LOTUS DISABILITY, INC.
EMPLOYEE TERMS OF SERVICE
Last Updated August 21, 2025
These Employee Terms of Service (including all of our other terms and policies referenced herein, these “Terms”) constitute a legal agreement between Lotus Disability, Inc. (the “Company”, “we”, “us”, or “our”) and you (the “Employee” or “you”), and it governs your use of, access to, and dealings with us and the Lotus Disability platform, in its web form or its mobile application form, and its associated services, features, functionality, and content (the “Platform”), pursuant to and subject to such definitive Master Subscription Agreement (the “Commercial License Agreement”), as it may be termed from time to time, between the Company and your employer or such certain other third party who contracted with us for the provision of Platform access, and who has subsequently provided your employer with a sublicense to access and use the Platform (the “Commercial Licensee”). Throughout these Terms, you and the Company may each be referred to as a “Party” or collectively, as the “Parties.”
BY CLICKING THE “ACCEPT” BUTTON OR CHECKING THE APPROPRIATE BOX TO ACCEPT THESE TERMS (WHENEVER PRESENTED TO YOU), OR BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE, AGREE, AND REPRESENT THAT YOU (A) HAVE READ THESE TERMS AND THAT YOU UNDERSTAND THE TERMS HEREOF; (B) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER; AND (C) ACCEPT THE TERMS AND CONDITIONS OF THESE TERMS, AND AGREE TO BE BOUND THEREBY.
IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT HAVE THE REQUISITE AUTHORITY OR CAPACITY TO ENTER INTO THESE TERMS, DO NOT CLICK THE “ACCEPT” BUTTON OR CHECK ANY BOX TO ACCEPT IT, AND YOU MUST NOT ACCESS, OR USE THE PLATFORM. ACCESSING OR USING THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.
Your access to and use of our Platform or Services (as defined below) is also subject to our Privacy Policy, located at, www.Lotusdisability.com, as amended from time to time (the “Privacy Policy”), and are incorporated herein by reference. By accessing or using the Platform or Services (as defined below), you consent to the terms of the Privacy Policy.
We retain the exclusive right, in our sole discretion, to make changes to these Terms, at any time, and from time to time. Your continued access to and use of the Platform constitutes your agreement to be bound by, and your acceptance of, the Terms posted at such time. You acknowledge and agree that you accept these Terms (and any amendments/updates thereto) each time you sign into your Employee Account (as defined below), or otherwise access, or use the Platform. Therefore, we encourage you to review these Terms regularly.
ARBITRATION NOTICE: THESE TERMS CONTAINS AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION.
1. Modification to Agreement. We may modify these Terms by providing notice through the Platform or by updating the “Last Updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use the Platform, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop accessing and using the Platform. We encourage you to frequently review these Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Platform.
2. Platform License Grant. Subject to your compliance with these Terms and the terms of the Commercial License Agreement, the Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Platform and such accompanying Services (as defined below) solely for your and/or the person for whom you care’s benefit as it relates to your and/or their disability (the “License”). The foregoing License will terminate immediately upon the earlier to occur of:
(i) The expiration or earlier termination of the Commercial License Agreement between the Company and the Commercial Licensee;
(ii) Your election to terminate the License and cease your access to and use of the Platform and the accompanying Services (as defined below); or
(iii) You cease to be an authorized employee of the Commercial Licensee, for any or no reason.
Notwithstanding anything in these Terms to the contrary, we reserve the right to suspend or limit your access to and use of the Platform and the Services, or to terminate these Terms, and thus terminate the License granted to you in this Section 2 and your access to and use of the Platform and the Services, immediately and without any liability to you in the event of (i) a breach of these Terms by you (as determined by us in our sole discretion), or (ii) any act or omission by you (a) that constitutes a violation of these Terms, (b) in our reasonable discretion, poses a risk of disruption or interference with any portion of the Platform (or the security thereof) or with any other employees’ use of the Platform, or (c) constitutes, in our reasonable discretion, an unreasonable, excessive, or abusive use of the Platform, the Services, or our systems or resources.
