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Terms of Service

This website is owned and maintained by LAVA.

By accessing and using this website and LAVA, you are entering into this Agreement with LAVA and indicating that you agree to these terms of service. You are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

If you do not agree with these terms and conditions, please do not use this website as you are prohibited from using or accessing this site.

The materials contained in this website are protected by applicable copyright and trademark law.

You can contact us if you have any questions.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter addressed herein and supersedes all prior communications, agreements or understandings, written or oral, between the Parties. Any amendment to this Agreement must be in writing and signed by both Parties.

Severability

The provisions of this Agreement are severable, and if any provision of this Agreement is determined to be invalid or unenforceable under any controlling law, such invalidity or non-enforceability shall not in any way affect the validity or enforceability of the remaining provisions of this Agreement.

Assignment and Successors; Binding Effect

The rights and obligations of the Parties under this Agreement may not be assigned, transferred, pledged or otherwise encumbered without the prior written consent from the other Party in its sole discretion. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and there respective heirs, legal and personal representatives, successors and permitted assigns.

Disclaimer

The materials on LAVA’s website are provided on an ‘as is’ basis. LAVA makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, LAVA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

No Guarantee of a Specific Result

Regardless of any perceived representation to the contrary, Agency in no way guarantees a specific result for Client. Client understands and agrees that they are paying the Agency as a service to generate results, but that results are never guaranteed. It is understood and agreed to that the Agency has no control over Google or other advertising platforms and if they decide to make changes to their advertising platform.

Default

In the event that Client fails to pay any fees or charges under this Agreement, Agency may immediately pause or continue this Agreement, among other available remedies, until the Client cures its default.

Limitations

In no event shall LAVA or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on LAVA’s website, even if LAVA or a LAVA authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Limitation of Liability

Agency warrants that the marketing services as outlined in the formal proposal will be provided in conformance with the terms of this Agreement, however, Agency does not make any other warranties, whether expressed or implied, whether regarding the performance of the services it provides. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH: (a) AGENCY SHALL HAVE NO LIABILITY FOR ANY SERVICES PROVIDED, INCLUDING ANY LIABILITY FOR NEGLIGENCE; (b) AGENCY MAKES AND CLIENT RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION; AND (c) AGENCY SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Subject to the foregoing and notwithstanding anything to the contrary elsewhere contained, in no event shall the maximum aggregate liability of the Agency in connection with this Agreement exceed the monthly fee paid by the Client in the three (3) months preceding the claim. IN NO EVENT SHALL AGENCY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION OR DATA STORAGE, GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Force Majeure

Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reasons beyond its reasonable control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications or utilities, or any act or failure to act by the other party or such other party’s officers, employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party’s reasonable control.

Non-Disparagement

The Parties agree not to disparage, slander, or defame, directly or indirectly, each other or its principals, agents, officers, owners, directors or employees whether during the Term or after termination of this Agreement. Further, this term shall apply, without limitation, to all forms of social media and online forums. Nothing herein shall prevent any Party from making any truthful statement in connection with any legal proceedings or with any investigation by any governmental authority.

Attorney’s Fees

In any litigation, arbitration or dispute arising under or relating to this Agreement, each Party shall be entitled to recover reasonable attorney’s fees and litigation costs.

Accuracy of Materials

In no event shall LAVA or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on LAVA’s website, even if LAVA or a LAVA authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on LAVA’s website for personal, non-commercial transitory viewing only.

This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on LAVA’s website;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by LAVA at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Links

LAVA has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by LAVA of the site. Use of any such linked website is at the user’s own risk.

Modifications

LAVA may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Bern, Switzerland without regard to any choice-of-law provisions and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

The Client agrees to be bound by the terms of this Agreement as set forth above and as of the Effective Date of when the onboarding between Client and Agency happens.