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1 – ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between YOU and LOTUS ESTHETIC & SKIN CARE. (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of https://www.lotusesthetic.com/, including any content, functionality, and services offered on or through https://www.lotusesthetic.com/ (the “Website“), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older or if, younger, have received parental consent to incorporate and use LOTUS ESTHETIC & SKIN CARE services and products, reside in the United States or a country without any restrictions in the United States. By using this Website, you represent and warrant that you are of legal age to take a service with the Company and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2 – OUR SERVICES
Our skin care and dermo aesthetic treatments are offered to our LOTUS ESTHETIC & SKIN CARE customers. It allows our users to prevent the aging in the United States and to reduce some of the skin issues. Users will be able to access documents generated by the LOTUS ESTHETIC & SKIN CARE platform, connect with LOTUS ESTHETIC & SKIN CARE partners that execute different services for users, and take advantage of perks and discounts within the LOTUS ESTHETIC & SKIN CARE Network.
3 – FEES
We charge a fee for use of the services available on our website. You are responsible for any fees applicable to other features, products, services or licenses you purchase or that are purchased through your account. You authorize us or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees.
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law or otherwise stated on the site or in the services, all fees are nonrefundable and payments and purchases may not be canceled by the user. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.
4 – INFORMATION PROVIDED AS-IS
Information obtained from LOTUS ESTHETIC & SKIN CARE, or the Website should NOT be used as a substitute for legal advice from an attorney. It is provided “as is”, is not guaranteed to be correct, complete, or up-to-date, and LOTUS ESTHETIC & SKIN CARE expressly disclaims all warranties and disclaims any and all liability of responsibility for loss, claim, liability, or damage that is a result of or in any manner related to errors or omissions in the content provided by LOTUS ESTHETIC & SKIN CARE or the Website.
5 – CONTENT
Any information, text, graphics, photos or other materials uploaded, downloaded or appearing in connection with our Services or on our website, including all Personal Data, are collectively referred to as “Content”. When you provide Content to us (“Customer Content”), you warrant to us that you have all rights necessary to provide your Content to us.
In addition to Customer Content, some of the Content on the Services and Website is owned by us (“LOTUS ESTHETIC & SKIN CARE Content”), and by partners and other entities (“Third Party Content”). You may use LOTUS ESTHETIC & SKIN CARE Content and Third-Party Content for your personal use only. Except for Customer Content, you may not share any Content with any other person or entity without the prior written permission of the owner of that Content. For example, you would need to obtain our prior written permission prior to re-posting any LOTUS ESTHETIC & SKIN CARE Content to another website or sharing it with others.
We own LOTUS ESTHETIC & SKIN CARE Content and the Services, and all intellectual property associated therewith, including copyrights and trademarks. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the Content other than Customer Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services or any Content, other than Customer Content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person that originates the Content. We do not monitor the Content posted via the Services. LOTUS ESTHETIC & SKIN CARE will not be liable for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content.
Your use of or reliance on any Content or materials posted on our Website or provided to or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Website or in connection with the Services. We do not endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or Content that have been mislabeled or are otherwise deceptive.
You grant LOTUS ESTHETIC & SKIN CARE and agree to grant LOTUS ESTHETIC & SKIN CARE a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicensable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize Customer Content in any form, format or process now known or hereafter discovered, via the Services or otherwise, including but not limited to any Customer-generated Content, ideas, concepts, techniques or data, without any further consent by you, and without any notice or compensation to you or to any third parties (“Content License”). Except for the Content License you grant to us, you retain all ownership or other rights you may have to Customer Content. Prior to providing us with Customer Content, you should retain a copy of Customer Content in a safe place accessible to you.
You are responsible for your use of the Services, for your Content, and for the consequences of what you do.
By Customer providing any email address, phone number, cellular phone number, or any other means of contacting Customer (“Customer Contact Information”), Customer expressly agrees that LOTUS ESTHETIC & SKIN CARE can contact such Customer via such Customer Contact Information (including via text messages) for any purpose, including providing information regarding or in connection with the Services, as well as for marketing purposes.
6 – CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on/or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
7 – ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website, to users, including registered users.