“Services” shall mean the accompanying services, features, tools, resources, and content provided and/or offered, as authorized by the Commercial Licensee, to the Employee, through the Platform.
3. Employee Account.
3.1 Account Registration. In order to access and use the Platform, you must provide all information that we reasonably request to establish, register, and confirm your account (an “Employee Account”). You will have the ability to create and manage your Employee Account online, via the Platform; whereby you will: (a) create a unique password, (b) provide true, accurate, current, and complete information as prompted by the registration form, (c) maintain and promptly update the information with which you registered to ensure the information is always true, accurate, current, and complete, (d) immediately inform the Company of any unauthorized use of your Account or any other breach of security, and (e) exit from your Account at the end of each use.
3.2 Account Information. As part of your registration, we may require you to verify your email address. In addition, we may require you to provide or validate other information about yourself in the future, if we have a reasonable need for the information to provide you with Platform access and such accompanying Services or to perform under (or to exercise our rights under) these Terms. We have the right to refuse your registration or suspend or terminate your use of the Platform and the Services if you fail to provide the requested information and to keep it current, complete, truthful and accurate at all times.
3.3 Account Responsibility. You are responsible for keeping your Employee Account and your password secure. You agree to notify us immediately of any unauthorized access to or use of your Employee Account, username, or password or any other breach of security. You are responsible for all activity occurring under your Employee Account. You should use particular caution when accessing your Employee Account so as not to provide third parties with your Employee Account credentials. We will not be liable for any loss that you incur as a result of someone else accessing and using your Employee Account, either with or without your knowledge.
3.4 Number of Accounts. You agree that you will not create more than one Employee Account or create an Employee Account for anyone other than yourself, except if you are a caregiver of the Employee and have express consent from the Employee to create their Employee Account on their behalf.
3.5 Access and Devices. You are responsible for obtaining the access necessary to use the Platform, which may include network access. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform, its Services, and any updates thereto. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Restrictions on Use. Except as otherwise expressly permitted in these Terms, you shall not, at any time, directly or indirectly:
(ii) Provide Personal Data (as defined below) of a child under the age of thirteen (13) unless you are such child’s legal parent or guardian or have obtained verifiable consent to do so from such child’s legal parent or guardian;
(iii) Disassemble, decompile, reverse engineer, or otherwise attempt to derive source code or other trade secrets from the Platform, or modify, make derivative works based upon, copy, or otherwise use any ideas, features, functions, or graphics of the Platform in order to (a) build a competitive product or service or (b) build a product using similar features, functions, or graphics of the Platform;
(iv) Modify, remove, or obstruct any proprietary rights statement or notice contained within the Platform;
(v) “Crawl,” “scrape,” or “spider” any data or portion of the Platform (through use of manual or automated means);
(vi) Send or store on the Platform (a) infringing, unlawful, or tortious material, including material which violates third party privacy rights; or (b) materials containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs;
(vii) Attempt to gain unauthorized access to the Platform or its related systems or networks;
(viii) Access the Platform if you are a direct competitor of the Company unless the Company agrees in writing before you access the Platform;
(ix) Share passwords or provide false identity information to access or use the Platform;
(x) Remove, delete, add to, alter, or obscure any part or aspect of the Platform or any warranties, disclaimers, or other notices, or any marks, symbols, or serial numbers, including any of the Company’s service marks, trademarks, trade names, and logo (the “Marks”) that appear on or in connection with the Platform;
(xi) Challenge, or cause, induce, authorize, or assist any Person to challenge, the validity, ownership, use, or registration of any Intellectual Property Rights in and to the Platform and any of the Company’s Marks, or take any action in derogation of the Company’s Marks, including by using, licensing, or applying to register any mark that is identical or substantially similar to any of the Company’s Marks;
(xii) Under or in connection with any part of these Terms or its subject matter, perform any act that, or fail to perform any act the omission of which infringes, misappropriates, or otherwise violates any Intellectual Property Right (as defined below) of the Company or other right of any person/entity, or violates any applicable law, including, but not limited to data protection and privacy laws;
(xiii) Use the Platform in a way prohibited by applicable law;
(xiv) Use the Platform in a way that could materially harm the functionality or performance of the Platform;
(xv) Permit unauthorized third parties to obtain access to the Platform;
(xvi) Use or access the Platform in a manner that fails to comply with these Terms, or any related documentation provided by the Company;
(xvii) Hack or break any security mechanism on the Platform, or pose a security threat to any other employees of the Platform;
(xviii) Use the Platform or any data obtained through the Platform in a false or misleading manner, or in any manner inconsistent with these Terms;
(xix) Use the Platform in any way that may be offensive, profane, obscene, or libelous to the Company; or
(xx) Attempt to access the Platform by any means other than through the interface that is provided by the Company.
