Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF
THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE
TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE. THESE TERMS
OF USE GOVERN YOUR USE OF THIS WEBSITE. THESE TERMS OF USE HAVE A
PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES.
Emelieohara.com is a company that provides multiple services for clients including, but not
limited to, selling health supplement, health coaching and health promotion. We emelieohara.com; “our” or “we”) provide you access and use of this website (the “Site”) subject to these Terms of Use (the “Terms”). By accessing or using the Site, you agree to abide by these
Terms, as they may be amended by Emelieohara.com from time to time in its sole discretion, and
that such agreement constitutes a binding contract between you and Emelieohara.com. In
addition, when visiting or using certain Site features, you may be subject to additional posted
agreements, guidelines, rules or terms of service. All such agreements, guidelines, rules or terms
of service, as they may be amended by Emelieohara.com from time to time in its sole discretion,
are hereby incorporated by reference into these Terms. It is your responsibility to review these
Terms periodically, and if at any time you find these Terms unacceptable or you do not have
authority to agree or accept these Terms, you may not use the Site.
LICENSE AND ACCESS TO SITE
Emelieohara.com grants you a limited noncommercial, nonexclusive, nontransferable license to
access and make personal use of the Site and not to download (other than page caching) or
modify it, or any portion of it, except with express written consent of Emelieohara.com.
REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY
In consideration of your use of the Site, you represent and agree that you: (i) are of legally
sufficient capacity to form a binding contract; (ii) are at least 18 years of age; and (iii) you will
comply with all applicable laws, statutes, ordinances and regulations regarding your use of the
Site. If you make a purchase on the Site, you agree to complete the checkout process by
providing true, accurate and complete information requested on the checkout page (“Checkout
Data”).
MERCHANDISE DESCRIPTIONS AND PRICING
Emelieohara.com strives for the Site to be as accurate as possible. However, Emelieohara.com
does not represent or warrant that merchandise descriptions or other content on the Site are
accurate, complete, reliable, current, or error-free. For example, merchandise included on this
Site may be unavailable, may have different attributes than those listed, or may actually carry a
different price than that stated on this Site. In addition, we may make changes in information
about price and availability without notice. While it is our practice to confirm orders by email,
the receipt of an email order confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell merchandise or services. We reserve the right, without prior
notice, to limit the order quantity on any merchandise or service and/or to refuse service to any
customer. We also may require verification of information (government-issued form of
identification or other) prior to the acceptance and/or shipment of any order. Despite our best
efforts, a small number of the items on our Site may be priced incorrectly. If an item’s correct
price is higher than our stated price, we will, at our discretion, either contact you for instructions
before shipping or cancel your order and notify you of such cancellation. Certain weights,
measures and similar descriptions are approximate and are provided for convenience purposes
only. It is your responsibility to ascertain and obey all applicable local, state, federal and
international laws in regard to the possession, use and sale of any item purchased from the Site.
By placing an order, you represent that the merchandise ordered will be used only in a lawful
manner. Emelieohara.com nor our clients REPRESENT, WARRANT, OR CERTIFY THE
ACCURACY OF ANY DIAMOND GRADING REPORT OR ANY OTHER THIRD PARTY
REPORTS.
PAYMENT TERMS; INTEREST; ORDERS
Terms of payment are within Emelieohara.com; sole discretion, and unless otherwise agreed to by Emelieohara.com in writing, payment must be received by Emelieohara.com prior to emelieohara.com acceptance of an order. Payment for merchandise orders will be accepted via credit/debit card (U.S. and Canada only). Your order is subject to cancellation at Emelieohara.com sole discretion. All amounts due are payable in U.S. dollars
You shall be responsible for any expenses and/or fees (including but not limited to attorney’s fees), incurred by Emelieohara.com in collecting past due amounts from you. Payment Terms:
- Accepted payment methods: PayPal and Venmo(using the “sending to friends and family” setting)
o Paypal: Emelie O’Hara
o Venmo: @EmelieOHara
- Payment must be made at least 48 hours in advance of each lesson.
- If a lesson is canceled with less than 24 hours’ notice, the full lesson fee will be charged.
