Agreement between User and Emilah.com
Terms and Conditions
Agreement between User and Emilah.com
Welcome to Emilah.com. The Emilah.com website (the “Site”) is comprised of various web
pages operated by Dragonfly Coaching and Consulting, LLC (“Emilah Dawn DeToro”).
Emilah.com is offered to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein (the “Terms”). Your use of Emilah.com constitutes your
agreement to all such Terms. Please read these terms carefully and keep a copy of them for your
Emilah.com is an E-Commerce Site.
The purpose of Dragonfly Coaching and Consulting, LLC and Emilah.com is to provide
intuitive, life and leadership coaching, training, organizational consulting, intuitive readings, and
Energy Body Alignment.
Your use of Emilah.com is subject to Emilah Dawn DeToro’s US Privacy Statement/Policy. Please review our
US Privacy Statement/Policy and/or privacy statements/policies for other countries as well as other policies, found in the footer of the website, which also govern the Site and inform users of our data collection practices.
Visiting Emilah.com or sending emails to Emilah Dawn DeToro constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Emilah Dawn DeToro does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use Emilah.com only with
permission of a parent or guardian.
No refunds are given for pre-paid packages or sessions.
24-hours’ notice is required to reschedule a session. If 24-hours’ notice is given, you may reschedule. If 24-hours’ notice is not given, you forfeit the cost of the session. If pre-paid, your funds will not be refunded. If not yet paid, payment for the missed session will be due within one week. If you have a credit card on file, it will be automatically charged.
Exceptions to this policy due to emergencies may be submitted via email to email@example.com. Please describe the emergency that required less than 24 hours’ notice and your request. Emilah Dawn DeToro makes the final decision on whether or not the situation requiring less than 24-hours’ notice was an emergency and if alternate arrangements will be made.
Links to Third Party Sites/Third Party Services
Emilah.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under
the control of Emilah Dawn DeToro and Emilah Dawn DeToro is not responsible for the
contents of any Linked Site, including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. Emilah Dawn DeToro is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement by Emilah
Dawn DeToro of the site or any association with its operators.
Certain services made available via Emilah.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the Emilah.com
domain, you hereby acknowledge and consent that Emilah Dawn DeToro may share such
information and data with any third party with whom Emilah Dawn DeToro has a contractual
relationship to provide the requested product, service or functionality on behalf of Emilah.com
users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
you warrant to Emilah Dawn DeToro that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Emilah Dawn DeToro
or its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Emilah Dawn DeToro content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Emilah Dawn DeToro and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of Emilah Dawn DeToro or our licensors except as expressly
authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively,
“Communication Services”). You agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular Communication
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information; upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you own or control the
rights thereto or have received all necessary consents; upload files that contain viruses, corrupted
files, or any other similar software or programs that may damage the operation of another’s
computer; advertise or offer to sell or buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages; conduct or forward surveys,
contests, pyramid schemes or chain letters; download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot be legally distributed
in such manner; falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material contained
in a file that is uploaded; restrict or inhibit any other user from using and enjoying the
Communication Services; violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent; violate any applicable laws or
Emilah Dawn DeToro has no obligation to monitor the Communication Services. However,
Emilah Dawn DeToro reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. Emilah Dawn DeToro reserves the right to
terminate your access to any or all of the Communication Services at any time without notice for
any reason whatsoever.
Emilah Dawn DeToro reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in Emilah Dawn DeToro’s
Always use caution when giving out any personally identifying information about yourself or
your children in any Communication Service. Emilah Dawn DeToro does not control or endorse
the content, messages or information found in any Communication Service and, therefore,
Emilah Dawn DeToro specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Emilah Dawn DeToro spokespersons, and their views do
not necessarily reflect those of Emilah Dawn DeToro.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to Emilah.com or Posted on Any Emilah Dawn DeToro Web Page
Emilah Dawn DeToro does not claim ownership of the materials you provide to Emilah.com
(including feedback and suggestions) or post, upload, input or submit to any Emilah Dawn
DeToro Site or our associated services (collectively “Submissions”). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting Emilah Dawn
DeToro, our affiliated companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Emilah Dawn DeToro is under no obligation to post or use any Submission you may provide and
may remove any Submission at any time in Emilah Dawn DeToro’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in
this section including, without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Emilah Dawn DeToro account to third party accounts. By
connecting your Emilah Dawn DeToro account to your third party account, you acknowledge
and agree that you are consenting to the continuous release of information about you to others (in
accordance with your privacy settings on those third party sites). If you do not want information
about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Emilah Dawn DeToro from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Emilah Dawn DeToro
Content accessed through Emilah.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Emilah Dawn DeToro, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. Emilah Dawn DeToro reserves the right, at its own cost, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event
you will fully cooperate with Emilah Dawn DeToro in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrator’s award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs
and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Emilah Dawn DeToro agree otherwise, the arbitrator may
not consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. DRAGONFLY COACHING AND CONSULTING, LLC AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
DRAGONFLY COACHING AND CONSULTING, LLC AND/OR ITS SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
DRAGONFLY COACHING AND CONSULTING, LLC AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL DRAGONFLY COACHING AND CONSULTING, LLC AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF DRAGONFLY COACHING AND CONSULTING, LLC OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Emilah Dawn DeToro reserves the right, in its sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of New Mexico and
you hereby consent to the exclusive jurisdiction and venue of courts in New Mexico in all
disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms, including, without
limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Emilah Dawn DeToro as a result of this agreement or use of the Site. Emilah Dawn
DeToro’s performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Emilah Dawn DeToro’s right to comply
with governmental, court and law enforcement requests or requirements relating to your use of
the Site or information provided to or gathered by Emilah Dawn DeToro with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability limitations set
forth above, 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 the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and Emilah Dawn DeToro with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and Emilah Dawn DeToro with respect to the Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in
printed form. It is the express wish to the parties that this agreement and all related documents be
written in English.
Changes to Terms
Emilah Dawn DeToro reserves the right, in its sole discretion, to change the Terms under which
Emilah.com is offered. The most current version of the Terms will supersede all previous
versions. Emilah Dawn DeToro encourages you to periodically review the Terms to stay
informed of our updates.
Emilah Dawn DeToro welcomes your questions or comments regarding the Terms:
Dragonfly Coaching and Consulting, LLC
4358 Laughing Crow Ln
Santa Fe, New Mexico 87507
Effective as of November 01, 2020