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Access to and use of Lotus Institute of Integrative Medicine (“LIIM”) website, www.elotus.org, (the “Site”) is governed by the terms and conditions (“Terms and Conditions”) set forth below, as well as any applicable laws, statutes, ordinances and regulations. By accessing this Site, you agree to be bound by these Terms and Conditions. If you do not agree to each of these Terms and Conditions, please do not use this Site. Each time you use the Site, the current version of these Terms and Conditions will govern your use.
1. Copyright and Trademark Rights
All material/information located on the Site, including, but not limited to, the text, graphics, trademarks, and all audible, visual, and downloadable materials, as well as the selection, organization, coordination, compilation, and overall look and feel of the Site (collectively, the “Content”) are the property of LIIM and are protected by copyright, trademark and other intellectual property laws. Any copying, redistribution, retransmission, publication, uploading or modification, in any form and by any means, of any of the Content is strictly prohibited without the express written consent of LIIM.
2. Registration, Account and Password
To access some of the features on this Site, you are required to establish an account using the online registration form. Registration entitles you to use the Site for an unlimited period of time; however, LIIM reserves the right to terminate your account at any time.
Upon registration, you agree to be responsible for: (i) maintaining the confidentiality of your password or other account identifiers which you choose and (ii) all activities that occur under your password or account. You agree to immediately notify LIIM of any unauthorized use our your password or account or any other breach of security, and make sure that you exit from your account at the end of each session. LIIM shall not be responsible or liable, in any way, for any loss or damage arising from your failure to comply with this section.
3. User Content
By using this Site, you agree that any information or material you provide, excluding personally identifiable information about yourself, including but not limited to questions, comments, suggestions, content, or education material, either via the Site's forum, blog, email, comment section, or any other means, will be treated as non-confidential and non-proprietary by LIIM. You grant LIIM a non-exclusive, perpetual, worldwide, royalty-free right to display, reproduce, modify, publish, broadcast, edit, distribute, perform, such material, in whole or in part, in any form, media, or technology.
Please note that due to the nature of the Internet and digital media, data transmitted – including your content – cannot be protected against the risks of misappropriation and/or piracy, for which LIIM shall not be liable. You are responsible for taking all appropriate steps to protect your content, where applicable.
4. Links to Other Websites
As a convenience to you, this Site may contain links to websites operated by other entities. Please be aware that LIIM is not responsible for the content, functionality, or privacy practices of these websites; nor does it constitute an endorsement of the products, content, materials, information presented or made available by these sites. If you decide to visit any of these sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You acknowledge and agree that LIIM is not responsible for any damages or losses of you or any other person caused or alleged to have been caused by your use of any of these sites, or from the products, content, material or information presented by or available through these sites.
5. Limitation of Liability
LIIM is under no legal obligation to monitor content transmitted via or stored on the Sites by you or other users. Although LIIM may, from time to time, monitor, review and/or delete discussions, articles, chats, postings, transmissions, photographs, videos and other user and member generated content on the Site, LIIM is under any obligation to do so. You acknowledge and agree that any discussions, articles, chats, postings, transmissions, photographs, videos, opinions, advice, statements, services, offers or other user and member generated content on the Site are those of their respective authors who are solely liable for their content. LIIM and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any content submitted to or posted on the Site.
Our only obligation as host concerns responding to certain content that has been brought to our attention.
YOU AGREE THAT YOUR USE OF THE SITES SHALL BE AT YOUR SOLE RISK AND LIABILITY. THE SITE IS PROVIDED TO YOU “AS IS.” LIIM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. LIIM ALSO DISCLAIMS ALL WARRANTIES, TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR THE CONTENT PRESENT ON THE SITES, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON THE SITES. LIIM MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE OR ITS SERVICES OR TECHNOLOGY, IN WHOLE OR IN PART, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, INCLUDING WITH RESPECT TO THE DELIVERY OF YOUR CONTENT AND/OR ANY LIMITATIONS ON YOUR OR ANY OTHER USERS’ ABILITY TO ACCESS, VIEW OR USE YOUR CONTENT OR ANY OTHER CONTENT, OR THAT ANY INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT IN NO EVENT WILL LIIM OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITES, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, BUT WITHOUT LIMITATION TO, A NEGLIGENT ACT, SHALL LIIM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT WITHOUT LIMITATION TO, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, REGARDLESS OF WHETHER LIIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIIM RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OR SUCH CHANGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIIM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless LIIM, its officers, affiliates, employees, representatives, and agents from and against any suit, action, liability, or proceeding in connection with any third party claim and/or complaint to which we may be exposed. You agree in this regard, to accept exclusive liability for any sums, damages, costs, lawyers’ fees and court costs for which we may be held liable arising from your submission of material to the Site or your violation of these Terms and Conditions.
You acknowledge and agree that LIIM, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to all or part of this Site, and remove and discard any information or Content or any of the Site, for any reason. You further agree that LIIM shall not be liable to you or to any other person as a result of any such suspension or termination.
8. Governing Law and Forum