Terms and Conditions

These terms of use (“Terms of Use”) are entered into by and between you and Nile Sun Cruises Corporation (“Nile Sun Cruises”, “we”, “our” or “us”). In these Terms of Use, “you” and “your” refer to: (a) you, the individual accessing the Site and/or using the Services; (b) any electronic agent accessing the Site and/or using the Services; and (c) the business entity on whose behalf an individual or electronic agent is accessing the Site and/or using the Services.

These Terms of Use govern your access to our Site and your use of our Services. In these Terms of Use, “Site” refers to the web sites, located at , as well as the various websites and mobile apps available to our guests under our brands, including, The Royal Nile Sun, The James Hotels, Classico Collection by Nile Sun, Nile Sun Hotels, Resorts & Cruises, MOD Collection by Nile Sun, Nile Sun Select, Nile Sun Essential, Nile Sun Suites, Nile Sun Simply Suites, Nile Sun Posadas Del Inca Peru, Red Lion Hotels by Nile Sun, Signature Inn by Nile Sun, Americas Best Value Inn by Nile Sun, and Canadas Best Value Inn by Nile Sun.

The Site provides users with access to information and materials about Nile Sun and other information related to services offered by Nile Sun, a hotel brand. This Site also contains information, text, data, code, software, images, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Nile Sun and its Services, “Content”), as well as the design, structure, coordination, expression, “look and feel”, and arrangement of such Content. “Services” refers to the services, features, and functionality, and offers made available through the Site.

Nile Sun’s Site and Services are intended for a general audience and are not intended by use by minors. By accessing our Site or using our Services, you represent and warrant that: (a) you have the legal capacity to enter into these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract); and (b) you are at least eighteen (18) years of age.

Nile Sun may be change, modify, supplement or update these Terms of Use at any time in our sole discretion effective immediately upon the posting of the revised Terms of Use, along with the effective date, on the Site. We may provide you with notice of such updates and modifications by any means, including by posting a revised version on the Site. You are encouraged to review this Site and these Terms of Use periodically for updates and changes. You will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use this Site after such changes are posted, and your continued access to the Site or use of the Services after such updates or modifications signifies your acceptance of such revised terms.

The version of these Terms of Use posted on the Site on each respective date you visit the Site will be the Terms of Use applicable to your access to the Site or use of the Services on that date. Our electronically or otherwise properly stored copies of the Terms of Use shall be deemed to be the true, complete, valid, and authentic copy of the version of the Terms of Use that was in force on each respective date you accessed the Site or used the Services.

You understand and agree that Nile Sun owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the Services. You acknowledge that the Site and the Services are proprietary to Nile Sun and are protected by applicable intellectual property and other proprietary rights, laws, and treaties, and that you acquire no ownership interest in the Site or the Services by accessing the Site or using the Services.

Subject to these Terms of Use, Nile Sun hereby grants you a limited, personal, non-exclusive, non-transferable license to access the Site and use the Services solely for your internal use. We (or the respective third-party owners of Content) retain all right, title, and interest in this Site and any Content, features, Services offered on this Site, including any and all intellectual property rights. We (or the respective third-party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Nile Sun.

Nile Sun’s Privacy Notice explains how we handle your personal information and protect your privacy when you use our Services. By using our Services, you agree that Nile Sun can use such personal information in accordance with our Privacy Notice available

In addition to these Terms of Use, you agree to the terms, conditions, and notices at the following links, which are hereby incorporated into these Terms of Use:

licies, including privacy and data gathering practices, of any site to which you navigate from the Site.

You may not link to the Site without the express prior written consent of Nile Sun. You agree that you will promptly remove any link to the Site upon request of Nile Sun. In no event will you use any logo or trademark of Nile Sun as a link “button”, or in any other manner, without Nile Suns express prior written consent.

Wireless reservations may not be available in every location. Functionality is not guaranteed with all types of mobile devices in using the Site. In addition, the connection to a mobile device will not work if your device is not configured for SSL encryption. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device.

If you request to receive information directly to your mobile phone, you consent to receiving communication from Nile Sun via your mobile device. This could include text or SMS messages. We do not charge for the SMS service (“SMS Service”). Please be aware that your carrier’s standard messaging data and other rates and fees applies as applicable to your service provider and plan. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.

You are able to opt out from receiving SMS or text messages at any time by texting STOP or HELP.

By requesting information to your mobile phone, we may obtain the following information from you in connection with our SMS Service: your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. Please review our Privacy Notice for further information as to the type and use of data.

We have the right to change and/or terminate the SMS Service at any time, with or without cause or advance notice to you.