SHIPPING; RISK OF LOSS; TITLE; TAXES; INTERNATIONAL SALES
Shipping and handling charges will be the responsibility of the buyer, and items are currently
only able to ship within the United States. Shipping dates are estimates only. Risk of loss and
title for all items purchased pass to you upon delivery by the carrier. No returns accepted. You
are responsible for any sales, use, GST, value-added, personal property or other tax or levy
imposed on all orders. Title to all intellectual property rights remain with the applicable
licensor(s).
PRIVACY POLICY
Emelieohara.com and our Clients are committed to maintaining the privacy and security of
information that you provide to us through the Site. Checkout Data and certain other information
about you are subject to our Privacy Policy. By using the Site you consent to the collection and
use of this information (as set forth in the Privacy Policy), including the transfer of this
information to or from the United States and/or other countries for storage, processing and use by
Emelieohara.com and its Clients or affiliates.
USE OF SOFTWARE
Emelieohara.com may make certain software available to you from the Site. If you use software
on or from the Site, the software, including all files and images contained in or generated by the
software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by
Emelieohara.com, or its licensors, for your limited, personal, nonexclusive, nontransferable use
only. Using the Software is at your sole risk.
USE RESTRICTIONS
Emelieohara.com imposes certain restrictions on your permissible use of the Site. You represent
and agree that you will not:
(i) use the Site in connection with any commercial endeavor, unless you have a prior written
agreement with Emelieohara.com signed by an officer of Emelieohara.com;
(ii) market or distribute access to the Site or any portion thereof;
(iii) assign; sublicense, sell, lease or otherwise transfer or convey your rights under these Terms;
(iv) violate or attempt to violate any security feature of the Site;
(v) access or attempt to access any content, data, programs or other emelieohara.com systems not
intended for you, or log onto a server or account that you are not expressly authorized to access;
(vi) attempt to probe, scan, or test the vulnerability of the Site or any associated system or
network, or to breach security or authentication measures without proper authorization;
(vii) damage, disable, overburden or impair the Site or interfere or attempt to interfere with
service to any user, host, or network, including, without limitation, by means of submitting a
virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(viii) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or
attempt to reduce to a human-perceivable form any of the source code used by Emelieohara.com
in providing the Site;
(ix) attempt to modify, copy, distribute, transmit, display, perform, reproduce, publish, rent,
lease, loan, license, or create derivative works based on the Site;
(x) frame in another web page, use on any other website, transfer or sell any information,
software, lists of users, databases, Emelieohara.com IP (as defined below) or other lists,
merchandise or services provided through or obtained from the Site, or engage in the practices of
“scraping”, “database scraping”; or any other activity with the purpose of obtaining lists of
users or other information from the Site;
(xi) use any meta tags or any other “hidden“ utilizing Emelieohara.com IP (as defined below)
without the express written consent of Emelieohara.com;
(xii) engage in, encourage others to engage in, or provide instructional information about,
conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate
any applicable local, state, national, or foreign law or any regulation having the force of law;
(xiii) harm minors in any way or solicit personal information from or about a minor;
(xiv) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
(xv) send email messages or use the Site in any manner which intentionally or unintentionally
violates any applicable local, state, national or international law or regulation (including without
limitation, policies and laws related to spamming, privacy, obscenity or defamation);
(xvi) send email messages or make posts that contain falsified or misleading routing information,
a return address that is either invalid or belongs to a third party and is used without permission, a
misleading subject line and/or body copy, or promote a fraudulent scheme; and
(xvii) upload, download, post, email, transmit or otherwise make available any materials that: (a)
are inappropriate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, offensive, sexually explicit, promote gambling, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not
have a right to make available under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); (c) contain software viruses or
any other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment; (d)
contain unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”
“chain letters”, “pyramid schemes,” or any other form of solicitation; or (e) infringes any patent,
trademark, service mark, trade secret, copyright or other proprietary rights of any party. You are
solely responsible for any violations of any relevant laws and for any infringements of third party
rights caused by any content you provide or transmit, or that is provided or transmitted using
your user identification. The burden of proving that any content does not violate any laws or
third party rights rests solely with you.
