Terms of Use

Last Modified: April 20, 2020

 

Agreement between User and www.lotustheoryny.com

 

Welcome to lotustheoryny.com. This website (the “Site”) is comprised of various web pages operated by Lotus Theory, LLC (“Lotus Theory”). The Site lotustheoryny.com is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms”). Your use of the lotustheoryny.com constitutes your agreement to all such Terms. Please read the Terms of Use carefully before you start to use the Site. If you do not want to agree to these Terms of Use, you must not access or use the Site.

 

This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Lotus Theory and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

Privacy

 

Your use of lotustheoryny.com is subject to Lotus Theory’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Terms and Conditions

Purchases made in lotustheoryny.com is subject to Lotus Theory's Terms and Conditions Policy. These Terms and Conditions are an integral part of the Site Terms of Use that apply generally to the use of our Site. You should also carefully review our Terms and Conditions Policy and Privacy Policy before placing an order for products or services through this Site.

 

Site Access and Account Security

 

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Lotus Theory is not responsible for third party access to your account that results from theft or misappropriation of your account. Lotus Theory and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Electronic Communications

 

Visiting the lotustheoryny.com or sending emails to Lotus Theory constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via emails and on the Site, satisfy any legal requirements that such communications be in writing.

 

Links to Third Party Sites/Third Party Services

 

The lotustheoryny.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under control of Lotus Theory and Lotus Theory is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Lotus Theory is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lotus Theory of the site or any association with its operators.

 

Certain services made available via lotustheoryny.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the lotustheoryny.com domain, you hereby acknowledge and consent that Lotus Theory may share such information and data with any third party with whom Lotus Theory has a contractual relationship to provide the requested product, service or functionality on behalf of the lotustheoryny.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

 

You are granted a non-exclusive, non-transferable, revocable license to access and use the lotustheoryny.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Lotus Theory that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Lotus Theory or its suppliers and protected by the copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Lotus Theory content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content solely for your personal use, and will make another use of the content without the express written permission of Lotus Theory and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express, or implied, to the intellectual property of Lotus Theory or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

 

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Service only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, talk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the right thereto or have received all necessary consents; upload files that contain viruses, corrupted file, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations. 

 

Lotus Theory has no obligation to monitor the Communication Services. However, Lotus Theory reserves the right to review materials posted to Communication Service and to remove any materials in its sole discretion. Lotus Theory reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Lotus Theory reserves the right at all times to disclose any information as 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 Lotus Theory’s sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Lotus Theory does not control or endorse the content, messages or information found in any Communication Service and, therefore, Lotus Theory specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Lotus Theory spokespersons, and their views do not necessarily reflect those of Lotus Theory NY. 

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to Lotustheoryny.com or Posted on Any Lotus Theory Web Page

 

Lotus Theory does not claim ownership of the materials you provide to the lotustheoryny.com (including feedback and suggestions) or post, upload input or submit to any Lotus Theory Site or our associated services (collectively “Submissions’). However, by posting uploading, inputting, providing or submitting your Submission you are granting Lotus theory, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in the connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Lotus Theory is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Lotus Theory’s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in the section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

International Users

 

The Service is controlled, operated and administered by Lotus Theory from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all the local laws. You agree that you will not use the Lotus Theory Content accessed through lotustheoryny.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

 

Indemnification

 

You agree to indemnify, defend and hold harmless Lotus Theory, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any of a third party, or your violation of any applicable laws, rules or regulations. Lotus Theory reserves the right, at its own cost, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will fully cooperate with Lotus Theory in asserting any available defenses.

 

Arbitration

 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Lotus Theory agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LOTUS THEORY, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

LOTUS THEORY, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LOTUS THEORY, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOTUS THEORY, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOTUS THEORY, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

 

Lotus Theory reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. 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. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lotus Theory as a result of this agreement or use of the Site. Lotus Theory's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lotus Theory’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Lotus Theory with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lotus Theory with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lotus Theory with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

 

Lotus Theory reserves the right, in its sole discretion, to change the Terms under which lotustheoryny.com is offered. The most current version of the Terms will supersede all previous versions. Lotus Theory encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Lotus Theory welcomes your questions or comments regarding the Terms:

Lotus Theory, LLC

434 Mamaroneck Avenue, Suite 104

Mamaroneck, New York 10543

 

Email Address:

justine@lotustheoryny.com

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