LOTUS BY JOHNNY DŨNG'S TERMS AND CONDITIONS
Terms & Conditions
Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Site, may result in suspension or termination of your access to the Site, without notice, in addition to Lotus by Johnny Dung’s other remedies.
1. USE OF THE SITE BY YOU:
a. Your right to use the Site is personal to you. You may not authorize others to use the Site, and you are responsible for all use of the Site by you and by those you allow to use, or provide access to, the Site.
b. The Site is not intended for users under the age of 13, and Lotus by Johnny Dung does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted or retained by us.
c. You agree not to use any obscene, indecent, or offensive language or to place on the Site any material that is defamatory, abusive, harassing, inflammatory or hateful. You agree not to place on the Site any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
d. You are responsible for ensuring that any material you provide to the Site or post on a bulletin board or forum, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Material on the Site is for your personal use only. The Site contains copyrighted and other proprietary information.
f. You agree not to disrupt, modify or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site.
g. Other than connecting to Lotus by Johnny Dung servers by http requests using a Web browser, you may not gain access to Lotus by Johnny Dung servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.
h. You acknowledge that Lotus by Johnny Dung has not reviewed and does not endorse the content of any sites linked to this Site and is not responsible for the content or actions of any other sites linked to this Site. Your linking to any service or site is at your sole risk.
3. OWNERSHIP AND LICENSE RIGHTS
5. COPYRIGHT AND COPYRIGHT NOTICES.
Lotus by Johnny Dung respects the intellectual property of others, and we require users to do the same. Lotus by Johnny Dung may, in appropriate circumstances and at its discretion, terminate the access of users who infringe the intellectual property rights of others, in addition to Lotus by Johnny Dung. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Lotus by Johnny Dung Copyright Agent the following information:
. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
. A description of the copyrighted work or other intellectual property that you claim has been infringed;
. A description of where the material that you claim is infringing is located on the Site;
. Your name, address, telephone number, and email address;
. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
By mail: Lotus by Johnny Dũng, Inc., USA
11037 Warner Ave., #279Fountain Valley, CA 92708
This Site may include links to bulletin boards and chat rooms ("Forums"). Although Lotus by Johnny Dung has the right to monitor communications made in, to, and by means of the Forums, including the right to edit, refuse to post, or to remove any information or materials posted to the Forums, which in Lotus by Johnny Dung sole discretion are objectionable or in violation of the terms and conditions set forth below, Lotus by Johnny Dung assumes no responsibility to do so and is not responsible for the content of any messages or information posted by users or other third parties to the Forums. Lotus by Johnny Dung reserves the right at all times to disclose any information or materials posted to the Forums necessary to satisfy any law, regulation or governmental request.
It is a condition of your use of the Forums and this Site that you do not:
a. Restrict or inhibit any other user from using and enjoying the Forums;
b. Post or transmit any fraudulent, unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic or offensive material of any kind, including any material that would violate any local, state, national or international law or give rise to any civil or criminal liability;
c. Post or transmit any material that violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that infringes on any intellectual property or contractual right;
d. Post or transmit any material containing software viruses or similar disabling devices; or
e. Post or transmit any unsolicited advertising.
Lotus by Johnny Dung may provide, or third parties may provide, links to other World Wide Web sites or resources. Lotus by Johnny Dung has no control over or responsibility for such sites and resources. You acknowledge and agree that Lotus by Johnny Dung is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Lotus by Johnny Dung shall not be responsible or liable, directly or indirectly, for any damage or loss of any kind whatsoever caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS," AND Lotus by Johnny Dung AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES AND INDEPENDENT CONTRACTORS (THE "COMPANY ENTITIES") HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTIBILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE. THE COMPANY ENTITIES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE. THE COMPANY ENTITIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE COMPANY ENTITIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Your use or continued use of this Site constitutes your acceptance of these terms and conditions of use and waiver of liability on the part of the Company Entities.
10. TERMINATION AND MODIFICATION
Lotus by Johnny Dung has the right to terminate your ability to access the Site for any reason, without notice. Lotus by Johnny Dung has the right to discontinue, change, suspend or restrict access to the Site or any portion of the Site at any time without liability to you or any third party.
11. JURISDICTION AND SEVERABILITY
12. HEALTH DISCLAIMER
The content of the Site, catalogs, flyers or any information formats provided to you is strictly to broaden your understanding and knowledge of health, beauty and fitness topics ("Health Materials"). This information should not be considered to be exhaustive of a particular topic, and should never be used in place of a visit or call to, consultation with or advice from your physician or other health care provider. Lotus by Johnny Dung strongly recommends that you consult a health care professional prior to using any information or advice contained on the Site, catalogs, flyers or any information formats that sets forth, illustrates, or suggests a particular diet, fitness program, workout regimen or activity. Lotus by Johnny Dung does not recommend the self-management of health problems because of advice or recommendations contained on the Site, catalogs, flyers or any information formats or otherwise. Never disregard medical advice or delay in seeking it because of something you have read on the Site, catalogs, flyers or any information formats. Lotus by Johnny Dung does not assume and expressly disclaims any liability for injuries that may occur in connection with any information contained on the Site, catalogs, flyers or any information formats regardless of whether a doctor was consulted.
