PLEASE READ THESE TERMS OF SERVICE BEFORE ACCESSING OR USING OUR WEBSITE.

This website is operated by The Lotus Global Group, Inc. dba GlobalMed Technologies Co (“GlobalMed”). These Terms of Service (“TOS” or “Terms”) govern both (A) purchases by You (the “Customer” and sometimes referred to as “you,” “your,” “Customer,” or “User” herein) and The Lotus Global Group, Inc. dba GlobalMed Technologies Co (“GlobalMed” and sometimes referred to as “us,” “we,” or “our” herein) as well as (B) your use of this website (also referred to as “Site”) even if you do not make any purchase. These Terms are divided into “Part A” and “Part B.” “Part A” terms apply specifically to those making purchases on this Website, and “Part B” Terms apply to all users of this website (“User(s)”). Users who make a purchase are also referred to as “Customer(s)”.

IF YOU USE THIS WEBSITE BUT DO NOT MAKE ANY PURCHASE, YOU AGREE TO BE BOUND BY THE “PART B” TERMS (AND ANY TERMS INCORPORATED BY REFERENCE); AND, IF YOU MAKE A PURCHASE YOU AGREE TO BE BOUND BY THE “PART A” AND “PART B” TERMS (AND ANY TERMS INCORPORATED BY REFERENCE).

DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO ALL OF THE TERMS.  

 

PART A: Terms applicable to Customers making website purchases.

If you are using this Site but not making a purchase, please refer to Part B for Terms applicable to you. 

 

SECTION 1 – GENERAL TERMS

These terms apply to all purchases made by you and GlobalMed via this Site. If you place an Order (as described in more detail below) with GlobalMed it means you have read and expressly agree, consent to, and accept these Terms. You must be 18 years or older to make a purchase on this Site. These Terms apply to all sales of products and goods offered on this Site (collectively, “Goods”).

In the event of any conflict or inconsistency between these Terms and any provision in any Customer submitted order or writing, or any oral arrangement in connection with an order of any Product, these Terms shall govern and control (and any inconsistent provisions shall be void). These Terms may only be modified by a writing signed by an officer of GlobalMed.

We reserve the right to refuse Service to anyone for any reason at any time.

GlobalMed reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to this Site. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If we deem the change to be material, we may provide email notice to those Customers with whom we have contact information.

SECTION 2 – ORDERS AND ACCEPTANCE

The quantity, quality and description of Goods will be those set out in your Order (if accepted by GlobalMed). Orders are accepted at GlobalMed’s sole discretion. GlobalMed reserves the right to make any changes in the specification of the Goods to conform with applicable statutory or other regulatory requirements or where a particular Good is unavailable to substitute for the Goods ordered other Goods which are substantially similar in nature and price. Site-wide discounts may not be applied to value sets, kits or devices, unless the discount is specifically marketed to be applied to value sets, kits, or devices. Only one promo code can be used at a time i.e. promo codes cannot be “stacked”.

SECTION 3 – TERMS OF PAYMENT

The price of the Goods shall be the price set out on the relevant page of this site.

GlobalMed reserves the right to change the prices set out on this site provided that if we accept an order from Customer the price for the Goods will be the price set out in the relevant page at the time the order is placed. If it is not possible to obtain full payment for the Goods from your account, we can cancel the Order or suspend any further deliveries to you.

This does not affect other rights we may have.

PayPal Customer Service

For questions about your Paypal account, please call:
1-402-935-2050 (a U.S. telephone number)
Hours of service:
4:00 AM PST to 10:00 PM PST Monday through Friday
6:00 AM PST to 8:00 PM PST Saturday and Sunday

SECTION 4 – SHIPPING

Goods are shipped in according with our Shipping Policy.

SECTION 5 – RETURNS/WARRANTY TERMS

Goods are subject to return or exchange only according to our Warranty and Returns Policy.

SECTION 6 – LIMITATION OF LIABILITY

(a) IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

(b)  IN NO EVENT SHALL GLOBALMED’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID TO GLOBALMED FOR THE GOODS AT DISPUTE. 

Anti-Diversion

GlobalMed Technologies Co is not responsible for any injury or damage that may result from the purchase of its products through distributors or retailers who are not authorized distributors or retailers of GlobalMed products. GlobalMed is not responsible for any injury or damage that may result from products purchased past their expiration date or those that have been discontinued.

 

 

Part B: Terms applicable to Customers making website purchases and Users browsing the Site. 

If you are using this Site or making a purchase, Part B for Terms are applicable to you. 

Section 7 – USE OF WEBSITE

This Site is not targeted towards nor intended to be used by minors under the age of 18.

Section 8 – LICENSE TO USE WEBSITE

This Site and all the content and materials, including but not limited to GlobalMed’s logo and all designs, text, images, data, software and other related files (collectively “Site Content”) are the proprietary property of GlobalMed and are protected by the United States and international copyright and trademark laws. Subject to your compliance with the Terms, you are granted a limited, non-exclusive, non-sublicensable, non-transferrable, and revocable license to access and use this Site and this Site Content solely for your personal, non-commercial use. Nothing contained on our Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any of GlobalMed’s intellectual property or the look and feel of our Site without the express written consent of GlobalMed.

