Lishtot Detection Ltd. (“Listhtot”) designs products and tools that enable deeper knowledge about the water we drink and use. These Terms of Service (“Terms”) govern your use of our water testing products, our websites, including www.lishtot.com, the software embedded in Lishtot devices, the Lishtot mobile applications, memberships and other Lishtot services (collectively, the “Lishtot Service”).
You must accept these Terms to create a Lishtot account and to use the Lishtot Service. If you do not have an account, you accept these Terms by visiting www.lishtot.com or using any part of the Lishtot Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.LISHTOT.COM OR USE THE LISHTOT SERVICE.
These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.lishtot.com. We will notify you by email, through the Lishtot Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Lishtot Service after a modification is posted, you are telling us that you accept the modified terms.
Any information that Lishtot collects through your use of the Lishtot Service is subject to the Lishtot Privacy Policy, which is part of these Terms.
You may use the Lishtot Service if you are over 13 years of age and are not barred from receiving services under applicable law. You may connect to the Lishtot Service using a device that is manufactured, distributed, or sold by or on behalf of Lishtot; the Lishtot mobile applications; approved third-party applications; or www.lishtot.com (“Authorized Connections”). You may not connect to the Lishtot Service with any device that is not manufactured, distributed, or sold by or on behalf of Lishtot (such as a knock-off or counterfeit version of a Lishtot Product); otherwise intends to resemble or purports to be a Lishtot Product; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Lishtot Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact info@lishtot.com.
Full use of the Lishtot Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. Lishtot is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the Lishtot Service. These communications are part of the Lishtot Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
Full use of the Lishtot Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Lishtot Service and it is your responsibility to ensure the equipment’s functionality.
You may post photos, videos, comments, and other content (“Your Content”) to the Lishtot Service. You retain all rights to Your Content that you post to the Lishtot Service. By making Your Content available on or through the Lishtot Service you grant to Lishtot a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the Lishtot Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Lishtot Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You also agree that Your Content will comply with the following community guidelines:
“Lishtot Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Lishtot Service to you. Except for Your Content, Lishtot Content, the Lishtot Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Lishtot Service.
The Lishtot Service is intended for your personal, non-commercial use.
Lishtot grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Lishtot Content, (2) access and use the software and mobile applications provided by the Lishtot Service, and (3) use the software that is embedded into Lishtot products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Lishtot Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Lishtot Content, Lishtot Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Lishtot or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Lishtot Service: (1) use, display, mirror or frame the Lishtot Service or any individual element within the Lishtot Service, Lishtot’s name, any Lishtot trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Lishtot’s express written consent; (2) access or tamper with non-public areas of the Lishtot Service, Lishtot’s computer systems, or the technical delivery systems of Lishtot’s providers; (3) test the vulnerability of any Lishtot system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Lishtot or any of Lishtot’s providers or any other third party (including another user) to protect the Lishtot Service or Lishtot Content; (5) access the Lishtot Service or Lishtot Content through the use of any mechanism other than through the use of an Authorized Connection, Lishtot Service or Lishtot API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Lishtot provides to you or any other part of the Lishtot Service.
We are not obligated to monitor access or use of the Lishtot Service, Lishtot Content, or Your Content or to review or edit any Lishtot Content or Your Content, but we have the right to do so for the purpose of operating the Lishtot Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Lishtot Service, any Lishtot Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Lishtot Content, Your Content, or your use of the Lishtot Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Lishtot Service.
Our goal is to provide helpful and accurate information on the Lishtot Service, but we make no endorsement, representation or warranty of any kind about any Lishtot Content, information, services or recommendations. The accuracy of the data collected and presented through the Lishtot Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Lishtot Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If you rely on any Lishtot Content or the Lishtot Service, you do so solely at your own risk.
Lishtot is not telling you whether you should drink or not to drink water that has been tested with Lishtot products. There are too many possible sources of error, mainly comprised of human error on your part which is inherent in you testing using a specific technique that is or is not according to our guidelines. It is impossible to ascertain whether the test was conducted properly on your part or not. Furthermore, we are not telling you if your water is contaminated or not, just as we are not telling you if your water is clean or not. We are communicating with you that we are detecting a characteristic profile in the water you have attempted to test that may or may not correlate toprevious data we have generated or received thatwould indicate various water types. If your device indicates a contaminated or red light, it is indicating that the profile of the water is not similar to water that has been previously tested by us to indicate clean drinkable water. As an example, if your water has high levels of magnesium and according to EPA guidelines it is safe to drink, Lishtot products may show contaminated or red indicators anyway, purely because it does not fit the profile of water we expected to find based on the details that were given to us.