You further agree that you will not create links from any website or web page to the Site, except
that you are granted a limited, revocable, and nonexclusive right to create a hyperlink to a
specified (in writing) page of the Site (“Homepage”); provided that (i) the link does not portray
Emelieohara.com, or its merchandise or services in a false, misleading, derogatory, or otherwise
offensive matter; (ii) except as provided herein, you may not use any Emelieohara.com logo or
other proprietary graphic or trademark as part of the link without express written permission; and
(iii) the link to the Site page must be accompanied by a clear and prominent attribution at the
point of origin indicating that the link is connected to the Site. For example, prominently
positioning the Emelieohara.com trademark such that there is clear association between the
trademark and the destination of the link would be acceptable. You agree that you will not
juxtapose the Emelieohara.com mark and the link with your name or any other material(s) in a
manner which might create any confusion that there is any affiliation or association between
Emelieohara.com, and you or any other person or entity. If Emelieohara.com, for any reason in its
sole and absolute discretion, requests in writing that you remove any link or links to the Site, you
agree to promptly comply. You agree that if you create any link to the Site that you will not
employ any technology that results in the placement of content from the Site in a frame and/or a
reduced pop-up window and/or any other display mechanism which changes the Site content
from how it normally appears in a browser.
Emelieohara.com reserves the right to investigate suspected violations of these Terms; provided,
however, Emelieohara.com is under no obligation to do so. If Emelieohara.com becomes aware
of a possible violation, Emelieohara.com may initiate an investigation which may include
gathering information from you or companies involved and the complaining party. If emelieohara.com believes, in its sole discretion, that a violation of these Terms has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of your access to the Site and/or deleting any materials from Emelieohara.com system.
Emelieohara.com, in its sole discretion, will determine what action will be taken in response to a
violation on a case-by-case basis. Violations of these Terms could also subject you to criminal or
civil liability. Emelieohara.com reserves the right to release the contact information of users
involved in violations of system security to system administrators at other sites, in order to assist
them in resolving security incidents. Emelieohara.com intends to cooperate fully with any law
enforcement officials or agencies in the investigation of any violation of these Terms or of any
applicable laws.
If you breach these Terms and send unsolicited bulk email, instant messages or other unsolicited
communications of any kind through the Site, you acknowledge that you will have caused
substantial harm to Emelieohara.com or our clients, but that the amount of such harm would be
extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay emelieohara.com $50.00 for each such unsolicited email or other unsolicited communication you send through the Site.
USER SUBMISSIONS
Any comments, feedback, suggestions and ideas disclosed, submitted or offered to emelieohara.com in connection with your use of the Site (collectively “Submissions”) shall be owned exclusively by Emelieohara.com. You agree that Emelieohara.com shall: (i) not be under any
obligation of confidentiality, express or implied, with respect to the Submissions; (ii) be entitled
to use or disclose Submissions for any purpose, without restriction worldwide; and (iii) not owe
you any compensation or reimbursement of any kind under any circumstances for use or
disclosure of Submissions.
THIRD PARTY SERVICES AND SITES
The Site may provide links/pages for other websites or resources. Your business dealings with
any third party, third party website or third party content (collectively “Third Party”) found on or
through the Site, including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations, associated with such dealings, are solely
between you and such Third Party. Emelieohara.com makes no endorsement or guarantee about
the content, goods or services provided by such Third Party. Emelieohara.com shall not be
responsible for any loss or damage of any sort incurred as the result of: (i) any dealings or
transaction between you and any Third Party or as the result of the presence of such Third Party
on the Site; (ii) any insufficiency of or problems with any such Third Party’s background, insurance, credit or licensing; or (iii) the quality of services performed by any such third party or
any other legal liability arising out of or related to the performance of such services. In the event
that you have a dispute with any such third party, you release Emelieohara.com, its parent,
subsidiaries, affiliates, directors, officers, employees, clients, agents, partners and licensors, from
any and all claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in
any way connected with such disputes. Unless expressly provided otherwise, these Terms govern
your use of any and all third party content.
STORAGE AND ACCESS
Emelieohara.com shall have no responsibility or liability for the deletion or failure to store any
account, messages, postings, communications or other content maintained or transmitted by the
Site.
