Terms and Conditions
Last Modified: April 20, 2020
This website is owned and operated by Lotus Theory, LLC (referred to as "Lotus Theory" or “we” as the context may require). These terms and conditions (these "Terms and Conditions") apply to the purchase and sale of products and services through lotustheoryny.com (the "Site"). These Terms and Conditions are subject to change by Lotus Theory without prior written notice at any time, in our sole discretion. Any changes to the Terms and Conditions will be in effect as of the "Last modified" date referenced on the Site. You should review these Terms and Conditions prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last modified" date will constitute your acceptance of and agreement to such changes.
In order to use the Site and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms and Conditions as a binding agreement. You are not allowed to use this Site and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms and Conditions, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Prices and Payment Terms
We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Posted prices do not include taxes. All such taxes and charges will be added to your merchandise total when applicable, and will be itemized in your shopping cart and in the payments page.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, JCB, Discover, and Diners Club debit and credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Upon completion of an order, you will receive an instant order confirmation along with an email that contains the purchased content. The purchased content is available to you for download for 30 days, we encourage you to download the content promptly after purchase. We do not guarantee that such content will be available for re-download and Lotus Theory will not be liable to you if it becomes unavailable for further re-download.
Returns and Refunds
Except for any products designated on the Site as final sale or non-returnable, we will provide a refund of your purchase price, provided such request is made within 7 days of delivery with valid proof of purchase.
Refunds are processed within approximately 15 business days of our approval of your refund. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
The limitation of liability set forth above shall only apply to the extent permitted by law.
Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the U.S.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction
This Site is operated from the U.S. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site.
No Third-Party Beneficiaries
These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you.
Changes to Terms
Lotus Theory reserves the right, in its sole discretion, to change the Terms and Conditions under which lotustheoryny.com is offered. The most current version of the Terms and Conditions will supersede all previous versions. Lotus Theory encourages you to periodically review the Terms and Conditions to stay informed of our updates.
Lotus Theory welcomes your questions or comments regarding the Terms:
Lotus Theory, LLC
434 Mamaroneck Avenue, Suite 104
Mamaroneck, New York 10543