Website Terms and Conditions of Use

Last Undated June 23, 2020

Website Terms & Conditions of use

1. Website Terms and Conditions of use

Welcome to our website (“Website” or “Site”). By using this Website, you demonstrate your agreement to be bound by these Website Terms and Conditions of Use (“Terms & Conditions”) and our Website Privacy Policy (“Privacy Policy”).

Blue Lotus Wellness, LLC and Live Well CBD and Holistics, LLC, doing business as Blue Lotus Botanicals (“Blue Lotus,” “us,” “our,” or “we”) own and manage this Website. You may only use the Website if you can form a binding contract with us, and only if you comply with these Terms & Conditions and all applicable local, state, national, and international laws, rules, and regulations.

We may alter these Terms & Conditions without notice, and your continued use of the Website signifies that you agree to be bound by any future changes. You are encouraged to review these Terms & Conditions at regular intervals to monitor for updates. If you do not agree, you should not use our Website.

Please read these Terms & Conditions carefully.

2. Your access to this Website is governed by these Terms & Conditions.

These Terms & Conditions govern your access to and use of this Website, and any content provided to you on, from, or through our Website, our software, and any applications created by Blue Lotus, whether through a social networking site or through our subsidiaries or affiliated companies. This content is collectively encompassed by references to the Website throughout these Terms & Conditions.

3. Our information collection, use, and disclosure.

Our Website offers publicly available educational and informational resources. By using this Website, you agree to allow Blue Lotus to collect, use, and disclose your information under the terms provided in the Privacy Policy.

4. This Website does not constitute the formation of a provider-patient relationship and does not provide medical advice.

This Website’s content is provided only for informational and educational purposes. The Website’s Content is defined as: text, images, videos, and blogs; content displayed on Blue Lotus’ social media (as “social media” is defined in the Website’s Privacy Policy); information obtained from Blue Lotus’ licensors or third parties; logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to this Website (collectively referenced as the “Content” throughout).

Blue Lotus’ conduct on this Website does not constitute the practice of medicine, mental health counseling, psychology, physical therapy, or any other licensed service. The Website is offered only for educational purposes, based upon our proficiency in, knowledge of, and experience with the topics provided. The Content of the Website does not constitute medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. If you have concerns about any medical condition, diagnosis, or treatment, please make an appointment directly with us or another licensed healthcare provider. In an emergency, call 911. Blue Lotus’ Website should not be utilized as a replacement for current or future medical advice, diagnosis, or treatment.

You acknowledge that visiting Blue Lotus’ Website does not create a provider-patient relationship between you and Blue Lotus or any of our providers, and your visit to this Website does not create any duty for us to follow up with you about any medical condition, diagnosis, or treatment. You acknowledge that you will consult your healthcare provider before considering any of Blue Lotus’ services.

5. The FDA has not evaluated or approved statements regarding CBD-related wellness products.

You understand and acknowledge that the Food and Drug Administration (“FDA”) has not evaluated the statements made about CBD, CBD oil, CBD Vapor, or any CBD derivative products.

The products and content listed on this Website only constitute the opinions of Blue Lotus. They have not been evaluated, recommended, or endorsed by the FDA or any other government organization. These products are not intended to diagnose, treat, cure, or prevent any disease or illness.

Please note: if you are pregnant or think you may be pregnant, please consult your healthcare professional before using CBD products.

6. Hemp Products.

The use of any kind of hemp product does not guarantee you will pass a drug test, as hemp products contain trace amounts of naturally occurring THC, in the same way, that poppy seeds contain trace amounts of opiates, and fruit juice contains trace amounts of alcohol from naturally-occurring fermentation, Use caution when using any hemp product. If failing a drug test is detrimental to you in any way, do not use hemp products, as there is a small risk of failing a drug test.

7. Do not share protected health information via this Website.

We take the privacy and confidentiality of our visitors seriously. Please read our Privacy Policy.

Because we do not store or transmit protected health information (“PHI”) through this Website, our activities as they relate to this Website and its Content do not comply with the Health Insurance Portability and Accountability Act (“HIPAA”).

This means: Unless expressly directed to do so and through a secure HIPAA portal, do not use this Website to provide, transmit, store, or disclose any health information that constitutes PHI. Blue Lotus accepts no affirmative duty to monitor whether you provide, transmit, store, or disclose PHI while using this Website or its Content. If you violate these Terms & Conditions and share PHI through this Website anyway, or if we become aware that you are using, providing, transmitting, storing, or disclosing PHI, we may revoke your access to the Website.

Remember that once you share information online, it may be impossible to make that information private again. If you use, provide, transmit, store, or disclose PHI through this Website, you agree to indemnify Blue Lotus against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) which arise from your use, provision, transmission, storage, or disclosure of PHI.