MODIFICATIONS
Emelieohara.com may, in its sole discretion and without prior notice, (i) revise these Terms; (ii)
modify the Site; and (iii) discontinue any of the Site, or any of its constituent parts, including,
without limitation, any merchandise featured on the Site, at any time. Emelieohara.com shall post
any revision to these Terms, and the revised Terms shall be effective immediately on such
posting. You agree to review these Terms and other online policies posted on the Site
periodically to be aware of any revisions. Your continued use of any of the Site shall constitute
your acceptance of the revised Terms. If you do not agree to any of such changes, you may
terminate these Terms and immediately cease all access and use of the Site. You agree that such
termination will be your exclusive remedy if you do not wish to abide by any changes to these
Terms.
TERMINATION
You acknowledge and agree that Emelieohara.com may at any time in its sole discretion
terminate your access to and use of the Site, or any part thereof, with or without notice. You
agree that upon termination Emelieohara.com may delete all files and information related to your
use, if any, and may bar your access to the Site, and that you will immediately destroy any emelieohara.com Software in your possession or control.
PROPRIETARY RIGHTS
The design of the Site and all text, graphics, images, information, content, and other material
displayed on or that can be downloaded from the Site are protected by copyright, trademark and
other laws and may not be used except as permitted in these Terms or with prior written
permission of the owner of such material. The software, technology components and contents of
the Site are copyright 2024 to present, Emelieohara.com or its licensors. All rights reserved.
You agree that as between the parties, Emelieohara.com is the exclusive owner of the Site,
Software and all constituent parts, including without limitation, all software code, all
photographs, videos and any other content on the Site, HTML scripts, the uniform resource
locators (URL’s) for the Site, the organization and layout of the Site, all Emelieohara.com
trademarks (including without limitation Emelieohara.com and the Emelieohara.com logo), trade
names, service marks, trade dress and logos, all enhancements and improvements thereto, and
derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other
intellectual property rights therein throughout the world (collectively the “Emelieohara.com IP”).
Any goodwill attached to, or generated by, such Emelieohara.com IP is owned exclusively by
Emelieohara.com, or its licensors, and shall inure solely to the benefit of Emelieohara.com, or its
licensors. Nothing contained herein or on the Site should be understood as granting you any right
or license to any of the Emelieohara.com IP, except as expressly granted herein. All rights not
expressly granted herein are reserved by Emelieohara.com, or its licensors. Emelieohara.com, or
its licensors, retains full and complete title to the Emelieohara.com IP. Except as expressly
allowed by governing law, you shall not: (i) use or copy the Emelieohara.com IP in any manner
not specifically set forth herein; (ii) include Emelieohara.com IP in your corporate name, within a
domain name or within any part of URL’s; (iii) obtain, use, register, or otherwise acquire any
trade names, trademarks, service marks, and/or trade dress that are confusingly similar to emelieohara.com IP; (iv) have any claim of ownership in the Emelieohara.com IP; or (v) sell,
redistribute, transfer, sublicense or reproduce the Emelieohara.com IP, nor may you decompile,
reverse-engineer, disassemble, or otherwise convert any of the Emelieohara.com IP to a human-
perceivable form. These Terms do not limit any rights that Emelieohara.com may have under
trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Site
contains proprietary information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that content contained in any sponsor advertisements
or information that may have been presented to you through the Site, may be protected by
copyrights, trademarks, service marks, patents or other proprietary rights and laws.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT emelieohara.com, ITS CLIENTS,
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO
THE SITE OR OTHER WEBSITE(S) YOU ACCESS THROUGH THE SITE, CONTENT
NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES
(EVEN IF emelieohara.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II)
ANY INFORMATION, MERCHANDISE AND SERVICES OBTAINED THROUGH THE
SITE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SITE; (III)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES
RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SITE; (IV) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SITE; (VI) MERCHANDISE DEFECT OR
FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, MERCHANDISE MISUSE,
ABUSE, MERCHANDISE MODIFICATION, IMPROPER MERCHANDISE SELECTION,
NON-COMPLIANCE WITH ANY REGULATIONS OR CODES, OR MISAPPROPRIATION;
(VII) PERSONAL INJURY RESULTING FROM YOUR ACCESS TO AND USE OF THE
SITE AND/OR MERCHANDISE; (VIII) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN; (IX) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE; (X) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SITE; (XI) AND/OR (XI) ANY OTHER MATTER RELATING TO THE SITE AND/OR
THE MERCHANDISE.
