Terms of service

Terms of Service

Last updated April 25, 2024

Welcome to NiliLotan.com (the “Site”). The Site is operated by 188 Online LLC (“Nili Lotan,” the “Company,” “we,” “us,” “our”). Each person who accesses and/or uses the Site (each a “User,” “you,” or “your”) should please read these Terms of Service (“Terms of Service”) carefully before using the Site. By accessing or using the Site, you signify that you have read, understand and agree to be bound by these Terms of Service, regardless of whether you are a registered user of the Site. If you do not agree to these Terms of Service, please do not use the Site.

TO THE EXTENT PERMITTED BY LAW, BY USING THE SERVICE, YOU ARE AGREEING TO ARBITRATE DISPUTES AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. PLEASE READ THE DISPUTE RESOLUTION SECTION BELOW FOR ADDITIONAL INFORMATION.

These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms or other documents that are inconsistent with these Terms of Service. We may modify or update these Terms of Service at any time by posting the amended terms on the Site and such terms shall be effective for all uses of the Site and Services (as defined below) immediately once they are posted. Your continued access to and/or use of the Site or the Services provided through the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. Nili Lotan, in its sole discretion, may also add, delete or change some or all of the features of the Site or Services at any time, without notice.

1. DESCRIPTION OF THE SERVICES

Subject to the terms and conditions specified herein, Nili Lotan offers Users information regarding our products and allows Users to purchase our products through the Site. The Site also allows Users to establish an account, sign up for our newsletter and promotions, book an appointment with a stylist, contact customer service or otherwise interact with Nili Lotan (the “Services”). Certain of our Services require Users to provide personal information, as detailed in our Privacy Policy.

2. USER ACCOUNTS AND PRIVACY

Your use of the Services may require you to provide certain personal information, such as contact and payment information (collectively, “Customer Data”). Your submission of personal information to us is governed by our Privacy Policy, which is hereby incorporated by reference into these Terms of Service. By using the Site and the Services, you also agree to our Privacy Policy.

By providing Customer Data, including as part of the account creation process, you agree: (i) to these Terms of Service and our Privacy Policy; (ii) to provide true, accurate, current and complete Customer Data; (iii) to maintain and promptly update the Customer Data to keep it true, accurate, current and complete; (iv) for security reasons, to maintain the confidentiality of Customer Data; (v) to ensure that you properly exit from your account at the end of each session and to immediately notify Nili Lotan of any unauthorized use of your account or any other breach of security; and (vi) to take full responsibility for all activities that occur under any customer account you create or that is otherwise created for your use.

Nili Lotan is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or to which you do not have rights, or if Nili Lotan has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nili Lotan may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

3. ELIGIBILITY

The Site is intended solely for Users who can form legally binding contracts under applicable law and are of legal age of majority in their place of residence, and any registration by, use of or access to the Site by anyone who does not meet these criteria is unauthorized, unlicensed and in violation of these Terms of Service. By using the Services, you represent and warrant that you can form a legally binding contract under applicable law and are of legal age of majority where you reside, and that you agree to abide by all of the terms and conditions of these Terms of Service.

4. LICENSE, SITE ACCESS AND USE

We grant you a limited license to make personal use of this Site. All content on this Site (including, without limitation, text, design, graphics, logos, icons, photographs, images, drawings, audio clips, downloads, interfaces, software code, data, information (collectively, the “Site Content”)), as well as the selection and arrangement thereof, is the exclusive property of and owned by Nili Lotan or our content providers and is protected by copyright, trademark and other applicable laws. Subject to the terms and conditions set forth in these Terms of Service, we grant you a non-exclusive, non-transferable, limited license to access, view, use and display the Site and the Site Content on your computer or other Internet-enabled device, and to electronically copy and print portions of the Site Content for the sole purpose of placing an order with us or using the Site as a shopping resource. You shall only access, view, use, display and print the Site and Site Content for your personal and non-commercial purposes, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on such material.

The grant to you of a limited license to use this Site does not include any right to: (a) resell or make commercial use of this Site or any of the Site Content; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the Site Content not intended to be so read, including use of or directly viewing the underlying HTML or other code from this site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the Site Content (including any Nili Lotan trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) collect and/or use any product listings or descriptions; (e) make derivative use of this Site and any of the Site Content; or (f) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Content or to collect any information from this Site or any other user of this Site.

