These Terms of Service (the “Terms”) govern your access to and use of the website at lotusnutra.com and the Lotus Nutra customer portal (collectively, the “Site”), operated by Honest Nutraceuticals LLC, a Wyoming limited liability company doing business as Lotus Nutra (“Lotus Nutra,” “we,” “us”). By accessing the Site, you agree to be bound by these Terms.
1. Relationship to engagement contracts
These Terms govern use of the Site. They do not constitute an offer or agreement to provide formulation services. Services contracted from Lotus Nutra are governed exclusively by the executed Master Formulation Services Agreement (“MFSA”) between the customer and Lotus Nutra, together with any executed Work Order, Advisory Services Addendum, or Acceptance Certificate. In the event of any conflict between these Terms and the MFSA, the MFSA controls.
2. Eligibility
The Site is intended for use by businesses and authorized representatives of businesses. You represent that you are at least 18 years old and have authority to act on behalf of any entity for which you create an account or submit information.
3. Customer portal accounts
Customer portal accounts are provisioned for customers engaged under an executed MFSA. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us promptly at security@lotusnutra.com if you suspect any unauthorized access.
4. Permitted use
You agree not to: (a) use the Site to violate any applicable law or regulation; (b) attempt to gain unauthorized access to any account, system, or data; (c) introduce malware or interfere with the operation of the Site; (d) reverse engineer, scrape, or systematically retrieve data from the Site except as expressly permitted; or (e) use the Site to harass, defraud, or impersonate any person.
5. Intellectual property
All content on the Site (other than customer-submitted content) — including text, layout, brand marks, logos, photography, and source code — is owned by Lotus Nutra or its licensors and is protected by applicable intellectual property laws. The Lotus Nutra name and lockup are trademarks of Honest Nutraceuticals LLC.
Ownership and licensing of formulation IP developed under an engagement is governed by the executed MFSA and the elected IP tier, not by these Terms.
6. Co-manufacturer network references
The Site references a curated network of independent co-manufacturers. Lotus Nutra does not manufacture products and is not a manufacturer of record. Any contract for manufacturing services is between the customer and the selected co-manufacturer. See the About page for an overview of the Path A architecture.
7. Affiliate disclosure
Lotus Nutra has common ownership with a separate corporate entity that may supply raw materials and encapsulation technology used in customer-specific formulations. Full details of the affiliate relationship are disclosed and acknowledged in Section 9 of every executed Master Formulation Services Agreement.
8. Disclaimers
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION. CONTENT ON THE SITE IS INFORMATIONAL AND DOES NOT CONSTITUTE LEGAL, REGULATORY, MEDICAL, OR INVESTMENT ADVICE.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOTUS NUTRA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
10. Governing law and dispute resolution
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Site will be resolved by binding arbitration administered in Hillsborough County, Florida, consistent with the dispute-resolution venue used in our customer contracts. The prevailing party in any arbitration is entitled to recover reasonable attorneys’ fees and costs.
11. Changes
We may update these Terms from time to time. Material changes will be reflected by updating the version number and effective date above and, where appropriate, by notice in the customer portal.
12. Contact
Honest Nutraceuticals LLC, dba Lotus Nutra
Legal notices: 30 N Gould Street, Ste R, Sheridan, WY 82801
Email: sales@lotusnutra.com