Terms of Use

IMPORTANT NOTICE FOR RESIDENTS IN THE UNITED STATES AND CANADA ONLY: THESE TERMS AND YOUR USE OF THE SERVICES IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW. CONTENTS
  1. GENERAL
  2. USE OF THE SERVICES
  3. PRIVACY POLICY
  4. THE B2B SITE
  5. Reviews, Comments and Submissions
  6. INTELLECTUAL PROPERTY AND OWNERSHIP
  7. THIRD PARTY LINKS AND RESOURCES
  8. EVENTS BEYOND OUR CONTROL
  9. LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS
  10. LIMITATION OF LIABILITY
  11. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES AND CANADA
  12. APPLICABLE LEGISLATION AND JURISDICTION
  13. CONTACT US
 
  1. GENERAL
  • Welcome to Crystalline. We are a family-owned and -operated specialty cosmetics company offering two prestigious product lines of therapeutic skin care, bath, body and hair care products: our signature Dead Sea Collection, which utilizes Dead Sea minerals, salts and mud, to create a therapeutic experience, and our newest innovation in wholesome self-care: Natural Therapy, a line of Hemp and other essential oil- and extract-enriched formulas. Please note that we do not provide professional medical advice, diagnosis, or treatment, and we are not a healthcare provider.
These Terms of Use (collectively, these “Terms”) constitute an agreement between you and Crystalline Health & Beauty Inc., its parent, Crystalline Health & Beauty From the Dead Sea Ltd. (together with their affiliates, collectively, “Crystalline,” “we”, “us” or “our”), governing your use of www.biz.deadseacollection.com (the “B2B Site”) www.deadseacollection.com, www.naturaltherapycosmetics.com, www.crystalline.co.il, www.Deadseacollection.com.ua, and our Social Media (as defined below) (together with the B2B Site, collectively, the “Sites”), any mobile applications that hyperlink to these Terms (the “Apps”), or any other websites, pages, features, or content owned and operated by us that hyperlink to these Terms (collectively, including the B2B Site, the Sites, and the Apps, the “Services”). Commercial purchasers, vis-à-vis the B2B Site (“Purchasers”), please note the additional terms relating to your use of the B2B Site, below in Section 4. By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Sites, downloading any Apps, registering an account, or contributing content or other materials to the Services, you expressly understand, acknowledge and agree to be bound by these Terms. You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms. In addition, you may read our Privacy Policy (our “Privacy Policy”) at any time for more information about how Crystalline collects, stores, and protects your information when you use the Services.  Our Privacy Policy is hereby incorporated by reference into these Terms as though fully set forth herein. Please note that to shop online with us, you must be at least 16 years old. 1.2  Updates to the Terms.  We reserve the right to modify these Terms (including our Privacy Policy), at any time, in our sole discretion. If we materially modify these Terms, such modification will be effective after we provide you notice of the amended Terms. Such notice will be in our sole discretion, and may be transmitted to you via email, posted notice on any of the Services, or another manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms. 1.3  Acceptance of Terms.  By using the Services, you understand and acknowledge that the rights and terms related to your access and use of the Services are contained in these Terms and our Privacy Policy.  If you do not feel comfortable with any part of these Terms, please discontinue use of the Services immediately.
  1. USE OF THE SERVICES
2.1 Representations.  When you use the Services, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality. You represent and warrant that you are at least 16 years old or visiting the Services under the supervision of a parent or guardian. Subject to the terms and conditions of these Terms, Crystalline hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser, for the Sites, or on your mobile devices, for the Apps, only for the purpose of personal browsing for informational purposes of products featured on the Services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Crystalline in advance and except for Purchasers via the B2B Site, subject to the conditions set forth in Section 4, below. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph, without notice to you. 2.2 Limitations on Use.  Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly, previously authorized, in writing, by Crystalline. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by Crystalline in advance; provided, however, that Purchasers may purchase our products vis-à-vis the B2B Site. Crystalline reserves the right to terminate access to the Services, refuse service, and with respect to the B2B Site, terminate accounts, and/or cancel orders in its discretion, if we believe that a user’s conduct violates applicable law or is harmful to our interests. You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful. Crystalline may, from time to time, assign you a password and account identification to enable you to access and use certain portions of the Services. While our products certainly contain ingredients intended to soothe, relax and revive their users, they are not replacements for medical treatment. When communicating with us by email or through forms on the Services, we ask that you please do not send us any sensitive information pertaining to yourself, including any information relating to diagnosis or medical treatment of any health problems.  Crystalline does not collect or store sensitive information or special categories of information.  Instead, always consult with a licensed medical healthcare professional regarding any medical concerns or treatment. Never disregard professional medical advice or delay seeking medical treatment because of something you have read on or accessed through the Services or read or heard about our products. Additionally, as a condition of accessing or using the Services, you agree not to:
  • Use the Services for any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation, including without limitation laws of the United States, Israel and/or the Ukraine;
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability;
  • Use the Services in any manner that could disable, overburden, damage, or impair the Sites or Apps or any other party’s use of the Services;
  • Use any robot, spider or other automated device, process, or means to access the Services for any purpose;
  • Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or
  • Otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and Termination. In the event that you are required by Crystalline to create an account in order to access some features available on the Services: You may not use another person’s account. Each time you use a password or identification, you will be deemed to be authorized to access and use the Sites or Apps in a manner consistent with the terms and conditions of these Terms, and Crystalline has no obligation to investigate the authorization or source of any such access or use of the Services. You will be solely responsible for all access to and use of the Services by anyone using the password and identification originally assigned to you, whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Crystalline of any unauthorized use of your password or identification or any other breach or threatened breach of the Sites or App’s security. From time to time, we may restrict access to some or all parts of the Services, including the ability to send messages, or with respect to the B2B Site, make payments. We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we believe you have breached these Terms. You may terminate your account at any time, for any reason, by following any such instructions within the Services, or by contacting us as described in the “Contact Us” section below.  For more information regarding accounts, please see our Privacy Policy.
