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Terms of Use

Welcome to the Blue Lotus Fitness Website. Please read these terms and
conditions carefully. By your use of this Website, you agree to be bound
by and comply with the terms and conditions below. These terms and
conditions are subject to change without notice, from time to time in our
sole discretion. We will notify you of amendments to these terms and
conditions by posting them to this Website. If you do not agree with
these terms and conditions, please do not access this Website.

Health Disclaimer

ANY AND ALL INFORMATION CONTAINED ON THIS WEBSITE
IS NOT INTENDED TO TAKE THE PLACE OF MEDICAL ADVICE
FROM A HEALTH CARE PROFESSIONAL. EXERCISE, DIET AND
HEALTH RELATED MATTERS VARY FROM PERSON TO
PERSON. NOTHING ON THIS WEBSITE SHALL BE
CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL
ADVICE, DIAGNOSIS OR TREATMENT.

ANY ACTION WHATSOEVER WHICH IS TAKEN BASED ON THE
CONTENTS OF THIS WEBSITE OR ANY OF ITS RELATED SITES,
MATERIALS, PRODUCTS OR INFORMATION IS TO BE USED
SOLELY AT YOUR OWN DISCRETION, RISK AND LIABILITY.
YOU SHOULD ALWAYS CONSULT THE APPROPRIATE HEALTH
PROFESSIONALS ON ANY MATTER THAT IS RELATED TO
YOUR HEALTH AND WELL BEING BEFORE PROCEEDING WITH
ANY ACTION PERTAINING TO HEALTH RELATED ISSUES.

WHILE THE INFORMATION PROVIDED ON THIS WEBSITE IS
BELIEVED TO BE ACCURATE, THIS WEBSITE ASSUMES NO
LIABILITY FOR THE USE OR MISUSE OF INFORMATION AND
PRODUCTS ON THIS WEBSITE.

NEITHER THIS WEBSITE NOR ITS AFFILIATES, DIRECTORS,
OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS,
REPRESENTATIVES, SUCCESSORS OR ASSIGNS, SHALL BE
RESPONSIBLE IF YOU FAIL TO CONSULT THE APPROPRIATE
HEALTH AUTHORITIES WITH RESPECT TO YOUR HEALTH
CARE BEFORE ACTING ON OR USING ANY INFORMATION OR
PRODUCTS FOUND ON THIS WEBSITE, NOR WILL THEY BE
RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR THE USE
OR MISUSE OF, THE INFORMATION ON THIS WEBSITE

Disclaimer of Warranty

ALL CONTENT, MATERIALS, PRODUCTS, SERVICES AND
INFORMATION MADE AVAILABLE ON OR THROUGH THIS
WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SUBJECT TO THE FOREGOING, BLUE LOTUS FITNESS
DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING,
WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ALL EXPRESS WARRANTIES
EXCEPT THOSE EXPLICITLY MADE IN THESE TERMS AND
CONDITIONS. BLUE LOTUS FITNESS MAKES NO
REPRESENTATION THAT THE INFORMATION OR CONTENT
CONTAINED ON THIS WEBSITE, YOUR RESULTS IN USING
THIS WEBSITE, OR THE SERVICE ITSELF WILL BE ACCURATE,
VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR
THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF
ANY THIRD PARTY. BLUE LOTUS FITNESS DOES NOT
WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS,
SERVICES AND INFORMATION MADE AVAILABLE TO YOU
THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT
FROM BLUE LOTUS FITNESS WILL BE UNINTERRUPTED,
ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL
AGENTS OR COMPONENTS, SECURE OR TIMELY. BLUE LOTUS
FITNESS MAKES NO REPRESENTATION AND SPECIFICALLY
DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED
TO THIS WEBSITE.