You are responsible for both:
1. Making all arrangements necessary for you to have access to the Website.
2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
8 – DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY LOTUS ESTHETIC & SKIN CARE, THE SERVICES, OR ANYTHING RELATED TO THE SERVICES, YOU MAY STOP USING THE SERVICES. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY. IN PARTICULAR, WE DISCLAIM THAT THE SERVICES WILL RESULT IN ANY PARTICULAR FINANCIAL BENEFIT OR OTHER BENEFIT OR SUCCESS TO CUSTOMERS IN ANY WAY.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. THE OPERATION OF THE SERVICES, INCLUDING THE WEBSITE, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.
9 – LAWFUL USE
Customer hereby agrees, represents, and confirms that Customer will not use the information presented, products, Services or materials purchased from or provided by LOTUS ESTHETIC & SKIN CARE to commit fraud or any other illegal act or crime; to mispresent identity or legal purpose; to misrepresent, misstate, or falsify information on legal documentation; to misrepresent or mistake any fact; or in any other unlawful, illegal or improper manner. Customer hereby agrees to be responsible for any costs, including legal fees, incurred by LOTUS ESTHETIC & SKIN CARE in the event Customer fails to conform to this requirement. Customer hereby accepts full liability and shall indemnify, defend and hold LOTUS ESTHETIC & SKIN CARE, its owners, agents, employees, representatives, and providers harmless from any and all damages, claims, demands, judgments, expenses, and causes of action asserted against LOTUS ESTHETIC & SKIN CARE by any person or local, state or federal government agency arising from or out of any event, circumstance, act or incident resulting from Customer’s use or misuse of the information presented, or products, Services or materials provided by LOTUS ESTHETIC & SKIN CARE.
Customer hereby agrees and confirms to give LOTUS ESTHETIC & SKIN CARE complete authority to sign documents on Customer’s behalf for the purpose of, and not limited to, completing any order or modification thereof on Customer’s behalf.
10 – LIMITATION OF LIABILITY
CUSTOMER HEREBY AGREES THAT IN NO EVENT SHALL LOTUS ESTHETIC & SKIN CARE BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, INJURY, OR LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE OR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR INFORMATION PROVIDED BY LOTUS ESTHETIC & SKIN CARE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES).
TO THE EXTENT PERMITTED BY LAW, NEITHER LOTUS ESTHETIC & SKIN CARE NOR ANY OF LOTUS ESTHETIC & SKIN CARE AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID LOTUS ESTHETIC & SKIN CARE DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.
NEITHER LOTUS ESTHETIC & SKIN CARE NOR ANY OF LOTUS ESTHETIC & SKIN CARE AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
11 – WAIVER AND RELEASE
Customer hereby waives, discharges, and releases LOTUS ESTHETIC & SKIN CARE of any and all claims, losses, demands, or liability of any kind against LOTUS ESTHETIC & SKIN CARE, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third-party providers, whether known, unknown, disclosed or undisclosed, arising out of or in any way connected with your use of the information or Services of LOTUS ESTHETIC & SKIN CARE.
Customer also acknowledges and agrees that when third parties provide fulfillment services on LOTUS ESTHETIC & SKIN CARE’s behalf and such services have been appropriately charged to Customer, including auto-renew fees, such fulfillment services cannot be subject to any type of refund and/or discount after charges for those services have been applied to the Customer’s account.
12 – INDEMNIFICATION
Customer hereby agrees to indemnify, defend and hold harmless LOTUS ESTHETIC & SKIN CARE, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third-party providers, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected with Customer’s use of the information or Services of LOTUS ESTHETIC & SKIN CARE. Customer hereby agrees to indemnify, defend and hold harmless LOTUS ESTHETIC & SKIN CARE, its owners, representatives, and employees, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected to Services provided by an affiliate, partner, supplier, third party provider or vendor including but not limited to any act, omission, negligence, or error by such affiliate, partner, supplier, third party provider or vendor.
