Terms of Use
Updated as of April 5, 2025
These Terms of Use constitute a legally binding agreement (the “Agreement”) between you (collectively, “you,” “your,” or “User(s)”) and Lavash Social LLC (collectively, “Lavash,” “us,” “we,” “Company,” or “our”) governing your use of the services on https://www.lavashapp.com ( “Website”), the Lavash Love mobile application (“App”), and any other services or platforms that Lavash may offer (collectively, the “Platform”).
1. ACCEPTANCE OF TERMS
a. By accessing the Platform, accessing or using any information, Platform features, or resources available or enabled via the Platform, clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, or completing the Lavash Love account registration process, you hereby represent that:
i. You have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time or through the Platform
ii. You are of legal age in the jurisdiction in which you reside to form a binding contract with Lavash
iii. You have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity you have named as the user during the Lavash Love account registration process and to bind that company, organization or entity to this Agreement.
b. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Platform.
2. DESCRIPTION OF THE PLATFORM
a. The term "you" and “User” as used in this Agreement will apply to all Lavash Love users, persons that visit the Website or App, and individuals who otherwise access and/or use the Platform.
b. Lavash merely makes the Platform available to enable Users to find and interact directly with each other. Lavash does not control the conduct of individual Users. Each User is solely responsible for their interactions with other Users of the Platform. Sex offender screenings and other tools do not guarantee your safety, and are not a substitute for following our safety guidelines, using your best judgment, and taking other sensible safety precautions when communicating with or meeting new people. Communications received through the Platform, including automatic notifications sent by Lavash, may result from Users engaging with the Platform for improper purposes, including fraud, abuse, harassment, or other such improper behavior. At all times, Users are responsible for evaluating and determining the suitability of the platform, its services, content, features, and other users for their personal use, and Lavash makes no representations or warranties regarding their accuracy, reliability, safety, or fitness for a particular purpose."
c. You acknowledge and understand that we do not routinely screen Users, inquire into the background of Users, attempt to verify information provided by Users, or conduct criminal screenings of Users. We reserve the right, in our sole discretion, to conduct such inquiries or screenings (including the search of any sex offender registries). You further acknowledge that we are under no obligation to conduct any such investigations. We do not make any representations, warranties, or guarantees as to the conduct of Users, information provided by Users, or Users’ compatibility with you. You acknowledge that not all Users are available for matching and that we may create test profiles or accounts to monitor the operation of the Platform. You agree to take all necessary precautions when meeting other Users, especially if you decide to meet in person. Lavash is not responsible for any User’s withdrawal from the Platform. If you are a California resident, you hereby waive California Civil Code Section 1542, which provides, in relevant part: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
d. Although we do not routinely conduct criminal screenings of Users, you agree that we have the right to do so at our sole discretion, and you consent to such screening and agree to provide to us complete, accurate, and current information confirming your eligibility for use of the Platform. You understand and agree that if Lavash believes, in its sole discretion, that you have violated the terms of this Agreement, misused the Platform, or behaved in a way that could be regarded as inappropriate, unlawful, illegal, or unsafe, Lavash may—among other things—investigate, take legal action against you, terminate your Account (as defined herein) and/or cancel any subscription or membership you may have via the Platform.
3. RULES AND RESTRICTIONS
a. Account Eligibility
i. Before you can use the Platform, you will need to register for an account (“Account”). Users can create an Account by logging in through certain social media networks or pre-existing accounts on external platforms or websites, as identified on the Platform (“External Accounts”). We may also allow users to register for an Account manually. We reserve the right to bar anyone from registering for an Account.
ii. By using the Platform or registering for an Account, you represent and warrant that:
You are at least 18 years old
You are legally qualified to enter a binding contract with Lavash
You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country
You are not on any list of individuals prohibited from conducting business with the United States
You are not prohibited by law from using the Platform
You have not been convicted of, or pled no contest to, a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence
You are not required to register as a sex offender with any state, federal, or local sex offender registry
You do not have more than one Account
You have not previously been removed from the Platform by Lavash, unless you have our express written permission to create a new Account
ii. The Platform is not available to persons under the age of eighteen (18). If you are under the age of eighteen and/or the age of legal majority in your jurisdiction of residence, you may not use the Platform.
iii. We may use a combination of automated systems and a team of moderators to monitor and review the Platform for content or conduct that indicates breach of this Agreement. We reserve the right, at our sole discretion, to terminate or suspend any Account, restrict access to the Platform, or make use of any operational, technological, legal, or other means available to enforce this Agreement (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
iv. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend any Account without notice for (1) violating these terms, (2) if we determine that your conduct on the Platform was inappropriate or improper, (3) if we, or our affiliates, determine that your conduct on other platforms or services operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid services or features for which you have already been charged.