You are strongly urged to not share PHI through our Website or on our social media unless you do so through a specifically designated HIPAA-compliant and encrypted portal.

8. Your permitted uses of our Website Content.

Unless otherwise expressly stated, Blue Lotus (or its licensors) owns the entirety of the Content on this Website. The Content is protected by United States, state, and worldwide copyright laws and treaty provisions.

A.  Our grant of limited personal license to you.

Blue Lotus hereby grants you a limited, personal, nonexclusive, and nontransferable license to use and display the Content so long as you comply with these Terms & Conditions, and you do not modify, delete, or change any copyright, trademark, or other proprietary notice. Your conduct as it relates to Blue Lotus’ Content is subject to our Terms & Conditions and our Privacy Policy.

Except as provided above, you may not: copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Content, including any trademarks, names, or logos, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory.

Blue Lotus reserves all rights not expressly granted.

9. Rules governing your conduct while visiting this Website.

Blue Lotus has the right, but not the obligation, to monitor all conduct on this Website. You expressly agree that you will not: deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service. You will not use this Website or its Content: for any unlawful purpose; to solicit others to perform or participate in unlawful acts; for any obscene purpose; to violate any regulations, rules, law, or ordinances; to submit false or misleading information; to upload or transmit any viruses or any other type of malicious code that will be used in a way that will affect the functionality or operation of the Website; or to collect or track the personal information of others. We reserve the right to terminate your use of the Website for engaging in such conduct.

10. This Website does not collect information about minors.

If we determine that a visitor is under the age of eighteen, we do not collect personally identifiable information about them without their parent’s or guardian’s legal consent as described in the Client Terms and Conditions of Use and Privacy Policy. If we inadvertently or accidentally encounter personally identifiable information about a child under the age of eighteen, we will not knowingly disclose that information to any third party.

11. Disclaimer of liability and statement of no warranty.

the information on our website IS PROVIDED on an “AS IS” basis. Blue Lotus MAKEs NO REPRESENTATIONS, and NO EXPRESS OR IMPLIED WARRANTIES, WITH RESPECT TO THE CONTENT, or OTHERWISE REGARDING THIS website OR ANY WEBSITE LINKED THROUGH this website.

TO THE FULLEST EXTENT PERMITTED by LAW, Blue Lotus DISCLAIMS ALL express or implied WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

Blue Lotus does not warrant THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THIS WEBSITE OR the CONTENT OF ANY website linked through this website.

Blue Lotus WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

By using this Website, you demonstrate that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on this Website, and we reserve the right to correct any errors or inaccuracies at any time without prior notice. Blue Lotus is not responsible for any errors or omissions in the information provided.

A.  We are not responsible for any Website visitors’ damages.

By using this Website, you agree that Blue Lotus is not responsible to you or others for any loss or damage that results from your use (or nonuse) of this Website or any linked third party’s website. These potential losses or damages include, but are not limited to: direct, indirect, special, consequential, compensatory, or incidental damage; lost profits or data; damage to your computer resulting from viruses; loss of or damage to other property; claims of third parties; or penalties resulting from copying or displaying this Website.

Blue Lotus is not responsible for these consequences, regardless of whether we have been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Blue Lotus is to stop using this Website. Without limiting the preceding paragraphs, you expressly release Blue Lotus from any responsibility and/or liability relating to your use of this Website, linked websites, or information contained in this Website or linked websites.

12. Information that you provide via this Website.

A.  Our right to monitor activity on our Website.

We have the right, but not the duty, to monitor your use of this Website, including any information you provide through it. Although we perform regular routine backups of data, you are responsible for the information that you send, submit, provide through our Website, or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. You agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invasive of another’s privacy, or violative of any law or confidentiality agreement.

We may or may not affirmatively monitor the information provided through this Website, but if such information is brought to our attention, we may edit, delete, modify, or ban the information, and/or take legal action against you.

B.   Your consent to electronic communications.

If you provide Blue Lotus with your email address, you consent to receive unencrypted and unsecured email communications from us. You agree that any notices, agreements, disclosures, or other communications that we send you via email satisfy any legal communication requirements.

Any information that you provide to Blue Lotus or by email may be misdirected or intercepted by unintended recipients. Therefore, email may not be a confidential means of communication. If you have confidentiality concerns, please do not transmit any sensitive or confidential information to us via email.

13. Links to third-party Websites.

This Website may occasionally provide links to third-party websites. By clicking on these links, you agree that we cannot control the information presented on such third-party websites and are thus not responsible if you choose to follow those links. Although we may use third-party websites in the provision of our telehealth services, such websites are not maintained by, nor are they related to, Blue Lotus.