5. SITE CONTENT

While we try to maintain the accuracy of the Site, we are not responsible if information made available on this Site is not accurate, complete or current. items may occasionally be mispriced, described inaccurately or unavailable (for example, due to delays with respect to updating the Service or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We cannot guarantee that your computer monitor's display of any color will be accurate. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site.

FOR THESE REASONS AND OTHERS, WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE INFORMATION ON THE SITE, INCLUDING PRICES, PRODUCT IMAGES, DESCRIPTIONS, SPECIFICATIONS, AND INDICATIONS OF AVAILABILITY. WE RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION, INCLUDING PRODUCT DESCRIPTIONS AND PRODUCT PRICING, AND TO CORRECT ERRORS, INACCURACIES OR OMISSIONS AT ANY TIME, WITHOUT PRIOR NOTICE, INCLUDING AFTER YOU HAVE SUBMITTED AN ORDER.

Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on the Site, including, without limitation, pricing information, except as required by law. No specified update to the Site should be taken to indicate that all of the information on the Site has been modified or updated.

6. ELECTRONIC COMMUNICATIONS

When you visit this Site, or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such agreements, notices, disclosures or communications be in writing.

7. YOUR ACCOUNT

If you create an account on this Site, you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you register on this Site, you agree that any information you provide to us will be current, accurate and complete. Nili Lotan will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Nili Lotan or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify Nili Lotan immediately of any unauthorized use of your account and/or password(s), or other breach of security.

8. ORDERS AND PRICE

Products available through the Site are subject to our Return Policy. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at any time, in our sole discretion. We reserve the right, but are not obligated, to (i) limit the sales of products or availability of the Service to any person, geographic region or jurisdiction; (ii) limit the quantities of products available for purchase per order; (iii) discontinue any product at any time; and (iv) refuse or cancel any order for any reason. We further reserve the right to: (a) limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors; and (b) 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. We may exercise these rights on a case-by-case basis. In the event that we refuse or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

The information on this Site does not constitute a binding offer to sell products described on this Site. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You are prohibited from purchasing any item from this Site in bulk intended for resale by you or any other person, nor will you resell any such item. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we reserve the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

9. ACCEPTABLE USE

You agree to use the Site and Services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable laws, rules and regulations.

You will not:

use the Site or the Services in any manner that could damage, disable, overburden, or impair the Site or the Services, or interfere with any other party's use and enjoyment of the Site or the Services;
attempt to gain unauthorized access to the Site, the Services, or the devices, computer systems or networks connected to the Site or the Services through hacking, password mining or any other means;
create user accounts by automated means or under false or fraudulent pretenses;
make any purchases using a fraudulent method of payment;
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
upload, post, email or transmit, or otherwise make available through the Site or the Services any inappropriate, defamatory, infringing, obscene, or unlawful content;
upload, post, email or transmit, or otherwise make available through the Site or the Services any content that infringes any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
upload, post, email or transmit, or otherwise make available through the Site or the Services any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
run Mail list, Listserv, or any form of auto-responder or “spam” on the Site or the Services;
use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
interfere or attempt to interfere with the proper working of the Site or the Services or any activities conducted on the Site or the Services, including to utilize framing techniques to enclose any Site Content or other proprietary information, place pop-up windows over any of the Site pages, or otherwise affect the display of any of the Site pages;
download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
remove any copyright, trademark or other proprietary rights notices contained in or on the Site or the Services;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or the Services or collect information about our Users for any unauthorized purpose;
submit content that falsely expresses or implies that such content is sponsored or endorsed by the Nili Lotan, any of its affiliates or any third parties;
use the Site or the Services for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions);
promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
use the Site or the Services for any commercial purpose whatsoever other than for your personal use.

10. COPYRIGHT

Images of people, places and/or products posted on this Site are either the property of Nili Lotan, or are used with express permission to Nili Lotan. Unless otherwise noted, all Site Content is the property of Nili Lotan or our content suppliers and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Nili Lotan and is protected by United States and international copyright laws. Any unauthorized use of any Site Content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the Site Content or materials on this Site can only be made with the prior written and express authorization of Nili Lotan. For further information on how you may obtain authorization to use any Site Content or materials on this Site, please contact Nili Lotan through the information provided on the “Contact Us” page of this Site.

11. TRADEMARKS

All trademarks, trade dress and service marks and their respective designs and/or logos on this Site are trademarks or registered trademarks of Nili Lotan or its affiliates. Nili Lotan and its affiliates' trademarks and/or trade dress may not be copied, imitated or used, in whole or in part, without the prior written permission of Nili Lotan. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Nili Lotan, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Nili Lotan. All other trademarks, registered trademarks, product names and company names or logos used on this Site are the property of their respective owners. You may not use any trademarks, trade dress, service marks or intellectual property of Nili Lotan or its affiliates, nor may you place any meta tags or any other "hidden text" utilizing Nili Lotan's or its affiliates' names, trademarks, or product names without our prior express written consent.

