Welcome to www.lotushabits.com . The Site enables visitors (“Users”) who are at least eighteen (18) years of age to make purchases, access general information and to make use of services and participate in programs promoting the Lotus Habits philosophy and practice, including but not limited to email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and various other message communication applications and products and services, including but not limited to PDFs, audio materials, visual materials, online courses, training programs, supplements and foods. These Terms & Conditions of Use (the “Agreement”) set forth the terms and conditions which govern Your use of the Site and apply to information We collect on this Site, through electronic mail (“e-mail”), text and other electronic messages between You and this Site, through mobile and desktop applications You download from this Site, and when You interact with our advertising and applications on third-party websites and services.
Please read this Agreement carefully before accessing the Site. By accessing the Site, Users agree to be bound by the terms and conditions set forth in this Agreement. If Users do not wish to be bound by this Agreement and Our Privacy Policies, they are not authorized to use this Site. This Site is offered and available to Users who are eighteen (18) years of age or older. By using this Site, You represent and warrant that You meet all of the foregoing eligibility requirements. If You do not, You must not access or use the Site.
Lotus Habits reserves the right to modify this Agreement at any time which changes shall be effective immediately and apply to all access to and use of the Site thereafter. You agree to review the Agreement periodically to be aware of such modifications and Your continued use of the Site shall be deemed to be Your conclusive acceptance of any modified Agreement. We reserve the right to withdraw or amend this Site and any service or material We provide, in Our sole discretion without notice. From time to time We may restrict access to some parts or all of the Site to Users, including Registrants.
You acknowledge and agree that You will consult with Your physician if You have any questions or wish to seek advice regarding a medical condition, Your diet, nutritional supplements, an exercise regimen or any other matter related to Your health or general well-being. Lotus Habits cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of any Content or products provided on this Site. Lotus Habits expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, statement or other information posted on the Site by Users. You bear sole responsibility for Your own health and diet research and decisions.
THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE
- MEDICAL DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT THE SITE, INCLUDING BUT NOT LIMITED TO ALL TEXT, DATA, IMAGES, GRAPHICS, PHOTOGRAPHS, AUDIO, VIDEO, SOFTWARE, INFORMATION, PROGRAMS, TELESEMINARS, ARTICLES, COMMENTS, STORIES, MESSAGES, POSTINGS, INFORMATION, Lotus Habits MATERIALS (AS HEREINAFTER DEFINED), REGISTRANT CONTENT (AS HEREINAFTER DEFINED) AND ALL OTHER CONTENT (COLLECTIVELY, “CONTENT”) PROVIDED IN CONNECTION WITH THE SITE BY Lotus Habits OR THIRD PARTIES ON BEHALF OF Lotus Habits , AND ALL REGISTRANT CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE OR SUBSTITUTE FOR (I) MEDICAL ADVICE OR COUNSELING, (II) THE PRACTICE OF MEDICINE INCLUDING BUT NOT LIMITED TO PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, (III) THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, OR (IV) THE CREATION OF A PHYSICIAN-PATIENT OR CLINICAL RELATIONSHIP BY Lotus Habits OR ANY OF Lotus Habits ’ AGENTS, AFFILIATES, EMPLOYEES, CONSULTANTS OR SERVICE PROVIDERS (COLLECTIVELY, WITH Lotus Habits , THE “ Lotus Habits PARTIES”). YOU ACKNOWLEDGE AND AGREE THAT CONTENT SHOULD BE USED ONLY IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. IF YOU HAVE ANY QUESTIONS OR WISH TO SEEK ADVICE REGARDING A MEDICAL CONDITION, YOUR DIET, NUTRITIONAL SUPPLEMENTS, AN EXERCISE REGIMEN OR ANY OTHER MATTER RELATED TO YOUR HEALTH OR GENERAL WELL-BEING, YOU AGREE THAT YOU WILL CONSULT WITH YOUR PHYSICIAN BEFORE UTILIZING ANY CONTENT APPEARING ON THE SITE.
- Commercial Transactions.
4.1 Purchases. Products and/or services are offered for sale through the Site. In the event You wish to purchase any of these products or services, You will be asked by Lotus Habits or an authorized third party on Lotus Habits ’ behalf to supply certain personally identifiable information (“PII”), including without limitation, Your full name, address, telephone number, and credit card information. You agree to provide Lotus Habits or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any agreement that You may enter into which governs Your purchase of such product or service. You shall be responsible for all charges incurred through Your account as well as any shipping and applicable taxes.