By clicking on such links, you agree that we are not responsible for their content, regardless of whether your access is provided by Blue Lotus or by another third party. We do not guarantee the accuracy, timeliness, or suitability of the content of any third-party website.

Any links that we provide to third-party websites should not be construed as endorsements of the products, services, or sponsoring organization of that linked website. Your sole and exclusive remedy for claims arising from any such third-party products or services is against that third party. Blue Lotus is not responsible for these claims.

A.  Third-party websites may link to this Website.

Blue Lotus hereby grants third-party websites the limited right to link to its Website. This limited license does not permit third-party websites to use “framing” technology to capture Blue Lotus’ Content, and it does not permit any activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation. If your website provides a link to this Website, please notify Blue Lotus within 72 hours of placing such link. You agree to remove the link and any reference to Blue Lotus if we make such a request, and you agree to comply with such requests within 24 hours.

14. Do not submit ideas, suggestions, or other Creative Material.

Do not send us any ideas, suggestions, materials, concepts, or other information (collectively “Creative Material”), unless we ask you to do so. If you violate these Terms & Conditions, any Creative Material that you send to us will become Blue Lotus’ property. This means that we will have unrestricted use of the Creative Material for our personal and commercial purposes. Regardless of how we use that Creative Material, you will not be compensated, and we will not be liable to you or to any other person involved with developing the Creative Material.

If you send Creative Material to Blue Lotus, you agree: that you waive your rights to the Creative Material; that the Creative Material is original to you; that you have the right to submit the Creative Material to us; and that you have no recourse against Blue Lotus for any alleged or actual infringement or misappropriation of any proprietary right in any Creative Material. We are not obligated to maintain the confidentiality of any Creative Material. Blue Lotus further disclaims any liability that may result from its disclosure of any Creative Material which is submitted in violation of its policy.

You further agree not to: send us any Creative Material that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information; send us an unreasonably large amount of Creative Material that overloads or burdens our servers, or otherwise interferes with or inhibits any other user from using or enjoying this Website; send us any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications; access, use, or copy any portion of the Content using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or impersonate another person or allow any other person or entity to use your identity while interacting on Blue Lotus’ social media, as defined in its Privacy Policy.

15. Your agreement to indemnify Blue Lotus.

You agree to indemnify Blue Lotus against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third party’s claims that relate to your use of this Website.

16. Our operation of this Website.

We make all reasonable efforts to keep this Website operational and available. These efforts are subject to scheduled maintenance, unscheduled maintenance, and systems outages. We do not provide any assurance or warranty that: access will always be available; service will be uninterrupted; its operation will be error-free; any defects will be corrected; or that our Website’s servers are free from viruses or other harmful components. You agree to assume the entire cost of servicing, repairing, or correcting your property as might be necessitated by your use.

17. Online privacy and Communications.

A.  Compliance with online communications privacy laws.

We strive to comply with all applicable laws concerning online communications privacy. However, your use of this Website signifies your acknowledgment that the internet is neither more nor less secure than other communications media, including mail, fax, and telephone services, all of which can be intercepted or otherwise compromised.

We encourage you to assume that all internet communications may be non-secure and to exercise caution when sharing information about your health.

To learn more about how we maintain the privacy and security of our Website visitors, please read the Privacy Policy.

18. Our proprietary rights to this Website.

A.  Copyright and trademark protections.

This Website’s Content is protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws. By using the Website, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Your use of the Content for any purpose that is not expressly permitted by these Terms & Conditions is prohibited.

B.   No reproduction of this Website’s Content.

Reproduction, replication, or redistribution of any of the Content for commercial purposes is prohibited.

19. Disclaimer for visitors’ health or injuries.

A.  Waiver of claims against Blue Lotus.

You understand that Blue Lotus is not responsible for any injuries that you sustain through its Content. You expressly waive any claim for any injury at any time against Blue Lotus, or any person or entity involved with Blue Lotus, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.

B.   No warranty or guarantee of outcome.

Blue Lotus works to provide accurate information on this Website. However, we may include testimonials and/or examples on this Website from persons whose health concerns are distinct from yours. These are not guarantees that you will achieve comparable results by undertaking a comparable program. Your results will depend upon your personal background, effort, overall health, medical history, providers, and many other factors that are beyond the scope contemplated by this Website.

Blue Lotus DOES NOT guarantee or warrant that you will have any specific result.

20. Intellectual property infringement.

A. Notifications.

Blue Lotus respects intellectual property rights. If you believe that information on our Website constitutes a copyright or trademark infringement, please provide our Designated Copyright Agent using the contact information provided below with the following information: (1) the claimed infringement; (2) reasonably sufficient information to allow us to locate the claimed infringement on the Website; (3) the owner or complaining party’s contact information, including name, address, and email address; (4) the owner’s signature; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury, that the information is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to a valid DMCA takedown notice, Blue Lotus will notify you if we have removed copyright protected material.

Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

B. Counter Notification.

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”).

To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Click here for our Designated Copyright Agent and DMCA & Trademark Policy

21. No assignment of Terms & Conditions.

Blue Lotus may assign or transfer these Terms & Conditions or licenses without notice. However, they are not transferable by you to others.

22. Enforcement of Terms & Conditions.

A.  Conflicts governed by Florida law.

Any adversarial proceedings which arise out of these Terms & Conditions will be governed by the laws of the State of Florida without giving effect to its principles of conflicts of law. If a Website visitor takes legal action against us relating to these Terms & Conditions, our Privacy Policy, or that visitor’s interactions with or relationship to Blue Lotus, that visitor agrees to file such action only in the state and federal courts located in the State of Florida in Orange County.

B.   Treatment of unenforceable provisions.

By using this Website, you agree that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded. You agree that, if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these Terms & Conditions will remain in effect as written. And you agree that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

C.  Validity of waivers of these Terms & Conditions.

Any waiver of these Terms & Conditions or our Privacy Policy is valid only if it is in writing and signed by a principal of Blue Lotus. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.

D.  Entirety of the agreement between visitors and Blue Lotus.

These Terms & Conditions and our Privacy Policy constitute the entire agreement between you and Blue Lotus relating to this Website. They do not, however, create any relationship between you and Blue Lotus beyond that which is contemplated in these policies.

E.   Amendments & modifications to these Terms & Conditions.

Blue Lotus may amend or update the Website, these Terms & Conditions, or its Privacy Policy at any time without prior notice. If you use this Website after any changes, you demonstrate your agreement to be bound by the changes.

23. Affiliates disclaimer.

Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, we reserve the right to provide links on this Website that may be affiliated links. This means that Blue Lotus may be paid if you purchase products or services through affiliates’ links.

Blue Lotus only provides affiliated links for products or services that its principals have personally used and believe will add value to its visitors.

24. User Representations.

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

25. User Registration.

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

26. Products.

We make every effort to display as accurately as possible the specifications and details of the products available on the Site. However, we do not guarantee that the specifications and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

27. Purchases and Payments.

We accept the following forms of payment:

-Visa

-Mastercard

-American Express

-Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. Except where noted otherwise, the prices displayed for our products represent the full retail price listed on the product itself. We cannot confirm the full price of any item until you complete the online order form as this will resolve the issues of relevant taxes and shipping and handling as and where applicable. Be aware that your credit card is not billed until after your order has entered the shipping process.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

28. Prohibited Activities.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. use a buying agent or purchasing agent to make purchases on the Site.
  4. use the Site to advertise or offer to sell goods and services.
  5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  6. engage in unauthorized framing of or linking to the Site.
  7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  8. make improper use of our support services or submit false reports of abuse or misconduct.
  9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  11. attempt to impersonate another user or person or use the username of another user.
  12. sell or otherwise transfer your profile.
  13. use any information obtained from the Site in order to harass, abuse, or harm another person.
  14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  18. delete the copyright or other proprietary rights notice from any Content.
  19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  24. use the Site in a manner inconsistent with any applicable laws or regulations.

29. User Generated Contributions.

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. your Contributions are not false, inaccurate, or misleading.
  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. your Contributions do not violate any applicable law, regulation, or rule.
  10. your Contributions do not violate the privacy or publicity rights of any third party.
  11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits anyone under the age of 18 or any person of any age in a sexual or violent manner.
  12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. your Contributions do not include any offensive comments that are connected to age, race, national origin, gender, sexual orientation, gender identity, cognitive or mental handicap or condition, or physical handicap or condition.
  14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

30. Contribution License.

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

31. Guidelines for Reviews.

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

(1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, gender identity, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

32. Mobile Application License.

A.  Use License.

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.

You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

B. Apple and Android Devices.

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

33. Social Media.

As part of the functionality of the Site, we may, at our sole discretion, offer you the ability to link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.

You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

34. Submissions.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

35. Advertisers.

We may, in our sole discretion, allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

36. Site Management.

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

37. Term and Termination.

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

38. Modifications and Interruptions.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

39. Governing Law.

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.

40. Dispute Resolution.

A. Informal Negotiations.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

B. Binding Arbitration.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Orange County, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Orange County, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

C. Restrictions.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

D. Exceptions to Informal Negotiations and Arbitration.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

41. Corrections.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

42. California Users and Residents.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

43. Your agreement and acknowledgment.

By your continued use of Blue Lotus’ Website, you understand and acknowledge that you have read the Terms & Conditions, and you agree to be bound to the

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