12. MATERIAL YOU SUBMIT

You are responsible for any material you may submit via this Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site. If you do submit material, and unless we indicate otherwise, you grant Nili Lotan and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media, and you grant Nili Lotan and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this Site will be handled in accordance with the Site's Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Nili Lotan for all claims resulting from content you supply.

13. LINKS TO OTHER SITES

This Site may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites and Nili Lotan is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

14. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND THAT THE USE OF THE SITE OR THE SERVICES MAY INVOLVE THE TRANSMISSION OF COMMUNICATIONS, INCLUDING YOUR DATA, OVER VARIOUS NETWORKS, AND THAT NO METHOD OF COMMUNICATING OVER THE INTERENT CAN BE GUARANTEED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THEREFORE, YOU AGREE THAT COMPANY WILL NOT BE LIABLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY DATA, INFORMATION OR CONTENT TRANSMITTED BY YOU TO OR THROUGH THE SITE.

COMPANY PROVIDES THE SITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATION OR WARRANTY, AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT (I) THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, COMPLETE OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, AND (IV) ANY ERRORS IN ANY SOFTWARE USED ON THE SITE OR IN CONNECTION WITH THE SERVICES WILL BE CORRECTED. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF COMPANY'S CONTROL INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK DISRUPTIONS. COMPANY IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE SITE OR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO, AND DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SUFFICIENCY OF THE SECURITY MEASURES USED FOR DATA HANDLING AND STORAGE, AND WE WILL NOT BE RESPONSIBLE FOR ANY ACTUAL, CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES THAT RESULT FROM A LAPSE IN COMPLIANCE WITH OUR PRIVACY POLICY BECAUSE OF A SECURITY BREACH OR TECHNICAL MALFUNCTION.

WHILE WE HAVE ENDEAVORED TO CREATE A SECURE AND RELIABLE SITE, THE COMPANY IS NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION TRANSMITTED VIA THE INTERNET, THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR FOR THE CONSEQUENCES OF ANY RELIANCE ON SUCH INFORMATION. YOU MUST MAKE YOUR OWN DETERMINATION AS TO THESE MATTERS. THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES AS A RESULT OF ANY DELAY OR OTHER FAILURE OF PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF A USER OR ANY OF ITS REPRESENTATIVES, ACTS OF MILITARY OR CIVIL AUTHORITIES, GOVERNMENTAL ORDER, FIRE OR OTHER CASUALTY, STRIKES, LOCKOUTS, WEATHER, EPIDEMIC, PANDEMIC, WAR, RIOT, TERRORISM, TELECOMMUNICATIONS INTERRUPTIONS OR COMPUTER VIRUSES. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ITS LICENSORS, TOGETHER WITH ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS (THE “COMPANY PARTIES”), BE LIABLE (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY’S AND THE COMPANY PARTIES’ COLLECTIVE AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO THE COMPANY FOR PRODUCTS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM OR (B) $100.

16. INDEMNITY

Except to the extent prohibited under applicable law, you agree to indemnify and hold Company and its past, present and future parent, affiliates and subsidiaries, together with each of its and their respective employees, agents, directors, officers, shareholders, service providers, agents, contractors, successors and assigns (collectively, the “Indemnitees”) harmless from and against any and all claims, demands, actions, liabilities, losses, damages, penalties, fines, settlements, costs and expenses (including reasonable attorneys' fees and costs, including any incurred in enforcement of this provision) arising out of or in connection with (i) your use or misuse of the Site or the Services or any goods and services available or purchased on or through the Site or the Services, (ii) your breach or alleged breach of any term of these Terms of Service, our Privacy Policy, or any other policy posted on the Site applicable to your use of the Site or the Services, (iii) the use of any Submission, and (iv) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or the Services. You agree to assist and cooperate with the Indemnitees in the defense or settlement of any indemnified claim.

17. TERMINATION

Notwithstanding any of these Terms of Service, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site and to block or prevent your future access to and use of this Site for any reason or no reason. If we do terminate, you will continue to be personally liable for any orders that you place or charges or other liabilities that you incurred prior to termination. Termination will not waive or affect any other right or relief to which we may be entitled, at law or in equity and, if we do terminate your license to use this Site, these Terms of Service will continue to apply.

