TERMS OF SERVICE
Last Updated: September 1, 2019
LotusEd, Inc. (“LotusEd,” “we,” “us,” or “our”) offers educational classes. These Terms of Service (“Terms”) govern your use of our website located at https://lotused.com (the “Site”).
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, OR THE SERVICE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, PURCHASING A PRODUCT, AND/OR MERELY BROWSING THE SITE YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH LOTUSEDS, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE COMPANY YOU REPRESENT, AND TO BIND THAT COMPANY TO THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE, OR THE SERVICE.
PLEASE BE AWARE THAT THE DISPUTE RESOLUTION SECTION OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF FLORIDA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICE.
Certain features of the Service may be subject to additional guidelines, terms or rules, which will be posted in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms. In the event of a conflict between the additional terms or any other agreement and any provision in these Terms, the additional terms will prevail, but only with respect to the portion of the Service to which the additional terms apply.
Terms May Change
These Terms are subject to change over time in LotusEd’s sole discretion. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on our Site at www.lotused.com/terms-of-service and update the Last Updated date at the top of these Terms. If we make any material changes to these Terms and you have a Member Account, we will send an e-mail to you at the last e-mail address you provided to us pursuant to these Terms. Any changes to these Terms will be effective immediately for new users of the Service and will be effective thirty (30) calendar days after sending notice of such changes for existing users. LotusEd may require you to provide consent to the updated Terms in a specified manner before further use of the Service is permitted. If you do not agree to any changes after receiving a notice of such changes, you must stop using the Service immediately and you are no longer authorized to use the Service. Otherwise, your continued use of the Service constitutes your acceptance of such changes. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
Use of the Service
Who Can Use LotusEd?
You may use the LotusEd Service if you are over 18 years of age and are not barred from receiving services under applicable law.
In order to use certain features of the Service, you must create an account (“Account”) by registering with us. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You agree not to create an Account or use the Service if you have been previously removed by us or banned from any of the Service. You represent that you are (a) at least eighteen (18) years old; (b) of legal age to form a binding contract; and (c) not a person barred from using the Service under the laws of the United States, your place of residence or any other applicable jurisdiction. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. We reserve the right in our sole discretion to suspend or terminate your Account and/or refuse any and all current or future use of the Service (or any portion thereof) at any time for any reason. You agree that neither LotusEd, nor our affiliates, suppliers or licensors, will be liable to you or to any third-party for any suspension or termination of your Account or any refusal of any use of the Service (or any portion thereof). LotusEd reserves the right in their sole discretion to remove any content that you provide and/or upload to the Service at any time for any reason, including, but not limited to, information you provide for your user profile. You agree that neither LotusEd, nor its affiliates, suppliers or licensors will be liable to you or to any third-party for such removal.
You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of your Account by minors. You agree to immediately notify LotusEd of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Neither LotusEd nor its affiliates, suppliers or licensors will be liable for any loss or damage arising from your failure to comply with the above requirements.
You may also link your Account with certain third-party social networking services, including Facebook, (each an “SNS Account”) by either (1) providing your SNS Account login information to LotusEd; or (2) allowing LotusEd to access your SNS Account, if either or both methods of access are permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to LotusEd and grant LotusEd access to your SNS Account without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating LotusEd to pay any fees or making LotusEd subject to any usage limitations imposed by such third-party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL NETWORKING SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH SOCIAL NETWORKING SERVICE PROVIDERS.
You must provide all equipment and software necessary to connect to the Service, including but not limited to, a mobile device that is suitable to connect with the site. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.
No Support or Maintenance; Updates
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Service. You agree that we are not obligated to create or provide any corrections, updates, upgrades, bug fixes, and/or enhancements of the Service (each an “Update”). These Updates may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update.
Ownership and License
“LotusEd Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the LotusEd Service to you. The Site, the LotusEd Content, the LotusEd Service and its underlying technology are subject to protection under trademark, patent, intellectual property, and other laws throughout the world. Excluding any User Content (defined below) that you may provide, you acknowledge and agree that the foregoing are and will remain the sole property of LotusEd and its affiliates, suppliers and licensors and all the intellectual property rights in the foregoing are owned by LotusEd and its affiliates, suppliers and licensors. LotusEd name, logo, and the product names associated with the Service belong to LotusEd or its affiliates, suppliers or licensors, and no right or license is granted to use them by implication, estoppel or otherwise. Neither these Terms nor your use of or access to the Service transfers to you or any third-party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth below. LotusEd and its affiliates, suppliers and licensors and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. You agree not to remove, change or obscure any trademark, service mark or other proprietary rights notices incorporated in or accompanying the LotusEd Service or Products.
Subject to these Terms, LotusEd grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license, solely for your personal, noncommercial use (and not for relicense, resale or distribution) to access, view and reproduce certain portion the LotusEd Content.
When you use the Service on a mobile device, we may also collect location information from the GPS functionality on your device. You hereby authorize us, our suppliers and licensors and the Service to take such actions and access such data. You can grant or revoke your consent at any time by changing the settings on your device.