b. User Responsibilities
i. While using the Platform, you agree that you will:
Comply with this Agreement and check this page occasionally to ensure you are aware of any changes to our policies
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements
Use the latest versions of the Platform and/or the App
Treat other users in a courteous and respectful manner—both on and off the Platform—and review and abide by our community principles and guidelines
Be respectful when communicating with any of our customer service representatives or other employees
Maintain a strong password and take reasonable measures to protect the security of your login credentials
Present yourself respectfully and authentically by using your real name and email address on your Account and adding at least one photo that shows your face
ii. Subject to this Agreement and any other Lavash policies, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.
c. Prohibited Conduct
While using the Platform, you agree that you will not:
Misrepresent your identity, age, current or previous employment positions, professional qualifications, or affiliations with a person or entity
Use the Platform in such a way that damages the Platform or prevents its use by other Users
Use the Platform in such a way that interferes with, disrupts, or negatively affects any platforms, servers, or networks related to the Platform
Use the Platform for any harmful, illegal, or nefarious purpose
Harass, bully, stalk, intimidate, assault, defame, harm, or otherwise mistreat any person
Post or share Prohibited Content (as defined below)
Solicit passwords for any reason or purpose, solicit personal identifying information from other users for commercial or unlawful purposes, or disseminate another person’s personal information without his or her permission
Submit appeals, reports, notices or complaints that are manifestly unfounded
Use any Account belonging to another User
Use the Platform in connection with any fraudulent conduct, pyramid scheme, or other similar practices
Violate the terms of the license granted to you by Lavash pursuant to this Agreement
Disclose private or proprietary information that you are not authorized to disclose
Copy, modify, transmit, distribute, or create any derivative works from any of the following, without Lavash’s prior written consent or except as otherwise permitted by the functions or features of the Platform: (a) User Content, (b) Lavash Content, or (c) any other copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Platform
Express or imply that any statements you make are endorsed by Lavash
Use any robot, crawler, site search/retrieval application, proxy, or other manual or automatic device, method, or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents
Upload viruses or other malicious code or otherwise compromise the security of the Platform
Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through the Platform
“Frame” or “mirror” any part of the Platform without our prior written authorization
Use meta tags or code or other devices containing any reference to Lavash or the Platform (or any of our trademarks, trade names, service marks, logos, or slogans) to direct any person to any other website for any purpose
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Platform, or cause others to do so
Use or develop any third-party applications that interact with the Platform, User Content, or any User’s information without our written consent, including but not limited to artificial intelligence or machine learning systems
Use, access, or publish the App’s programming interface without our written consent
Probe, scan, or test the vulnerability of the Platform or any system or network
Encourage, promote, or agree to engage in any activity that violates the terms of this Agreement
d. Reporting Misconduct
You can report any abuse or complain about any user’s conduct or content by contacting us with a description of the abuse or an outline of your complaint. We reserve the right to investigate any possible violations of this Agreement, and we may, in our sole discretion, immediately terminate any user’s right to use or access the Platform, without prior notice, as set out further in this Agreement. By using the Platform, you acknowledge and agree that in the event of a report regarding user conduct, we may review messages, interactions, and other content shared through our platform to assess potential violations of our Terms of Use or Community Guidelines. Users expressly consent to such reviews as part of our moderation and enforcement practices. However, we do not guarantee monitoring of all content and disclaim liability for user interactions on the platform. Any action taken following a report is at our sole discretion.
Users may report inappropriate conduct through our in-app reporting system. While we strive to review reports in a timely manner, We do not guarantee a specific response timeframe. Reports will be reviewed at our discretion, and we reserve the right to address or decline reports as deemed appropriate. In cases involving potential safety concerns or illegal activity, we encourage users to contact local law enforcement in addition to reporting through the platform.
We are not obligated to take any particular action in response to user reports and retain full discretion regarding content moderation, account suspension, and other enforcement measures. Users acknowledge that our failure to act on a report does not constitute a waiver of our rights or policies.
4. CONTENT
While using the Platform, you may have access to: (a) content that you upload or provide while using the Platform (“Your Content”), (b) content that other Users upload or provide while using the Platform (“User Content”), and (c) content that Lavash provides on and through the Platform (“Lavash Content”). As used in this Agreement, “content” includes, without limitation, all text, images, video, audio, or other material on the Platform, including information on users’ profiles and in direct messages between users.
a. Your Content
i. Your Content must comply with Lavash’s content guidelines. By using the Platform, you acknowledge that you are solely responsible and liable for Your Content and you agree to indemnify, defend, release, and hold Lavash harmless from any claims made in connection with Your Content.
ii. When you create an Account, we may collect information you have made publicly available through any External Accounts, or that you have otherwise authorized your External Accounts to share with third-party platforms like ours. You represent and warrant that the information you provide to Lavash is accurate, including any information submitted through External Accounts (if applicable), and that you will update your account information as necessary to ensure its accuracy.