THIS DISCLAIMER BY BLUE LOTUS FITNESS IN NO WAY
AFFECTS THE TERMS OF ANY MANUFACTURER’S OR THIRD
PARTY SELLER’S WARRANTY, IF ANY, RELATED TO THE
GOODS PURCHASED VIA THIS WEBSITE. TITLE TO GOODS
AND MERCHANDISE IS RETAINED BY BLUE LOTUS FITNESS
UNTIL THE GOODS AND MERCHANDISE ARE PAID FOR BY
THE PURCHASER AT WHICH TIME TITLE PASSES TO THE
PURCHASER.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES. 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.

Limitation of Liability

YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED UNDER
APPLICABLE LAWS, NEITHER BLUE LOTUS FITNESS NOR ITS
AFFILIATES, NOR THE DIRECTORS, OFFICERS, OWNERS,
EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES,
SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE FOR
ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED
TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY
OTHER WEBSITE LINKED TO THIS WEBSITE. THIS WAIVER OF
LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY,
STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY
SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST
REVENUE, BUSINESS INTERRUPTION OR THE LOSS OF DATA
OR INFORMATION, EVEN IF BLUE LOTUS FITNESS IS
NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH
DAMAGES AND REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
WARRANTY, STRICT OR PRODUCT LIABILITY OR OTHERWISE.

Trademarks and Copyrights

You agree that all content appearing on this Website including, but not
limited to, code, trademarks, service marks, trade names, graphics,
images, text, audio clips, button icons, digital downloads, data
compilations and computer software are the sole property of Blue Lotus
Fitness or its partners and suppliers, and protected by United States and
international copyright laws. The compilation of all content on this
Website is the exclusive property of Blue Lotus Fitness and protected by
United States and international laws. All software used on this site is the
property of Blue Lotus Fitness or its software suppliers and protected by
United States and international copyright laws. Users are granted
permission to browse and use the Blue Lotus Fitness Website for its
intended purpose, which is for your use only as a consumer. Any other
use including, but not limited to, the reproduction, duplication,
modification, distribution, sale, transmission, republication, removal,
deletion, addition, framing, display, or performance of the content on
this Website or the exploitation in any other manner of any of the
content of this Website, in part or in whole, is strictly prohibited. Except
as expressly authorized in writing, the use or misuse of any trademarks,
service marks, trade names, logos, text, images, graphics, intellectual
property or content from this Website is strictly prohibited.
Blue Lotus Fitness does not grant, by implication or otherwise, any
license or right to use any trademark, service mark, trade name or logo,
or the content displayed on this Website, without the prior written
consent of Blue Lotus Fitness. Blue Lotus Fitness prohibits the use of
the Blue Lotus Fitness logo or other proprietary graphics or trademarks
as a link to any Website unless the creation of such a link is approved in
advance, and in writing, by Blue Lotus Fitness. Registered and
unregistered proprietary information is owned and held by Blue Lotus
Fitness and its licensors and, therefore, you may be liable for
infringement or misappropriation or other legal action to the fullest
extent of the law if you misuse this Website in any form, either
mentioned or unmentioned.

Blue Lotus Fitness is a trademark or trade dress in the United States and/
or other countries. Blue Lotus Fitness’s trademarks and trade dress may
not be used in connection with any product or service that is not Blue
Lotus Fitness’s, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Blue Lotus
Fitness. All other trademarks not owned by Blue Lotus Fitness that
appear on this Website are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by, Blue
Lotus Fitness.

Third Party Websites

You agree that Blue Lotus Fitness encourages you to exercise discretion
browsing the internet. Our Website, products or services may direct you
to sites containing information that some people may find offensive or
inappropriate. Any such link is provided solely as a convenience to you.
Blue Lotus Fitness and its affiliates make no representation or warranty
about the legality of any third party Website nor about its accuracy,
content, products or services. Any such Website is independent from
Blue Lotus Fitness, and Blue Lotus Fitness has no control over, or
responsibility with respect to, the information provided or activities
undertaken by any such Website. A link between Blue Lotus Fitness and
another Website further does not mean that Blue Lotus Fitness endorses,
recommends, sponsors or approves that Website. Linking to off-site
pages is done at your own risk, requiring you to make your own
independent decisions regarding your interactions or communications
with any other Website. Blue Lotus Fitness expressly disclaims any
responsibility or liability for any damage, loss, or injury arising out of
the activities of any third party, the goods or services offered or the
content displayed by any such third party not under the Blue Lotus
Fitness domain.