You agree to defend, indemnify and hold LOTUS ESTHETIC & SKIN CARE and its partners, as well as any of our respective subsidiaries, affiliated companies, officers, employees, members, directors, or service providers (“LOTUS ESTHETIC & SKIN CARE Affiliates”) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We ask that you cooperate as reasonably requested by LOTUS ESTHETIC & SKIN CARE in the defense of any claim. LOTUS ESTHETIC & SKIN CARE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. Customer will not in any event settle any claim against LOTUS ESTHETIC & SKIN CARE or LOTUS ESTHETIC & SKIN CARE Affiliates, without the prior written consent of LOTUS ESTHETIC & SKIN CARE, which consent LOTUS ESTHETIC & SKIN CARE may refuse in its sole discretion.
13 – CHOICE OF LAW AND BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.
The laws of the state of California shall govern this Agreement without giving effect to conflict of laws principles. We agree that any dispute, claim, or disagreement between us shall be resolved exclusively by arbitration. Arbitration is a process in which persons with a dispute(s): (i) agree to submit their dispute(s) to a neutral third person (an “arbitrator”) for a decision; and (ii) waive their rights to file a lawsuit in court to resolve their dispute(s). Each party to the dispute(s) has an opportunity to present some evidence to the arbitrator. pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely overturns an arbitrator’s decision.
THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
For purposes of this Arbitration Provision the words “dispute” and “disputes” are given the broadest possible meaning and include, without limitation (i) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (ii) all federal or State law claims, disputes or controversies, arising from or relating directly or indirectly to this Agreement (including the Arbitration Provision), the information you gave us before entering into this Agreement, and/or any past agreement or agreements between you and us; (iii) all counterclaims, cross-claims and third-party claims; (iv) all common law claims, based upon contract, tort, fraud, or other intentional torts; (v) all claims based upon a violation of any state or federal statute or regulation; (vi) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (vii) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, managers, or affiliated entities (hereinafter collectively referred to as “related third parties”), including claims for money damages and/or equitable or injunctive relief; (viii) all claims asserted on your behalf by another person; and/or (ix) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties.
All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association in effect at the time of the dispute. The cost of the arbitration will be born equally by the parties. The arbitration award will be final and binding and may be enforced by any court in Alameda jurisdiction.
Only disputes involving you and LOTUS ESTHETIC & SKIN CARE may be addressed in the arbitration. This means that the arbitration may not address disputes involving other persons with disputes similar to the disputes between you and LOTUS ESTHETIC & SKIN CARE.
The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under this agreement. All statutes of limitations that apply to any dispute shall apply to any arbitration between us. The Arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law.
Binding Effect. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors, and assigns. The Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. The Arbitration Provision continues in full force and effect, even if your obligations have been prepaid, paid, or discharged through bankruptcy. The Arbitration Provision survives any termination, amendment, expiration, or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing.
Severability. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Provision, unless the provision precluding the arbitrator from conducting a class arbitration as set forth above is deemed invalid or unenforceable, in which case this entire Arbitration Provision shall be deemed void.
14 – GENERAL PROVISIONS
14.1 Severability. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
14.2 Entire Agreement. These Terms constitute the entire, complete and exclusive agreement between you and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. You acknowledge that you have had the opportunity to review these Terms and our Privacy Policy with counsel of your choice.
14.3 No Informal Waivers, Agreements or Representations. Any failure to act with respect to a breach of these Terms by one party does not waive the other party’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by either party or its affiliates shall be deemed legally binding unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms.
14.4 Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms without the prior written permission of LOTUS ESTHETIC & SKIN CARE. Any purported assignment and delegation by you will be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms and Privacy Policy, effective on sending a notice to you at the email address we have for you, or if we have no email address for you, by posting a notice of assignment on the Website.
CUSTOMER HEREBY AGREES THAT CUSTOMER HAS READ AND AGREES WITH THIS LEGAL DISCLAIMER AND TERMS AND CONDITIONS IN ITS ENTIRETY
Thank you for choosing LOTUS ESTHETIC & SKIN CARE. We value the privacy of your personal information and recognize that you have the right to protect and secure that data.
This Privacy Policy describes the information LOTUS ESTHETIC & SKIN CARE, (referred to as, “LOTUS ESTHETIC & SKIN CARE” “we” or “us”) collects or allows others to collect from you and your computer or device when you use LOTUS ESTHETIC & SKIN CARE website. This Privacy Policy also explains how that information may be used and shared and the choices you have to limit or prevent certain uses or sharing of that information.
