Website legal information.
All Rights Expressly Preserved.
Designated trademarks and brands are the property of
their respective owners. 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.
or respective owner(s) of said property
Any and all promotions including the 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.
of 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, public or private 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 use to enter, display,
and use this Site. You agree not to interrupt or attempt to interrupt the
operation of this Site in any way.
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./agents/principles are outside a "federal
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 and is considered to be public knowledge. 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.
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, federal, state, local, laws regulations codes etc.
You will cooperate as fully as reasonably required in Lotus Co. defense of any
claim. Lotus reserves the right, at your 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 Lotus Co. /
agents excluding its conflicts of law rules and United States law and
international treaties governing copyrights in a court of equity with civilian
due process ONLY. 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 court of Lotus Co / agents choosing 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 which leaves Lotus
Co./agents harmless. Each party hereby
waives all rights it has or which may hereafter arise to contest such exclusive
jurisdiction. Parties taking any actions against Lotus Co. / agents, agree to
pay to Lotus Co. an initial legal expense fee of $300,000.00 USD.
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 ARE 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
LOTUS CO. (AND ITS
AFFILIATES) AND THE INFORMATION PROVIDERS SHALL HAVE NO LIABILITY IN TORT,
CONTRACT, OR OTHERWISE (AND 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
This website is for customers and
potential customers of Lotus Co. Monitoring/gathering of information from
this website of any kind by is not allowed and is considered trespassing
and misuse of this website and data.
Do Not Trespass
This website is for use as intended, to
purchase products in the proper way and not for data collection for
other purposes which is trespassing and misuse of this website in which
no liability is accepted for information/data collected in this fashion.
TO ALL PERSONS OFFICERS AND GOVERNMENTAL AGENCIES
INCLUDING BUT NOT LIMITED TO: FEDERAL OFFICERS OF THE IRS, HEW, HUD,
ENVIRONMENTAL, HEALTH, SOCIAL SERVICE WORKERS AND ANY OTHER AGENCIES:
AND ALL LOCAL MEMBERS OF CITY, PLANNING AND ZONING BOARDS.
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 Equity and may only be amended in a writing signed by Lotus
Co. Any party taking legal action against Lotus Co./agents agrees to pay all
costs/fees/fines/expenses claimed by Lotus Co./agents.
The Lotus Co. and its agents may
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.
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
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. Lotus Co / agents assume no liability.
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 Republic of
States of America.
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
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.
All Rights Expressly Preserved, UCC 1-308
If you have any questions or
comments about our personal information practices or about this privacy
statement, please feel free to contact us via