5. Intellectual Property Rights. You hereby acknowledge and agree as follows:
(i) These Terms do not constitute a sale and do not give you any rights of ownership in, or related to, the Platform, the Services, or the Company’s Intellectual Property Rights (as defined below);
(ii) You agree to not assert or cause any other party to assert any right, title, or interest in or to the Platform, the Services, and any content created or provided by the Company, or any other portion of the Company’s Intellectual Property Rights; and
(iii) The Company, or its licensors, as the case may be, has and will retain any and all right, title, and interest in and to the Platform, the accompanying Services provided therethrough, and any underlying software, as well as all derivative works made by any person or entity based upon the Platform, including all Intellectual Property Rights associated with the foregoing.
For purposes of these Terms, “Intellectual Property Rights” means all industrial and other intellectual property rights comprising or relating to: (a) patents; (b) trademarks; (c) internet domain names, whether or not trademarks, registered by any authorized private registrar or governmental authority, web addresses, web pages, websites and URLs, and mobile application names; (d) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software and firmware, application programming interfaces, architecture, files, records, schematics, data, data files, and databases and other specifications and documentation; (e) trade secrets; and (f) all industrial and other intellectual property rights, and all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, these rights or forms of protection under the laws of any jurisdiction throughout in any part of the world.
6. Updates. The Company may develop and provide, in its sole discretion, periodic updates, upgrades, new releases, adaptations, bug fixes, patches, workarounds, and other error corrections with respect to the Platform (“Updates”). You agree that the Company has no obligation to develop any Updates at all or for particular issues, and the Company expressly disclaims any liability for not doing so. To the extent that you have control over Updates within your own instance of the Platform or on your own device(s) or application(s), you agree to promptly install and make use of all Updates provided by the Company and acknowledge and agree that the Platform may not properly operate should you fail to do so. You further understand and agree that all Updates will be deemed part of the Platform and be subject to all terms and conditions of these Terms.
7. Personal Data.
(a) You acknowledge that we may process information that can be used to identify a person (“Personal Data”) in relation to you, and Personal Data that you have provided or in the future provide to us in relation to other associated individuals, in connection with these Terms, or the Platform. Accordingly, you represent and warrant that, and agree that we are not liable for, your disclosure to us of any Personal Data relating to individuals for which you are the caregiver was or will be made in accordance with all applicable data protection and data privacy laws, including, as required, the need to obtain such individual’s consent prior to providing us with such individual’s Personal Data.
(b) We may share with your employer, to the extent that your employer is a Commercial Licensee through which you have access to the Platform and Services, the fact that you are utilizing or have utilized the Platform and Services and such information required to identify you to your employer, i.e., the Commercial Licensee, such as your employee identification number, email, or name. Such identifying information will not include sensitive Personal Data. We will not disclose any details about the Personal Data that you provide/enter via the Platform or Services, other than as provided herein, unless otherwise authorized by you to do so.
(c) To the extent that you provide us with any information that would be considered Protected Health Information (“PHI”) as defined under applicable law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), you represent and warrant that you have the legal right and authority to do so, and you expressly authorize and consent to the Company’s use, review, analysis, processing, and handling of such PHI for the purpose of providing the Services. Examples of PHI may include medical records, healthcare provider documentation, or other information relating to a disability, injury, or health condition. You acknowledge that such PHI is provided voluntarily, i.e., if you do not wish to share PHI with us, you are not required to do so, and that the Company will handle the receipt and use of PHI in accordance with the Company’s privacy practices. However, please note that we are not a HIPAA “covered entity” and we do not act as a “business associate” as those terms are defined under HIPAA, unless we have explicitly agreed to do so in writing through a separate agreement.