iii. The content included on your individual profile should be relevant to the intended purpose of the Platform. You may not display any personal contact or banking information, whether in relation to you or any other person (i.e., names, home or work addresses, telephone numbers, email addresses, credit/debit card or other banking details, driver's license or passport details, social security information, health insurance information). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to exercise caution in disclosing any personal information online.
iv. By using the Platform, you acknowledge that Your Content will be visible to other Users and may be viewed by other Users and any person visiting or using the Platform or possessing a link to the Platform (e.g. individuals who receive a link to a User’s profile or shared content from other Users). You further acknowledge that other users may share Your Content with third parties and your use of the Platform constitutes your consent to any such sharing or distribution of Your Content, subject to the terms of this Agreement.
v. By uploading Your Content on the Platform, you represent and warrant that you have all necessary rights and licenses to do so, and automatically grant Lavash a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public such content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign or sub-license the above license to our affiliates and successors without any further approval by you. We do not have any obligation to store Your Content. Our license to Your Content is subject to your rights under applicable law and is for the limited purpose of operating, developing, providing, and improving the Platform, or researching and developing new services or platforms.
vi. You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time, at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.
vii. You agree that Lavash may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to:
Comply with legal process
Enforce the terms of this Agreement
Respond to claims that any content violates the rights of third parties
Respond to your requests for customer service
Protect the rights, property, or safety of Lavash or any other person
b. User Content
i. Other Users will also share content on the Platform. User Content belongs to the User that posted the content and is stored on our servers and displayed through the Platform at the direction of that User.
ii. Except as contemplated in this Agreement, you do not have any rights to User Content and you may only use other Users’ personal information to the extent that such use of the information is consistent with Lavash’s purpose and guidelines.
iii. You may not, under any circumstances, use other Users’ information for commercial or unlawful purposes, such as to spam, harass, stalk, or make unlawful threats. Should we become aware that you have misused another User’s information, we reserve the right to terminate your Account and restrict your access to the Platform.
iv. User Content is subject to the terms and conditions of Sections 512(c) and 512(d) of the Digital Millennium Copyright Act 1998. If you have a question or complaint about User Content, please see our DMCA and Infringing Content Policy for more information.
c. Lavash Content
i. All other intellectual property on the Platform (collectively, “Lavash Content”) is owned, controlled, and licensed by Lavash, absolutely and in its entirety. Lavash Content includes, without limitation, text, content, graphics, user interfaces, sounds, artwork, software, databases, logo designs (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar protectible assets. All right, title, and interest in and to Lavash Content remains with Lavash at all times, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company, or product names set forth in or appearing on the Platform are the property of their respective owners.
ii. We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Lavash Content, subject to the following conditions and limitations:
You may not use, sell, modify, or distribute Lavash Content, except as permitted by the functionality of the Platform.
You may not use our name, trademarks, logos, or other insignia in metatags, keywords, or hidden text.
You may not create derivative works from, or otherwise commercially exploit, Lavash Content, in whole or in part, in any way.
You must use Lavash Content for lawful purposes only.
You may not sub-license your right to use or access Lavash Content.
iii. The Platform is licensed, not sold, to you for use according to the terms of this Agreement. Subject to your complete and ongoing compliance with the terms of this Agreement, Lavash hereby grants you a personal, limited, revocable, non-transferable license to access and use the Platform solely for your own personal, non-commercial use, as further discussed in Section 5 of this Agreement.
iv. Lavash reserves all other rights not expressly granted in this Agreement.
d. Prohibited Content.
i. You may not upload or share Prohibited Content. “Prohibited Content” includes, without limitation, content that:
Contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person (e.g., language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance)
Is obscene, pornographic, violent, or otherwise may offend human dignity, or contains nudity
Is abusive, insulting or threatening, discriminatory, or otherwise promotes or encourages racism, sexism, hatred, or bigotry
Encourages or facilitates any illegal activity (e.g., terrorism, inciting racial hatred, or any action that, in itself, constitutes committing a criminal offense)
Is defamatory, libelous, false, or otherwise harmful to another person’s reputation
Relates to commercial activities, purposes, or arrangements outside of the purposes and intended uses of the Platform (e.g., gambling, games of chance, sweepstakes, contests, competitions, promotion or sales of alcohol, tobacco, or other controlled substances, “sugar daddy” or “sugar baby” arrangements, advertising or promotion of third-party brands or products, solicitation for unrelated or unlawful services, links to other websites, or premium-rate telephone numbers)
Contains spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, limit the functionality of, or otherwise disrupt software, hardware, telecommunications, networks, servers, or other equipment, Trojan horses or other material designed to damage, interfere with, wrongly intercept, or expropriate data or personal information, whether from Lavash or otherwise
Infringes the rights of any third party (e.g., intellectual property rights or privacy rights)
Was automatically generated or otherwise not created by you, unless expressly authorized by Lavash
Includes the image or likeness of another person without that person’s consent (or, in the case of a minor, the minor’s parent or guardian)
Includes the image or likeness of a minor unaccompanied by the minor’s parent or guardian, or is otherwise harmful to minors
Impersonates any other person, including falsely stating your name;
Is inconsistent with the intended purpose and uses of the Platform;
May harm or damage the reputation of Lavash, its affiliates or partners, or other users
ii. Lavash has a zero-tolerance policy with respect to Prohibited Content. Uploading or sharing Prohibited Content may result in the immediate suspension or termination of your Account or your access to the Platform.
