Welcome to Lotus International Company (Lotus) website (the “Website”). Please review the following terms and conditions concerning your use of the Website. By accessing, using or downloading any materials from the Website, you agree to follow and be bound by these terms and conditions (the “Terms”). If you do not agree with these Terms, please do not use this Website.

 

GENERAL USE PROVISIONS

All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (“Materials”), are provided either by Lotus International Company or by their respective third party manufacturers, authors, developers and vendors (“Third Party Providers”) and are the copyrighted work of Lotus International Company and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Lotus International Company or the Third Party Provider. Also, you may not “mirror” any Materials contained on this Website on any other server without Lotus International Company’s prior express written permission. Except where expressly provided otherwise by Lotus International Company, nothing on this Website shall be construed to confer any license under any of Lotus International Company’s or any Third Party Provider’s intellectual property rights, whether by implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Lotus International Company. Lotus International Company does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Lotus International Company. Lotus International Company hereby grants you permission to display, copy, distribute and download Lotus International Company’s Materials on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

FORWARD-LOOKING STATEMENTS

This website may contain forward-looking statements that involve risks, uncertainties and assumptions. If any of these risks or uncertainties materializes or any of these assumptions proves incorrect, the results of Lotus International Company could differ materially from those expressed or implied by these forward-looking statements. All statements other than statements of historical fact are statements that could be deemed forward-looking statements, including any projections of earnings, revenues, synergies, accretion or other financial items; any statements of the plans, strategies and objectives of management for future operations; any statements concerning proposed new products, services, developments or industry rankings; any statements regarding future economic conditions or performance; any statements of belief and any statements of assumptions underlying any of the foregoing. The risks, uncertainties and assumptions referred to above include, but are not limited to, risks associated with the Business software applications market; risks associated with customer and partner relations, such as risks associated with Business applications and systems markets, the availability of Lotus International Company products and services, customer implementation of products and services and relationships with customers, third-party vendors, systems integrators and other partners; the ability of Lotus International Company to retain and motivate key employees and to successfully manage growth; risks associated with new versions and new products and the need to continue to expand product distribution and services offerings. Lotus International Company assumes no obligation and does not intend to update these forward-looking statements.

 

THIRD PARTY PUBLICATIONS

Lotus International Company has not co-authored, ratified, endorsed or adopted the information contained in this any publications referenced on this website by publishing it herein.

 

THIRD PARTY STATISTICS

Lotus International Company has not co-authored, ratified, endorsed or adopted any statistics provided by third parties by publishing them on this Website.

 

SOFTWARE USE RESTRICTIONS

Any software that may be made available to download from this Website (“Software”) is the copyrighted work of Lotus International Company and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software (“License Agreement”). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The software is warranted, if at all, only according to the terms of the license agreement. Except as may be expressly warranted in the license agreement, Lotus International Company hereby disclaims all express or implied representations, warranties, guaranties, and conditions with regard to the software, including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid. Installation assistance and product support and maintenance, of the Software is available from Lotus International Company and/or the Third Party Provider’s, as applicable.

 

SUBMISSIONS

Except where expressly provided otherwise by Lotus International Inc., all comments, feedback, information or materials submitted to Lotus International Company through or in association with this Website (“Submissions”) shall be considered non-confidential and Lotus International Company’s property. By providing such Submissions to Lotus International Inc., you agree to assign to Lotus International Company, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Lotus International Company shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Lotus International Company, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

 

DISCLAIMER

Except where expressly provided otherwise by Lotus International Company, the materials on the website are provided “as is”, are experimental, and are for commercial use only, and Lotus International Company hereby disclaims all express or implied representations, warranties, guaranties, and conditions, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid. Lotus International Company makes no representations, warranties, guaranties, or conditions as to the quality, suitability, truth, accuracy, or completeness of any of the materials contained on the Website.

 

LIMITATION OF LIABILITY

Lotus International Company shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the materials. In no event shall Lotus International Company be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other action, arising out of or in connection with the use or performance of information available from this Website, even if Lotus International Company has been previously advised of the possibility of such damage. You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the website and you will not make a claim against Lotus International Company for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the materials. You agree to hold Lotus International Company harmless from, and you covenant not to sue Lotus International Company for, any claims based on or related to the use of the Website.

 

LOCAL LAWS; EXPORT CONTROL

Lotus International Company controls and operates this Website from USA and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

 

GENERAL

This Website may include inaccuracies or typographical errors. Lotus International Company and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Lotus International Company may periodically make changes to the Website. These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of the State of Michigan. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. Lotus International Company has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Lotus International Company.

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