By using or accessing the Services, you agree to the terms of this Privacy Policy. We may update our Privacy Policy to reflect changes to our information practices. If we do this and the changes are material, we will post a notice that we have made changes to this Privacy Policy at https://www.lotusesthetic.com/privacy-policy for at least 7 days before the changes are made, and we will indicate the date these terms were last revised at the top of the Privacy Policy. Any revisions to this Privacy Policy will become effective at the end of that 7-day period.
1 – PERSONAL INFORMATION WE COLLECT FROM YOU
We collect information from you which, either singularly or in conjunction with other pieces of date, may be used to specifically identify you (“personal information”). The personal information we collect includes:
2 – INFORMATION YOU PROVIDE DIRECTLY THROUGH OUR SERVICES
We, and service providers working on our behalf, will collect any information that you choose to provide directly through our Services. For example, such information may be collected when you:
We also may ask you to provide other information about yourself for various other purposes that we specify or make apparent at the time of collection.
3 – INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES
We, our service providers, and our vendors working on our behalf automatically collect certain information about your computer or device and your interactions with our Services through certain tracking technologies. Depending on which Services you use and how you access them, the information collected automatically may include:
3.1 – Your navigation path through the Services.
3.2 – Information about your interactions with our email messages, such as links clicked on and whether messages were opened or forwarded.
3.3 – Any error you encountered during your use of the Services.
This information helps us improve our Service and to deliver a better and more personalized service, including by enabling us to:
a. Estimate our audience size and usage patterns.
b. Store information about your preferences, allowing you to customize your Services according to your individual interests.
c. To speed up your searches.
d. To recognize users when they return to use our Services.
The technologies we use for this automatic data collection may include:
e. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services.
4 – HOW WE USE THE DATA WE COLLECT
We use information that we collect about you or that you provide to us, including any personal information:
• To present the Services and its contents to our users.
• To provide us with information, products, or services that users request from us.
• To fulfill any other purpose users intend it.
• To provide users with notices about their accounts or subscriptions, including expiration and renewal notices.
• To carry out your obligations and to enforce your rights arising from any contracts entered into between us and our users, including for billing and collection.
• To notify users about changes to the Services or any products offered or provided to users.
• To allow users to participate in interactive features available on our Services.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please email us at legal@lotusesthetic.com. For more information, see Choices About How We Use and Disclose Your Information.
5 – HOW WE MAY DISCLOSE YOUR INFORMATION
We may disclose personal information that we collect or you provide as described in this privacy policy:
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
We may also disclose your personal information:
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of LOTUS ESTHETIC & SKIN CARE, our customers, or others.
6 – DATA RETENTION AND USER CHOICES
Data Retention. We keep your personal information only as long as necessary to provide you with the LOTUS ESTHETIC & SKIN CARE Services and for legitimate and essential business purposes, such as maintaining the performance of the LOTUS ESTHETIC & SKIN CARE Services, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal information for as long as you are a user of the LOTUS ESTHETIC & SKIN CARE Services.
If you request, we will delete or anonymize your personal information so that it no longer identifies you, unless we are legally allowed or required to maintain certain personal information, including situations such as the following:
• If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal information until the issue is resolved;
• Where we need to retain the personal information for our legal, tax, audit, and accounting obligations, we will retain the necessary personal information for the period required by applicable law; and/or,
• Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
User Choices. You can review and change your personal information by logging into your account and changing your preferences on the account profile page.
You may also send us an email at legal@lotusesthetic.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
7 – SECURITY
We employ physical, electronic, and managerial safeguards in an effort to secure the information we collect. These safeguards vary based on the sensitivity of the information. Because no security system is impenetrable, however, we cannot guarantee the security of our databases or that information you supply will never be intercepted, accessed, or disclosed in a manner that is inconsistent with this Privacy Policy. Because most email and mobile transmissions are not encrypted, you should take special care in deciding what information you send to us via email, text messages, or other mobile transmissions.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
8 – INFORMATION ABOUT YOUR RIGHTS
Upon your request, and subject to applicable legal exceptions, we will:
California Rights
In addition to the rights and information listed above, California consumers and their authorized agents can request information about:
LOTUS ESTHETIC & SKIN CARE does not sell your data, as defined under applicable law, such as the California Consumer Privacy Act (CCPA).
