Terms of Use
THE LOTUS INSTITUTE TERMS OF USE
ATTENTION: PLEASE READ THESE WEBSITE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU: HAVE READ AND UNDERSTOOD THE TERMS OF USE; THE RELATED PRIVACY POLICY; ARE AT LEAST EIGHTEEN (18) YEARS OLD AND HAVE THE LEGAL AUTHORITY TO ACCEPT THE TERMS OF USE; AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE. BY USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE, AS THIS IS A LEGALLY BINDING AGREEMENT. YOU SHOULD REVIEW THESE TERMS OF USE PERIODICALLY AS THEY MAY BE REVISED FROM TIME TO TIME.
1. ALL THE LOTUS INSTITUTE-GENERATED AND/OR CREATED MATERIAL (“THE LOTUS INSTITUTE MATERIAL”) ON THE LOTUS INSTITUTE WEBSITE(S), INCLUDING, BUT NOT LIMITED TO, TEXT, DATA, GRAPHICS, LOGOS, BUTTON ICONS, IMAGES, AUDIO CLIPS, VIDEO CLIPS, LINKS, DIGITAL DOWNLOADS, DATA COMPILATIONS, AND SOFTWARE IS OWNED, CONTROLLED BY, OR LICENSED TO THE LOTUS INSTITUTE AND IS PROTECTED BY COPYRIGHT, TRADEMARK, AND ALL OTHER INTELLECTUAL PROPERTY RIGHTS. THE LOTUS INSTITUTE MATERIAL ON THE LOTUS INSTITUTE WEBSITE(S) IS MADE AVAILABLE SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE AND MAY NOT BE COPIED, REPRODUCED, REPUBLISHED, MODIFIED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY, INCLUDING BY E-MAIL OR OTHER ELECTRONIC MEANS, WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE LOTUS INSTITUTE IN EACH INSTANCE. YOU MAY ONLY DOWNLOAD THE LOTUS INSTITUTE MATERIAL INTENTIONALLY MADE AVAILABLE FOR DOWNLOADING FROM THE LOTUS INSTITUTE WEBSITE(S) FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY, PROVIDED THAT YOU KEEP INTACT ANY AND ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES THAT MAY APPEAR ON SUCH THE LOTUS INSTITUTE MATERIALS. THE LOTUS INSTITUTE WEBSITE(S), INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE LOTUS INSTITUTE WEBSITE(S) OR ANY THE LOTUS INSTITUTE-RELATED SERVICE, IS PROVIDED “AS IS”, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE LOTUS INSTITUTE WEBSITE(S) AND THE LOTUS INSTITUTE’S AFFILIATES, LICENSORS, SUB-LICENSEES, SUPPLIERS, ADVERTISERS, SPONSORS, REPRESENTATIVES, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
2. THE LOTUS INSTITUTE AND ITS AFFILIATES, LICENSORS, SUB-LICENSEES, SUPPLIERS, ADVERTISERS, SPONSORS, REPRESENTATIVES, EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY THE LOTUS INSTITUTE SERVICE INCLUDING WITHOUT LIMITATION THE LOTUS INSTITUTE WEBSITE(S) WHETHER CURRENTLY OFFERED OR MADE AVAILABLE, OR OFFERED OR MADE AVAILABLE IN THE FUTURE. THE LOTUS INSTITUTE IS UNDER NO OBLIGATION TO OFFER OR CONTINUE TO OFFER ANY THE LOTUS INSTITUTE OR OTHERWISE WEBSITE SERVICES OR ANY PART THEREOF WHATSOEVER, AND MAY, WITHOUT LIABILITY OR OBLIGATION, DISCONTINUE ANY THE LOTUS INSTITUTE WEBSITE SERVICE OR ANY PART THEREOF AT ANY TIME.
