Terms of Service

Last Updated: July 22, 2024

Welcome to the Service of Yael Gavish Studio LLC ("Company", "we" or “us"). We provide artwork, coaching services, and educational programs. For the purposes of this agreement the words “course” and “program” shall have the same meaning and be used interchangeably.

How You Accept the Terms of Service

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of https://yaelgavishstudio.com/, including any content, functionality and services offered on or through https://yaelgavishstudio.com/ (the "Website"), whether as a guest or a purchaser of services, including without limitation, the purchase of artwork, coaching services, and courses. These Terms of Service also apply to all of our services offered outside of this Website (together with the Website, the “Service”).

Please read the Terms of Service carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://yaelgavishstudio.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Service.

This Service is not for children under the age of 18. By using the Service, you represent and warrant that you are of legal age and able to form a binding contract with the Company. If you are not of legal age or not able to form a binding contract, you must not access or use the Service.

How We Change the Terms of Service

We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter.

Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Your Access to the Website

We reserve the right to withdraw or amend this Website and any service or material we provide on or through the Website or through any third-party platform or service at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Service, or the entire Website, to users.

Your Account Security

To access some of the resources the Service offers, you will be asked to provide certain registration details or other information through a third-party provider. It is a condition of your use of the Service that all the information you provide in connection with the Service, including during group sessions and to any third-party providers to the Service, is correct, current, and complete. You must not impersonate any person, or misrepresent your identity or affiliation with any person or organization. You agree that all information you provide to register for our Service through this website or a third party, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of security procedures either on our Website or a third party’s website, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it or to any content, courses, products, services, or programs offered by Company on this website or any third-party platform, using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Our Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, artwork, video, and audio, the design, selection, and arrangement thereof, Company’s name, logo, and all related names, logos, product and service names, designs and slogans) and the services provided on or through the Service, including services and content provided by Company on third party platforms, are owned by Company, its licensors or other providers of such material and are protected by United States intellectual property or proprietary rights laws.

How You Can Use the Service

You are permitted to use the Service and Company services for your personal, non-commercial use only, including as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of handouts or workbooks provided by the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

How You Cannot Use the Service

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the services or any of the materials provided through our Service, including any materials provided by Company through any third party platform, unless expressly noted above. You also must not:

Resale, copy or repurpose any materials from the Service, including Company materials provided through any third party.
Modify copies of any materials from the Service, including Company materials provided through any third party.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site or any third-party site where we provide any goods or services.
Share purchased materials, content, and information with others who have not purchased them including family, friends, and colleagues.
Violate the privacy of any user of the Service, including any participant in any Services provided by Company where users or participants share nonpublic information. Please be respectful, which means you must respect the privacy of other users and not reveal any information disclosed by other users Service in a forum where the information is not already public.
Use the Service in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Use the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or products, asking for personally identifiable information, or otherwise.
Impersonate or attempt to impersonate Company, a Company’s employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Company or users of the Service, or expose them to liability.

Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real-time activities through the Service.
Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Service.

If you do any of the above, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the services, the Service, or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

User Content

The Service may contain message boards, comment sections, chat rooms, personal web pages or profiles, forums, bulletin boards, group sessions, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons, whether in writing or verbally, (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Service or through third party services.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you post to the site, a group session, or otherwise contribute as a part of the Interactive Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, including during group sessions or on any other Service Company provides through a third party, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service, including any group session or any other services provided by Company through a third party platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot undertake to review all material before it is posted on the Service, including material communicated in a group session, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Media Authorization and Release

By participating in any Interactive Services offered by Company, including through third-party platforms such as Zoom, Kajabi or others, you acknowledge that your involvement may be recorded at Company’s sole discretion. You consent to this recording and agree that the contents of the recordings are considered Content as defined above and you grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any recordings for any purpose.

You also hereby authorize Company and its assigns to use any and all photographs, pictures, audio, videos, or other likenesses of you in any format, any medium, and in any location worldwide, at the Company’s sole discretion, without review, permission or compensation to you, to provide services and used for marketing in its promotional materials in private and public forums and social media platforms. Company shall have complete ownership of any recording, product, copy, presentation or other material or file containing or featuring you (the “Product”), including copyright interests, and you acknowledge that you have no interest or ownership in the Product (or any portion thereof) or its copyright.

Our Rights

We have the right to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials through the Service.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

You Shouldn’t Rely on Information

The information presented on or through the Service, including through services we offer on third-party platforms, including without limitation, information presented during group sessions, on Company’s social media platforms, and in courses, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

This Service may include content provided by third parties, including materials provided by other users, speakers, writers, coaches, and companies. All statements and/or opinions expressed in these materials, including articles, responses to questions, and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

Terms of Sale

Our services are available for the prices noted on the Website. All purchases through our site, formed through the Service, or as a result of visits made by you are governed by these Terms of Service.

Company provides a range of services on and through the Service, including artwork, coaching services, and courses.

Payment

All prices are in US dollars. Payment is generally due in full at the time the order is placed, but we may offer payment plans for certain services where specifically noted. All sales are final. No refunds will be provided under any circumstances. We may provide a grace period to sort out any billing issues. Following any such period, we will block access to this Service. We do not tolerate the threat of chargebacks or any actual chargebacks from your credit card company. We reserve the right to report any chargebacks to the credit bureaus or any other entities maintaining listings of delinquent accounts or chargeback databases. This may have a negative impact on your credit score.

Artwork

While Company makes reasonable efforts to represent the true colors of the artwork on your screen, colors may vary slightly on the digital screens and in the physical form, and depending on the lighting conditions.