Nevada Rights
Under Nevada law, certain Nevada consumers may opt out of the sale of information about you. We do not sell your data. However, if you are a Nevada resident you may submit a request to opt out of any potential future sales under Nevada law. Please note, if needed, we may take reasonable steps to verify your identity and the authenticity of the request.
9 – CHANGES TO OUR PRIVACY POLICY
It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on our home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our website and this privacy policy to check for any changes.
10 – CONTACT INFORMATION
To ask questions or comment about this privacy policy and our privacy practices, contact us at legal@rmlotusgroup.com.
11 – HIPAA COMPLIANCE (HEALTH INFORMATION PRIVACY)
LOTUS ESTHETIC & SKIN CARE, INC complies with applicable provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended, and its implementing regulations, to the extent that HIPAA applies to our operations.
When applicable, we are committed to maintaining the privacy and security of your Protected Health Information (PHI). PHI includes individually identifiable health information that relates to your past, present, or future physical or mental health or condition, the provision of health care to you, or payment for the provision of health care.
Use and Disclosure of PHI
We may use and disclose PHI as permitted or required by law, including but not limited to the following purposes:
Safeguards
We implement administrative, physical, and technical safeguards designed to protect the confidentiality, integrity, and security of PHI in accordance with HIPAA requirements. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
Your HIPAA Rights
Subject to applicable legal requirements, you have the right to:
To exercise any of these rights, please contact us using the information provided in the Contact Information section below. We will not retaliate against you for filing a complaint.
Business Associates
We may share PHI with third-party service providers (“Business Associates”) who perform services on our behalf, provided that they agree in writing to protect the confidentiality and security of your PHI as required by HIPAA.
HIPAA Limitations
Please note that certain services offered by LOTUS ESTHETIC & SKIN CARE may not be subject to HIPAA if they do not involve PHI as defined under HIPAA regulations. In such cases, the handling of information will be governed by this Privacy Policy and applicable state and federal privacy laws.
1 – OVERVIEW OF COOKIES POLICY.
LOTUS ESTHETIC & SKIN CARE (“LOTUS ESTHETIC & SKIN CARE” or “we” or “us”) and our third-party service providers, companies or software used to aid our service or facilitate payments (“Service Providers”) may use or set cookies and other tracking technologies on your browser.
This Cookies Policy explains the type of cookies and other tracking technologies we may use, why we use them, and the rights available to you. You are expected to read this Cookie Policy – along with our Privacy Policy – and agree to them. By accessing our Website at https://www.lotusesthetic.com/privacy-policy (the “Website”), you hereby consent to our use of cookies as described in this Cookies Policy.
2 – WHAT ARE COOKIES?
A cookie is a file containing an identifier (a string of letters and numbers) sent by a web server to a web browser and stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies help us make the Website work efficiently and provide us with reporting information. Cookies are either set by LOTUS ESTHETIC & SKIN CARE or our Service Providers when they perform tasks on our behalf.
Cookies may be either “persistent” or “session” cookies. A persistent cookie will be stored by a web browser and will remain valid until its set expiry date unless deleted by the user before the expiry date. On the other hand, a session cookie will expire at the end of the user session when the browser is closed.
Cookies do not typically contain any information that personally identifies a user. Still, personal information that we store about you may be linked to the information stored in and obtained from cookies.
3 – WHAT TYPES OF COOKIES ARE USED?
The following types of cookies are used on the Website:
3.1 Essential or Strictly necessary cookies: These cookies help with the operation of the Website. They are essential for the security, safety, and integrity of the Website. For example, an essential cookie helps with each page’s structure, improves navigation, and enables you to go back to the previous page. They are categorized under the session cookies. This means that they expire when you close your browser.
3.2 Analytical or Performance Cookies: These cookies are used to determine the number of visitors on the Website and the pages they navigate to. With this information, LOTUS ESTHETIC & SKIN CARE can improve how the Website works, such as ensuring visitors find whatever they look for on any area of the Website.
4 – WHAT ARE COOKIES USED FOR?
