Updated December 11, 2017
These Terms and Conditions of Use (these “Terms”) apply to the Lotusland Investment Group [LLC] family of sites now or in the future owned or operated by Lotusland Investment Group [LLC] and/or our affiliates (collectively, “Lotusland”, “us”, “we” or “our”), including without limitation, www.lotuslandinvestment.com (collectively, the “Website”) and the services provided through the Website (collectively, the “Service”). By accessing or using the Website, you are agreeing to be bound by these Terms , all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The Website is the sole property of Lotusland. If you do not agree with any of these Terms, you are prohibited from using or accessing the Website and the Service. The materials contained on the Website are protected by applicable copyright and trademark law.
Content and Copyright, Trademark, and Related Issues
The contents, including information, text, images and graphics and all other material contained on the Website or features and functions made available on the Website (collectively, the “Content”) are for your personal informational purposes only. The Content is owned by Lotusland and other third parties who have licensed their rights in content to Lotusland. You may view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors or other users and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly permitted by these Terms and if you do, your right to use the Content will automatically terminate. The Content and the Website generally, are subject to change or termination without notice.
The trademarks, names, slogans, logos, characters and service marks (collectively “Trademarks”) displayed on our Website belong to Lotusland or have been licensed to us. Nothing contained on our Website should be construed as granting any license or right to use any Trademark displayed on our Website. Your use/misuse of the Trademarks displayed on our Website, except as provided in these Terms, is strictly prohibited.
Lotusland will aggressively enforce its intellectual property rights to the fullest extent of the law. All rights not expressly granted herein are reserved.
Limited License For Personal And Non-Commercial Use Only
Our Website is to be used solely for your personal, noncommercial, non-exclusive, non-assignable, and non-transferable use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on our Website, including notices on any Content you download, transmit, display, print or reproduce from our Website. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Lotusland. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.
You agree not to use our Website or its contents for any illegal or prohibited purpose, or in any manner that could damage, disable, overburden or impair our Website, the Content or any of our servers, or interfere with any other party’s use of our Website or the Content. You agree that you shall not attempt to gain any unauthorized access to our Website or the Content, through password mining, hacking or any other means, or harvest or otherwise collect information about others, including e-mail addresses. You further agree that you will not attempt to obtain any Content not intentionally made available to you at our Website. You shall not upload any files that contain Trojan horses, viruses, cancelbots, corrupted files, worms, or other programs or software that may damage or interrupt our websites, computers or software.
Disclaimer
THE CONTENT AND MATERIALS ON OR AVAILABLE THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” BASIS AND THE ENTIRE RISK AS TO SUCH CONTENT AND MATERIALS, AND ANY CONSEQUENCES RELATED THERETO OR ARISING THEREFROM, IS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT OR THE MATERIALS ON OR AVAILABLE THROUGH OUR WEBSITE OR ON ANY SITES LINKED TO OUR WEBSITE.
Limitation of Liability
In no event shall we be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the Website and/or the Content, even if we have been notified orally or in writing of the possibility of such damage. If you are dissatisfied with any portion of our Website or the Content, or with any of these Terms, your sole and exclusive remedy is the discontinuation of your use of our Website. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errors
The Content could include technical, typographical, or photographic errors. We do not warrant that any of the Content is accurate, complete, or current. We may make changes to the Content at any time, without notice. We do not, however, make any commitment to update the Content.
Links
Our Website may contain links to the websites of other parties. We are not responsible for such websites’ terms of use or privacy policies or how they may treat your information. Your use of third-party websites is at your own risk and subject to the terms of use and privacy policies of such websites.
Site Terms of Use Modifications
We may revise these Terms at any time without notice. We will provide notice of any material revisions to the Terms at the top of this page. By using the Website you are agreeing to be bound by the then current version of these Terms.
Governing Law
You expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of the Northern District of California to adjudicate and resolve any dispute with Lotusland and our employees, contractors, officers, directors, telecommunication providers or in any other way relating to our Website. Any claim relating to our Website shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Miscellaneous Terms
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lotusland regarding our Website and supersede any and all other terms, representations, promises or discussions.
In any action against us arising from the use of our Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorneys’ fees.
No failure or delay by Lotusland or its affiliates to take action, or to exercise any right, under these Terms will constitute a waiver by such party of any such provision or right in that or any other instance. If any provision of these terms shall be invalid or unenforceable, then that provision shall be severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
We may assign our rights and obligations under these Terms, and these Terms will inure to the benefit of our successors, assigns, and licensees. Any attempt by you to assign, transfer, or delegate these Terms will be null and void.
Contacting Us
Questions or comments regarding our Website, including reports of non-functioning links, should be submitted using our “Contact Us” form or via U.S. mail to:
Lotusland Investment Group [LLC]
One Embarcadero Center, Suite 730
San Francisco, California 94111
USA
lotusland@lotuslandinvestment.com
Changes to these Terms
These Terms may be revised from time to time for any reason. If these Terms change, the revised terms will include a revised “last modified” date. Any such changes will automatically apply to all uses of our Website on or after such effective date (until such time as the terms are subsequently revised).