The "diagnostic" tools available on the Site are simple simulations, intended to provide health and cosmetological recommendations on a purely advisory basis. We do not under any circumstances guarantee your satisfaction concerning the use of these tools or the final result and we do not assume any responsibility relative to the use of this advice.
a. Applicability of Materials Provided. The health-related materials provided on this Site (including links to information provided by other Web sites) or any format of information such as catalogs, flyers, are to be used for informational purposes only. The Health Materials are NOT to be used as a substitute for seeking professional medical diagnosis, treatment and care. The applicability of any Health Materials may vary depending on your actual medical condition or that of a third party.
b. NO DOCTOR-PATIENT RELATIONSHIP CREATED. NEITHER YOU NOR ANY OTHER PARTY HAS BECOME A PATIENT OF ANY INDIVIDUAL OR ENTITY PROVIDING HEALTH MATERIALS BY MEANS OF THIS SITE OR ANY LINK FROM THIS SITE, CATALOGS, FLYERS OR ANY FORMAT OF INFORMATION. YOU OR SUCH OTHER PARTY MUST CONSULT A HEALTH CARE PROFESSIONAL FOR A COMPLETE DIAGNOSIS, TREATMENT AND/OR CARE.
c. NO WARRANTY OR LIABILITY. THE COMPANY ENTITIES EXPLICITLY DISCLAIM AND EXCLUDE ALL WARRANTIES REGARDING THE HEALTH MATERIALS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY OR REPRESENTATION IS MADE AS TO THE CURRENCY, ACCURACY, OR COMPLETENESS OF ANY OF THE HEALTH MATERIALS. USERS OF THIS SITE, CATALOGS, FLYERS OR ANY FORMAT OF INFORMATION ASSUME ALL RISKS ASSOCIATED WITH THE USE OF ANY OF THE HEALTH MATERIALS, AND THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ASSOCIATED WITH SUCH USE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
d. No Endorsement. Any health-related products or medications referred to herein are provided for informational purposes only and not by way of endorsement, recommendation, or approval by Lotus by Johnny Dung.
*All Lotus By Johnny Dung supplements have not been evaluated by Food & Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease. All materials for Lotus by Johnny Dũng is provided for your information only and may not be construed as medical advice or instruction, nor it has all possible information about the products. This information does not assure that all Lotus supplements is safe, effective or appropriate for you. This information is not individual medical advice or does not substitute for the advice of your health care professional. Always ask your health care professional for complete information about this products and your specific health needs. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS WEB SITE. (See Lotus Terms & Conditions.)
In accordance with laws governing literary and artistic property rights or other similar rights, the reproduction or redistribution of the elements that make up the Lotus by Johnny Dung website, in whole or in part, is strictly prohibited. All of the brands cited herein are registered trademarks.
Lotus by Johnny Dung is happy to welcome you to its website. While Lotus by Johnny Dung has endeavoured to ensure the accuracy of the information accessed via the website, Lotus by Johnny Dung does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the website, and declines all responsibility for technical inaccuracies or other errors. Lotus by Johnny Dung declines all responsibility for any difficulties encountered in accessing the site or for any communication line failure.
Lotus by Johnny Dung has adopted this Privacy Statement in order to inform you of its policies with respect to information collected from this website. Your use of this website constitutes your acceptance of this Privacy Statement and your consent to the practices it describes.
1. Information Collected on www.johnnydung.com
Automatic Collection of Anonymous Information
When you visit the Lotus by Johnny Dung website, like when you visit most other websites, certain anonymous information about your visit is automatically logged, which may include information about the type of browser you use, the server name and IP address through which you access the internet (such as "aol.com" or "earthlink.net"), the date and time you access the site, the pages you access while at the Lotus by Johnny Dung website, and the internet address of the website, if any, from which you linked directly to the Lotus by Johnny Dung site. This information is not personally identifiable.
Personally Identifiable Information
Personally Identifiable Information is any information that concerns you individually and would permit someone to contact you, for example, your name, address, telephone/fax number, social security number, email address or any information you submitted to JohnnyDung.com that identifies you individually.
Johnnydung.com will not collect any personally identifiable information about you unless you provide it. Therefore, if you do not want Johnnydung.com to obtain any personally identifiable information about you, do not submit it.