As a part of the Service, you may have access to materials that are hosted by another party. LotusEd is not responsible for and does not control such materials. LotusEd has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to such materials. You use all such materials at your own risk
“User Content” means any and all information and content that a user submits to, or uses with, the Service. You are solely responsible for your User Content. You assume all risks associated with use of your User Content. You understand that we do not guarantee any confidentiality with respect to your User Content. You hereby represent and warrant that your User Content does not violate the restrictions set forth below. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the restrictions set forth below. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. Neither LotusEd nor its affiliates, suppliers or licensors will have any responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service. You acknowledge that we have no obligation to pre-screen User Content, although we reserve the right in our sole discretion to pre-screen, refuse, or remove any User Content at any time for any reason. PLEASE MAKE SURE THAT YOU ONLY PROVIDE INFORMATION TO THE SERVICE THAT YOU ARE ALLOWED TO PROVIDE WITHOUT VIOLATING ANY OBLIGATIONS YOU MIGHT HAVE TOWARDS A THIRD-PARTY, INCLUDING ANY CONFIDENTIALITY OBLIGATIONS. PLEASE DO NOT PROVIDE ANY INFORMATION THAT YOU ARE NOT ALLOWED TO SHARE WITH OTHERS, INCLUDING BY CONTRACT OR LAW; PLEASE NOTE THAT CERTAIN INFORMATION YOU PROVIDE MAY BE ACCESSIBLE BY USERS OF THE SERVICE.
We do not claim any ownership of your User Content. By making available your User Content on or in the Service, you represent that you own or have all rights necessary to make available your User Content to us.
You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (in whole or in part) solely for the purposes of including your User Content in the Service and operating, providing and promoting the Service. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise commercially exploit the LotusEd Content, LotusEd Service or any portion thereof, except as expressly permitted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the LotusEd Service: (1) use, display, mirror or frame the LotusEd Service or any individual element within the LotusEd Service, LotusEd’s name, any LotusEd trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without LotusEd’s express written consent; (2) access or tamper with non-public areas of the LotusEd Service, LotusEd’s computer systems, or the technical delivery systems of LotusEd’s providers; (3) test the vulnerability of any LotusEd system or breach any security or authentication measures; (4) circumvent any technological measure implemented by LotusEd or any of LotusEd’s providers or any other third-party (including another user) to protect the LotusEd Service or LotusEd Content; (5) access the LotusEd Service or Hi LotusEd drate Content through the use of any mechanism other than through the use of an Authorized Connection.
You agree not to use (i) take any action or (ii) make available any User Content on or through the Service that: (A) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, harmful, defamatory, trade libelous, deceptive, fraudulent, false, intentionally misleading, tortious, or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (C) in violation of any laws, or obligations or restrictions imposed by any third-party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) use the Service to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service.
Our Enforcement Rights; Interactions with Other Users
We are not obligated to monitor access or use of the LotusEd Service, LotusEd Content, or User Content or to review or edit any LotusEd Content or User Content, but we have the right to do so for the purpose of operating the LotusEd Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the LotusEd Service, any LotusEd Content, or User Content at any time and without notice, and at our sole discretion, if we determine that the LotusEd Content, User Content, or your use of the LotusEd Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the LotusEd Service.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service; provided, however, that LotusEd reserves the right, but has no obligation, to intercede in such disputes. You agree that LotusEd will not be responsible for any liabilities incurred as the result of such interaction.
Use The LotusEd Service At Your Own Risk
Our goal is to provide helpful and accurate information via the LOTUSED Service. HOWEVER, WE MAKE NO ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND ABOUT ANY LOTUSED CONTENT, INFORMATION, SERVICES OR RECOMMENDATIONS. THE ACCURACY OF THE DATA COLLECTED AND PRESENTED THROUGH THE LOTUSED SERVICE.
WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH THE LOTUSED SERVICE. MAPS, INCLUDING DATA RELATING TO YOUR CURRENT LOCATION, MAY BE UNAVAILABLE, INACCURATE OR INCOMPLETE. IF YOU RELY ON ANY LOTUSED CONTENT OR THE LOTUSED SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
If you submit comments, suggestions, proposals, ideas, product improvements, future product ideas, or feedback to us (“Feedback”), you agree that we can use them without any restriction or compensation to you in any manner it deems appropriate. Any submission is at your own risk and that LotusEd has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by LotusEd, or obtained from sources other than you. You represent and warrant that you have all rights necessary to submit the Feedback.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by LotusEd and its partners. It is your responsibility to carefully review those terms and conditions.
You Agree to Receive Alerts And Notifications
As part of your use of the LotusEd Service, you may receive notifications, text messages, alerts, or emails. You consent to the receipt of these communications. You can control receipt of non-service related communications from your Account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier. At any time, you may text STOP to cancel text messages or HELP for customer support information. We will not be liable for any delays in the receipt of any text messages as delivery is subject to effective transmission from your mobile service operator.
We Are Not Responsible For Third-Party Links On The LotusEd Service
The LotusEd Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Links & Ads”) that are not under LotusEd’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Links & Ads. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Links & Ads. When you click on any of the Third-Party Links & Ads, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Third-Party Product and Services That You Link With Your Account
Changes To The LotusEd Service
LotusEd reserves the right modify, suspend or discontinue, temporarily or permanently, any feature or component of the LotusEd Service at any time without notice. You agree that neither LotusEd nor its affiliates, licensors and suppliers will be liable to you or to any third-party for any modification, suspension or discontinuance of any feature or component of the LotusEd Service.