8. Employee Usage Data. The Employee acknowledges and agrees that the Company may, directly or indirectly, including through the services of third parties, collect and store information and data in connection with your use of the Platform, the Services, and about equipment on which the Platform is installed or through which it otherwise is accessed and used (the “Employee Usage Data”). The Company may compile, use, reproduce, and disclose the Usage Data for product or service improvement, industry analysis, benchmarking, analytics, and other purposes consistent with these Terms and the Company’s Privacy Policy, provided that such Usage Data is aggregated, anonymized, de-identified, or is otherwise not reasonably associated or linked to any employee. The Company retains all rights, title, and interest in and to such Usage Data and the Company’s right to use such Usage Data will survive termination of these Terms.
9. Security Breach. If you suspect that your Employee Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you, the Commercial Licensee, and/or the Company (together, a “Security Breach”), you must notify the Company as soon as possible by emailing us at Security@lotusdisabilty.com and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage, or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
10. Warranty. The Company represents and warrants that it has all rights, licenses, consents, and authorizations necessary to grant the rights and licenses granted in these Terms
11. No Other Warranties; Disclaimer of Warranties.
(a) OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER THE COMPANY, ITS AFFILIATES, LICENSORS, OR SUPPLIERS, NOR ITS OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, AGENTS, OR REPRESENTATIVES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO YOU, OR ANY OTHER PERSON OR ENTITY, WITH RESPECT TO THE PLATFORM, ITS SERVICES, OR OTHERWISE REGARDING THESE TERMS, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY, AND, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
(b) WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY OF CONDITION OR FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. NO WARRANTY IS MADE THAT USE OF THE PLATFORM OR ITS SERVICES WILL BE TIMELY, ERROR FREE, OR UNINTERRUPTED, THAT ANY NON-MATERIAL ERRORS OR DEFECTS IN THE PLATFORM OR THE SERVICES WILL BE CORRECTED, THAT THE SYSTEM AND SOFTWARE THAT MAKES THE PLATFORM AND ITS SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM AND THE SERVICES WILL OPERATE IN COMBINATION WITH HARDWARE, SOFTWARE, SYSTEMS, APPLICATIONS, CONTENT, OR DATA NOT PROVIDED OR RECOMMENDED BY THE COMPANY, THAT THE OPERATION OF THE PLATFORM WILL BE SECURE, OR THAT THE PLATFORM’S AND THE SERVICE’S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE PLATFORM AND THE SERVICES ARE SUFFICIENT FOR YOUR DESIRED PURPOSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12. Disclaimer of Liability. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS OR SUPPLIERS, NOR ITS OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL UNDER OR IN ANY WAY RELATING TO THESE TERMS OR RESULTING FROM THE USE OF OR INABILITY TO USE THE PLATFORM AND THE SERVICES OR THE PERFORMANCE OR NON-PERFORMANCE OF THE PLATFORM AND THE SERVICES, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING, AND WHETHER SUCH LIABILITY IS BASED ON ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY, OR OTHERWISE.
YOU ARE PROVIDED WITH PLATFORM ACCESS AND SUCH LICENSE PURSUANT TO SUCH CERTAIN COMMERCIAL LICENSE AGREEMENT BETWEEN THE COMPANY AND THE COMMERCIAL LICENSEE, UNDER WHICH YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER SUCH CERTAIN COMMERCIAL LICENSE AGREEMENT, INCLUDING NO RIGHTS TO ENFORCE ANY OF ITS TERMS.
ANY OBLIGATION OR LIABILITY WE MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE PLATFORM AND THE SERVICES ARE SOLELY PROVIDED TO AND/OR HELD BY THE COMMERCIAL LICENSEE PURSUANT TO THAT CERTAIN COMMERCIAL LICENSE AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.