f. Infringing Content.
i. If you believe, in good faith, that any content or materials on the Platform infringe upon your intellectual property rights, please view our DMCA and Infringing Content Policy for information regarding how to make a complaint.
ii. So that we are able to prevent unauthorized use of Your Content outside of the Platform, you authorize Lavash to act on your behalf with respect to infringing uses of Your Content, particularly to the extent that the content has been taken from the Platform by other users or third parties. This expressly includes the authority, but not the obligation, to send notices on your behalf, pursuant to 17 USC § 512(c)(3), if Your Content is taken and used by third parties outside of the Services (i.e., DMCA Takedown Notices). Lavash is not obligated to take any action with regard to use of Your Content by other users or third parties. Our license to Your Content is subject to your rights under applicable law and our Privacy Policy (e.g., laws regarding personal data protection, to the extent the content contains personal information as defined by such laws).
5. SOFTWARE LICENSE GRANT
a. Subject to your complete and ongoing compliance with this Agreement, Lavash grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use a copy of the Platform on a desktop computer or mobile device that you own or control and to run such copy of the Platform solely to access the Platform for your own personal, non-commercial purposes. This license does not allow you to use the Platform on any device that you do not own or control. The terms of the license will govern any upgrades provided by Lavash that replace or supplement any aspect of the Platform, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
b. Certain software code incorporated into or distributed with the Platform may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in this Agreement, the Open Source Software is not licensed under this Agreement and instead is separately licensed pursuant to the terms and conditions of the respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
c. We reserve the right to stop offering or supporting the Platform (or any particular portion or part thereof) or restrict access to the Platform at any time, at which point your license to use or access the Platform, or any part thereof, will be automatically terminated. In such an event, we will not be required to provide refunds, benefits, or other compensation to Users in connection with such discontinued access to the Platform.
d. In consideration for Lavash’s permission to use or access the Platform, you agree that we, as well as any of our affiliates or third-party partners, may place advertising on the Platform.
6. USE ON MOBILE DEVICES
a. By accessing or using the Platform through a mobile device, you acknowledge that such use of the Platform is subject to the terms and conditions of using the mobile device and any underlying software, as set by the provider of the device or software (i.e., Apple/iOS App Store or Google Play). It is your sole responsibility to review the terms and conditions that apply to any relevant mobile devices before using the Platform thereon.
b. You understand that the Platform is evolving and, as a result, you may be required to accept updates to the Platform or other software that you have installed on your mobile device. You acknowledge and agree that Lavash may update the Platform, with or without notifying you. You may need to update third-party software from time to time in order to access or use the Platform.
c. We may ask for your permission to collect certain usage data from your device. By granting this permission, you agree that we may collect and use technical data and related information, including, but not limited to, UDID, device location, and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform, and to anonymously track and report your activity inside of the Platform, including for analytics purposes.
d. In consideration for Lavash’s permission to use or access the Platform, you agree that we, as well as any of our affiliates or third-party partners, may place advertising on the Platform. Additionally, by submitting suggestions or feedback to us regarding the Platform, you agree that we may use and share such feedback for any purpose without compensating you.
e. We may provide you with emails, text messages, push notifications, alerts and other messages related to the Platform, such as enhancements, offers, products, events, and other promotions. When accessing the Platform, you may be asked to accept or deny push notifications or alerts. If you deny, you will not receive any push notifications or alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from Lavash or the Platform, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails or text messages, you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing your request to connect@lavashapp.com.
f. The Platform may also allow access to, or make available opportunities for you to view, certain content, User profiles, or other materials based on your location. To make these opportunities available, the Platform will determine your location using one or more reference points (e.g., GPS, Bluetooth, or software within your mobile device). If you have set your mobile device to disable GPS, Bluetooth, or other location-determining software, or otherwise do not authorize the Platform to access your location data, you will not be able to access such location-specific content, products, services, and materials. For more about how the Platform uses and retains your information, please read the Privacy Policy.