4.2 Payment. Your right to use any service or product that is available for purchase through the Site is conditional on Our receipt of payment for such service or product. If payment cannot be charged to Your credit card or if a charge is refunded for any reason, including chargeback, We reserve the right to either suspend or terminate Your account, thereby terminating this Agreement and all obligations hereunder.
- Intellectual Property.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design selection and arrangement thereof) are owned by Lotus Habits and Lotus Habits, its licensors or other providers of such material and are protected by Us and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
5.1 Copyright. any content contained in the Site and any newsletters or other materials created and distributed through the Site by Lotus Habits (“ Lotus Habits Materials”), its licensors or suppliers are the property of Lotus Habits or its licensors or suppliers, as applicable, and are protected under the copyright laws of the United States and other countries. You must abide by all copyright notices or restrictions contained on the Site. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for Your personal, non-commercial use.
5.2 Lotus Habits Materials. Subject to the limited license, You will have the opportunity to download and use certain Lotus Habits Materials. You acknowledge and agree that You shall not infringe or otherwise violate the copyright or other proprietary rights of any Lotus Habits Materials.
Trademarks. For the purpose of trademark administration, Lotus Habits reserves all the rights concerning any physical Lotus Habits Products, All Lotus Habits media, physical or digital, including advertising media. Warranties and protections offered directly through Lotus Habits.
5.5 Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of Lotus Habits or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or Post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Site, without Our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Lotus Habits, its licensors or suppliers.
5.6 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is Our policy to terminate the accounts of repeat infringers.License.
6.1 Use. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Site, except that You may download Content from the Site as machine readable copies and/or print copies of any web page, provided that such copies will be used for Your own personal (non-commercial) use and not for the purposes of competing in any manner with the Site or Lotus Habits . If Your rights to use the Site ceases for any reason, You must, at Our option, return or destroy any copies of the Content You may have made.
6.3 Grant of License to Lotus Habits Materials. As part of Your use of the Site, Lotus Habits grants to You a revocable, non-exclusive, non-transferable and limited license, without the right to sublicense, for the sole purpose of downloading and viewing Lotus Habits Materials on Your personal computer for Your own personal, non-commercial use only. The grant of this limited license is in no way intended, and shall not be interpreted, to grant to You any rights or license permitting You (i) to translate, alter, copy, revise, modify, change, or create derivative works based on Lotus Habits Materials in whole or in part; (ii) to publish, display, distribute, sell, rent or otherwise make Lotus Habits Materials, in whole or in part, available to any third party; or (iii) to print or otherwise reproduce Lotus Habits Materials, in whole or in part. Subject to the limited license granted, Lotus Habits retains any and all rights that now or hereafter exist with respect to Lotus Habits Materials. Lotus Habits reserves the right to revoke the display, sale or otherwise use of Lotus Habits or Lotus Habits licensed materials upon request for any reason.
Lotus Habits and/or third parties may provide links to other websites of possible interest to you. Because We have no control over such websites, You acknowledge and agree that We are not responsible for the availability of such websites, We do not sponsor or endorse such websites, and We are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites and Your access and use such websites at Your own risk. You also acknowledge and agree that Lotus Habits shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
You may include on Your website a link to a Site, provided that Your website does not violate any Content Restrictions. Further, Your link, nor any other content on Your website, shall not mislead or suggest that Your website is sponsored by or affiliated with the Site. Lotus Habits reserves the right to revoke, at any time, this limited authorization to link to the Site.
- DISCLAIMER OF WARRANTIES.
8.1 REGISTRANTS AND USERS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE SITE IS AT THEIR SOLE RISK. Lotus Habits EXPRESSLY DISCLAIMS AND HAS NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE SITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING THE SITE. NO INFORMATION OBTAINED FROM Lotus Habits, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. Lotus Habits SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE SITE. SPECIFICALLY, Lotus Habits DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE SITE.