LOTUS ESTHETIC & SKIN CARE and Service Providers use cookies for various reasons. Some cookies are used for technical reasons – for the Website operation. These cookies are known as “essential” cookies because they are necessary for the Website’s operation. Other uses of cookies may include but not limited to:
5 – WHO SETS COOKIES WHEN YOU ACCESS THE WEBSITE?
As stated earlier, cookies are set by LOTUS ESTHETIC & SKIN CARE and Service Providers. This includes:
6 – OTHER TRACKING TECHNOLOGIES.
We may also use other tracking technologies on the Website, such as Google Analytics and Facebook Pixel. These are third-party tracking tools that are used in the course of business.
6.1 Google Analytics: This is a tracking tool by Google Inc, which is used to collect information about visitors on the Website and their demographics on certain parts of our services. It is also used to develop Website content. To learn more about Google Analytics, visit http://www.google.com/policies/privacy/. To opt out of Google Analytics, download the Google Analytics Opt-out Add-on.
6.2 Facebook Pixel: This is a tracking tool Facebook used to track conversions from Facebook Ads, optimize ads, target relevant users, and remarket to users who have taken action on the Website.
7 – BLOCKING COOKIES.
7.1 Most browsers allow you to refuse to accept cookies, for example:
(a) On Internet Explorer (version 11), you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy”, and then “Advanced”;
(b) On Firefox (version 83), you can block all cookies by holding down the control key while you check within the page and select “View Page Info”, select the “Permission” panel, underneath “Set Cookies”, remove the checkmark from “Use Default” and change the setting to “Block”; and
(c) On Chrome (version 82), you can block all cookies by accessing the “Privacy and Security” menu and clicking “Settings”, click “Cookies and other site data”, select the option “Block all cookies (not recommended).”
7.2 Blocking all cookies will harm the usability of many Websites.
7.3 If you block cookies, you may not use all the features on our Website.
8 – DELETING COOKIES.
8.1 You can delete cookies already stored on your computer, for example:
(a) On Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);
(b) On Firefox (version 83), you can delete cookies by clicking the menu button and select “Options” and “Preferences”, select the “Privacy & Security” panel and go to the “Cookies” and “Site Data section”, Click “Clear Data”, the “Clear data” button will appear and click “Clear.”
(c) On Chrome (version 82), you can delete all cookies by accessing the “Privacy and Security” menu, and clicking “Settings”, click “Cookies and other site data”, then click “Remove all” and confirm by clicking “Clear all”.
8.2 Deleting cookies may harm the usability of many Websites.
8.3. If you delete cookies, you may not use all the features on our Website.
9 – CONTACT INFORMATION.
This Website is owned and operated by LOTUS ESTHETIC & SKIN CARE
We are registered in the United States of America, and our registered office is in San Leandro, California
You can contact us for any complaint or suggestion regarding this Cookies Policy via our Contact Us page or via our email legal@lotusesthetic.com
Effective January 1st, 2026
At Lotus Esthetic & Skin Care, each appointment is intentionally reserved to deliver a personalized and elevated aesthetic experience. In consideration of our providers, medical staff, and valued guests, we respectfully uphold the following scheduling standards.
Appointment Reservations
As a courtesy to our guests, we do not require a credit card or booking fee for clients in good standing. However, in accordance with California business and consumer protection standards, we reserve the right to require a valid card on file or a booking deposit for clients who do not adhere to our cancellation policy, as outlined below.
Cancellation & Rescheduling Policy
We require a minimum of 24 hours’ notice to cancel or reschedule an appointment.
Cancellations made less than 24 hours before the scheduled appointment time are considered late cancellations.
Failure to attend a scheduled appointment without notice constitutes a no-show.
This policy is applied consistently and uniformly to all clients in compliance with California consumer fairness standards.
Missed Appointment Policy
After one (1) no-show or late cancellation, the courtesy of booking without a deposit will be revoked.
At that time:
A non-refundable booking fee will be required to secure future appointments.
The booking fee will be applied toward the reserved service if the appointment is honored.
Deposit requirements will be clearly disclosed prior to scheduling and charged only with client authorization, in accordance with California consumer protection laws.
