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TERMS AND CONDITIONS

This website is operated by Lotus Embers LLC. Throughout the site, the terms “we”, “us” and “our” refer to Lotus Embers LLC. Lotus Embers LLC offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By using or accessing our website, including but not limited to, our mobile website, mobile applications, profiles on social media sites and nay other digital services or properties operated or used by Lotus Embers from time to time collectively referred to as the “Sites” or by making a purchase from us, you engage in our service “Service” agree to comply with and be bound by the following Terms of Use Agreement “Agreement” or “Terms of Use”, including any additional terms and policies referenced herein. Please read this Agreement carefully. If you do not agree to the Terms of Use, you must immediately terminate use of the Site(s).

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ELIGIBILITY
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

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You may not sue our products for any illegal or unauthorized purpose(s) nor may you, in the use of the Service, violate any laws in your jurisdiction including, but not limited to, copyright laws.

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You should not transmit any worms or viruses or any code of any destructive nature.

Any breach or violation of any of the Terms will result in immediate termination of your Services or access to this site.

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PARENTAL CONTROLS AND CHILDRENS PRIVACY
If you are not of legal age, you are not authorized to use this site. We do not solicit any personal information from children. Parents should be aware that there are online parental controls available you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.

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PRIVACY STATEMENT
We value the privacy of our visitors and are committed to protecting your privacy. Your submission of personal information through our shop(s) is governed by our Privacy Policy. Please take the time to review our Privacy Policy.

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GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your consent, not including credit card information, may be transferred unencrypted and involve; 1) transmission over various networks and 2) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service(s), use of the Service(s), or access to the Service (s) or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current.  The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

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This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor change to our site.

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MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products or services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service(s) or any part or content thereof without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service(s).

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PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only accordance to our Return Policy.

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We have made every effort to display as accurately as possible the colors, images and descriptions of our products that appear on our Site.  We cannot guarantee that your monitor’s display of any color will be accurate.

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We reserve the right, but are not obligated, to limit the sales of our products or Services to any one person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer.  All descriptions of products or product  pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

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We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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BILLING AND ACCOUNT INFORMATION ACCURACY
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer(s) account, the same credit card(s), and/or orders that use the same billing and/or shipping address.  In the event that we make a Change to our cancel an order, we may attempt to notify you by contacting the email, billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please read our Return Policy.

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THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

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We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transactions. Complaints, concerns, or questions regarding third-party products should be directed to the third-party.

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OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor, control nor have any input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

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Any use by you of optional tools offered throughout the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through out website (including the release of new tools and resources). Such new features and or services shall also be subject to these Terms and Service.

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USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (i.e. post or uploads) or without a request from us you send creative ideas, suggestions, proposals, other marketing materials, on-line, by email, postal mail, social media or otherwise (collectively referred to as “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium and Comments that you forward to us. We are and shall be under no obligation 1) to maintain any Comments in confidence; 2) pay compensation for any Comments or 3) respond to any Comments.

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We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or this Agreement.

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You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or propriety right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

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ERRORS, INACURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you’ve submitted your order).

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We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

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PROHIBITED USES
In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the site or its content: 1) for any unlawful purpose 2) to solicit others to perform or participate in any unlawful acts; 3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others 5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, rage, age, national origin, or disability; 6) to submit false or misleading information 7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet 8) to collect or track the personal information of others 9) to spam, phish, pharm, pretext, spider, crawl, or scrape; 10) for any obscene or immortal purpose; or 11) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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TRADEMARKS AND COPYRIGHTS
All material from this website is considered property of Lotus Embers LLC and unauthorized use of such material is strictly prohibited. This includes any content such as graphics, hyper-links, images, text, etc. The content on this site is of exclusive use to Lotus Embers LLC either directly or indirectly, and business Trademarks. No material may be uploaded, posted, copied reproduced, distributed or republished in any way. No  portion of this site may be copied, sold, resold, reproduced, duplicated, or otherwise exploited for any commercial purpose that is not permitted in writing by Lotus Embers LLC.  We reserve the right to cancel orders, and/or refuse services at our discretion if we believe that a customer is in violation of applicable laws or is harmful to our interests.  There shall be no representation made on this website that would be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the site. Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion to our customers, or in any manner that disparages or discredit us.

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DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

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You agree that from time-to-time we may remove the service for indefinite periods o time or cancel the service at any time, without notice to you

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You expressly agree that your use of, or inability to use, the service is at your own risk. The service(s) and all products delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditionals of any kind, either express or implied, including all implied warranties or conditional of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

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In no case shall Lotus Embers LLC, owners, employees, affiliates, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contact, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or an product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content or product posted, transmitted, or otherwise made available via the service even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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IDEMNFICATION
You agree to indemnify, defend, and hold Lotus Embers, LLC and our owners, employees, affiliates, suppliers, service providers or licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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SERVERABILITY
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

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TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes

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These terms of use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

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If in our sole judgement you fail, or we suspect that you have failed to comply with any term or provision of this Agreement, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up and including the date of termination; and accordingly may deny you access to our Service (s) or any part thereof.

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ENTIRE AGREEMENT
The failure of use to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

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This agreement and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to any prior versions of the Terms of Use).

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Any ambiguities in the interpretation of this Agreement shall not be construed against the drafty party.

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GOVERNING LAW
This agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York

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Please note that we reserve the right to update, change or replace any part of this Agreement by posting updates or changes to this site.  You are responsible for checking the Terms and Conditions page periodically for any changes.  Your continued use or access of our website following the posting of any updates constitutes acceptance of any changes.

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Questions about this Terms of Use Agreement should be sent to us at info@lotusembersllc.com