“Nili Family Planer” – Website Terms of Use

Last Revised: January 26th, 2020

Shelby Technologies and Innovations Ltd. and its affiliates (the “Company”, “we”, “our”) welcomes you (the “User(s)”, or “you”) to our primary website at https://www.nili-method.com/home/ and at http://nili-family-planner.com/ (collectively, the “Site”). Our Site offers basic information regarding our company and our Services, as further defined and detailed below. Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.

  1. Acceptance of the Terms

By entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy: https://www.nili-method.com/privacy-policy/ (“Privacy Policy”) and our Cookies Policy (“Cookies Policy”) at: http://www.nili-method.com/cookies-policy/ (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT, ACCESS OR USE THE SITE AND/OR THE SERVICE IN ANY MANNER.

The Site is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder.

  1. The Site and the Services

The Company offers a service which provides Users who have registered to the service (“Registered User(s)”) with information related to natural methods to assist with and influence the prospective gender of the Registered User’s future unborn child, such as tips relating to pregnancy planning, nutrition and physical exercises (the “Service(s)”). The information and advice presented to each Registered User as part of the Services (as a guideline program) are customized and personalized in accordance with the information such Registered User provided to the Company, within the registration form and his/her responses to the Questionnaire (as defined below) (the “Customized Program”). In order to use the Service, you will be required to register to the Service, pay the applicable Fees (as defined below) and download and activate the Nili Family Planner mobile application (the “App”), all as further detailed below.

The Site may provide you with comprehensive information regarding, inter-alia, the Company’s Service; pages enabling Users to register to the Service by completing the registration form and Questionnaire and paying the applicable Fees; pages enabling Registered Users to file a Refund Request (as defined below); research relating to the Service, Customized Program, and so forth, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”).

Important Note: For the avoidance of doubt, the Site serves mainly as an informative marketing tool and a registration platform. The Service and Customized Program will be provided via the App only to Registered Users, upon completing the registration process via the Site. In order to use the App, you will be required to accept the terms and conditions and other policies of the App. These documents will be made available to you upon your download of the App.

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO THE COMPANY OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN,  AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE SITE AND/OR THE CONTENT AND/OR THE CUSTOMIZED PROGRAM.

YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN AND/OR THE CUSTOMIZED PROGRAM IS ENTIRELY AT YOUR OWN RISK.

THE SITE, SERVICE AND CUSTOMIZED PROGRAM SERVE AS A TOOL TO ASSIST IN IMPROVING A USER’S FERTILITY AND INFLUENCING THE PROSPECTIVE GENDER OF ITS FUTURE UNBORN CHILD AND ARE NOT INTENDED TO REPLACE CONSULTATION WITH A QUALIFIED HEALTHCARE PROFESSIONAL, OR SERVE AS A SUBSTITUTE TO ANY MEDICAL DIAGNOSIS OR TREATMENT.  

WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICE AND ANY INACCURACY IN THE CUSTOMIZED PROGRAM.

  1. Use Restrictions

There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at the Company’s sole discretion) in the termination of your use of the Site and/or Content and/or the Service and may also expose you to civil and/or criminal liability.

Unless otherwise explicitly permitted under these Terms or in writing by the Company, you may not (and you may not permit anyone to): (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of the Company or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our Site infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by the Company on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company’s proprietary rights, including the Company’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without the Company’s prior written consent; (l) create a browser or border environment around the Company Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Content; (n) frame or mirror any part of the Site without the Company’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site for any purpose for which the Site is not intended; and/or (r) infringe and/or violate any of the Terms.

  1. Minors

The Site is intended for Users over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under this age are not using the Site. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Site, we will prohibit and block such User from accessing the Site and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.

  1. Registration and User Account

In order to register to the Service, you must create an account (the “Account”). In order to create an Account you will be required to provide a username and password, and complete the registration form whilst providing the Company with certain information, which may consist of personally identifiable information (including, inter alia, name, telephone number and email address). You will also be required to complete a questionnaire (the “Questionnaire”), in order to enable us to customize the Service and provide you with an adequate Customized Program in accordance with your personal needs, and as such you will provide us with additional personal information. A comprehensive explanation regarding the information that we collect from our Users and Registered Users appears in our Privacy Policy.

You may use your Account solely for your own personal use and not on behalf of or for the benefit of any third party. Your Account will be password protected. In order to protect the security of your information available on your Account (including business related information), to the greatest extent possible, you must safeguard and not disclose your Account username and password and you must supervise the use of such Account.

You must provide accurate and complete information whilst creating an Account and you agree to: (i) not misrepresent your identity or your Account information; and (ii) keep your Account information up to date and accurate.

You must notify us immediately of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your Account or any other breach of security.

You may change your password within the Site, however, if you wish to either change your username, or cancel and remove your Account, please send us an e-mail of your request to: contact@nili-method.com. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account. Note that you will be able to edit or remove, at any time, any information contained in your personal Account, in such event please contact us via email.

CANCELLING OR TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

Note: Use of our Site is currently free of charge. Use of the Service is subject to the payment of an annual fee, as further detailed within the Site and shall be updated from time to time (the “Fees”). We reserve the right to charge additional fees for the Service in the future. In addition, you hereby acknowledge and agree that you may be charged for internet, maintenance of network connection and data usage charges made through use of the Site, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time. Please note that the Service will not be available to you if your mobile phone, device or tablet are not connected to the internet for whatever reason.

Payment of the Fees will enable you to use the App and access the Service for a one (1) year period. Following such period, you may either (i) renew your subscription for an additional one (1) year period subject to the payment of applicable Fees, or (ii) refrain from using the Service, the Site and the App.

