CORE LOTUS TERMS & CONDITIONS
Welcome! Core Lotus Inc. (“Core Lotus”) provides its services to you subject to the following conditions (“Agreement”). This Agreement sets forth legally binding terms for your use of the Website CoreLotus.com (“Website”). By using the Website CoreLotus.com, you agree to be bound by this Agreement.
Please read the terms and conditions carefully.
The Core Lotus website (hereinafter referred to as the “Website”) is designed to provide you with high quality video of fitness classes, strength and stretch routines, foundational moves, information about fitness and bringing together a community of people that are interested in fitness. This Website is not directed to persons under eighteen (18) years of age.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you wish to become a Member, communicate with other Members and otherwise make use of the Website and services, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
Core Lotus Inc., CoreLotus.com, and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
No medical advice. Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Core Lotus instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. Core Lotus is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Core Lotus videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Core Lotus, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Core Lotus, or any person or entity involved with Core Lotus, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
If you think you may have a medical emergency, call your doctor or 911 immediately.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Core Lotus Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Core Lotus Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Core Lotus Inc. or its software suppliers and protected by United States and international copyright laws.
Members of Core Lotus may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Core Lotus as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
Fraudulent Use. Core Lotus reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
Free Trial. We require that you provide a valid credit or debit card (“Payment Source”) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial”). Core Lotus will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. Core Lotus reserves the right to terminate any account that is using or trying to use more than one Free Trial.
Billing. Memberships are billed monthly. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, Core Lotus will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly renewal date. Members may cancel their membership at any time.
Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Core Lotus later increases the price of the subscription, Core Lotus will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
TERM & TERMINATION
This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website, or by emailing Customer Service at firstname.lastname@example.org. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled immediately. You will not receive a refund for the current billing period. You will not have access or any benefits of your product for the remainder of the current billing cycle.
Core Lotus reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Core Lotus believes that you have breached any of the terms of this Agreement, furnished Core Lotus with false or misleading information, or interfered with use of the Website or the Service by others.
When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.
LICENSE AND ACCESS
Content on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Core Lotus. Core Lotus reserves all rights not expressly granted in and to the Website and the Content. You may access Website and Content as available for your information and personal use, as intended through the normal functionality of the Core Lotus service, and for Streaming. Accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
LICENSE TO OTHER CONTENT, REVIEWS, COMMENTS, COMMUNICATIONS
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through the Website or the Service, you hereby grant to Core Lotus a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. Core Lotus has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Core Lotus servers after the Content appears to have been removed from the Website, and Core Lotus retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Website or the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the Website or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY CORE LOTUS ON AN “AS IS” AND “AS AVAILABLE” BASIS. CORE LOTUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CORE LOTUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CORE LOTUS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CORELOTUS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CORE LOTUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WITHOUT LIMITING THE FOREGOING, CORE LOTUS, ITS LICENSORS, AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
1. THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF CORE LOTUS.
2. THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON CORE LOTUS.
IN ADDTION, NO ORAL ADVICE OR WRITTEN INFORMATION TRANSMITTED OR COMMUNICATED BYCORE LOTUS, ANY AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. YOU AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH CORE LOTUS, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF CORE LOTUS OR ANY MATERIAL, INFORMATION OR PRODUCTIONS FOUND ON OR ASSOCIATED WITH CORE LOTUS.
OUR SITES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER CORE LOTUS NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, NUTRITIONAL, FITNESS, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless Core Lotus, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to Core Lotus from and against all losses, injuries, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by you. Core Lotus reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Core Lotus in asserting any available defenses.
This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Core Lotus that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.
You agree that: (a) the Website shall be deemed solely based in California; and (b) the Core Lotus Website shall be deemed a passive website that does not give rise to personal jurisdiction over Core Lotus, either specific or general, in jurisdictions other than California.