g. The Platform was developed by private financing and constitutes a “Commercial Item,” as that term is defined at 48 C.F.R. §2.101. The Platform consists of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4, all U.S. government end-users acquire only those rights in the Platform that are expressly provided by this Agreement. Consistent with 48 C.F.R. §12.211, all U.S. government end-users acquire only technical data, and the rights in that data, as expressly provided in this Agreement. Any use, reproduction, release, performance, display, or disclosure of the Platform—in whole or in part—by the U.S. government will be governed solely by this Agreement, and is prohibited except to the extent expressly permitted by the terms of this Agreement.
h. The Platform, and its underlying information and technology, may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country that is subject to a U.S. government embargo or has been designated by the U.S. government as a “terrorist supporting” country; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software and/or Documentation, you are agreeing to the foregoing and you represent and warrant that you (a) are not located in, under the control of, or a national or resident of any such country or on any such list, (b) are not listed on any U.S. government list of prohibited or restricted parties, and (c) you agree to comply with all United States and foreign laws related to use of the Platform.
7. PRIVACY
For detailed information about how Lavash and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using the Platform, you agree that we may use your personal data in accordance with our Privacy Policy.
8. FEES, PURCHASES, AND PAYMENT
a. General Payment Terms
i. Lavash may make available certain fee-based content, functionalities, features, and/or other e-commerce services on and/or in connection with the Platform or through third-party service providers (“Premium Services”). Prices for Premium Services will be specified on the Platform. Users agree to pay all amounts due in accordance with the payment terms in effect when purchasing Premium Services, including any applicable taxes and service, transaction, or processing fees. All transactions are in U.S. dollars (USD) unless otherwise specified at the point of payment.
ii. You acknowledge and agree that certain Premium Services may utilize third-party service providers. You further acknowledge and agree that Lavash does not operate, own, or control any third-party payment processors. Use of your payment information is governed by your agreements with, and the privacy policies of, the payment processors, not this Agreement. You agree to immediately notify payment processors of any change to billing details or other information for your payment card(s).
iii. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially-used Subscriptions (as defined herein), except if the laws applicable in your jurisdiction provide for refunds. You agree that you will not make unjustified requests for a refund from Lavash, any payment processor, or any payment card provider in relation to any transaction through the Platform. If we determine that a User’s request for a refund or chargeback request was made in bad faith, we reserve the right to suspend or delete that User’s Account.
iv. We may suspend or terminate access to the Platform, including Premium Services, for any Account on which any amount is due but unpaid. In addition to the amount due for the Premium Services, a delinquent Account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
v. Lavash is not responsible and has no liability whatsoever for goods or services that Users may obtain through third-party service providers or other websites or web pages. Lavash encourages Users to take all necessary or appropriate measures before proceeding with any online transaction with any of these third parties.
b. Subscription Terms
i. Some Premium Services may be billed on a subscription basis (“Subscriptions”), and some Subscriptions may be automatically-renewing. IF YOU PURCHASE AN AUTOMATICALLY-RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT LAVASH’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new Subscription period, you must cancel, as described below, before the end of the then-current Subscription period. Deleting your Account or deleting the App from your device does not cancel your Subscription. If you cancel your Subscription, you will continue to have access to your Subscription benefits until the end of your Subscription period, at which point it will expire.
ii. Users may cancel Subscriptions, as well as payments in connection with Subscriptions, at any time. Termination of a Subscription takes effect in the subsequent (not current) term for that Subscription. Once a Subscription has been canceled, the canceling User’s access to the Subscription and associated features will terminate at the end of the term or cycle during which the cancellation was initiated. Users will not be entitled to a refund for any Subscription-based offerings on the Platform.
iii. If you sign up for a free trial and do not cancel, your trial may convert into a paid Subscription, and your payment method will be charged at the then-current price for such Subscription. Once your free trial converts to a paid Subscription, your paid Subscription will continue to automatically renew at the end of each period, and your payment method will be charged, until you cancel. To avoid charges at the conclusion of a free trial period, you must cancel before the end of the then-current free trial period. Deleting your Account or deleting the App from your device does not cancel your free trial.
iv. For Users residing in New York:
Upon notice in writing and delivered to Lavash Social LLC, 8401 MAYLAND DR STE P RICHMOND, VA 23294, Users may place any Subscriptions on hold for up to one year.
How your information is used and how you may access your information is set forth in our Privacy Policy.
v. For Users residing in North Carolina: You may review the North Carolina Buyer’s Rights here.
vi. For Users residing in California:
You may cancel any Subscriptions, without penalty or obligation, at any time prior to midnight of the third business day following the date on which you subscribed. If you subscribed using an external service, you must cancel through your external service.
If you subscribed through your Apple ID, refunds are handled by Apple/Google, not Lavash. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com.
All other Users may request a refund by contacting Lavash’s customer service department at connect@lavashapp.com, or by mailing or delivering a signed and dated notice stating that you (the buyer) are canceling this Agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier that you may have used to create your account. This notice should be sent to: Lavash Social LLC, ATTN: Cancellations, 8401 MAYLAND DR STE P RICHMOND, VA 23294.