3. THE LOTUS INSTITUTE AND ITS AFFILIATES, LICENSORS, SUB-LICENSEES, SUPPLIERS, ADVERTISERS, SPONSORS, REPRESENTATIVES, EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR ANY INFORMATION, ADVICE OR MATERIALS OBTAINED OR PERCEIVED THROUGH THE LOTUS INSTITUTE WEBSITE(S). NO OPINION, ADVICE OR STATEMENT OF THE LOTUS INSTITUTE OR ITS AFFILIATES, LICENSORS, SUB-LICENSEES, SUPPLIERS, ADVERTISERS, SPONSORS, REPRESENTATIVES, EMPLOYEES, AGENTS, MEMBERS, USERS OR VISITORS, WHETHER MADE ON THE LOTUS INSTITUTE WEBSITE(S) OR OTHERWISE, SHALL CREATE OR GIVE RISE TO ANY WARRANTY. IT IS EXPLICITY UNDERSTOOD AND AGREED TO THAT ALL CONTENT OF OR ON THE LOTUS INSTITUTE WEBSITE(S) ARE FOR INFORMATIONAL PURPOSES ONLY. NOTHING CONTAINED, POSTED, UPLOADED, DISPLAYED AND/OR REPRODUCED ON THE LOTUS INSTITUTE WEBSITE(S) SHALL BE USED, CONSIDERED OR CONSTRUED AS A SUBSTITUTE FOR SEEKING OR OBTAINING PROFESSIONAL ADVICE OR TREATMENT, OR PSYCHIATRIC OR MEDICAL ADVICE, ASSESSMENT OR DIAGNOSIS, FOR ANY DISORDER, ISSUE OR PROBLEM. YOU CLEARLY UNDERSTAND AND AGREE HEREIN THAT THE DIAGNOSIS AND TREATMENT OF PSYCHOLOGICAL DISORDERS REQUIRES CONSULTATION WITH A TRAINED PROFESSIONAL. ALL THE LOTUS INSTITUTE MATERIAL AND USER-GENERATED MATERIAL CONTAINED ON THIS WEBSITE OR ANY OTHER WEBSITE CONTROLLED BY THE LOTUS INSTITUTE IS PROVIDED “AS IS” FOR INFORMATIONAL AND/OR ENTERTAINMENT PURPOSES ONLY AND IS NOT PROFESSIONAL, MEDICAL OR MENTAL HEALTH ADVICE. THE LOTUS INSTITUTE DOES NOT EXAMINE, DETERMINE, WARRANT OR REPRESENT THE COMPETENCE OR LEGAL CERTIFICATION OF ANY MENTAL HEALTH PROFESSIONAL LISTED OR DISPLAYED, OR ANY CONTENT PROVIDED TO THE LOTUS INSTITUTE BY ANY MENTAL HEALTH PROFESSIONAL FOR THE WEBSITE, AND THE LOTUS INSTITUTE ENCOURAGES USERS TO SEEK OUT ADDITIONAL INFORMATION ON LISTED PROFESSIONALS BEFORE MAKING ANY MENTAL HEALTH TREATMENT OR ANY OTHER MEDICAL, OR OTHER RELEVANT, HEALTH DECISIONS. THE LOTUS INSTITUTE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY WEBSITES ACCESSIBLE THROUGH OR LINKED TO THIS OR ANY OTHER THE LOTUS INSTITUTE WEBSITE.
BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU ACCEPT FULL RESPONSIBILITY FOR ANY DECISIONS, ACTIONS OR INACTIONS YOU MAKE BASED ON THE INFORMATION YOU ENCOUNTER ON THE WEBSITE OR ANY HYPERLINKS THERETO. FOR AVOIDANCE OF DOUBT, THE LOTUS INSTITUTE IS NOT LIABLE FOR ANY ADVICE OR INFORMATION PROVIDED ON THE WEBSITE. YOUR USE OF THE LOTUS INSTITUTE TO OBTAIN INFORMATION ON MEDICAL OR MENTAL HEALTH ISSUES, OR TO LOCATE A MENTAL HEALTH PROFESSIONAL OR FACILITY, IS WHOLLY VOLUNTARY AND WILL NOT RESULT IN ANY LIABILITY, INCLUDING WITHOUT LIMITATION, SUITS, CLAIMS, LOSSES, DAMAGES OR OTHERWISE, AGAINST THE LOTUS INSTITUTE. THE STORIES AND OTHER CONTENT POSTED ON THE LOTUS INSTITUTE WEBSITE DO NOT NECESSARILY REPRESENT THE VIEWS OF THE LOTUS INSTITUTE NOR DO THEY NECESSARILY REPRESENT APPROACHES TO MENTAL HEALTH TREATMENTS THAT WOULD BE SUITABLE FOR YOU. YOU SHALL FOREVER HOLD THE LOTUS INSTITUTE, ITS AFFILIATES, LICENSEES, LICENSORS, ASSIGNS, DESIGNEES, REPRESENTATIVES, AGENTS, EMPLOYEES, CONSULTANTS, ADVERTISERS, SPONSORS, SUPPLIERS AND SUCCESSORS COMPLETELY, I.E., ONE HUNDRED PERCENT (100%), HARMLESS AND INDEMNIFY THE LOTUS INSTITUTE FROM (I) ANY AND ALL LIABILITIES, LOSSES AND/OR ANY AND ALL DAMAGES THAT MAY BE CAUSED OR ALLEGED TO BE CAUSED BY YOUR USE OF THE WEBSITE, AND (II) ANY AND ALL CLAIMS AND/OR SUITS THAT MAY EMANATE FROM, OR IN ANY WAY BE CONNECTED TO, YOUR USE OF OR RELIANCE ON THIS WEBSITE AND/OR ITS CONTENTS AND/OR THE LOTUS INSTITUTE MATERIAL; AND (III) ANY DECISIONS YOU MAKE (EITHER NOW OR IN THE FUTURE) OR ACTIONS OR INACTIONS THAT YOU TAKE (EITHER NOW OR IN THE FUTURE), EITHER DIRECTLY OR INDIRECTLY, BASED ON ANY CONTENT, PRODUCTS AND/OR SERVICES THAT ARE AVAILABLE ON OR THROUGH THIS WEBSITE.
4. THE LOTUS INSTITUTE AND ITS AFFILIATES, LICENSORS, SUB-LICENSEES, SUPPLIERS, ADVERTISERS, SPONSORS, REPRESENTATIVES, EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR CONTENT, SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LOTUS INSTITUTE WEBSITE(S) OR RECEIVED BY YOU THROUGH ANY LINKS APPEARING ANYWHERE ON THE LOTUS INSTITUTE WEBSITE(S), WHETHER SUCH LINKS ARE AUTHORIZED OR NOT, AS WELL AS FOR ANY INFORMATION, ADVICE OR MATERIALS RECEIVED OR PERCEIVED THROUGH ANY LINKS PROVIDED ANYWHERE ON THE LOTUS INSTITUTE WEBSITE(S).
5. THE LOTUS INSTITUTE AND ITS AFFILIATES, LICENSORS, SUB-LICENSEES, SUPPLIERS, ADVERTISERS, SPONSORS, REPRESENTATIVES, EMPLOYEES AND AGENTS DO NOT WARRANT OR REPRESENT THAT YOUR USE OF OR PARTICIPATION IN OR MATERIALS POSTED AND/OR OFFERED ON THE LOTUS INSTITUTE WEBSITE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LOTUS INSTITUTE WEBSITE(S) OR THE SERVER(S) ON WHICH THE LOTUS INSTITUTE WEBSITE(S) IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE LOTUS INSTITUTE WEBSITE(S), AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF, PARTICIPATION IN AND MATERIALS POSTED AND/OR OFFERED ON THE LOTUS INSTITUTE WEBSITE(S) AND ANY SERVICE AND YOUR RELIANCE THEREON. YOU UNDERSTAND AND AGREE THAT YOU USE, DOWNLOAD, UPLOAD OR OTHERWISE OBTAIN OR PERCEIVE MATERIAL, INFORMATION OR DATA THROUGH THE USE OF THE LOTUS INSTITUTE WEBSITE(S) AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL, INFORMATION OR DATA.