You hereby release and forever discharge LotusEd and its affiliates, officers, employees, agents, partners, suppliers and licensors (each, an “LotusEd Party”, and collectively, the “LotusEd Parties”) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Payments Made Through the Site
LotusEd’s fees are net of any applicable Sales Tax. If payments for the Products are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to LotusEd, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify LotusEd for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that LotusEd is permitted to pass to its customers that is) the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
You agree to make all payments of fees to LotusEd free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to LotusEd will be your sole responsibility, and you will provide LotusEd with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
Descriptions, images, references, features, content, specifications, prices, and availability of any Products are subject to change without notice, and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products on the Site at a particular time does not imply or warrant that these Products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Site. By placing an order, you represent that the Products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product; to honor or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any Product.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order, we will not charge you at the time the order is placed. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Subject to this Section, these Terms will remain in full force and effect while you use the Service. You may terminate your Account at any time, for any reason, by following the instructions on the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms without notice or liability to you. Upon any such termination, we may delete your User Content and other information related to your Account. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. Upon any termination, discontinuation or cancellation of the LotusEd Service or your Account, the provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, and limitations of liability.
UNLESS EXPRESSLY AGREED TO BY LOTUSED ELSEWHERE IN WRITING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LOTUSED SERVICE AND LOTUSED CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, LOTUSED FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LOTUSED DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF SERVICE OR THAT ANY RESULTS WILL BE ACCURATE OR RELIABLE. WE MAKE NO WARRANTY THAT THE LOTUSED SERVICE OR LOTUSED CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE LOTUSED SERVICE OR ANY LOTUSED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT IF YOU RELY ON ANY LOTUSED CONTENT OR THE LOTUSED SERVICE, YOU DO SO SOLELY AT YOUR OWN DISCRETION RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND LOTUSED DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICE.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. LOTUSED MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT THE LOTUSED PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE LOTUSED PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
LOTUSED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH OR IN CONNECTION WITH THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY PRODUCTS AND SERVICES CONNECTED THROUGH THE SERVICE) OR ANY THIRD-PARTY LINKS & ADS, AND LOTUSED WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
You agree to indemnify and hold the LotusEd Parties harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of or inability to use the LotusEd Service, (ii) User Content, (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms or the Bulk Terms, if applicable, (iv) your violation of applicable laws or regulations; or (v) your violation of any rights of another party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of the applicable LotusEd Party. LotusEd will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This provision does not require you to indemnify any of the LotusEd Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site any Service provided hereunder.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE LOTUSED PARTIES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE BULK TERMS, OR FROM THE PURCHASE OF OR USE OF OR INABILITY TO USE THE LOTUSED SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOTUSED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL LOTUSED’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE BULK TERMS, OR FROM THE PURCHASE OF OR USE OF OR INABILITY TO USE THE LOTUSED SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO LOTUSED.
THE LOTUSED PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOTUSED AND YOU.
If for any reason you are not satisfied with a purchase you make on the Site, please return it in accordance with the terms of our return policy or limited warranty, as applicable.
Procedure for Making Claims of Copyright Infringement
It is LotusEd’s policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to LotusEd by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for LotusEd’s Copyright Agent for notice of claims of copyright infringement is as follows: [LotusEd Inc, 1620 S Ocean Blvd, #10A, Pompano Beach, FL 33062]
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Arbitration Agreement carefully. It is part of your contract with LotusEd and affects your rights. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site, to any products sold or distributed through the Site, or to any aspect of your relationship with LotusEd, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or LotusEd may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms or any prior version of these Terms.
1.1 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Paul Goldman at the Company’s address.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and LotusEd. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND LOTUSED HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and LotusEd are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of Florida. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: firstname.lastname@example.org, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your LotusEd username (if any), the email address you used to set up your LotusEd account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in subsection Waiver of Class or Other Non-Individualized Relief, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this arbitration agreement and the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with LotusEd.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if LotusEd makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30 days of such change becoming effective by writing LotusEd at the following address: email@example.com.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between LotusEd and you regarding the LotusEd Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between LotusEd and you regarding the LotusEd Service and LotusEd Content. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Your relationship to LotusEd is that of an independent contractor, and neither party is an agent or partner of the other.
You may not assign or transfer these Terms, by operation of law or otherwise, without LotusEd’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. LotusEd may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by LotusEd under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the LotusEd Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted. The communications between you and LotusEd use electronic means, whether you use the Service or send us emails, or whether LotusEd posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from LotusEd in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that LotusEd provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from LotusEd, or any products utilizing such data, in violation of the United States export laws or regulations.
LotusEd is located at the address set forth below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Neither LotusEd nor its suppliers or licensors will be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.
LotusEd’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LotusEd. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
1620 South Ocean Blvd, Suite 10A
Pompano Beach, FL 33062-7717
Please contact us if you have any questions about these Terms.