You may have this Agreement e-mailed to you by sending a letter to Terms Inquiries at 8401 MAYLAND DR STE P RICHMOND, VA 23294 .
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
vii. For Users residing in Arizona, Connecticut, Illinois, Iowa, Minnesota, Ohio, Rhode Island, and Wisconsin:
You may cancel any Subscriptions, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.
In the event that you die before the end of your Subscription period, your estate will be entitled to a refund of that portion of any payment you had made for your Subscription which is allocable to the period after your death.
In the event that you become disabled (such that you are unable to use the Platform) before the end of your Subscription period, you will be entitled to a refund of that portion of any payment you had made for your Subscription which is allocable to the period after your disability by providing the company notice in the manner set forth herein.
viii. For Users residing in the EU or European Economic Area: In accordance with local law, you are entitled to a full refund during the fourteen (14) days after the Subscription begins. Please note that this 14-day period commences when the Subscription starts.
9. EXTERNAL SERVICES AND THIRD-PARTY CONTENT
a. Third-Party Systems and App Stores
i. The following additional terms and conditions apply to you if you download the App from a third-party platform such as the Apple App Store and Google Play Store (“Third-Party Store”). To the extent that the other terms of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this section, the more restrictive or conflicting terms and conditions in this section will apply, but solely with respect to the App and the Third-Party Store. You acknowledge and agree that:
This Agreement is concluded solely between you and Lavash, not with the providers of any Third-Party Store, and Lavash (not the Third-Party Store providers) is solely responsible for the App and the content thereof. To the extent that this Agreement provides usage rules for the App that are less restrictive or in conflict with the applicable terms of service of the Third-Party Store from which you obtain the App, the more restrictive or conflicting terms of the Third-Party Store will take precedence and will apply.
The Third-Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Lavash is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third-Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Lavash, not the Third-Party Store provider, is responsible for addressing any claims that you or any third party may have relating to the App or your possession or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; or (4) intellectual property infringement claims.
The Third-Party Store provider and its subsidiaries are third-party beneficiaries of this Agreement, and, upon your acceptance of this Agreement, the Third-Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
ii. In the event of a conflict between a Third-Party Store’s or mobile carrier’s applicable terms and conditions and this Agreement, the terms and conditions of the Third-Party Store or mobile carrier will govern and control. We are not responsible, and have no liability whatsoever, for third-party goods or services you obtain through a Third-Party Store or mobile carrier. We encourage you to conduct whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
b. Third-Party Links and Services
i. If you use a service, feature, or functionality that is operated by a third party and made available through the Platform (including services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Lavash is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
ii. Certain features of the Platform may require access to and use of your device’s map features or functionality, such as Google Maps or other External Services. Any use of those features will be subject to the terms and conditions applicable to such External Services. By using the Platform, you may also be required to agree to the end-user terms for any such third-party services. It is your sole responsibility to review the terms and conditions that apply to the third-party services before using those services in conjunction with the Platform. This Agreement does not apply to any activities conducted via third-party services.
iii. The Platform may contain links to third-party websites, advertisers, products, services, or other offerings that are not owned or controlled by Lavash. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Platform or use a third-party service, you do so at your own risk, and you understand that this Agreement and the Lavash Love Privacy Policy do not apply to your use of such third-party sites or services. You expressly relieve Lavash from any and all liability arising from your use of any third-party website, service, or content.
iv. Additionally, your dealings with or participation in promotions of advertisers found on the Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
v. If you are a California resident, you hereby waive California Civil Code Section 1542 (and any other similar applicable state statute), which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”
vi. Some links to third-party sites may be monetized by third-party services. Lavash may receive compensation for its role in the purchasing process by referring prospective purchasers to products on third-party sites. This compensation does not affect the final purchase price of such products. This referral disclosure is provided in accordance with the United States Federal Trade Commission’s 16 CFR § 255.5.
c. External Service Purchases
i. When making a purchase on the Platform, you may have the option to pay through an external service and your external service account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your external service account. Some external services may charge you sales tax, depending on where you live, which may change from time to time.
ii. If you initiate a chargeback or otherwise reverse a payment made with your external service account, we may terminate your Account immediately, at our sole discretion. We will retain all funds charged to your external service account until you cancel your subscription through your external service account. Certain Users may be entitled to request a refund.
10. ACCOUNT TERMINATION
a. You can delete your Account at any time by logging into your Account on the Platform and following the instructions to terminate your Account. However, you will need to cancel or manage any external service purchases through your external service account (e.g., Apple App Store, Google Play) to avoid additional billing.
b. We reserve the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated this Agreement, misused the Platform, or behaved in a way that we deem inappropriate or unlawful, on or off the Platform. We reserve the right to make use of any personal, technological, legal, or other means available to enforce this Agreement, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Platform.
c. If your Account is terminated by you or by Lavash for any reason, the terms of this Agreement continue and remain enforceable between you and Lavash, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.