Similarly, if aLishtot product indicates your water may be contaminated, it does not mean that there is enough evidence to go to your water utility, municipality, or water authority based on our test and divulge to them that there is a problem in the water. This is because, for example, we could detect 15 PPB of lead which is the EPA standard limit, butbecause of rapid water changes, it could be that the last time the municipality tested the water source or point of consumption indicated 13 PPB of lead. Water is diverse, and rapidly changing. Also, factors specific to your tap or at the specific time you tested it could have caused your test to be indicate contaminated or not contaminated. Before complaining to your utility, municipality, or authority we recommend you send it to an external authorized laboratory for official results.
Use of the Lishtot Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your Lishtot product or service.
Lishtot respects copyright law and expects its users to do the same. It is Lishtot’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.
Lishtot’s Terms of Sale and Return Policy and Warranty apply to purchases made through the Lishtot store at www.lishtot.com. All orders placed are subject to Lishtot’s acceptance. We may accept, decline, or place limits on your order for any reason.
If you are unsatisfied with your purchase from Lishtot.com for any reason, you have 45 days from the date of purchase to request a full refund. You may return any Product (as defined below) purchased on Lishtot.com in accordance with the terms below.
To qualify for a refund, all the following conditions must be met:
A return authorization must be requested from our customer service
team within 45 days of your purchase date. To request a return authorization, please�contact support@lishtot.com.
You must return the Product to Lishtot to receive a refund. Returned Product(s) must be in good physical condition (not physically broken or damaged). All accessories originally included with your purchase must be included with your return.
The return authorization number must be included along with your returned product.
LIMITED PRODUCT WARRANTY
Lishtot warrants to the original purchaser that your Lishtot-branded device and Lishtot-branded device accessories (collectively, the "Product") shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase, except that if you reside in the European Economic Area (EEA) and you purchased your Lishtot product in the EEA, the warranty period is two (2) years from the date of purchase (the "Warranty Period").
REMEDIES
If such a defect arises and a return authorization request is received
by Lishtot within the applicable Warranty Period, Lishtot will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Product Warranty is valid only in the jurisdictions where the Products are sold by Lishtot itself or through its authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law.
HOW TO OBTAIN WARRANTY SERVICE
To obtain warranty service, a return authorization must be requested from our customer service team. To request a return authorization, please contact support@lishtot.com. The return authorization number must be included along with your returned product. You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Lishtot. As may be required by applicable law, Lishtot may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and Lishtot will not be responsible for any such loss. For more specific instructions on how to obtain warranty service on your Product, visit the Lishtot website in the Help section.
EXCLUSIONS AND LIMITATIONS
Lishtot does not warrant that the operation of the Product will be uninterrupted or error-free. This Limited Product Warranty does not cover software embedded in any Product and related services provided by Lishtot. See the Lishtot Terms of Service on Lishtot.com for details of your rights with respect to use of the software and related services.
This Limited Product Warranty applies only to the original purchaser of the Product that was purchased from an authorized reseller or sales channel and manufactured by or for Lishtot that can be identified by an authorized �Lishtot� trademark, trade name, or logo affixed to it. Without limiting the foregoing, the Limited Product Warranty does not apply to any (a) Lishtot products and services other than the Products, (b) non-Lishtot products, even if included or sold with a Product, including, without limitation, any counterfeit products, (c) products that are, or Lishtot reasonably believes to be, stolen, (d) consumables (such as batteries), or (e) software, even if packaged or sold with the Product or embedded in the Product. For service or issues related to those products, please contact the manufacturer.
This warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Lishtot, nor does it apply to any cosmetic damage such as scratches and dents. In addition, this Limited Product Warranty does not apply to damage or defects caused by (a) use with non- Lishtot products; (b) accident, abuse, misuse, mishandling, flood, fire, earthquake or other external causes; (c) normal wear and tear or aging of the Product such as discoloration or stretching; or (d) operating the Product (i) outside the permitted or intended uses described by Lishtot, (ii) not in accordance with instructions provided by Lishtot, or (iii) with improper voltage or power supply.