Any information, photographs, data, communications, or material of any type or nature that you submit to or post on the Site (or to any of our pages on a social media platform or other website) by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. Nile Sun does not own any Submissions provided via the Site. You are fully responsible for all Submissions, which must comply with these Terms of Use. You hereby agree that by submitting or posting such Submissions, you grant Nile Sun a nonexclusive, unrestricted, irrevocable, worldwide, sublicensable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such Submissions. You hereby represent and warrant: (a) that you have the full legal right to so use such Submissions; (b) the Submissions are not confidential or proprietary to any third party; and (c) you are not using Submissions in violation of any law, regulation, or contractual restriction.

Nile Sun neither actively monitors general access to the Site or the Services, nor exercises editorial control over any Submissions. However, Nile Sun does reserve the right to monitor such Submissions or other use at any time as it deems appropriate and to remove any Submissions or other materials that, in Nile Sun’s sole discretion, may be illegal, may subject Nile Sun to liability, may violate these Terms of Use, or are, in the sole discretion of Nile Sun, inconsistent with Nile Sun’s intended purpose for the Site or the Services.

You represent and warrant that: (a) all information, photographs, data, materials, or other content that you submit to or through the Site or the Services are and shall be true, accurate, complete, and suitable for the purpose which they are intended; and (b) your access to the Site and use of the Services shall comply with all applicable laws and regulations.

Nile Sun reserves the right to do any of the following, at any time, without notice or liability: (a) terminate these Terms of Use; (b) refuse, restrict, suspend, discontinue, or terminate operation of or access to the Site or use of the Services, or any portion thereof; (c) modify or change the Site, the Services, or any portion thereof, and any applicable policies or terms; and (d) interrupt the operation of the Site, the Services, or any portion thereof, as necessary to perform maintenance, error correction, or make other changes.

In connection with your access to the Site and your use of the Services, you agree you will not (or allow or assist a third party to):

Nile Sun reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Use, including, without limitation, the suspension or termination of your access and/or account. Nile Sun may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Notice, Nile Sun reserves the right at all times to disclose any information as Nile SUn deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Nile Sun sole discretion. You also agree to reimburse Nile Sun for any damage, loss, cost, or expense Nile Sun incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your access to the Site or use of the Services for any unlawful or prohibited purpose.

To the extent that any of the Content or material included in the Site is provided by third party content providers, Nile Sun has no editorial control or responsibility over such Content or Material. Therefore, any opinions, statements, products, services or other information expressed or made available by third party (e.g., bloggers, suppliers, clients, Site users, etc.) are theirs alone, not opinions of Nile Sun,. Nile Sun does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content or Material displayed on this Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Nile Sun. You acknowledge that by providing you with the ability to view and distribute Content and material through our Site, Nile Sun is not undertaking any obligation or liability relating to the Content.

If you open an account on this Site that will provide you with access to password-protected portions of this Site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and username. You shall update your password at regular intervals, but in no class less frequently than once every six (6) months. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Nile Sun of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Nile Sun will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Nile Sun or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. We reserve the right to suspend or terminate your account for any reason without notice.

Nile Sun and any of its suppliers in connection with the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications, nor for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.

Nile Sun may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

You agree that neither Nile Sun nor any its suppliers are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders you request or make on the Site which are not processed or accepted for any reason.

Your travel to certain destinations may involve certain risks. Nile Sun encourages you to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations, including information that can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. Nile Sun DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA THIS SITE IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATIONS TO THE FULLEST EXTENT PERMITTED BY LAW.

All reservations made on this Site must be guaranteed with a valid major credit card. You hereby authorize us or our designated agent (including our designated payment processor) to charge such credit card for the amount of your selected rate or promotion, and at the frequency set forth in your selected rate or promotion’s Rate Rules on the Site and your reservation confirmation email. Rates are exclusive of all taxes, and you are responsible for the payment of all applicable taxes. You must carefully review the payment details when making your room reservation. You are solely responsible for all fees charged to your credit card by the issuer, bank, or financial institution, including, but not limited to, insufficient funds, and other the fees, and any accrued interest.

For international travel, the rates confirmed in USD may be converted to local currency by the Nile Sun property at your time of stay, based on the exchange rate used by the Nile Sun property and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within our control and may impact the amount charged to your credit card.