11. DISCLAIMERS
a. The following disclaimers are made on behalf of Lavash, its officers, employees, directors, shareholders, affiliates, agents, and licensors (collectively, the “Covered Parties”).
b. LAVASH PROVIDES THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT (i) THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (ii) ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED, OR (iii) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE PLATFORM WILL BE ACCURATE.
c. LAVASH TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU, OTHER USERS, OR THIRD PARTIES POST, SEND, OR RECEIVE THROUGH THE PLATFORM, NOR DO WE TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE THROUGH THE PLATFORM. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM (i) ANY SECURITY BREACH, (ii) ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, (iii) COMPUTER LINE OR NETWORK FAILURE, OR (iv) ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
d. You are responsible for the use of your Account and Lavash expressly disclaims any liability arising from the unauthorized use of your Account. Should you suspect that any unauthorized party may be using your Account, or you suspect any other breach of security, you agree to notify us immediately.
e. You understand that Lavash does not conduct criminal background or identity verification checks on its Users or otherwise inquire into the background of Users. We make no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of Users. We reserve the right to conduct—and you authorize us to conduct—any criminal background check or other screenings at any time using available public records and you agree that any information you provide may be used for that purpose. If we decide to conduct any screening through a consumer reporting agency, you hereby authorize us to obtain and use a consumer report about you to determine your eligibility under the terms of this Agreement.
f. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE PRECAUTIONS. COMMUNICATIONS RECEIVED THROUGH THE PLATFORM, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY LAVASH, MAY RESULT FROM USERS ENGAGING WITH THE PLATFORM FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR. YOU AGREE TO USE CAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OUTSIDE OF THE PLATFORM OR MEET IN PERSON.
g. USERS ARE NOT COVERED PARTIES WITHIN THE MEANING OF THESE TERMS. WE DO NOT CONTROL OR HAVE THE RIGHT TO CONTROL USERS, EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY APPLICABLE SUPPLEMENTAL TERMS, OR AS REQUIRED BY APPLICABLE STATE OR FEDERAL LAW, REGULATION, OR ORDINANCE.
12. INDEMNITY; LIMITATION OF LIABILITY
a. Indemnification
i. You agree to indemnify and hold harmless the Covered Parties against any and all claims, damages, losses, costs, liabilities, and expenses or fees (including reasonable attorneys’ fees), of any kind, relating to or arising out of: (i) your use of the Platform; (ii) your violation or breach of any provision of this Agreement, any additional or supplemental rules or policies relating to the Platform, or any applicable law or regulation, whether or not referenced herein; (iii) your violation of any rights of any third party; (iv) your use of, or inability to use, the Platform.
ii. Lavash reserves the right, at its sole discretion and expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any of the Covered Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission.
b. Limitation of Liability
i. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE COVERED PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THIS AGREEMENT, HOWEVER ARISING (INCLUDING NEGLIGENCE), EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ii. IN NO EVENT WILL LAVASH’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PLATFORM EXCEED THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH THE PLATFORM WHILE YOU HAVE AN ACCOUNT.
iii. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION WILL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
iv. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. DISPUTE RESOLUTION
a. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND LAVASH ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND LAVASH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
b. Governing Law
i. This Agreement and any and all claims, disputes, or other legal proceedings by or between you or Lavash, including, but not limited to, any such claims or disputes that are in any way related to or arising under this Agreement or your access to or use of the Platform, Lavash websites or platforms, or the App, will be governed by the laws of the State of California without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction.
ii. The parties agree that their arrangement under this Agreement is in interstate commerce and that the Federal Arbitration Act applies to the construction of the arbitration provisions below. For any claim, dispute, or other legal proceeding not subject to the arbitration provisions below, the claim or dispute will be brought and litigated exclusively in the state courts located within Los Angeles County, California or the federal courts in the Central District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
c. Agreement to Arbitrate.
i. If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and Lavash each agree that any and all disputes between Users and Lavash arising under or related in any way to this Agreement or such user’s use of the Platform, Lavash websites or platforms, or the App must be resolved through binding arbitration as described in this section.
ii. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this Agreement to Arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.
d. Exceptions to Arbitration
i. This Agreement to Arbitrate will not apply to the following: (1) small claims court cases that qualify; (2) legal proceedings that involve efforts to obtain user-identifying information; (3) any legal proceedings brought against Lavash by companies or other legal entities or individuals acting on behalf of such companies or other legal entities; (4) any legal proceedings brought by Lavash against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (5) a party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
ii. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement, and the Dispute Resolution section, will continue to apply.