Section 9 - IP/TRADEMARKS

“Omnilux”, our logo and mark, and other product or service names, logos or slogans that may appear on our website are trademarks or registered trademarks of GlobalMed and/or its affiliates, licensors and suppliers and as the exclusive property of GlobalMed and/or its affiliates, licensors and suppliers may not be copied, imitated or used, in whole or in part, without the prior written permission of GlobalMed or the applicable trademark holder. In addition, the look and feel of our website, including the design, arrangement and collection of the content constitutes the service mark, trademark and/or trade dress of GlobalMed and may not be copied, imitated or used, in whole or in part, without prior written permission of GlobalMed. All other trademarks, registered trademarks, product names and company names or logos mentioned in our website are the property of their respective owners. Reference to any Goods, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by GlobalMed. Nothing contained on our website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of GlobalMed’s intellectual property or the look and feel of our website without the express written consent of GlobalMed.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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. You may not use our Goods for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse Service to anyone for any reason at any time.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, including all intellectual property rights in such suggestion or idea (collectively, 'Feedback'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any feedback that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Customer hereby grants GlobalMed a perpetual, irrevocable, worldwide license to use any Feedback (as defined above) that Customer communicates to GlobalMed, without compensation, without any obligation to report on such use, and without any other restriction. GlobalMed’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses.

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

You agree that any content that you provide either directly to Us or to the Site (“User Content”) will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libellous 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 Site. You may not use a false e‑mail 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 your User Content and its accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on our 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.

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 our 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 changes to our site.

We do not guarantee that any material will be made available through the Service. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated the Terms of Service), or for no reason at all and (ii) to remove or block any content from the Services.

We have made every effort to display as accurately as possible the colors and images of our Goods that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

SECTION 13 - OPTIONAL TOOLS

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

ANY USE BY YOU OF OPTIONAL TOOLS OFFERED THROUGH 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 Goods or Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 14 - THIRD-PARTY LINKS

Certain content, Goods 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, Goods, or Services of third-parties.

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 transaction. Complaints, claims, concerns, or questions regarding third-party Goods should be directed to the third-party.

SECTION 15 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 16 – SMS TEXT MESSAGING

In addition, you agree to our Messaging Terms and Messaging Privacy Policy.

SECTION 17 - ERRORS, INACCURACIES 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 have submitted your order).

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.

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the 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.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Goods and Services 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 conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall GLOBALMED, our directors, officers, employees, affiliates, agents, contractors, interns, 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 contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Goods procured using the Service, or for any other claim related in any way to your use of the Service or any 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.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless GLOBALMED and its affiliates, directors, officers, agents, employees, subsidiaries, partners, contractors, licensors, Service providers, subcontractors, suppliers, harmless from and against any claim, demand, loss, damage, liability, cost, and expense, including reasonable attorneys’ fees, made by any third-party due to, related to, or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 20 – General Terms

20.1 SEVERABILITY

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

20.2 TERMINATION

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

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

20.3 WAIVER, ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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 Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

20.4 GOVERNING LAW

All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

20.5 ARBITRATION/JURISDICTION

Arbitration clause and class action waiver.

Important – please review as this affects your legal rights.

The Terms of Service and any separate agreements whereby we provide you Goods shall be governed and construed in accordance with the laws of California without reference to any conflict of law rules.

(a)  Arbitration notice

Buyer agrees that if there is any dispute or claim arising from or related to our Goods (except for the Exempt Claims, as defined below), these Terms of Service, it will be resolved by confidential binding arbitration in California, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice.  The Notice to the Company should be sent to GlobalMed Technologies at 1290 Jefferson St, Napa, CA 94559 Attn: CEO.

This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought. It should also include your name, address and date in the correspondence. If you and Seller are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Seller may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (AAA)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms & Conditions as a court would.  YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

The arbitration shall be held in the State of California or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer.  If the value of the relief sought is $10,000 or less, you or Seller may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Seller subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and Seller unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law.  The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding any provision in these Terms of Service to the contrary, you and Seller agree that if Seller makes any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against Seller prior to the effective date of the change.  Moreover, if Seller seeks to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms of Service containing this Section is posted to the Website and shall not be effective as to any claim that was filed in a proceeding against Seller prior to the effective date of termination.

CLASS ACTION WAIVER:  YOU AND THE SELLER AGREE THAT DISPUTES BETWEEN YOU AND SELLER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

If for any reason a claim proceeds in court rather than in arbitration, Buyer and Seller each waive any right to a jury trial. 

EXEMPT CLAIMS: You and the Seller agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions:

(i)   You or Seller are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court; or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision.

(ii)  You or Seller are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights.  Such a claim may be brought in any court of competent jurisdiction.  You and Seller agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy.  The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.

OPT-OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision, by mail to: GlobalMed Technologies, Inc. 1290 Jefferson St., Napa, CA 94558. ATTN: CEO.  Include your name, address and date in the correspondence. This is the only way you can opt-out.

20.6 CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. We reserve the right at any time to modify or discontinue the Service (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.

20.7 SURVIVAL

Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Limitation on Liability, Indemnification, Limited Warranties/Disclaimers, Governing Law, Arbitration/Jurisdiction and Survival.

 

Rev: May 31, 2024