Terms of Use

Effective January 1, 2022

Last Updated October 26, 2025

1. Introduction and Acceptance of Terms

This website is owned and operated by Lotus Theory, LLC (“Lotus Theory,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of www.lotustheoryny.com and any content, functionality, products, or services offered on or through it (the “Site” and collectively, the “Services”).

By accessing or using the Site or Services, you agree to these Terms. If you do not agree, do not use the Site. We may update these Terms at any time. Changes are effective on the “Effective Date” above. Your continued use means you accept the updated Terms.

You should also review our Privacy Policy, which explains how we collect, use, and share information. The Privacy Policy is incorporated by reference.

2. Eligibility

You must be at least 18 years of age, or the age of majority where you live, and have the legal authority to enter into these Terms. You may not use the Site or Services where prohibited by law.

3. Accounts and Security

To use certain features, such as booking sessions, saving preferences, or accessing purchases, you may need to create an account on the Site and provide accurate, current information. You are responsible for safeguarding your login credentials and for all activity under your account. Notify Lotus Theory right away of any unauthorized use. We are not liable for any loss due to your failure to secure your account.

Lotus Theory also maintains separate, secure client portals for therapy and insurance billing. These portals are hosted through third-party electronic health record (EHR) systems and are subject to their own privacy and security policies. The website account you create on lotustheoryny.com is distinct from your client portal account and is not intended to store or transmit any protected health information (PHI).

Use your client portal only for therapy or billing purposes, and your website account for booking somatic and wellness sessions or purchasing products.

4. License and Access; Intellectual Property

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and any content made available to you for your personal, noncommercial use only. All content and materials on the Site, including text, graphics, logos, videos, and trademarks, are owned by Lotus Theory or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, transmit, perform, display, create derivative works of, or use any content except as expressly permitted in these Terms.

User Content

If you submit, upload, or post content to the Site, you grant Lotus Theory a worldwide, royalty-free, non-exclusive license to host, store, display, perform, reproduce, and create derivative works for operating, improving, and promoting the Services. You retain ownership of your content.

If you believe your IP rights are infringed, contact us using the information in Section 18.

5. Acceptable Use

You agree not to use the Site or Services:

To violate any law or the rights of others
To infringe intellectual property
To upload malware or harmful code
To perpetrate fraud
To publish obscene, defamatory, discriminatory, or violent material
To collect information about others without permission
To interfere with the Site’s security or operations, including reverse engineering or data mining

We may suspend or terminate access for violations.

6. Health, Wellness, and Professional Disclaimers

Lotus Theory provides mental health counseling and wellness content intended for general informational and educational purposes. Content on this Site does not constitute medical, nutrition, legal, or financial advice and should not replace advice from a licensed professional who is familiar with your situation.

No medical advisement. Do not disregard medical advice or delay seeking it because of something you read here.
No nutritionist or dietitian advisement. Mindset is central to our approach. If you work with us, you will be working with a licensed mental health counselor, not a licensed nutritionist or dietitian.
Personal responsibility. You are responsible for your choices and results. Individual outcomes vary based on many factors. We do not guarantee results.

7. Mobile Services and Communications

If you access the Services via mobile, your carrier’s rates may apply. By providing a mobile number, you consent to receive communications from us by SMS, MMS, text, or other electronic means. If you change or deactivate your number, update your account to prevent messages from going to the wrong person.

8. Purchases and E-Commerce

Order Acceptance

Your order is an offer to purchase the products or services listed in your order under these Terms. We may accept or reject orders at our discretion and may change, suspend, or discontinue any Services without liability.

Prices and Payment

Prices may change and may include errors that we can correct. Posted prices exclude taxes, shipping, and any other fees, which will be shown at checkout when applicable. You represent that the payment information you provide is true and that you are authorized to use it. We accept major credit and debit cards listed at checkout.

Products and Availability

Descriptions, images, and details are provided for convenience and may contain errors. Availability is not guaranteed.

Shipping and Fulfillment

Lotus Theory uses external fulfillment partners for the production, packaging, and delivery of all physical products, including Creative Journals and Goods & Apparel. This allows us to eliminate the need for in-house inventory and ensures efficient delivery from our partners’ facilities.