e. Informal Dispute Resolution
i. If either of you or Lavash intends to seek arbitration under this Agreement, the party seeking arbitration must first notify the other party of the dispute, in writing, at least 30 days in advance of initiating arbitration.
ii. Notice to Lavash should be sent to 8401 MAYLAND DR STE P RICHMOND, VA 23294 . If you have an Account, notice to you will be sent to the e-mail address associated with your Account.
iii. The notice of dispute ("Notice") must (1) describe the nature and basis of the claim or dispute and (2) set forth the specific relief sought. If you and Lavash do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Lavash may commence formal arbitration proceedings.
f. Arbitration Procedure
i. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), if applicable, as modified by this section. Any settlement offer made by you or Lavash may not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration will be held in Los Angeles, California.
ii. For any claim where the total amount of the award sought is $10,000 or less, you and Lavash may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Lavash, subject to the arbitrator's discretion to require an in-person hearing. In cases where an in-person hearing is held, you or Lavash may attend by telephone, unless the arbitrator requires otherwise.
iii. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Users but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator's award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
g. Opt-Out Procedure
i. IF YOU ARE A NEW LAVASH USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE LAVASH LOVE TERMS OF USE FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO LAVASH SOCIAL LLC, RE: OPT-OUT NOTICE, 8401 MAYLAND DR STE P RICHMOND, VA 23294.
ii. For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the e-mail address(es) associated with the Lavash account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective.
iii. This procedure is the only way you can opt out of the Agreement to Arbitrate.
iv. If you opt out of the Agreement to Arbitrate, all other parts of this Agreement and this Dispute Resolution section will continue to apply. Opting out of the Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements between you and Lavash.
h. Modification of the Agreement to Arbitrate
i. Notwithstanding any provision of this Agreement to the contrary, you and Lavash agree that, if Lavash makes any changes to this Dispute Resolution section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Agreement that have arisen or may arise between you and Lavash.
ii. We will notify you of changes to this Dispute Resolution section by posting the changes on the Platform at least thirty (30) days before the effective date of the changes and also by e-mail. If you do not agree to any modified terms, you may close your account within the thirty (30) days between the notification date and the effective date, and you will not be bound by the changes.
14. MISCELLANEOUS
a. Governing Law; Venue
i. This Agreement and any disputes arising under or related to this Agreement, the Platform, our Privacy Policy, or any supplemental or additional terms relating to the Platform will be governed by the laws of the State of California, without reference to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction and venue of the courts located within California for any legal proceeding arising from the same, regardless of the cause of action or which party has initiated the legal proceeding.
ii. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Lavash agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Los Angeles, California if you are a California citizen or resident, and in the United States District Court for the District in which you reside if you are not a California citizen or resident.
b. Severability
If any clause or provision set forth in this Agreement is determined to be illegal, invalid, or unenforceable under present or future law, the clause or provision will be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
c. Waiver
No failure or delay in exercising any right, power or privilege under this Agreement will operate as a waiver of such right or acceptance of any variation of the Agreement, and nor will any single or partial exercise by either party of any right, power, or privilege preclude any further exercise of the right or the exercise of any other right, power, or privilege.
d. Integration
This Agreement, together with any amendments, policies, and additional agreements between you and Lavash in connection with Platform, will constitute the entire agreement and understanding between you and Lavash concerning the Platform. You acknowledge and agree that you have not relied upon any statement, promise, or representation made or given by or on behalf of Lavash that is not set out in this Agreement or any document expressly referenced herein.
e. Interpretation
i. The headings in this Agreement are for convenience only and have no legal or contractual effect.
ii. To the extent allowed by law, the English version of this Agreement is binding, and any translations are provided for convenience only.
iii. All pronouns and any variations thereof will be deemed to refer to the masculine, feminine, neuter, singular, or plural as the identity of the subject entities or persons.
iv. Any word both capitalized and uncapitalized will be deemed to have the same meaning.
f. Relationship of the Parties
This Agreement does not create, and may not be construed to create, any agency, partnership, joint venture, fiduciary, or other special relationship or employment. You may not make do not have the authority to bind or make representations on behalf of Lavash in any manner.
g. Assignment; Transfer
You agree that your Account is non-transferable and all of your rights to your Account, and its content, terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Lavash without restriction.
h. Notices; Electronic Communications
i. Lavash may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via e-mail, written or hard copy, or through conspicuous posting on our websites or platforms, as determined by Lavash in its sole discretion. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering that you or your network provider may apply to e-mail notifications sent to the e-mail address associated with your Account. We recommend that you add connect@lavashapp.com to your e-mail contacts or address book to help ensure that you receive e-mail notifications from us.
ii. By accessing the Platform or registering for an Account, you consent to receive communications from Lavash in electronic form, and agree that all terms and conditions, agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This section does not affect your statutory rights.