You agree to indemnify and hold harmless Nile Sun and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, franchisors, franchisees, licensors and licensees, from and against all losses, expenses, damages, liabilities, claims, demands and costs, including reasonable attorneys’ fees, in connection with, arising out of, or related to: (a) your access to the Site and your use of the Services; (b) any content, data, or information that you submit, post to, or transmit through the Site or Services; (c) your violation of any applicable law or regulation, or your violation of any rights of another, (d) any violation by you of these Terms of Use, any breach by you of your representations and warranties hereunder or your reliance on any errors or omissions in our Site. We reserve, and you grant to us, the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Nile Sun PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. Nile Sun AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. FURTHER, Nile Sun ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE OR THE SERVICES. Nile Sun SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SITE OR THE SERVICES. ADVICE RECEIVED VIA THE SITE OR ANY USER SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE SITE, THE CONTENT AND MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. Nile Sun AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE, CONTENT OR THE SERVICES ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE IDENTIFIED OR CORRECTED, OR THAT THE SITE AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. WE MAKE NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nile Sun AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE AND PRODUCTS OBTAINED THROUGH THE SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Nile Sun OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

WITHOUT LIMITING ANY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IF Nile Sun IS FOUND LIABLE TO YOU OR ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SERVICES, Nile Sun’S CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS SHALL NOT EXCEED USD $100.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.

Notwithstanding any of these Terms of Use, Nile Sun reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.

These Terms of Use and any other terms by Nile Sun which reference these Terms of Use (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to the Site and your use of the Services. You agree that you shall not contest the admissibility or enforceability of Nile Suns copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and Nile Sun. Nile Sun may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the express prior written consent of Nile Sun. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provisions contained in these Terms of Use by Nile Sun shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved. Neither these Terms of Use, nor your access to the Site or your use of the Services, create any partnership, joint venture, employment, or other agency relationship between Nile Sun and you. You may not enter into any contract on our behalf or bind us in any way.

Except as otherwise expressly stated, all Content appearing on this Site is the copyrighted work of Nile Sun or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Nile Sun and is protected by U.S. and international copyright laws. All rights not expressly granted in these Terms of Use are expressly reserved.

Nile Sun and any other product or service name or slogan contained in the Site are trademarks of Nile Sun and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nile Sun or the applicable trademark holder. Along with your obligation to comply with all applicable laws, you may not use any metatags or any other “hidden text” utilizing Nile Sun, or any other name, trademark or product or service name of Nile Sun without our prior written permission. In addition, the domain name for this Site, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Nile Sun and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

EXCEPT FOR DISPUTES, CLAIMS, OR CONTROVERSIES INVOLVING THE OWNERSHIP, VALIDITY OR USE OF ANY Nile Sun TRADEMARKS OR SERVICE MARKS, OR DISPUTES, CLAIMS, OR CONTROVERSIES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE, THE SERVICES, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND Nile Sun (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF A COURT. YOU AND Nile Sun EACH WAIVE THE RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

Prior to initiating the arbitration, the initiating party will give written notice to the other party of its claim, and the parties will have sixty (60) days to negotiate and attempt to resolve the dispute, after which time unresolved claims may proceed to arbitration in accordance with this section.

The arbitration will be governed by the then-current Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. The AAA Rules are available online at adr.org or may be requested by writing. The arbitration will be conducted in the Commonwealth of Massachusetts before one arbitrator who shall be an attorney or retired judge. If your claim is for $5,000 or less, Nile Sun agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic, videoconference, or in-person hearing as established by the AAA Rules. If your claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules. The arbitrator, and not any federal or state court, shall have exclusive authority to resolve any dispute, claim, or controversy arising out of or relating to the interpretation, applicability, arbitrability, enforceability, or formation of these Terms of Use. Arbitration proceedings will be conducted in English and in a manner that preserves confidentiality. Unless you and Nile Sun agree otherwise, any decision or award will consist of a written statement stating the disposition of each claim and including a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s decision will follow the plain meaning of the relevant documents and will be final and binding and may be entered thereafter by any court of competent jurisdiction. The arbitrator shall not be empowered to award punitive or exemplary damages to any party, except where permitted by statute, and the parties waive any right to recover such damages. Nothing in this section shall prohibit the discovery or exchange of non-privileged information relevant to the dispute, claim, or controversy.

The payment of the AAA filing, administration, case-management, hearing, and arbitrator fees will be governed by the AAA rules. In addition, if the arbitrator finds that either the substance of your claim or the relief sought in the arbitration demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Rule 11(b) of the Federal Rules of Civil Procedure), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Nile Sun for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

Notwithstanding the foregoing, nothing in these Terms of Use will preclude Nile Sun from seeking any injunctive relief or other provisional remedy in a court of law. You agree to exclusive jurisdiction of the state and federal courts located in the Commonwealth of Massachusetts for such claims, and you expressly consent to personal jurisdiction there and waive any claims that venue is improper for any reason in these courts.

These Terms of Use shall be governed by and construed under the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws, principles, or rules, and regardless of your location. Any dispute, claim, controversy, or other legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the Site or the Services must be commenced within one year after the cause of action arises. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions, or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to the arbitration.

Nile Sun welcomes any comments or questions you may have regarding these Terms of Use, the Site, and/or the Services. Please contact us with your comments or questions at