Terms of Service

Effective Date: 9.26.2025
Website: yonihavana.com (“Website”)
Owner/Operator: Yoni Havana (“we,” “us,” “our”)

READ CAREFULLY. THIS AGREEMENT CONTAINS DISCLAIMERS, LIMITATIONS OF LIABILITY, A BINDING ARBITRATION CLAUSE, AND A CLASS-ACTION WAIVER.

By accessing or using the Website, programs, events, retreats, products, memberships, digital downloads, or other services (collectively, “Services”), you agree to these Terms of Service (“Terms”). If you do not agree, do not use the Services.

1) Definitions

“User,” “you,” or “your” means any visitor or member. “Content” means all text, graphics, photographs, video, audio, data, code, and materials on or through the Services. “User Content” means content you submit or make available.

2) Privacy

Our Privacy Policy is incorporated by reference. By using the Services, you consent to our data practices described there.

3) Eligibility & Accounts

You must be 18+ to use the Services. You’re responsible for safeguarding login credentials and all activity under your account. Notify us promptly of unauthorized use.

4) License & Site Access

We grant you a limited, revocable, non-transferable, non-exclusive license to access and use the Services for personal, noncommercial use in accordance with these Terms. We retain all rights not expressly granted.

Prohibited: scraping, automated access, reverse engineering, framing, reproducing, reselling, or creating derivative works from the Services or Content.

5) Intellectual Property

All Content is owned or licensed by us and protected by law. No rights are granted to use our trademarks, trade dress, or logos without prior written permission. You may not remove copyright, trademark, or proprietary notices.

6) User Content & Testimonials

When you submit User Content (e.g., comments, feedback, testimonials, images), you grant us a worldwide, royalty-free, sublicensable license to host, store, reproduce, modify (e.g., formatting), publish, publicly perform/display, and distribute such content in connection with operating, marketing, and improving the Services. You represent you own or have rights to the User Content and it does not violate others’ rights or laws.

We may edit or remove User Content at our discretion. Public areas may be visible to others; do not post private information you don’t want public.

7) Acceptable Use

You agree not to:

  • Violate any law or third-party rights.

  • Post or transmit unlawful, defamatory, harassing, hateful, obscene, or harmful content; or medical/health claims you are not qualified to make.

  • Upload malware, attempt to gain unauthorized access, or disrupt the Services.

  • Collect personal information of others without consent.

  • Impersonate any person or misrepresent your affiliation.

  • Use the Services for spamming, multi-level marketing, or deceptive practices.

We may suspend or terminate access for violations.

8) Programs, Events, Retreats, Services & Digital Goods

Descriptions. We strive for accuracy but do not guarantee completeness, availability, or error-free descriptions.
Scheduling/Changes. We may change program dates, faculty, formats, or locations; if we materially change or cancel, we’ll outline available options consistent with the then-current policy.
Wellbeing & Safety. Participation is voluntary. You are responsible for determining suitability, obtaining any medical or professional advice, and following all instructions and laws.

9) Payments, Billing & Subscriptions

Payments. You represent payment information is accurate and authorized. You agree to pay all fees, taxes, and charges incurred. Third-party processors (e.g., Stripe/PayPal) process payments; we do not store full card numbers.

Subscriptions/Auto-Renew (if offered). Some Services may auto-renew until canceled. We’ll disclose renewal terms and how to cancel at sign-up and/or in your account or receipts. You can cancel future renewals at any time per the posted method; cancellation does not refund prior charges unless required by law or our written policy states otherwise.

Price Changes. We may change prices prospectively with notice where required.

10) Refunds & Cancellations

Unless a specific offer page or invoiced agreement states otherwise, all sales are final once a container, intensive, retreat, or digital product begins or is delivered, and deposits are non-refundable. For Services with separate written terms (e.g., private intensives, group programs), those terms control in case of conflict.

If we cancel an event/retreat in full (and no alternative is offered), we may issue a credit or refund per the posted policy at the time of purchase. Transaction fees, travel, lodging, or incidental expenses are not refundable.

11) Health, Wellness & Professional Disclaimers (No Medical/Legal Advice)

Content and Services are for educational and informational purposes only and are not medical, psychological, legal, financial, or other professional advice. We do not diagnose, treat, or cure conditions. Always consult a qualified professional regarding your situation. Your use is at your own risk. Individual results vary; no outcomes are guaranteed. Testimonials reflect individual experiences and are not typical or predictive.

12) Third-Party Services & Links

We may link to or integrate third-party sites, tools, or services (e.g., hosts, payment processors, email platforms, analytics, social media). We are not responsible for their content, availability, or practices. Your use of third-party services is governed by their terms and privacy policies.

13) DMCA / Copyright Complaints

If you believe content infringes your copyright, send a notice to info@yonihavana.com with:

  1. your physical/electronic signature;

  2. identification of the copyrighted work;

  3. identification of the infringing material and its location;

  4. contact information;

  5. a statement of good-faith belief; and

  6. a statement under penalty of perjury that the information is accurate and you’re authorized to act.
    We may remove content and, where appropriate, terminate repeat infringers.

14) Electronic Communications & E-Sign Consent

You consent to receive communications electronically (email, site notices). You agree electronic disclosures satisfy legal requirements for written communications.

15) Warranty Disclaimer

THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

16) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE AT ISSUE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations; some limits may not apply to you.

Nothing herein limits liability that cannot be limited under applicable law.

17) Indemnification

You agree to indemnify and hold harmless us and our officers, directors, employees, contractors, agents, successors, and assigns from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms or applicable law; or (d) your infringement or misappropriation of any rights of a third party.

18) Suspension & Termination

We may suspend or terminate access to the Services (in whole or part) at any time, with or without cause or notice, including for suspected violations, fraud, security risks, or operational needs. Upon termination, your license ends and you must cease use and destroy copies of Content obtained through the Services. Sections that by their nature should survive (e.g., IP ownership, disclaimers, limitations, arbitration, indemnity) survive termination.

19) Changes to the Services or Terms

We may modify the Services and these Terms at any time. We’ll post updated Terms with a new Effective Date and, where required, provide additional notice. Your continued use after changes means you accept the updated Terms. If you disagree, stop using the Services.

20) Governing Law; Arbitration; Class-Action Waiver

Governing Law. Georgia law (without regard to conflicts rules) governs these Terms and your use of the Services.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding, individual arbitration administered by JAMS (or AAA if JAMS is unavailable) under its applicable rules. The arbitrator may award any relief available in court (subject to these Terms). Judgment on the award may be entered in any court with jurisdiction.

Venue & Procedure. Unless you and we agree otherwise, arbitration will occur by video/teleconference or in Fulton County, Georgia. Each party bears its own attorneys’ fees and costs, subject to the arbitrator’s authority to award fees/costs where permitted by law or contract.

Class-Action Waiver. Disputes will be resolved only on an individual basis; class, consolidated, collective, or representative actions are not permitted. You and we waive the right to a jury trial.

Small-Claims Carve-Out. Either party may bring an individual action in small-claims court with jurisdiction.

Injunctive Relief. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect IP or confidential information pending arbitration.

21) Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, supply chain disruptions, utility failures, pandemics/epidemics, or governmental actions.

22) Severability; Waiver; Assignment

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions remain in effect. No waiver of any breach is a waiver of any other breach. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a reorganization, merger, or sale of assets.

23) Entire Agreement

These Terms (plus incorporated policies, order forms, or written agreements specific to your purchase) are the entire agreement between you and us regarding the Services and supersede prior or contemporaneous communications.

24) Contact

Questions about these Terms?
Email: info@yonihavana.com