Terms of Service

Last Updated: 04/23/2020

Lavu, Inc. (“Lavu”) and/or its affiliates and subsidiaries (collectively, “Lavu” “we” or “us”’ or “our”) offer clients certain websites, software, applications, content, product, and services (“Lavu Products”) which may be branded Lavu, LavuPay, MenuDrive, Sourcery, or another brand owned or licensed by Lavu.  

This Terms of Service Agreement (this “Agreement”) is a legal agreement between Lavu and you (“you,” “your”) governing the Lavu Products and their respective websites (or such other website(s) as we may designate from time to time) that we may currently or in the future provide or offer. To receive or use any of the Lavu Products, you must accept all of the terms of this Agreement. If you do not agree with these terms and do not want to be bound by this Agreement, you may not use, access, or order any of the Lavu Products.

THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR ANY OF THE LAVU PRODUCTS OR BY ACCESSING OR USING ANY OF THE LAVU PRODUCTS ON OUR WEBSITES, OR BY DOWNLOADING ANY OF THE LAVU PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THIS AGREEMENT IN ITS ENTIRETY ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT IN CONNECTION WITH SUCH ORDER, USE, DOWNLOAD OR ACCESS. YOU REPRESENT, COVENANT AND WARRANT THAT YOU HAVE THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT, AGREE AND ENTER INTO THIS AGREEMENT IN ITS ENTIRETY ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT. YOU REPRESENT, COVENANT AND WARRANT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ACCEPT, AGREE AND ENTER INTO THIS AGREEMENT IN ITS ENTIRETY.

THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IF YOU SUBSCRIBE TO ANY OF THE LAVU PRODUCTS FOR A TERM (THE “INITIAL TERM”), THEN THIS AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT THE LAVU PRODUCT’S THEN-CURRENT FEES FOR SUCH LAVU PRODUCT UNLESS YOU OPT OUT OF THE AUTORENEWAL IN ACCORDANCE WITH SECTION BELOW OR UNLESS LAVU GIVES YOU NOTICE THAT IT HAS ELECTED NOT TO RENEW THIS AGREEMENT (IN ITS SOLE AND EXCLUSIVE DISCRETION).

Definitions

  • “iOS” means Apple’s “iOS” operating system used on the iPad, iPod, iPhone or any other Apple-branded products.
  • “User Control Panel” means the control panel used to change settings and options for your User Account.
  • “User Account” means an account that is created that allows you to access one or more of the Lavu Products.
  • “Fees” means the fees paid for your continued use of any of the Lavu Products based on the subscription you select at the time you subscribe to any of the  Lavu Products.
  • “Software License” means the software license between you and us to allow you to use one or more of the Lavu Products.
  • “Credit Card Gateway” means a third-party service that a you may choose to sign up with that handles the processing of credit card transactions.
  • “Account Activity” means the payments made to your User Account within the last 30 days; orders recorded by the Lavu Products in the last 30 days; and/or clock punches recorded in the last 30 d