Use Restrictions

This Website is for your personal, non-commercial use only. You agree
that you will not use this Website for any commercial or political
purpose including, but not limited to, advertising, soliciting funds,
collecting product prices or selling products; to monitor, gather or copy
content on this Website by using any robot, “bot”, spider, crawler,
spyware, engine, device, software, extraction tool, or any other
automatic device, utility or manual process of any kind; to frame or
utilize framing techniques to enclose any trademark or other proprietary
information including, but not limited to, any images, text, or page
layout; to use any meta tags or any other “hidden text” utilizing Blue
Lotus Fitness’s name or any trademarks; to engage in any activity that
interferes with a user’s access to the Website or the proper operation of
this Website. You may not modify, reproduce, duplicate, copy, distribute,
sell, resell, publish, license, visit or otherwise exploit this Website for
any commercial purpose. You also agree that in using this Website you
will not impersonate any person or entity.

Unlawful Conduct

You agree that you are prohibited from posting or transmitting to the
Blue Lotus Fitness Website any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic or profane
material, or any other material that could give rise to any civil or
criminal liability under the law, as well as anything in contravention of
these Terms and Conditions. Blue Lotus Fitness reserves the right to
seek all remedies available at law and in equity for violations of these
Terms and Conditions, including the right to block access from a
particular internet address to this Website.

Termination of Use of This Website

You agree that any violation of these Terms and Conditions, the
unauthorized use of this Website, content materials and intellectual
property as well as any fraudulent, abusive or otherwise illegal activity
shall be grounds for termination of your right to access, browse and use
this Website. Blue Lotus Fitness reserves the right to terminate or
suspend your access to this Website and its content and use at any time,
with or without notice at Blue Lotus Fitness’s discretion.

Product Descriptions

Blue Lotus Fitness attempts to be as accurate as possible. However, Blue
Lotus Fitness does not warrant that product descriptions or other content
of this Website is accurate, complete, reliable, current or error free. If a
product offered by Blue Lotus Fitness is not as described, your sole
remedy is to return it in unused condition.

Limited Availability and Price

In the event a product or service is listed at an incorrect price due to a
typographical error or an error in pricing information received from our
suppliers, Blue Lotus Fitness shall have the right to refuse or cancel any
orders placed for product or service listed at the incorrect price. Blue
Lotus Fitness shall have the right to limit the number of items purchased
through this Website. Blue Lotus Fitness shall have the right to refuse or
cancel any order whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for the
purchase and your order is cancelled, Blue Lotus Fitness shall
immediately issue a credit to your credit card account in the amount of
the charge.

Revisions

Blue Lotus Fitness may, in its sole discretion, and with or without notice
to you, make changes to, or discontinue, any aspect of this Website
including, without limitation, any content, products, services or prices
offered through this Website. Blue Lotus Fitness shall not be liable to
you or any third party should it exercise this right to modify or
discontinue this Website. Blue Lotus Fitness also reserves the right to
revise the Terms and Conditions of this Website at any time. All
revisions will be posted on these Terms and Conditions and will be
effective immediately upon its posting. By surfing, using, browsing or
purchasing on this Website, you are deemed notified and bound by any
changes to these Terms and Conditions. We encourage users to review
these Terms and Conditions each time you visit this Website to remain
informed of any changes to them.

Electronic Communications

When you visit this Website or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be
in writing.

Consent

By accessing, browsing and/or using this Website, you acknowledge that
you have read, understood and agree to be bound by these Terms and
Conditions and you agree to comply with all applicable laws and
regulations. If you do not agree to these terms then please do not use this
Website.