Booking Fee Validity
Any booking fee or deposit paid to reserve an appointment is valid for a maximum of three (3) months from the original payment date.
The booking fee may be applied toward a rescheduled appointment only if the client provides at least 24 hours’ notice when canceling or rescheduling, in accordance with this policy.
If the client fails to provide the required 24-hour notice, or if the appointment is not completed within the three (3)-month validity period, the booking fee will be forfeited, non-refundable, and non-transferable. A new booking fee may be required to schedule any future appointment.
Late Arrivals
Guests arriving more than 10 minutes late will incur a $30 late fee.
Guests arriving more than 15 minutes late may require modification or rescheduling of services based on provider availability.
If the appointment cannot be accommodated due to tardiness, it will be treated as a late cancellation, and the $30 fee will still apply, with the option to reschedule based on availability.
Regulatory & Medical Compliance Notice
For treatments classified as medical procedures under California law:
All medical services are performed under the supervision of a licensed California healthcare provider.
Medical treatments require appropriate consultation, assessment, and informed consent prior to administration.
Results are not guaranteed and vary by individual.
This scheduling policy complies with applicable California business, medical board, and consumer transparency regulations.
This Refund Policy applies to all services provided by our clinic in the State of California and is designed in accordance with applicable California laws and regulatory standards governing medical and aesthetic services.
By receiving treatment, all patients acknowledge and agree to the terms outlined below.
Due to the customized and medical nature of our services, all sales are considered final. Refunds are not routinely provided. Our clinic prioritizes corrective solutions and continued care over monetary reimbursement.
No guarantees, warranties, or assurances—express or implied—are made regarding treatment outcomes.
Patients are encouraged to contact the clinic directly to resolve any concerns prior to initiating a payment dispute. The clinic will make good-faith efforts to address concerns through clinical evaluation and appropriate resolution.
Aesthetic treatments are elective procedures and results vary based on individual biological factors, lifestyle, and adherence to post-care instructions.
Based on clinical evaluation and professional medical judgment, appropriate resolutions may include:
Failure to follow post-treatment instructions, attend follow-up appointments, or disclose relevant medical history may void eligibility for any corrective consideration.
Nothing in this policy limits the provider’s ability to recommend, perform, or modify treatment based on medical necessity or patient safety. Clinical judgment will always take precedence over this policy.
Medical treatments include, but are not limited to, injectables such as neurotoxins (e.g., Botox) and dermal fillers.
Refunds will not be provided for dissatisfaction with aesthetic outcomes when the treatment has been properly administered.
Any adverse events or complications will be addressed in accordance with accepted medical standards of care.
Notwithstanding the above, the clinic reserves the right, in exceptional circumstances and where required by applicable law, to issue a partial or full refund when deemed appropriate following clinical and administrative review.
By proceeding with any treatment, the patient:
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Lotus Eye Revival
Naturally enhance your gaze
Ideal for those concerns with pigmentation, puffiness, or a dull, tired look.
This bespoke program is designed to enhance your gaze through personalized treatments that eliminate under-eye bags and dark pigmentation. By revitalizing the lower eye area, we restore radiance and life to your look.
This bespoke protocol combines advanced skin lightening and redensification techniques. We target the depth, tone, and texture of the under-eye area to erase signs of fatigue, restoring a fresh, rested, and naturally rejuvenated appearance—instantly.
Approximate duration:
Approx. 90 min.
Julio Márquez is a seasoned Bachelor of Science in Nursing (BSN) with over 20 years of experience in the medical field, including an extensive background in dermatology. Originally trained as a Medical Surgeon specializing in Dermatology in Venezuela, his qualifications have been validated by the International Education Research Foundation (IERF). His expertise spans a wide range of dermoesthetic treatments and skin care solutions, reflecting his lifelong dedication to promoting skin health. Additionally, he is certified by the American Board of Surgical Assistants and licensed as an esthetician by the California Board of Barbering and Cosmetology, ensuring the highest standards of professionalism and care.
In the United States, Julio has dedicated himself to offering comprehensive skin care that prioritizes not only appearance but also the underlying health of the skin. His approach focuses on resolving skin concerns, improving overall skin quality, and providing long-lasting benefits. Whether addressing acne, signs of aging, or other skin conditions, his treatments are tailored to meet individual needs.