6. NEITHER THE LOTUS INSTITUTE NOR ANY OF THE LOTUS INSTITUTE’S AFFILIATES, LICENSORS, SUB-LICENSEES, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THE LOTUS INSTITUTE’S DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (TOGETHER, FOR PURPOSES HEREIN, “THE LOTUS INSTITUTE”), ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF OR RELIANCE ON THE LOTUS INSTITUTE WEBSITE(S) OR ANY THE LOTUS INSTITUTE SERVICE, CONTENT OR PART THEREOF OR ANY LINKED THE LOTUS INSTITUTE WEBSITE(S), EVEN IF THE LOTUS INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL THE LOTUS INSTITUTE’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU, IF APPLICABLE, TO ACCESS THE LOTUS INSTITUTE WEBSITE(S) OR USE OR PURCHASE ANY MATERIAL POSTED OR OFFERED ON THE LOTUS INSTITUTE WEBSITE(S). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE LOTUS INSTITUTE WEBSITE(S) OR ANY THE LOTUS INSTITUTE SERVICE OR ANY PART THEREOF, FROM INABILITY TO USE THE LOTUS INSTITUTE WEBSITE(S) OR ANY THE LOTUS INSTITUTE SERVICE OR ANY PART THEREOF, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE LOTUS INSTITUTE WEBSITE(S) OR ANY THE LOTUS INSTITUTE SERVICE OR ANY PART THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LOTUS INSTITUTE WEBSITE(S) OR RECEIVED THROUGH ANY LINKS PROVIDED AT, IN OR THROUGH THE LOTUS INSTITUTE WEBSITE(S), AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE LOTUS INSTITUTE WEBSITE(S) OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE LOTUS INSTITUTE WEBSITE(S) OR ANY THE LOTUS INSTITUTE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE LOTUS INSTITUTE WEBSITE(S) OR ANY THE LOTUS INSTITUTE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE LOTUS INSTITUTE WEBSITE(S) OR ANY THE LOTUS INSTITUTE SERVICE OR ANY PART THEREOF. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
7. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS OR LIMITATIONS.
8. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL THE LOTUS INSTITUTE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, EPIDEMIC, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING OR ANY OTHER FORCE MAJEURE EVENT.
9. THE LOTUS INSTITUTE MAKES NO REPRESENTATION THAT ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE LOTUS INSTITUTE WEBSITE(S) OR ANY THE LOTUS INSTITUTE SERVICE OR PART THEREOF ARE APPROPRIATE FOR USE IN OTHER LOCATIONS OTHER THAN THE UNITED STATES. USERS WHO CHOOSE TO ACCESS THE LOTUS INSTITUTE WEBSITE(S) OR ANY THE LOTUS INSTITUTE SERVICE OR ANY PART THEREOF FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND AT THEIR OWN RISK, AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
10. ANY AND ALL PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE LOTUS INSTITUTE WEBSITE(S) ARE FURTHER SUBJECT TO UNITED STATES EXPORT CONTROLS. YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS REGARDING THE TRANSMISSION OF TECHNICAL DATA EXPORTED FROM THE UNITED STATES OR THE COUNTRY IN WHICH YOU RESIDE. NO SUCH PRODUCTS MAY BE DOWNLOADED OR OTHERWISE EXPORTED OR RE-EXPORTED (I) INTO (OR TO A NATIONAL OR RESIDENT OF) (i) ANY COUNTRY OR MUNICIPALITY OR OTHERWISE TO WHICH THE U.S. HAS EMBARGOED GOODS; OR (II) TO ANYONE ON THE U.S. TREASURY DEPARTMENT’S LIST OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. COMMERCE DEPARTMENT’S TABLE OF DENY ORDERS. BY DOWNLOADING ANY PRODUCT OR USING ANY SERVICE AVAILABLE THROUGH THE LOTUS INSTITUTE, YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN, UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY SUCH COUNTRY OR ON ANY SUCH LIST. THE LOTUS INSTITUTE RESERVES THE RIGHT TO LIMIT THE AVAILABILITY OF THE LOTUS INSTITUTE WEBSITE(S) AND/OR ANY SERVICE OR PRODUCT DESCRIBED THEREON TO ANY PERSON, GEOGRAPHIC AREA OR JURISDICTION, AT ANY TIME AND IN OUR SOLE DISCRETION, AND TO LIMIT THE QUANTITIES OF ANY SUCH SERVICE OR PRODUCT THAT THE LOTUS INSTITUTE PROVIDES ON OR THROUGH THE LOTUS INSTITUTE WEBSITE(S).
11. WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISIONS OF THIS AGREEMENT, THE LOTUS INSTITUTE MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEBSITE THAT YOU MAY ACCESS THROUGH THE LOTUS INSTITUTE WEBSITE(S). WHEN YOU ACCESS ANOTHER WEBSITE, YOU UNDERSTAND THAT IT IS ENTIRELY INDEPENDENT FROM THE LOTUS INSTITUTE WEBSITE(S), AND THAT THE LOTUS INSTITUTE HAS NO CONTROL OVER THE CONTENT OF SUCH WEBSITE NOR OF ITS POLICIES. IN ADDITION, A HYPERLINK TO ANOTHER WEBSITE DOES NOT MEAN THAT THE LOTUS INSTITUTE ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, USE OR POLICIES OF THE LINKED WEBSITE OR THAT THE POLICIES OF THAT WEBSITE ARE CONSISTENT WITH OUR POLICIES OR THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE LOTUS INSTITUTE STRONGLY ENCOURAGES YOU TO BECOME FAMILIAR WITH THE TERMS OF USE AND PRACTICES OF ANY LINKED NON-THE LOTUS INSTITUTE WEBSITE(S). FURTHER, IT IS UP TO YOU TO TAKE PRECAUTIONS TO ENSURE THAT WHATEVER LINKS YOU SELECT OR SOFTWARE YOU DOWNLOAD, FROM ANY OTHER SITE WHATEVER, IS FREE OF ANY CORRUPTIBLE OR DESTRUCTIVE OR ILLEGAL MATERIAL, SUCH AS BUT NOT LIMITED TO VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS AND OTHER ITEMS OF A DESTRUCTIVE NATURE.
12. YOU WARRANT AND REPRESENT THAT YOU SHALL NOT USE ANY AND ALL THE LOTUS INSTITUTE MATERIAL INCLUDED, PRESENTED, OFFERED FOR SALE, DISTRIBUTION OR OTHERWISE, DISPLAYED, PUBLICLY PERFORMED OR OTHERWISE ON THE LOTUS INSTITUTE WEBSITE(S) FOR ANY AND ALL COPYRIGHT OR OTHER INTELLECTUAL PROPERTY-RELATED INFRINGING ACTIVITIES, INCLUDING WITHOUT LIMITATION REPRODUCTION AND FURTHER DISTRIBUTION, NOT ALLOWED UNDER THE UNITED STATES COPYRIGHT LAW 17 U.S.C. SECTION 101 ET SEQ., OR ANY OTHER ACTIVITIES, RELATED TO INTELLECTUAL PROPERTY OR OTHERWISE, THAT INFRINGE ON THE LOTUS INSTITUTE, THE LOTUS INSTITUTE’S LICENSEES, THE LOTUS INSTITUTE’S EMPLOYEES, THE LOTUS INSTITUTE’S SUCCESSORS, THE LOTUS INSTITUTE ASSIGNS, OR THE LOTUS INSTITUTE’S AFFILIATES, OR ANY OTHER THIRD PARTIES, AND SUCH INFRINGEMENT SHOULD IT OCCUR SHALL BE PROSECUTED WITHIN THE FULL EXTENT OF THE THEN-CURRENT LAW. YOU FURTHER WARRANT AND REPRESENT THAT ALL MATERIAL YOU UPLOAD OR AFFIX IN ANY WAY TO THE LOTUS INSTITUTE WEBSITE(S) SHALL BE ONE HUNDRED PERCENT (100%) CREATED, AUTHORED, OWNED AND CONTROLLED BY YOU, AND SHALL IN NO WAY INFRINGE UPON ANY RIGHTS, INCLUDING WITHOUT