Privacy Policy | Emelie O'Hara

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

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).

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

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.