  1. Filing a Refund Request via the Site

Registered Users may apply for a refund via the “Refund” page, provided that such Registered User has: (a) completed the form of the Questionnaire, and stated therein the desired gender of the Registered User’s future unborn child, (b) acted in accordance with the Customized Program provided via the App, and (c) conceived a child with the opposite to the desired gender specified within the Registered User’s response to the Questionnaire (the “Refund Request”).

Within the Refund Request, a Registered User will be required to provide us with certain information, which may include personal information, as further detailed in the Privacy Policy, including a copy of the Registered User’s newly born baby’s birth certificate and a declaration whereby the Registered User acted in accordance with the Customized Program.

If the birth certificate shows that the baby conceived by the Registered User is not of the desired gender, the Company may, at its sole discretion, provide such Registered User with a full refund which shall be issued to the Registered User by check. We will not be liable for failures, defects or delays in delivery of refunds caused by: (a) the Registered User’s provision of incorrect information; (b) the Registered User’s mailbox being full and unable to receive messages/deliveries; (c) the Registered User’s failure to comply with our reasonable instructions; and (d) an event which is beyond of our reasonable control.

  1. Privacy and Cookie Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at: https://www.nili-method.com/privacy-policy/ and our Cookies Policy at: http://www.nili-method.com/cookies-policy/ which is incorporated herein by reference. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy. If you intend to access or use the Site, you must first read and agree to the Privacy Policy and Cookie Policy.

  1. Intellectual Property Rights

The Site, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

The Terms do not convey to you an interest in or to the Company’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to the Company (“Feedback”), we shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of the Company’s current or future services, products or technologies and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require the Company to comply with any additional obligations with respect to any of the Company’s current or future products, technologies or services that incorporate any Feedback.

  1. Trademarks and Trade names

The Company’s marks and logos and all other proprietary identifiers used by the Company in connection with the Site (the “Company’s Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

  1. Linking to the Company’s Site and links to Third Party Sites

We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by the Company, and does not portray the Company in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to the Company’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.

Certain links provided herein permit our Users to leave this Site and enter non-Company sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of the Company and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, the Company is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. The Company reserves the right to terminate any link at any time. You further acknowledge and agree that the Company 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 use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

  1. Social Media Features.

The Site may include social sharing and posting features and other integrated tools (for example the Facebook “Like” and “Share” buttons, sharing and posting content via Twitter, YouTube, Facebook, Google+ and e-mail etc.) (“Social Features”).

The Social Features are operated or allow social integration with certain third party social networks or third party platforms (“Social Networks”). These are created and maintained by third parties who are not affiliated with and/or controlled by the Company. Your use of the Social Features is subject to the applicable third party Social Network terms of use and privacy policies. If you do not agree to the practices described in such terms you should disable our Site’s integration with such Social Networks, however you may find that you are not able to enjoy all the features available in our Site. The Company is not responsible and has no liability for your use of such Social Networks.

  1. Advertisements, Promotions, Sponsorships and Benefits

The Company may accept and display via the Site advertisements, promotions and sponsorships from third parties and may provide the you and/or the Registered Users with benefits provided via third parties. Please note that the Company makes no warranties or representations concerning such advertisements, promotions, sponsorship and benefits whether or not the Company has control over them. The Company may be entitled to certain shares of the earnings from such advertisements, promotions and sponsorship. You agree, acknowledge and consent that you will not be entitled to any compensation with respect to such monetary amounts. The Company assumes no responsibility for such third party advertisements, benefits and sponsorships and will not be liable for any damage or loss, cost or expense incurred to you or any other person as a result of or in connection with third party advertisements, benefits and sponsorships

  1. Availability

The Site’s availability and functionality depends on various factors, such as communication networks. The Company does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

  1. Changes to The Site

The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) or the Service without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site, and Customized Program provided within the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein, and/or the Service. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.

  1. Disclaimers and No Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND THE COMPANY, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “COMPANY’S REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS OR BE FREE FROM MISTAKES AND/OR WILL BE EFFECTIVE, ACCURATE OR RELIABLE). THE COMPANY AND THE COMPANY’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE. 

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

USE OF THE SITE AND/OR THE SERVICE DOES NOT CREATE A PHYSICIAN/PATIENT RELATIONSHIP. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE AND/OR WITHIN THE SERVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR IMMEDIATELY. PLEASE, NOTE THAT RELIANCE ON ANY CUSTOMIZED PROGRAM PROVIDED BY THE COMPANY IS SOLELY AT YOUR OWN RISK. THE COMPANY MAKES NO HEALTH WARRANTIES OR GUARANTEES OF ANY KIND AND YOU SHOULD CONSULT WITH YOUR DOCTOR OR HEALTHCARE PROVIDER IN RELATION TO ANY AND ALL QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING ANY HEALTH OR PHYSICAL CONDITION THAT YOU MAY HAVE BEFORE ABIDING TO ANY CUSTOMIZED PROGRAMS. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY, INCLUDING THE COMPANY’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITEAND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE COMPANY OR THE COMPANY’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY OR THE COMPANY’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY AND THE COMPANY’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR USE OF THE SITE OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND HEREBY WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE COMPANY’S REPRESENTATIVES.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

  1. Indemnification

You agree to defend, indemnify and hold harmless the Company, including the Company’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

  1. Amendments to the Terms

The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

  1. Termination of these Terms and the Termination of the Site’s operation

At any time, the Company may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law.

Additionally, the Company may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

  1. General

 (a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by the Company, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language. For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms or our Services, you are most welcome to send us an e-mail to contact@nili-method.com.