13. Indemnity. You shall promptly indemnify, defend, and hold harmless the Company and its respective directors, officers, managers, shareholders, members, employees, licensors, representatives, and agents from and against any and all third party claims and resulting costs, liabilities, losses, expenses, and damages (including reasonable attorney's fees) arising out of or resulting from your: (i) misuse or unlawful use of the Platform; or breach of Section 3 (Employee Account), Section 4 (Restrictions on Use), or Section 5 (Intellectual Property Rights).
14. Dispute Resolution.
14.1 Binding Arbitration. Except for claims arising from your violation of the Company’s Intellectual Property Rights, to which traditional court remedies will apply, any controversy or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be determined exclusively by final and binding arbitration, as administered in accordance with the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) by an Arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Atlanta, Georgia and judgment on the award rendered by the Arbitrator may be entered in any court with jurisdiction. The arbitration shall be conducted in the English language. The Parties agree that all of the rights and obligations of the Parties under these Terms, including the enforcement thereof, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to the principles of Delaware law relating to the conflict or choice of laws. The arbitration shall be conducted by one (1) neutral and impartial arbitrator (the “Arbitrator”). The Arbitrator shall have the sole power to rule on matters of jurisdiction, arbitrability, timeliness of claims, issue preclusion, and to grant permanent equitable relief. Notwithstanding the foregoing, to the extent that it is necessary to prevent irreparable harm that may be caused to a Party by a breach of these Terms, that Party will be entitled to equitable relief (including an injunction or preservation of evidence) in any court of law having proper jurisdiction, in addition to all other available remedies. The Parties agree that the prevailing Party in any arbitration action hereunder shall be entitled to receive, in addition to all other damages and awards, the costs incurred by such Party in conducting the arbitration, including reasonable attorneys' fees and expenses, and arbitration costs.
14.2 Arbitration Opt-out. You can opt out of this provision within thirty (30) days of the date that you initially agreed to these Terms. To opt out, you must send your name, username, and email address that you use for your Employee Account, and a clear statement that you want to opt out of this arbitration agreement, and you must send such opt-out notification to: Lotus Disability, Inc., ATTN: Lotus Disability Arbitration Opt-out, security@lotusdisabilty.com.
14.3 Enforcement of Company’s Intellectual Property. You acknowledge and agree that, in addition to or in lieu of arbitration pursuant to this Section 14, we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court of law or other forum having jurisdiction.
14.4 Arbitration Agreement Survival. THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF THESE TERMS.
15. Miscellaneous.
15.1 Governing Law. The interpretation and enforcement of these Terms, and any dispute related to these Terms, will be governed by and construed and enforced in accordance with the laws of State of Delaware (US), without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
15.2 Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM AND THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15.3 Severability. If any provision set forth in these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions set forth in these Terms will be unimpaired and these Terms will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions hereof.
15.4 Notices. We may deliver any notice required or permitted hereunder (i) via a notice appearing in your Employee Account or on the Platform or (ii) via electronic mail to your contact information on record with us in connection with Employee Account, which notice will be deemed received by you when posted or transmitted by us. Where we permit notices to be given to us via a feature or functionality of the Platform (for example, changes to your Employee Account information), you may give such notice through such feature or functionality and it will be deemed effective upon actual receipt by us, but only to the extent the notice is of a type for which the feature or functionality is intended to convey. Otherwise, all notices to us under these Terms (including notices of claims or disputes or to initiate arbitration) must be sent/delivered by email to the email address set forth below. Our current address is:
Lotus Disability, Inc.
Attn: Employee Terms Notices
Email: Data@lotusdisability.com
15.5 Waiver. The failure of either Party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either Party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving Party.
15.6 Assignment. These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each Party. You may not assign, subcontract, delegate, or otherwise convey these Terms, or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate these Terms and its obligations hereunder at any time, in our sole discretion.
15.7 Survival. Termination of these Terms will not affect the provisions that, by their nature, are intended to survive the termination hereof, including without limitation, Sections 4, 5, 9, and 11-15.
15.8 Entire Agreement. The current and present version of these Terms, constitutes the sole and entire agreement between you and the Company with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
[End of Employee Terms of Service]