TERMS & CONDITIONS OF PURCHASE
You are purchasing access for one (1) person to The Lotus Collective (referred to below as “Program”) from Nicky C. Jones (the “Company,” “we,” or “us”). You must be at least 18 years of age or have written consent from their parent or guardian to purchase access to The Lotus Collective. Children under the age of majority should review this Agreement with their parent or legal guardian.
Purchase of a membership in The Lotus Collective includes access for one (1) person only.
You are responsible to pay for The Lotus Collective in full each month. If you miss a payment or your payment is declined, your account status will be changed to “delinquent.” The Company will attempt to reach out to you. If you fail to respond or submit a valid payment in full, by the beginning of the following pay period, your membership will be canceled.
REFUND AND CANCELATION POLICY
The Company reserves the right cancel membership in the program at any time, for any reason, or no reason.
Monthly membership holders can cancel at any time. Beginning in the next billing period, canceled accounts will not be billed and will no longer have access to the program.
Annual members can cancel at any time, however they will not be refunded.
Lifetime members will be removed from the program upon their request, however purchase of a lifetime membership is non-refundable.
The membership is non-refundable.
The Lotus Collective MEMBER AREA AND COMMUNITY RULES
-Give more than you take. Asking for support is encouraged but please also give it. Even a simple ‘like’ works wonders.
-Only offer advice if it is asked of you. More often than not, we just want to be seen and heard.
-Be honest, kind and compassionate. Always.
-Say what you need to say in as little words as possible to honour people’s time. Also, shorter posts are easier to digest and therefore you’ll be more likely to get the support you need.
-Celebrate your wins, joys and gratitude.
-Be honest about your challenges.
-Vulnerability is encouraged. The more honest we can be, the more connected we are.
-Everything said is here is confidential.
WHAT HAPPENS IF YOU DON'T FOLLOW THE COMMUNITY RULES?
Any post that breaches the above rules or which is deemed to be inappropriate in any way may be removed without notice.
The Company may reach out to you to explain or seek explanation after the fact.
Your failure to comply with these terms can result in termination of your participation in The Lotus Collective without refund.
- While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
- When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
- If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
- The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
- NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
- You understand that exercise, breathing techniques, stretches, and physical poses may present risks to your health. You further understand that it is recommended that you consult a physician prior to using any equipment, engaging in any exercise, yoga program or activity, or undertaking any food or diet program, whether or not such program is recommended by the Company. You understand that neither my advice nor the advice of any Lotus Collective guests, members, or personnel is a substitute for medical advice. By using this Internet Web site and any affiliate Internet sites, you agree to hold The Lotus Collective, its agents, assigns, subsidiaries, subtenants, employees, licensees, and officers ("related entities") harmless for any action, suit, claim, loss, injury, or damage, arising from your recklessness, negligence, misuse of gym equipment, improper execution of generally acceptable exercise or yoga techniques, or for any damage or injury that occurs pursuant to any information received on the Internet, or by any other means now known or later developed. You acknowledge that you have had the prior opportunity to - and have - consulted a physician before entering into this agreement. You hereby agree to hold Nicky C. Jones, together with all her related entities, harmless for any action, suit, claim, loss, injury, or damage arising from any and all injuries sustained arising out of your subscription.
- IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
- You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
- This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
- COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
- NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
Last Updated: September 26, 2018