8.2 You understand that we cannot and do not guarantee or warrant that filed available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF Lotus Habits. Lotus Habits MAKES NO GUARANTY OF CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
8.3 PRODUCTS PURCHASED FROM WEB STORE FRONTS NOT OWNED BY Lotus Habits, OR OUTSIDE OF Lotus Habits AUTHORIZED RESELLER PROGRAM ARE NOT PROTECTED BY Lotus Habits WARRANTIES, AND ARE CLASSIFIED BY Lotus Habits AS MATERIALLY DIFFERENT THAN PRODUCTS PURCHASED FROM Lotus Habits, Lotus Habits OWNED WEB STORE FRONTS, AND Lotus Habits AUTHORIZED RESELLERS.
- LIMITATION OF LIABILITY.
9.1 IN NO EVENT SHALL Lotus Habits, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY GOODS AND/OR SERVICES ACQUIRED THROUGH THE SITE, WHETHER OR NOT Lotus Habits PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF Lotus Habits TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH GIVE RISE TO YOUR CLAIM, OR (B) $100.
9.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 8 OR 9 HEREOF MAY NOT APPLY TO YOU.
- Indemnity. You shall indemnify and hold harmless Lotus Habits , its affiliates or their licensors, service providers, employees, agents, officers or directors from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys’ fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against Lotus Habits , arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with, any use or misuse of Registrant Content Posted to or transmitted through Our Site, Your use of Our Site, Your connection to Our Site, Your breach of this Agreement, or Your violation of any law or the rights of a third party.
- Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between You and such third party. You agree that Lotus Habits shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
- No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between You and Lotus Habits by this Agreement.
- Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina , excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and You hereby submit to exclusive jurisdiction in the federal and state courts of North Carolina although We retain the right to bring any suit, action or proceeding against You for breach of this Agreement in Your county of residence or any other relevant county. You agree to receive service of process through certified mail or by other means sanctioned by law, and You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF OUR SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- Class Action Waiver and Arbitration. THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROVIDES THAT ANY DISPUTE ARISING FROM THIS AGREEMENT MAY BE RESOLVED BY BINDING ARBITRATION, WHICH REPLACES THE RIGHT TO GO TO COURT. THIS SECTION PROHIBITS YOU FROM BRINGING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, INCLUDING IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, AND PROHIBITS YOU FROM BRINGING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN ADDITION, THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROHIBITS YOUR ABILITY TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, AND PROHIBITS YOUR ABILITY TO BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. THE WAIVERS SET FORTH IN THIS SECTION INCLUDE ANY CLAIM THAT YOU MAY HAVE AGAINST Lotus Habits WITH RESPECT TO ANY THIRD PARTY SERVICE. TO THE EXTENT A PROVIDER OF A THIRD PARTY SERVICE JOINS Lotus Habits IN ANY ACTION BETWEEN YOU AND SUCH PROVIDER, YOU AGREE THAT THIS SECTION SHALL APPLY TO ANY CLAIMS THAT YOU MAY HAVE AGAINST LOTUS HABITS. IF NOT FOR THIS CLASS ACTION WAIVER AND ARBITRATION SECTION, YOU MAY HAVE OTHERWISE HAD A RIGHT TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS) AND YOU AND LOTUS HABITS MAY OTHERWISE HAVE HAD A RIGHT TO BRING CLAIMS IN A COURT BEFORE A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED BELOW, YOU WAIVE ANY OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL A DECISION.
- General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Lotus Habits, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between Us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
Disclaimer. Lotus Habits is a provider of online information relating to health, nutrition, diet, and vitality. Lotus Habits is not a healthcare practitioner or provider. This Site is provided for general informational purposes only and is not intended to constitute or substitute for (i) medical advice or counseling, (ii) the practice of medicine including but not limited to psychiatry, psychology, psychotherapy or the provision of health care diagnosis or treatment, (iii) the creation of a physician-patient or clinical relationship, or (iv) an endorsement, a recommendation or a sponsorship of any third party, product or service by Lotus Habits or any of its Lotus Habits affiliates, agents, employees, consultants or service providers. If You have or suspect that You have a medical problem, contact Your health care provider promptly.
- Electronic Communications. By sending e-mails to Us, You are communicating with Us electronically. We will communicate with You by e-mail or by posting notices on this Site. You consent to receive communications from Us electronically. Further, You agree that all communications including but not limited to agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
- Resale. No products purchased from this Site shall be resold without written permission from Lotus Habits
Last Updated: April 18th, 2019