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 Website legal information
Lotus Web content statement: Any and all
material on this website is considered property of Lotus Co. and is all
copyrighted material and my not be, linked to, copied, published (printed or web
site) or used in any fashion without the express written permission by Lotus Co.
Promotion(s)
All promotions including the 2 for 1 promotion are only available for addresses inside the
United States including U.S. Territories, U.S. Military. Not
available with any
discounts/offers unless otherwise specified.
Your Right to Use
the Site and Its Contents
This Site is only for your
personal use. You may not distribute, exchange, modify, sell, or transmit
anything from this Site, including but not limited to any text, images,
audio, and video, for any business, commercial, or public purpose. As long as
you comply with the terms of these Terms and Conditions of Use, Lotus
Co.
grants you a non-exclusive, non-transferable, limited right to enter, display,
and use this Site. You agree not to interrupt or attempt to interrupt the
operation of this Site in any way.
Ownership
All materials on this Site,
including but not limited to audio, images, software, text, and video clips (the
"Content"), are protected by copyright under U.S. copyright law, international
conventions, and other copyright laws. You cannot use the content, except as
specified herein. You agree to follow all instructions on this Site limiting the
way you may use the Content. There are a number of proprietary logos, service
marks, and trademarks found on this Site. By making them available on this Site,
Lotus Co. is not granting you any license to utilize those proprietary logos,
service marks, or trademarks. Any unauthorized use of the Content may violate
copyright laws, trademark laws, the laws of privacy and publicity, and civil and
criminal statutes. Also materials found on this web site are not to be assumed
as being owned by Lotus Co.
Lotus Co. Right
to Change These Terms and Conditions of Use or Content on the Site
Lotus Co. may add to, change, or remove any part of
these Terms and Conditions of Use at any time, without notice. Any changes to
these Terms and Conditions of Use or any terms posted on this Site apply as soon
as they are posted. By continuing to use this Site after any changes are posted,
you are indicating your acceptance of those changes. Lotus may add, change,
discontinue, remove, or suspend any other Content posted on this Site, including
features and specifications of products described or depicted on the Site,
temporarily or permanently, at any time, without notice and without liability.
Indemnification
You agree to indemnify, defend,
and hold Lotus and all of its agents, directors, employees, information
providers, licensors and licensees, officers, and parent (collectively,
"Indemnified Parties"), harmless from and against any and all liability and
costs (including, without limitation, attorneys' fees and costs), incurred by
the Indemnified Parties in connection with any claim arising out of any breach
by you of these Terms and Conditions of Use or the foregoing representations,
warranties, and covenants. You will cooperate as fully as reasonably required in
Lotus Co. defense of any claim. Lotus reserves the right,
at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you and you shall not in any event
settle any matter without the written consent of Lotus Co.
The rights
and obligations under this Agreement shall be governed by the laws of the State
of California excluding its conflicts of law rules and United States law and
international treaties governing copyrights. The application to this Agreement
of the United Nations Convention on Contracts for the International Sale of
Goods is hereby expressly excluded. The parties hereby consent and agree that
the United States District Court for the Central District of California,
Southern Division or the Orange County Superior Court will have exclusive
jurisdiction over any legal action or proceeding arising out of or relating to
this Agreement, and each party consents to the personal jurisdiction of such
courts for the Purpose of any such action or proceeding. Each party hereby
waives all rights it has or which may hereafter arise to contest such exclusive
jurisdiction.
All information contained herein is obtained by Lotus Co. from sources believed to be accurate and reliable. Because of the
possibility of human and mechanical error as well as other factors, NEITHER
LOTUS CO. NOR THE INFORMATION PROVIDERS IS RESPONSIBLE FOR ANY ERRORS OR
OMISSIONS. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
LOTUS CO. AND THE INFORMATION PROVIDERS MAKE NO REPRESENTATIONS AND DISCLAIM ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND TO THE USER AND/OR ANY
THIRD PARTY INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO ACCURACY,
TIMELINESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE.
UNLESS DUE TO WILLFUL TORTUOUS MISCONDUCT OR GROSS NEGLIGENCE, LOTUS CO. (AND ITS
AFFILIATES) AND THE INFORMATION PROVIDERS SHALL HAVE NO LIABILITY IN TORT,
CONTRACT, OR OTHERWISE (AND AS PERMITTED BY LAW, PRODUCT LIABILITY), TO THE USER
AND/OR ANY THIRD PARTY.
UNDER NO CIRCUMSTANCE SHALL LOTUS CO. (AND ITS AFFILIATES) OR THE INFORMATION
PROVIDERS BE LIABLE TO THE USER AND/OR ANY THIRD PARTY FOR ANY LOST PROFITS OR
LOST OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE
DAMAGES WHATSOEVER, EVEN IF LOTUS CO. HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Some U.S. states and foreign countries provide rights in addition to those
above, or do not allow excluding or limiting implied warranties, or liability
for incidental or consequential damages. Therefore, the above limitations may
not apply to you or there may be state provisions that supersede the above. Any
clause declared invalid shall be deemed severable and not affect the validity or
enforceability of the remainder. These terms are governed by the laws of the
State of California and may only be amended in a writing signed by Lotus
Co.
The Lotus Co. and its employees
cooperate fully with US Law enforcement in the supplying of information and
cooperation other than information gathered by credit processing companies Lotus
does business with that Lotus does not maintain.
Security
While Lotus Co. cannot guarantee that unauthorized
access will never occur; rest assured that Lotus Co. takes great care in
maintaining the security of your personal information and in preventing
unauthorized access to it through the use of appropriate technology and internal
procedures.
Affiliation
Lotus Co. and any of its representatives claim or have any further
dealings/liability with the company Clear Lotus Creations. Although Lotus Co was
formed from Clear Lotus Creations
there is no legal
affiliation or connection between the two. Clear Lotus Creations is no longer in
operation and warranty/liability/debits are no longer in effect. Any Clear Lotus
Creations products should be discarded, although safe for use, these products
are no longer in their optimal life span. Lotus Co. does however offer some
similar products to that of the former Clear Lotus Creations.
Notice To/Regarding Children Under the Age of 13
If you are under 13 years of age, you should not provide
any personally identifiable information (for example, your last name, home
address or e-mail address) on these sites without the knowledge and permission
of your parent or guardian. If Lotus Co. learns that you
are under 13 years of age, Lotus Co. will not maintain or use any personally
identifiable information about you without the verifiable consent of your parent
or guardian, except as allowed by law. This may mean that you will be unable to
participate in some activities on the sites without that verifiable consent.
Lotus Co. believes that children using the Internet
require special protection, and we urge parents or guardians to explain Internet
safety to their children. Parents are urged to spend time online with their
children to become familiar with the types of content available on the Lotus Co.
websites and the Internet in general. Control tools are available from online
services and software manufacturers to help create a safer environment for
children.
Consent to Processing
By providing any personal information to the Lotus Co. websites, all users, including without limitation users
in the member states of the European Union, fully understand and unambiguously
consent to the collection and processing of such information in the United
States of America.
Policy Governs Use; Changes to Privacy Policy
The terms of this policy will govern the use and any
information collected while it is in place. Lotus Co.
reserves the right to change this policy at any time, so please re-visit this
page as often as you wish. Changes to this privacy policy are effective at the
time they are posted to this Site. Lotus Co. has the right to change, modify, or
otherwise manipulate this policy at any given time and for any reason and it can
institute changes without notice.
Questions
If you have any questions or
comments about our personal information practices or about this privacy
statement, please feel free to contact us via
E-mail.

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