersports™ shall have the right to remove any communications from others on the Site, in its sole discretion, including materials that Nikola Powersports™ deems to be abusive, defamatory, obscene or otherwise unacceptable. Nikola Powersports™ shall have no liability related to the content in any communications by others, whether arising under the laws of copyright, libel, privacy, obscenity or otherwise.

Disclaimer of Warranties

NIKOLA POWERSPORTS™ PROVIDES THIS WEB SITE, AND ALL CONTENT AND MATERIALS ON THIS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. WHILE THE INFORMATION PROVIDED IS BELIEVED TO BE ACCURATE, IT MAY INCLUDE ERRORS OR INACCURACIES. NIKOLA POWERSPORTS™ OBLIGATIONS WITH RESPECT TO ITS PRODUCTS AND SERVICES ARE GOVERNED SOLELY BY AN AGREEMENT UNDER WHICH THE PRODUCTS AND SERVICES ARE PROVIDED. NOTHING ON THIS SITE SHOULD BE CONSTRUED TO CREATE OR MODIFY ANY SUCH AGREEMENTS. NIKOLA POWERSPORTS™ MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES AND COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

Prices

All prices specified are recommended retail prices. Prices are current at the time of publication and subject to change without notice.

Limitations of Liability

IN NO EVENT WHATSOEVER SHALL NIKOLA POWERSPORTS™, ITS PARENT COMPANIES, AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW), REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. NIKOLA POWERSPORTS™ ASSUMES NO LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JUSRISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDIENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Submissions

Any material, information or idea you transmit to Nikola Powersports™ or post on this Site will be treated as non-confidential and non-proprietary. Nikola Powersports™ will have no obligations with respect to such submissions and Nikola Powersports™ will be free to copy, disclose, distribute, incorporate and otherwise use any such submission for any and all commercial or non-commercial purposes.

Choice of Law; Jurisdiction

Nikola Powersports™ administers this Site from its offices in Salt Lake City, Utah, USA. Nikola Powersports™ makes no representation that materials or services at this Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you are responsible for compliance with all applicable local laws. This TOU shall be governed by and construed in accordance with the laws of the state of Utah exclusive of its choice of law or conflicts of law rules. The exclusive venue for all litigation regarding or arising out of the Site shall be in Salt Lake County, Utah and you agree to submit to the jurisdiction of the courts of Salt Lake, County, Utah for such litigation.

Miscellaneous

In the event that one or more portions of this TOU shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this TOU. Any delay or failure to require performance of any provision hereof shall in no manner affect any right at a later time to enforce such provision. Nikola Powersports™ may revise this TOU at any time by updating this posting. You should visit this page from time to time to review the most current TOU because it will be binding on you.