Julio Márquez has over 20 years of experience in the medical field, including an extensive background in dermatology. Originally trained as a Medical Surgeon specializing in Dermatology in Venezuela, his qualifications have been validated by the Educational Commision for Foreign Medical (ECFMG). His expertise spans a wide range of dermoesthetic treatments and skin care solutions, reflecting his lifelong dedication to promoting skin health. Additionally, he is certified by the American Board of Surgical Assistants and licensed as an esthetician by the California Board of Barbering and Cosmetology, ensuring the highest standards of professionalism and care.
In the United States, Julio has dedicated himself to offering comprehensive skin care that prioritizes not only appearance but also the underlying health of the skin. His approach focuses on resolving skin concerns, improving overall skin quality, and providing long-lasting benefits. Whether addressing acne, signs of aging, or other skin conditions, his treatments are tailored to meet individual needs.
Lotus Acne Defense
A new beginning for your skin
This program is ideal for individuals experiencing active acne at any stage—whether occasional breakouts, persistent inflammatory acne, or congestion-prone skin—as well as those dealing with post-acne sequelae.
This program is designed to address a wide range of acne-related concerns, including active breakouts, clogged pores, excess oil production, inflammation, and skin sensitivity associated with acne-prone conditions.
This is a personalized, step-by-step program that begins with a professional skin assessment to identify the type and severity of acne, as well as any associated conditions or sequelae.
Approximate duration
Approx. 90 min.
Lotus Calm Harmony
Where the skin finds calm and balance
Sensitive skin that needs to be understood, protected, and cared for with precision, far from generic or aggressive treatments
It accompanies the skin in its process of regaining comfort, balance, and a more serene appearance, respecting its nature through an immersive experience of harmony, relaxation, and medical recovery.
A tailor-made care ritual that combines high-purity organic formulas, gentle techniques, and personalized attention in a luxury setting. Creating a zone of comfort and care that offers an unforgettable experience.
Approximate duration
Approx. 90 min.
Lotus Age Grace
The elegance of supporting your skin’s evolution
For those seeking to defy the passage of time and restore their skin’s natural vitality, viewing rejuvenation as the most intentional investment in their longevity, well-being, and personal presence.
This ritual supports the skin’s natural process, smoothing deep expression lines for a rested, wrinkle-free appearance.
A comprehensive program that diminishes expression lines and deep-set signs of aging, restoring your natural radiance with a refreshed, rested sensation that actively combats aging signs in your skin.
Approximate duration
Approx. 90 min.
Lotus Pigment Reset
Let’s reveal your skin’s natural radiance.
For those seeking to even out their skin tone with a natural result that reflects freshness, clarity, and harmony
This program supports the skin in the process of improving the appearance of dark spots and uneven tone, helping the face look more uniform, luminous, and visibly radiant. Our experts combine clinical medicine with aesthetics, optimizing results.
We begin with an expert evaluation, combining premium organic actives and carefully selected techniques designed to respect the skin and enhance its natural radiance within a high-end experience.
Approximate duration
Approx. 90 min.
Tinted facial sunscreem with very high photoprotection indicated for skin with pigmentary imperfections. It helps regulate melanin synthesis by provinding a preventative anti-spot action. Its coloured texture provides an imperceptible natural tone. Water-resistant.
Dr. Roman Felix is the Medical Director of Lotus Esthetic & Skin Care, boasting an extensive career in aesthetic and regenerative medicine. Recognized for his professional excellence, he has been honored with prestigious awards, including the Resident of the Year Award from the Southern California Chapter of the American College of Physicians. Prior to his medical career, Dr. Felix served with distinction in the U.S. Air Force, where he earned the Achievement Medal for his outstanding performance. During his Internal Medicine residency, his leadership and commitment to innovation led to his appointment as Chief Resident.
At Lotus Esthetic & Skin Care, Dr. Felix is dedicated to providing advanced and personalized treatments designed to help each patient achieve their goals. By combining innovation with the highest medical standards, he offers specialized care, setting a medical benchmark for transformative results and exceptional patient care.
El arte de transformar tu piel
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