Without limiting the foregoing, we may also terminate all or any portion of the Site or the Services at any time, in our sole discretion, without prior notice to you and without any further liability.

18. APPLICABLE LAW

By accessing, browsing or using this Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Service and any Dispute (as defined below) of any sort that might arise between you and Nili Lotan or its affiliates.

19. DISPUTE RESOLUTION

Disputes. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) arising out of or in any way related to these Terms of Service (a “Dispute”) between you and Nili Lotan or its successors or assigns shall exclusively be settled through binding and confidential arbitration, unless earlier resolved in accordance with Section 19(B), below.
Pre-Arbitration Dispute Resolution. In the event of any Dispute arising between you and Nili Lotan, one party must first send a written notice of the Dispute to the other party by email with a delivery receipt requested (“Notice”). Nili Lotan’s email address for Notice is privacy@nililotan.com. The Notice must describe the nature and basis of the Dispute, and set forth the specific relief sought (the “Demand”). The parties shall first meet and confer by such method as the parties may mutually agree, to attempt to resolve the Dispute. The parties shall work together in good faith to attempt to resolve the Dispute directly for thirty (30) days after the Notice is received, or such further period as the parties may mutually agree. In the event that the Dispute is not resolved by the end of such thirty (30) day (or longer) period, then either party may commence arbitration, as further described below.
Arbitration. If the parties are unable to resolve a Dispute through the good faith negotiation procedure set forth in Section 19(B), then you and Nili Lotan agree that such Dispute will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate Disputes includes all claims arising out of or in any way related to these Terms of Service, including your receipt of email messages from Nili Lotan or its service providers, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS OF SERVICE, YOU AND NILI LOTAN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Notwithstanding subsection (C) above, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (ii) file suit on an individual basis in small claims court for applicable claims.
Arbitration Process. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator in New York, New York, or by video conference (at the claimant’s election), and will be governed by National Arbitration and Mediation’s (“NAM”) Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”), as may be modified by these Terms of Service. The NAM Rules and filing forms are available online at www.namadr.com, by calling NAM at 1-800-358-2550, or by contacting Nili Lotan. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. In the event that any Dispute is held not to be arbitrable in accordance with this Section 19, each party consents to the exclusive jurisdiction of the state or federal courts, as applicable, located in New York, New York.
Fees. If you commence arbitration in accordance with this Section 19, you will pay the Initial Administrative Fee in accordance with NAM’s then-applicable fee schedule. If the claim is for $15,000 or less, you agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the NAM Rules. In that case, you agree to reimburse us for all monies we previously paid to NAM pursuant to the NAM Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except as may be required by law or to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or us, which is made within 14 days of the arbitrator's ruling on the merits. In addition, the arbitrator may award any individual relief or individual remedies that are permitted by applicable law.
No Class Actions. To the fullest extent permitted by applicable law, you and nili lotan agree that ANY CLAIMS BROUGHT BY YOU AGAINST NILI LOTAN MUST BE BROUGHT IN YOUR 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, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
Enforceability. In the event that the class action waiver in Section 19(G), above, is found to be unenforceable for any reason, the remainder of this Section 19 shall also be unenforceable.

20. ASSIGNMENT

Nili Lotan may assign these Terms of Service at any time to a subsidiary or parent company or to a successor to its business as part of a merger, consolidation or sale of all or substantially all of its business. You may not assign or transfer your rights or obligations under these Terms of Service.

21. ENTIRE AGREEMENT

These Terms of Service, our Privacy Policy and all other policies or operating rules posted on this Site constitute the entire agreement between you and Nili Lotan with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, with respect to this Site. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

22. SITE POLICIES, MODIFICATION AND SEVERABILITY

We reserve the right to make changes to this Site, our Privacy Policy, these Terms of Service and any other policies or operating rules posted on this Site at any time. Except for the class action waiver set forth in Section 19, if any other term, condition, policy or rule is found to be invalid, void, or for any reason unenforceable, it shall be deemed severable and shall not affect the validity and enforceability of any remaining term, condition, policy or rule. Any ambiguity in the interpretation of these Terms of Service shall not be construed against Nili Lotan as the drafting party. Nili Lotan’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The provisions of Sections 5, 7, 10 – 12, and 14 - 22 shall survive any termination of these Terms of Service.

23. CONTACT US

For any questions or comments, or to report violations of these Terms of Service, please contact Nili Lotan using the information found on the “Contact Us” page of the Site.