Privacy Policy

The privacy of those who visit our Website is of primary concern to Blue
Lotus Fitness. We adhere to the highest ethical standards of the industry.
We automatically gather some data from everyone who visits our
Website, while other information is obtained at the discretion of the
individual. Our sole purpose in doing this is to enhance the experience of
individual visitors to our Website. None of this information is shared
with outside parties other than companies we employ to perform
functions on our behalf, to whom limited data is given as is necessary in
order to complete a transaction or to maintain or relationship with you.

Cookies

Blue Lotus Fitness reserves the right to store information on your
computer in the form of a cookie or similar file for purposes of
modifying this Website to reflect your preferences. Cookies allow us to
respond to you as an individual, thus allowing us to personalize,
customize and quickly process and complete your experience without
having to continually request the same basic information from you.
Cookies do not give us access to your computer or any information
about you, other than the data which you choose to share with us, and
are not used to store any personal information such as name, address or
payment information.

Disclosure to Authorities

Blue Lotus Fitness cannot guarantee that all private communications and
other personally identifiable information will never be disclosed in ways
not otherwise described in these Terms and Conditions. We reserve the
right, and may be forced, to disclose any and all information to
government bodies or government officials or third parties under certain
circumstances or third parties may unlawfully intercept or access
transmissions or private communications. As such, you authorize Blue
Lotus Fitness to disclose any and all information about you to law
enforcement or other government officials as we, in our sole discretion,
believe necessary or appropriate, in connection with any investigation of
fraud, intellectual property infringements or other activity that is, or may
be, illegal or that may expose Blue Lotus Fitness to legal liability.

Indemnification

You agree to indemnify, defend and hold harmless Blue Lotus Fitness,
its affiliates, subsidiaries, officers, directors, owners, employees, agents,
contractors, licensors and licensees, representatives, successors or
assigns, from all damages, liabilities, costs and expenses, including
reasonable attorneys’ fees, on account of any claim, suit, action, demand
or proceeding made or brought against any such party, or on account of
the investigation, defense or settlement thereof, arising in connection
with your use of this Website.

Enforceability, Governing Law and Jurisdiction

In the event that any of the terms or provisions of these Terms and
Conditions shall be held by a court of competent jurisdiction to be
unenforceable, then such terms or provisions shall be construed, as
nearly as possible, to reflect the intentions of the parties with the other
terms and provisions remaining in full force and effect.
Your access to and use of this Website, and these Terms and Conditions,
are governed and construed in accordance with the laws of the State of
Colorado, without regard to its conflicts of law provisions. Any action
against Blue Lotus Fitness arising from, or relating to, your access to
and use of this Website and the provisions of these Terms and
Conditions must be brought by you exclusively in the state and federal
courts located in Boulder County, State of Colorado. You consent and
submit to the exclusive personal jurisdiction and venue of the state and
federal courts located in Boulder County, State of Colorado, for the
adjudication of all claims by Blue Lotus Fitness against you arising
from, or relating to, your access to and use of this Website and the
provisions of these Terms and Conditions. You agree to waive any and
all objections that you may have to Colorado law as the governing law
and to the sole and exclusive venue being Boulder County, Colorado. If
you do not agree to these terms then you must immediately cease using
this Website and its services. Your continuing to use this Website and its
services will constitute your consent to these terms.
Blue Lotus Fitness’s failure to exercise or enforce any right or provision
of these Terms and Conditions shall not constitute a waiver of such right
or provision unless acknowledged and agreed to by Blue Lotus Fitness
in writing. You acknowledge and agree that you will not seek to litigate
any claims against Blue Lotus Fitness or any of its affiliates on a class
action or representative party basis and that you shall pursue such claims
solely on an individual basis.

Limitations on Actions

Any action concerning any dispute that you may have with respect to,
arising out of, or in connection with this Website must be commenced
within one (1) year after the cause of the dispute first arises, and your
failure to do so will permanently bar any cause of action that you may
have.

Your Representations

You represent that you are 18 years of age or older and that you are not
under any legal or other disability which limits your ability to comply
with these Terms and Conditions.