No Lishtot reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
IMPLIED WARRANTIES
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
LIMITATION OF DAMAGES
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, LISHTOT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION OR UNDER ANY OTHER LEGAL THEORY, EVEN IF LISHTOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
GOVERNING LAW
This Limited Warranty shall be governed by the laws of the State of Israel, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
NATIONAL STATUTORY RIGHTS
CONSUMERS IN SOME JURISDICTIONS MAY HAVE LEGAL RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION GOVERNING THE SALE OF CONSUMER GOODS. THESE RIGHTS ARE NOT AFFECTED BY THE WARRANTIES IN THIS LIMITED WARRANTY.
Products purchased in November and December can be returned through January 31 of the following year or 45 days from the date of purchase, whichever is longer.
Shipping and handling charges, gift wrap fees, and taxes paid (such as state, customs, or VAT) are not refundable.
You are responsible for and must prepay all shipping charges and you assume the risk of loss or damage to the returned Product(s) while in transit back to Lishtot.
If you return Product to Lishtot (a) without a return authorization from Lishtot or (b) without all parts and accessories originally included with your purchase, Lishtot retains the right to either refuse acceptance of such return or charge you a restocking fee of 15% of the original price of the Product(s) or the retail value of the missing parts and accessories, whichever is higher.
Thank you for visiting and shopping at Lishtot.com. Following are the terms and conditions that constitute our Shipping Policy.
Domestic Shipping Policy
Shipment processing time
All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays.
If we are experiencing a high volume of orders, shipments may be delayed. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.
Shipping rates & delivery estimates
Estimated shipping charges for your order will be calculated and displayed at checkout.
Delivery delays can occasionally occur.
Shipment to P.O. boxes or APO/FPO addresses
Lishtot.com ships to addresses within the U.S., U.S. Territories, and APO/FPO/DPO addresses.
Shipment confirmation & Order tracking
You will receive a Shipment Confirmation email once your order has shipped and you can contact us at Lishtot.com or via the email address support@lishtot.com at any time for Order update.
Customs, Duties and Taxes
Lishtot.com is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
Damages
Lishtot.com is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim.
Please save all packaging materials and damaged goods before filing a claim.
International Shipping Policy
Lishtot.com ships internationally to all countries.
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Lishtot, or obtained from sources other than you.
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Lishtot and its partners. It is your responsibility to carefully review those terms and conditions.
As part of your use of the Lishtot Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
As part of your use of the Lishtot Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
The Lishtot Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Lishtot’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
The Lishtot Service may provide the opportunity for you to link your Lishtot account, Lishtot data, or the Lishtot Service with Third-Party Services. Although we offer this opportunity, you acknowledge that any Third-Party Services that you use in connection with the Lishtot Service are not part of the Lishtot Service. You acknowledge that these Terms and the Lishtot Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.
Lishtot may change or discontinue, temporarily or permanently, any feature or component of the Lishtot Service at any time without notice. Lishtot is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Lishtot Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Lishtot products without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the Lishtot Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Lishtot Service; Lishtot’s Rights; Our Enforcement Rights; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
THE LISHTOT SERVICE AND LISHTOT CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Lishtot Service or Lishtot Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Lishtot Service or any Lishtot Content. You acknowledge and agree that if you rely on any Lishtot Content or the Lishtot Service, you do so solely at your own risk.
You will indemnify and hold harmless Lishtot and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Lishtot Service, (ii) Your Content, or (iii)your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
NEITHER LISHTOT, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LISHTOT SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LISHTOT SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LISHTOT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL LISHTOT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LISHTOT SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO Lishtot FOR USE OF THE LISHTOT SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LISHTOT, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LISHTOT AND YOU.
You agree that any dispute between you and Lishtot arising out of or relating to these Terms of Service, the Lishtot Service, or any other Lishtot products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Lishtot, you agree to try to resolve the Dispute informally by contacting info@Lishtot.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Lishtot may bring a formal proceeding.
We Both Agree To Arbitrate: You and Lishtot agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting info@lishtot.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement. Arbitration Procedures: Arbitration will be held under according to Israeli law and the arbitration will be held in the Jerusalem, Israel.
Exceptions to Agreement to Arbitrate: Either you or Lishtot may assert claims, if they qualify, in small claims court in Jerusalem, Israel. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Lishtot products or Lishtot Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Lishtot on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Lishtot agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Jerusalem, Israel. Both you and Lishtot consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Lishtot products or Lishtot Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Lishtot and you regarding the Lishtot Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lishtot and you regarding the Lishtot Service and Lishtot Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Lishtot’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Lishtot may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Lishtot under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Lishtot Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Lishtot’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lishtot. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Lishtot Detection Ltd.
Ussishkin Street 49, Jerusalem, Israel 94542