Creative Journal (made-to-order): Printing takes about 5 business days. Shipping typically takes an additional 1 to 5 business days, depending on the shipping method selected.
Goods and Apparel: Fulfillment usually takes 3 to 7 days, after which items are shipped. Estimated delivery times after shipment: USA 3 to 4 business days; Europe 6 to 8; Australia 2 to 14; Japan 4 to 8; International 10 to 20. Delivery timelines are estimates only and may vary based on the carrier or region.
Tracking: Tracking information is provided by our fulfillment partners when available. Tracking links and updates are sent via email from our partners, not directly by Lotus Theory. Because we do not manage shipping operations, tracking updates, delivery times, and delays are outside of our control.
International customs: Import duties, taxes, and fees may apply and are your responsibility. Check with your local customs office for details.
Delivery issues: Confirm your address is correct. Check with your local post office and neighbors if a package is missing. If still unresolved, contact us at admin@lotustheoryny.com with your order number. We will coordinate with our fulfillment partner on your behalf.

Returns and Refunds

All sales of Creative Journals are final. No returns or exchanges.
Digital products, including eBooks: Non-refundable.
Goods and Apparel: Not returnable unless damaged or defective, in which case we will exchange for the same item.
Events and Program Sessions: Unless designated as final sale, we offer refunds if requested within 7 days of delivery of your confirmation and with valid proof of purchase.
Damaged or Defective Goods and Apparel: Submit claims within 10 days after delivery, or within 10 days of the estimated delivery date for lost-in-transit packages. Include photos and your order number. Claims meeting our criteria will be covered at our expense. Because shipping is managed by our fulfillment partners, Lotus Theory will coordinate resolution through them. We reserve the right to refuse returns that do not meet criteria.

Goods Not for Resale or Export

You represent that purchases are for personal or household use and final delivery is within the U.S.

9. Third-Party Links, Services, and Affiliates

We may link to or integrate with third-party sites, services, or tools. We are not responsible for third-party content, policies, or practices. We may participate in affiliate programs and may receive compensation for third-party referrals or sales.

10. Privacy

Our Privacy Policy explains how we collect, use, disclose, and protect personal information. By using the Site, you consent to our data practices described there.

11. Service Changes, Storage, and Interruptions

We may modify, suspend, or discontinue the Site or any feature at any time. We may set general practices and limits on storage and may delete data in our discretion, except where prohibited by law. Unavailability or downtime may occur. We are not liable for interruptions.

12. Disclaimers

THE SITE, SERVICES, CONTENT, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LOTUS THEORY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE, SERVICES, OR PRODUCTS WILL NOT EXCEED THE AMOUNT YOU PAID TO LOTUS THEORY FOR THE PRODUCT OR SERVICE AT ISSUE, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME LIMITS MAY NOT APPLY.

14. Indemnification

You agree to defend, indemnify, and hold harmless Lotus Theory and our affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from your use of the Site or Services, your content, or your violation of these Terms or applicable law.

15. Security and Prohibited Technical Conduct

You may not attempt to reverse engineer, disassemble, or access the Site in a way that compromises security. Do not attempt to bypass access controls, probe or scan systems, or interfere with hosting, networks, or users.

16. Spam Policy

Do not use the Site or Services to send unsolicited commercial communications or harvest user information.

17. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. The exclusive venue for disputes that may be filed in court is in the state or federal courts located in Westchester County, New York.

Arbitration. If a dispute arises out of or relates to these Terms or the Site that the parties cannot resolve informally, the dispute will be resolved by binding arbitration in Westchester County, New York, before a single arbitrator. The arbitrator will apply applicable federal law and New York law. The arbitrator may not award punitive damages or certify a class. Each party pays its own fees and costs. Intellectual property claims by Lotus Theory may be brought in court.

18. Contact Information

Lotus Theory, LLC
434 Mamaroneck Avenue, Suite 104
Mamaroneck, New York 10543
Email: admin@lotustheoryny.com

19. Modifications to These Terms

We may modify these Terms at any time. The updated Terms are effective on the date listed at the top. You are responsible for reviewing changes and your continued use means you accept them.

20. General Provisions

No Third-Party Beneficiaries. These Terms do not create rights for anyone else.
Assignment. You may not assign these Terms. We may assign them.
Severability. If any part is unenforceable, the rest remains in effect.
No Waiver. Our failure to enforce a provision is not a waiver.
Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, pandemics, power failures, or telecommunications outages.
Entire Agreement. These Terms, together with the Privacy Policy and any order confirmations, constitute the entire agreement regarding the Site and Services and supersede prior agreements.

Legal Disclosure

These Terms of Use are maintained to reflect current laws, platform updates, and company practices.

Lotus Theory reserves the right to modify or replace any part of these Terms at any time without prior notice. Updates will be reflected by the “Effective Date” at the top of this page. We encourage visitors to review this page periodically to stay informed of any changes.

Last Updated: October 26, 2025