IN NO EVENT SHALL Emelieohara.com, ITS OFFICERS, EMPLOYEES, AGENTS, AND
LICENSORS, HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY. YOU SHALL
NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY
PAYMENT FROM Emelieohara.com, ITS OFFICERS, EMPLOYEES, AGENTS AND
LICENSORS, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION
OR TERMINATION OF THE AGREEMENT OR TERMINATION OF YOUR ACCESS TO
THE SITE, ALL OF WHICH YOU EXPRESSLY WAIVE. YOU ACKNOWLEDGE THAT
YOUR ACCEPTANCE OF THIS SECTION 17 HAS MATERIALLY INDUCED emelieohara.comTO ENTER INTO THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, emelieohara.com LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNITY
You agree to defend, indemnify and hold Emelieohara.com, its clients, subsidiaries, affiliates,
directors, officers, employees, agents, partners and licensors, harmless from and against any and
all claims, demands, losses, liability, costs and expenses (including but not limited to attorneys’
fees) arising from your use of the Site, your connection to the Site, your violation of the terms of
these Terms, or your violation of any third party’s rights, including but not limited to
infringement of any intellectual property right, violation of any proprietary right and invasion of
any privacy rights. This obligation will survive the termination of these Terms.
GENERAL INFORMATION
Entire Agreement
These Terms and any documents referenced herein constitute the entire agreement between you
and Emelieohara.com and govern your use of the Site (including, without limitation, all
purchases made through the Site), superseding any prior agreements between you and emelieohara.com (including, but not limited to, any prior versions of these Terms) with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Emelieohara.com services or merchandise, third-party content or third-party software. In the event any term contained in these Terms conflicts with any other term
contained in any other agreement referenced in these Terms, the terms of this agreement shall
control. Except as otherwise provided in these Terms, these Terms may only be modified in a
writing signed by an authorized officer of Emelieohara.com.
Consent to Email Communications
You consent to receive communications from Emelieohara.com or Third parties you interact with
through the Site electronically and agree that we may communicate with you by email or by
posting notices on the Site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal requirement that such
communications be in writing.
Assignment; Waiver
You may not assign these Terms or any rights granted herein. Emelieohara.com may assign or
transfer these Terms or its rights or obligations hereunder without notice and without your prior
approval. These Terms are for the sole benefit of the parties hereto and do not create any third-
party beneficiaries, whether intended or incidental. These Terms will inure to the benefit of emelieohara.com and its successors and assigns. The failure of Emelieohara.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver, express or implied, by either party of any breach of or default under these Terms will
constitute a continuing waiver of such breach or default or be deemed to be a waiver of any
preceding or subsequent breach or default.
Governing Law
THE VALIDITY, CONSTRUCTION, INTERPRETATION, AND PERFORMANCE OF THIS
AGREEMENT WILL BE EXCLUSIVELY GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE DOMESTIC LAWS OF THE STATE OF COLORADO,
EXCEPT AS TO ITS PRINCIPALS OF CONFLICTS OF LAWS, AND WITHOUT REGARD
TO THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF
GOODS.
Injunctive Relief
You hereby acknowledge that a breach of these Terms may cause irreparable harm and
significant injury to Emelieohara.com that may be difficult to ascertain, and that a remedy at law
may be inadequate. Accordingly, you agree that Emelieohara.com shall be entitled, without
waiving any additional rights or remedies otherwise available to Emelieohara.com at law or in
equity and without the necessity of posting bond, to seek injunctive and other equitable relief in
the event of a breach or intended or threatened breach by you.