No license or rights to the artwork are granted to the buyer, other than the right to use the artwork for personal, non-commercial purposes. The artist retains all copyrights and intellectual property in and relating to the artwork. The artwork may not be reproduced, modified, publicly displayed, copied, or distributed in any way without the artist’s prior written consent.

Coaching and Courses

We may offer payment plans to purchase coaching and courses provided by Company. Payment plans are an absolute commitment to pay the full price owed for the service in accordance with the plan.

Purchase of one of our courses gives you lifetime access to the course materials, including future updates, as long as the course is offered. Company is not obligated to provide the prorgam for any specific amount of time or to offer any specific amount of lessons, hours, material, or information unless otherwise agreed in writing. If the course is no longer offered or available, purchasers of the course will have the option to access or download materials for a certain period of time. After this time period expires, course purchasers will no longer be able to access the course or any content or materials associated with it.

From time to time we may offer bonuses at our sole discretion. Bonuses are additional offerings that are not part of the course and may be offered based on the purchase date and terms in effect at that time.

The course content and materials are currently provided through Kajabi. Company may elect to provide the course through a different platform at any time, at its sole discretion. We will provide you with notice in accordance with these Terms of Service and instructions on how to access the course under the new platform, if applicable.

Course participants may not pitch any third-party goods or services, including the participants’ own goods or services, to other participants on or through the Interactive Services.

Not Therapy or Professional Advice

Company’s coach and course presenter is not a licensed psychotherapist. Coaching is not therapy and is not a substitute for therapy, if necessary, and coaching does not involve diagnosing, preventing, curing, or treating any mental disorder or mental disease.

Company does not provide any legal, tax, accounting, financial, therapeutic, behavioral, medical, mental, or other health treatment or other professional advice. Company does not conduct psychological evaluations and does not make formal recommendations based on psychological evaluations.

It is your exclusive responsibility to seek any independent professional guidance as needed. If you are currently under the care of a mental health professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by you and Company.

Your Mental Health is Ultimately Your Responsibility

You are solely responsible for creating and implementing your own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship, your consumption of course materials and interactions with Company and its coach in an effort to lead to improved outcomes. As such, you agree that neither Company nor its Coach are not and will not be liable or responsible for any actions or inaction or for any direct or indirect result of any service provided by Company.

RESULTS ARE NOT GUARANTEED. Company makes no guarantees or warranties, express or implied. Your results depend largely on your own decisions, motivation, commitment, and actions, as well as numerous other factors and circumstances that Company has no way to assess or predict. It is in no way the responsibility of Company or anyone associated with it to ensure any of the offering will be right or beneficial for you, and Company cannot make any representations or guarantees regarding your results.

Linking to the Service

You may link to our Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you or does not comply with these Terms of Service.
Cause the Service or portions of it to be displayed, or appear to be displayed by, for example, framing, or in-line linking, on any other site.
Otherwise take any action with respect to the materials on the Service that is inconsistent with any other provision of these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable any links at any time without notice at our discretion.

Other Websites

The Service contains links to other sites and resources provided by third parties, including links contained in posts or courses or sponsored links. In addition, when you choose to purchase a course, you will be taken to a third-party service to register and purchase the course. These links are provided for your convenience only. We have no control over the technology, glitches, data breaches, privacy, contents of those sites (other than the content in the Company course purchased) or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Where You Can Use the Service

We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Additional Terms

Disclaimer of Warranties

We cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YAEL GAVISH STUDIO LLC NOR ANY PERSON ASSOCIATED WITH YAEL GAVISH STUDIO LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER YAEL GAVISH STUDIO LLC NOR ANYONE ASSOCIATED WITH YAEL GAVISH STUDIO LLC REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YAEL GAVISH STUDIO LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL YAEL GAVISH STUDIO LLC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YAEL GAVISH STUDIO LLC’S TOTAL LIABILITY FOR ALL DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO YAEL GAVISH STUDIO LLC FOR YOUR PURCHASE OF THE PRODUCTS OR USE OF THE SERVICE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Yael Gavish Studio LLC, its affiliates, licensors and service providers, and its and their respective officers, members, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, any use of the Service's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.

Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

To begin the dispute resolution process, notify us of your claim by sending an email to studio@yaelgavishstudio.com. If the claim is not resolved within 30 days of your notice, you or Company may begin formal dispute resolution in accordance with the next paragraph.

If you and Company are unable to resolve the dispute informally in 30 days after working in good faith to do so, you must refer any disputes arising from these Terms of Service or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your payment made to Company to date.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, AND ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

Survival

The provisions of these Terms of Service which by their terms call for performance subsequent to termination of the terms hereunder, shall so survive such termination, whether or not such provisions expressly state that they shall so survive.

Headings

Paragraph headings used in the Terms of Service are for reference only and shall not be used or relied upon in the interpretation of these Terms of Service.

Waiver and Severability

No waiver by Yael Gavish Studio LLC of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Yael Gavish Studio LLC to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Construction

Even though Company drafted these Terms of Service, you represent and warrant that you had sufficient time to review the terms with counsel of your choosing. If there is an ambiguity or a question of intent or interpretation arises, these Terms of Service shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any provisions of these Terms of Service.

Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Yael Gavish Studio LLC with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service.

Your Comments and Concerns

This Website and the Service are operated by Yael Gavish Studio LLC in New York.

Please direct all questions, requests for technical support, and other communications relating to the Service to us at studio@yaelgavishstudio.com.

Thank you for visiting the Website!