You can visit and browse the Lotus by Johnny Dung website without revealing personally identifiable information about yourself. You may also choose to disclose personally identifiable information about yourself, which may be maintained as described below. Johnnydung.com may collect personally identifiable information about you from its website by methods such as the following:
- Registration Forms - If you are offered the opportunity to enter a promotion, to become a registered user of the Johnnydung.com website, or to opt-in to receive Johnnydung.com information through another site, you must apply by filling out the registration form on the site. This form requires certain personally identifiable information that may include, without limitation, your name, email address, postal address, telephone number, areas of interest, product usage, and/or a unique individual password.
- Transactions and Activity - If you become a registered user or if you conduct transactions through the Lotus by Johnny Dung website, Johnnydung.com collects information about the transactions you engage in while on the website and your other activity on the site. This information may include, without limitation, areas of the website that you visit, transaction type, content that you view, download or submit, transaction amount, payment, shipping and billing information as well as the nature, quantity and price of the goods or services you exchange and the individuals or entities with whom you communicate or transact business.
- Email and other voluntary communications - You may also choose to communicate with Johnnydung.com through email, via our website, by telephone, in writing, or though other means. We collect the information in these communications, and such information may be personally identifiable.
2. Information Use
Johnnydung.com may use the personally identifiable information collected through its website primarily for such purposes as:
- helping to establish and verify the identity of users;
- opening, maintaining, administering and servicing users' accounts or memberships;
- processing, servicing or enforcing transactions and sending related communications;
- providing services and support to users;
- improving the website, including tailoring it to users' preferences;
- providing users with product or service updates, promotional notices and offers, and other information about Lotus by Johnny Dung and its affiliates;
- responding to your questions inquiries, comments and instructions;
- maintaining the security and integrity of its systems.
Johnnydung.com uses the anonymous browsing information collected automatically by its servers primarily to help it administer and improve its website. Johnnydung.com may also use aggregated anonymous information to provide information about its website to advertisers, potential business partners and other unaffiliated entities. Again, this information is not personally identifiable.
3. Disclosure of Information
Johnnydung.com does not provide personally identifiable information to unaffiliated third parties for their use in marketing directly to you. Lotus by Johnny Dung may use unaffiliated companies to help it maintain and operate its website or for other reasons related to the operation of its business, and those companies may receive your personally identifiable information for that purpose. Lotus by Johnny Dung may also disclose personally identifiable information about you in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted by law. Finally, as Lotus by Johnny Dung business develops, it may sell or buy corporate assets, and in such transactions customer information may be one of the transferred business assets. If Lotus by Johnny Dung, its internet businesses, or substantially all of its assets, is acquired, customer information may be one of the assets transferred.
4. Children's Privacy
This website is directed toward and designed for use by persons aged 13 or older. Johnnydung.com will not approve applications of, or establish or maintain accounts or memberships for, any child whom Johnnydung.com knows to be under the age of 13. Johnnydung.com does not solicit or knowingly collect personally identifiable information from children under the age of 13. If Johnnydung.com nevertheless discovers that it has received personally identifiable information from an individual who indicates that he or she is, or whom Lotus by Johnny Dung otherwise has reason to believe is, under the age of 13, Johnnydung.com will delete such information from its systems. Additionally, a child's parent or legal guardian may request that the child's information be corrected or deleted from Johnnydung.com ‘s files. Please send your request.
5."Cookies" and Advertisers
The Lotus by Johnny Dung website's server, or the servers of companies that are used to operate this site, may place a "cookie" on your computer in order to allow you to use the website and to personalize your experience.
A "cookie" is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer's hard drive. Cookies allow Johnnydung.com to recognize your computer while you are on its website and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of the website.
Most web browser applications (such as Microsoft Internet Explorer and Netscape Navigator) have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalized functions of this website.
Johnnydung.com maintains physical, electronic, and procedural safeguards to help guard personally identifiable information. If transactions are offered on the site, transaction information is transmitted to and from Johnnydung.com in encrypted form using industry-standard Secure Sockets Layer (SSL) connections to help protect such information from interception. Johnnydung.com restricts authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information. Please be aware, however, that any email or other transmission you send through the internet cannot be completely protected against unauthorized interception.
In order to provide service to you, Johnnydung.com will send you communications related to your transactions, security or the administration of its website. From time to time, Johnnydung.com and its affiliates may also wish to send you other messages or updates about Johnnydung.com, its affiliates, or their promotions and other activities. If you do not wish to receive non-transaction/security related communications from Johnnydung.com and its affiliates, please send your request.
9. Data Quality/Access
Johnnydung.com allows you to change, update, or delete the information you may provide in your optional registration form. If you would like to change, update, or delete your personal information, please send your request.
Usjadelotus.com reserves the right to modify or supplement this policy at any time. If a material change to the terms of this policy is made, Johnnydung.com will post a notice on its homepage and a link to the new policy.
If you have questions about this privacy statement, the information practices of Johnnydung.com or your dealings with Johnnydung.com, please contact Lotus by Johnny Dung, Inc., 11037 Warner Ave., #279, Fountain Valley, CA 92708, USA.