Arbitration
Except in the case of legal action brought by Emelieohara.com’ to obtain injunctive or other
equitable relief of whatsoever kind, all of which may be brought in any court or other tribunal of
competent jurisdiction, ANY CONTROVERSY, CLAIM, DISPUTE OR OTHER LEGAL
PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THEIR
SUBJECT MATTER SHALL BE SUBMITTED TO THE OFFICE OF THE AMERICAN
ARBITRATION ASSOCIATION LOCATED IN, OR CLOSEST TO, BERNALILLO
COUNTY, COLORADO, AND WILL BE SETTLED BY ARBITRATION TO OCCUR IN
BERNALILLO COUNTY, COLORADO, SAID ARBITRATION TO BE ADMINISTERED
BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS
COMMERCIAL ARBITRATION RULES, IN EFFECT AT THE TIME OF THE
ARBITRATION, THE LAWS OF THE STATE OF COLORADO GOVERNING SUCH
ARBITRATIONS, AND IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
SUCH ARBITRATION MUST BE FILED WITHIN TWELVE (12) MONTHS OF THE FIRST
ACCRUAL OF THE CAUSE OF ACTION, AND THE PARTIES AGREE THAT THE
STATUTE OF LIMITATIONS FOR ANY CAUSE OF ACTION BROUGHT PURSUANT TO,
IN CONNECTION WITH, OR RELATING TO A DISPUTE WILL BE TWELVE (12)
MONTHS FROM THE FIRST ACCRUAL OF THE CAUSE OF ACTION,
NOTWITHSTANDING ANY STATUTE TO THE CONTRARY.
The arbitration will be heard and decided no later than seven (7) months after the notice of
arbitration is filed with the American Arbitration Association. The arbitrator will hear and
determine any preliminary issue of law asserted by a party to be dispositive of any claim, in
whole or in part, in the manner of a court hearing a motion to dismiss for failure to state a claim
or for summary judgment, pursuant to such terms and procedures as the arbitrator deems
appropriate. No witness or party may be required to waive any privilege recognized under Colorado law. The hearing will not last longer than four (4) days unless all parties agree otherwise,
with time to be divided equally between you and Emelieohara.com’. The arbitrator will be an
attorney, licensed to practice law in the State of Colorado for no less than five (5) years
experience as an arbitrator. The parties and the arbitrator will treat all aspects of the arbitration
proceedings, including, without limitation, discovery, testimony and other evidence, briefs, and
the award, as strictly confidential and not subject to disclosure to any third party or entity, other
than to the parties, the arbitrator, and the American Arbitration Association. The arbitrator must
give full effect to the applicable law and to all terms of this Agreement, and are specifically
divested of any power to add to, subtract from, modify or alter any of the terms or conditions of
this Agreement, or to render decisions in derogation thereof. The arbitrator will have no authority
to award punitive or other damages not measured by the prevailing party’s actual direct damages,
except as may be required by statute. THE PARTIES UNDERSTAND THAT THEY ARE
WAIVING THEIR RIGHTS TO A JURY TRIAL. The arbitrator will issue written findings of
fact and conclusions of law, the decisions of the arbitrator will be binding and conclusive upon
all parties involved, and judgment upon any decision of the arbitrator may be entered in any
federal or state courts with jurisdiction.
Attorney Fees
In any litigation, arbitration or other proceeding by which one party either seeks to enforce its
rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any
rights or obligations under this Agreement, in addition to any other relief to which the prevailing
party may be entitled, the prevailing party will be entitled to recover its reasonable attorney fees,
costs and expenses to resolve the dispute and to enforce the final judgment.
Legal Compliance
You agree to comply with all local laws and rules regarding online conduct and acceptable
content. Use of the Site is not authorized in any jurisdiction that does not give effect to all
provisions of these Terms. The Site is controlled and operated by Emelieohara.com’ from its
offices in the State of Colorado, in the United States of America. Emelieohara.com makes no
representation that any of the Site (including, without limitation, any merchandise or services
available on or through the Site) are available or appropriate for use outside of the United States
of America. If you access the Site from outside the United States of America, you do so on your
own initiative and must bear all responsibility for compliance with local laws, if applicable. Your
use of or access to the Site should not be construed as Emelieohara.com’ purposefully availing
itself of the benefits or privilege of doing business in any state or jurisdiction other than Colorado.
Severability
If any provision(s) of these Terms, including without limitation, the warranty disclaimers and
liability limitations set forth above, are found by a court of competent jurisdiction to be invalid
or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the original provision and the
remainder of these Terms shall continue in effect.
Section Titles; Survival
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Sections 8 through 19 of these Terms, as well as any payment obligations to emelieohara.com,
shall survive any termination of these Terms.
Legal Equivalency
These Terms and any other electronic documents, policies and guidelines incorporated herein
shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all
statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against
any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic
records established and maintained in the ordinary course of business. Any electronic documents
introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall,
if established and maintained in the ordinary course of business, be admissible to the same extent
as business records in written form that are similarly established and maintained.