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Terms & Conditions
1. Introduction
These Website Terms And Conditions (these “Terms”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age) unless given direct permission by a parent or guardian.
2. Intellectual Property Rights
Other than the content you own, which you may have opted to include on this Website, under these Terms, Blooming Lotus Innovations, Inc. and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
3. Restrictions
You are expressly and emphatically restricted from all of the following:
publishing any Website material in any media;
selling, sublicensing, and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is, or may be, damaging to this Website or its users;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website, or while using this Website;
using this Website to engage in any advertising or marketing;
engaging with Website members without their permission.
Certain areas of this Website are restricted from access by you and Blooming Lotus Innovations, Inc. may further restrict access by you to any areas of this Website, at any time, at its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain the confidentiality of such information.
4. Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images, or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Blooming Lotus Innovations, Inc. a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights.
Blooming Lotus Innovations, Inc. reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. Confidentiality Agreement
This agreement is between Blooming Lotus Innovations, Inc. (Owner) and any and all members and clients engaging on this website (Recipient).
The Owner acknowledges the Recipient may receive information regarding the Owner’s business, practices, or other properties that may be considered confidential. Therefore, the Parties are in agreement with the terms and conditions of this agreement.
Confidentiality
Any information the Recipient may come into contact with that is not public knowledge and is made only available through engagement with the website shall be deemed as confidential information. This includes any information in regards to members, vendors, pricing, product, technology, software, or product. The Recipient should refrain from sharing any confidential information and above all else shall request approval from the Owner and/or other members prior to the release of any information.
Confidentiality Protection
The Recipient understands that the information deemed confidential is of value and shall hold all information at the same level of confidentiality as personal information is held. The Recipient agrees to hold all confidential information and will not make said information available or disclose said information to third-party vendors or individuals without prior written consent. The Recipient shall under no circumstances modify or copy confidential information that is made available to them.
Unauthorized Disclosure
In the event any information is found to be disclosed by the Recipient without prior written approval, the Owner will be permitted to seek remedies including, but not limited to legal assistance and termination of membership with this website.
Non Circumvention
Upon entering into this agreement and for a period of 7 years after the conclusion or termination of this agreement the Recipient shall not partake in business with or solicit business that was made available from the Owner to the Recipient for the purpose of circumvention. In the event, such circumvention occurs the Owner shall be entitled to any and all compensation regarding any transactions that may take place from such events occurrence.
Return of Information
Upon the conclusion or termination of this agreement, the Recipient agrees to delete or return any information deemed confidential and in relation to this agreement. Any information that is unable to be returned must be destroyed immediately following the termination or conclusion of this agreement.
Relationship
This agreement shall not serve in any instance as an agreement between the Parties for employment. The Recipient shall remain as an individual consumer and participant in services provided to them.
License to Use
All property provided to the Recipient shall remain confidential property and shall be treated as such. The Recipient agrees to hold the Owner harmless in the instance of any loss, damage, theft, or injury for any reason. This is inclusive of any attorney fees, court costs, hospital fees, and loss of funds that may occur from such negligence.
Term
The obligations of this agreement shall survive indefinitely including through termination or conclusion of this agreement.
Assignment
The Parties agree to abstain from the sale, transferring, or delegating of any provisions of this agreement to third party individuals without the prior written consent of the responding party. Any third-party individuals entered into this agreement shall be bound by all the terms and conditions contained within this agreement as so.
Jurisdiction
This agreement shall fall under the jurisdiction of Virginia, furthermore, all legal proceedings occurring in relation to this agreement shall be conducted as such. The prevailing party in such proceedings shall have the opportunity to seek compensation for all court fees associated with said proceedings.
Notification
Any and all notifications related to this agreement shall be produced in writing, via email, or written letter to the addresses below:
Email: bloominglotusinnovations@gmail.com
Address: 1331 Rock Chapel Rd. Herndon, VA 20170
Agreement
By subscribing below, the Parties acknowledge and agree to any and all provisions included in these terms and conditions.
6. No Warranties
This Website is provided “as is,” with all faults, and Blooming Lotus Innovations, Inc. makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
7. Limitation of Liability
In no event shall Blooming Lotus Innovations, Inc., nor any of its officers, directors, and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Blooming Lotus Innovations, Inc., including its officers, directors, and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
8. Indemnification
You hereby indemnify to the fullest extent Blooming Lotus Innovations, Inc. from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
9. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
10. Variation of Terms
Blooming Lotus Innovations, Inc. is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.
11. Assignment
Blooming Lotus Innovations, Inc. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
12. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Blooming Lotus Innovations, Inc. and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
13. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Virginia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Virginia for the resolution of any disputes.