  1. PRIVACY POLICY
We respect your right to privacy. To see how we collect and use your personal information, including your rights and how to unsubscribe from non-transactional communications from us, please see our Privacy Policy.
  1. THE B2B SITE
PLEASE NOTE THE FOLLOWING TERMS APPLY TO PURCHASERS AND THE B2B SITE 4.1 The B2B Site. At present, our products are not available to individual consumers online. The B2B Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to Purchasers. 4.2 Errors. While Crystalline strives to provide accurate product and pricing information, pricing or typographical errors may occur. Crystalline cannot confirm the price of an item until after an order is placed. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Crystalline shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, we may, at our discretion, either contact the contact person named on your order (the “Purchaser Contact”) for instructions, or cancel the order and notify the Purchaser Contact of such cancellation. 4.3 Price and Payment.  All prices are inclusive of VAT (where applicable) at the rate appropriate to the country of receipt and are correct at the time of entering the information on to the system. If for some reason we are unable to ship certain products, we will notify the Purchaser Contact and the value of the items that are not shipped will be refunded or will not be charged, as applicable. All prices shown on the B2B Site are exclusive of delivery charges. The total cost of the order is the price of the products ordered plus the delivery charge. Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an order confirmation. 4.4 Appearance.  We have made every effort to display, as accurately as possible, the packaging, look and feel of our products that appear on the Services. However, product packaging and coloring may be revised from time to time. In addition, the actual colors you see will also depend on your monitor, and we cannot guarantee that your monitor’s display of any color will be accurate. 4.5 Packing.  Unless otherwise provided, we will comply only with minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by you will be paid for by you. 4.6 Shipping & Delivery.  For orders with more than one item, we may split your order into several packages according to stock levels at our own discretion. Please see our Shipping Policy for further information regarding how we ship and delivery products via the B2B Site. 4.7 Title and risk of loss.  Delivery to carrier shall constitute delivery to buyer, and thereafter risk of loss or damage shall pass to buyer. Any claim of buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by buyer against Crystalline for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Crystalline in the condition claimed. Notwithstanding passage of the risk of loss to buyer, title and right of possession to the goods sold hereunder shall remain with Crystalline until all payments hereunder, including deferred payments evidenced by notes or otherwise, interest, carrying charges, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in Crystalline. 4.8 Returns and Refunds.  Please see our Refund Policy for further information regarding our policy on exchanges, refunds, returns and defective products.
  1. Reviews, Comments and Submissions
Except as otherwise provided elsewhere in these Terms or on the Services, anything that you submit or post to the Services, including without limitation our Facebook, Instagram and YouTube accounts (collectively, our “Social Media”) and/or provide to Crystalline, including without limitation, pictures, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to Crystalline without charge and Crystalline shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Crystalline and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by Crystalline in the future. You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. Crystalline assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend and indemnify Crystalline against any losses caused due to the use of the entries for any purposes. In addition to the rights applicable to any Submission, when you post comments or reviews to the Sites or Apps, you also grant Crystalline the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this site and that use of your reviews, comments, or other content by Crystalline will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Crystalline or third parties as to the origin of any Submissions or content. Crystalline may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
  1. INTELLECTUAL PROPERTY AND OWNERSHIP
6.1 Content.  The Sites and Apps, including all of its information and content, such as the text, software, scripts, graphics, photos, and any sounds, music, videos, and interactive features (collectively, “Content”) provided as part of the Services belong at all times to Crystalline or to those who grant us the license for their use. You may use the Content only to the extent that we or the usage licensers authorize expressly. 6.2 Crystalline Marks.  In addition, the “Crystalline,” “Dead Sea Collection,” “Natural Therapy,” “Skin Care,” “Astomby,” and “DEEP” trademarks, service marks, icons, graphics, wordmarks, designs and logos contained therein (the “Marks”), are owned by Crystalline Health & Beauty From the Dead Sea Ltd. (or its affiliates, including without limitation Crystalline Health & Beauty Inc.), and the Marks of Crystalline are trademarks in the United States, United Kingdom, Russia, People’s Republic of China, Canada, Ukraine certain member states of the European Union, and any other countries for which applications are pending or registrations have issued. You do not have, and will not acquire, any right, title, or interest in or to any of the Marks. Crystalline’s Marks, whether on any product offered for sale on the Services or elsewhere, or appearing as a logo or text on any portion of any of the Sites, is not a representation that Crystalline is the owner of any copyright or other intellectual property rights in the products offered for sale on the B2B Site or the Apps. 6.3 Rights Reserved.  Content on the Services is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Crystalline or the respective owners or licensors.  We reserve all rights not expressly granted in and to the Content.  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services, provided by you to us are non-confidential and shall become the sole property of Crystalline. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.  You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
  1. THIRD PARTY LINKS AND RESOURCES
The Services may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services.  We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
  1. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
  • Strike, lockout or other forms of protest.
  • Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
  • Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.
  • Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
  • Delayed shipment or deliveries as a result of pandemic or other local, national or global events that impact the safe mailing of packages.
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Terms or other contracts despite the situation of Force Majeure.
  1. LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS
9.1 Crystalline Liability.  Unless otherwise indicated expressly in these Terms, our liability regarding any product acquired on the Services shall be limited strictly to the price of purchase of said product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
  • in case of death or personal harm caused by our negligence;
  • in case of fraud or fraudulent deceit; or
  • in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
9.2 Waiver of Liability.  Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Terms indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
  • loss of income or sales;
  • operating loss;
  • loss of profits or contracts;
  • loss of forecast savings;
  • loss of data; and
  • loss of business or management time.
9.3 Warranties.  Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information and materials shown on the Services are provided “as is”, with no express or implied warranties or conditions of the same, except those legally established. In this sense, whether you are contracting as a Purchaser, or a user of the other Services, we are obliged to deliver goods that are in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented in this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected.  To the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be excluded legitimately.
  1. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CRYSTALLINE TO YOU.
  • By USING THE SERVICES PROVIDED BY CRYSTALLINE, YOU HEREBY ACKNOWLEDGE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITES AND PRODUCTS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CRYSTALLINE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
  • WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
  • YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRYSTALLINE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRYSTALLINE AND ITS AFFILIATED ENTITIES (IF ANY) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
  • YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
  1. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES AND CANADA
Please Read the Following Clauses Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court 11.1 Initial Dispute Resolution.  We are available by email at info@crystalline.co.il, to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. 11.2 Agreement to Binding Arbitration.  If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration.  All claims arising out of or relating to these Terms (including their formation, performance and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions.  Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures.  The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms of Use, including, but not limited to, any claim that all or any part of these Terms is void or voidable.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures.  If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost.  If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS.  You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial.  You and we further understand that the right to discovery may be more limited in arbitration than in court. 11.3 Class Action and Class Arbitration Waiver.  You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes. 11.4 Exception – Small Claims Court Claims.  Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. 11.5 California Private Attorneys General Act (PAGA) Action.  Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act. 11.6 Notice to New Jersey Residents.  If you are a consumer residing in New Jersey, solely to the extent that your rights as a consumer residing in New Jersey render them unenforceable under New Jersey law, certain provisions of these Terms may not apply to you. 11.6 30-Day Right to Opt-Out.  You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at privacy@crystalline.co.il.  The notice must be sent within thirty (30) days of your agreement to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section.  If you opt-out of these arbitration provisions, we also will not be bound by them. 11.7 Exclusive Venue for Litigation.  To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree that any litigation between you and us shall be filed exclusively in state or federal courts located in New Jersey (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in New Jersey for any litigation other than small claims court actions.  In the event of litigation relating to these Terms or the Services, you and we agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.  
  1. LEGAL TERMS
12.1 Assignment.  You may not assign or transfer these Terms (or any of your rights or obligations under these Terms) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer these Terms. These Terms inure to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns. 12.2 Entire Agreement; No Waiver. These Terms, together with our Privacy Policy, and any other legal notices published on the Services, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services.  If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision. 12.3 Indemnification.  You agree to release, indemnify, and defend Crystalline and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter. 12.4 Governing Law & Jurisdiction.  Notwithstanding anything in Section 11 to the contrary, all disputes in connection with Services and any purchases made through the B2B Site, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above shall take place in the State of New Jersey, in the state or federal courts in Burlington County, New Jersey and you consent to the exclusive jurisdiction of such courts. Moreover, to the extent that the arbitration provisions set forth in Section 11 of these Terms do not apply (e.g., Purchasers and residents of countries other than the United States and Canada), or if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to Section 11, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New Jersey (except for small claims court actions which may be brought in the county where you reside).  The parties expressly consent to exclusive jurisdiction in the State of New Jersey for any litigation other than small claims court actions.  In the event of relating to these Terms or the Services, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial. 12.4 Interpretation.  In construing or interpreting these Terms, headings are for convenience only, and not to be considered.  
  1. CONTACT US
We welcome your questions and comments about these Terms. You may contact us anytime via email at info@crystalline.co.il, or as follows: Crystalline Health & Beauty, Inc., 401 Bordentown Hedding Rd., Suite #2, Bordentown, NJ 08505, Attn: Legal Department. Last Updated: December 2021