LIMITATION ANY AND ALL WORLDWIDE INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PRIVACY AND RIGHTS OF PUBLICITY, OF ANY THIRD PARTIES. YOU HEREBY INDEMNIFY THE LOTUS INSTITUTE, THE LOTUS INSTITUTE’S SUCCESSORS, THE LOTUS INSTITUTE’S LICENSEES, THE LOTUS INSTITUTE’S ASSIGNS AND THE LOTUS INSTITUTE’S AFFILIATES FROM ANY AND ALL LAWSUITS, CLAIMS, LOSSES AND ANY AND ALL DAMAGES THAT MAY OCCUR AS A RESULT OF YOUR BREACH OF THESE WARRANTIES AND REPRESENTATIONS. THE LOTUS INSTITUTE SHALL HAVE THE RIGHT TO INSTITUTE LEGAL AND OR EQUITABLE ACTIONS AGAINST YOU FOR ANY BREACH OF THESE WARRANTIES AND REPRESENTATIONS.
13. YOU GRANT THE LOTUS INSTITUTE A NONEXCLUSIVE, IRREVOCABLE, WORLDWIDE, PERPETUAL, UNLIMITED, ASSIGNABLE, SUBLICENSEABLE, FULLY PAID UP AND ROYALTY-FREE RIGHT TO THE LOTUS INSTITUTE TO COPY, PREPARE DERIVATIVE WORKS OF, IMPROVE, DISTRIBUTE, PUBLISH, REMOVE, RETAIN, ADD, PROCESS, ANALYZE, USE, REVISE AND COMMERCIALIZE IN ANY WAY NOW KNOWN OR IN THE FUTURE DISCOVERED, ANY INFORMATION OR WORKS YOU PROVIDE, DIRECTLY OR INDIRECTLY TO THE LOTUS INSTITUTE, INCLUDING, BUT NOT LIMITED TO, ANY USER-GENERATED CONTENT, IDEAS, CONCEPTS, TECHNIQUES OR DATA, WHICH YOU SUBMIT TO THE LOTUS INSTITUTE, WITHOUT ANY FURTHER CONSENT, NOTICE AND/OR COMPENSATION TO YOU OR TO ANY THIRD PARTIES. IT IS UNDERSTOOD AND AGREED THAT ALL OTHER RIGHTS IN ANY AND ALL SUCH USER-GENERATED CONTENT SHALL BE RESERVED TO YOU.
14. THIS DISCLAIMER AND TERMS OF USE DOCUMENT IS AN AGREEMENT BETWEEN THE LOTUS INSTITUTE AND YOU WHEN YOU USE THE LOTUS INSTITUTE WEBSITE(S) IN ANY WAY AND IS ENTERED INTO IN THE UNITED STATES OF AMERICA AND IN THE COMMONWEALTH OF PENNSYLVANIA AND SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE UNITED STATES OF AMERICA AND THE COMMONWEALTH OF PENNSYLVANIA, EXCLUSIVE OF ITS CHOICE OF LAW RULES. EACH PARTY TO THIS AGREEMENT SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE UNITED STATES OF AMERICA AND/OR THE COMMONWEALTH AND FEDERAL COURTS SITTING IN THE COMMONWEALTH OF PENNSYLVANIA, AND YOU WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. IN THE EVENT THAT ANY OF THE PROVISIONS OF THIS AGREEMENT ARE HELD BY A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, SUCH PROVISIONS SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY SO THAT THIS AGREEMENT SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT.