Terms and Conditions

Terms and Conditions


The website is owned and operated by Evergreen Health Solutions, LLC (“Evergreen”). All content, information and software provided on and through the website is owned by Evergreen. The website may be used solely under the following terms. Please read these terms and conditions carefully before using this site. By accessing or using this site, you agree to be bound by these terms and conditions. Your purchase or use any of Evergreen’s products constitutes your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must return the product for a refund within 30 days of the date of purchase of the product. THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

Limitations on Use of Site.

As a user of this website, you are granted a nonexclusive, non-transferable, revocable, limited license to access and use the site and its content in accordance with these Terms and Conditions. Evergreen may

terminate this license at any time for any reason.

The content of this website is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the website or the content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic or manual device or process to monitor or copy the website or the content. You may not print, download, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes any portion of the website except to the extent permitted above. You may not use or otherwise export or re-export the website or any portion thereof, the content or any software available on or through the website in violation of the applicable export control laws and regulations. Any unauthorized use of the website or the content is prohibited and can result in enforcement actions and other legal consequences.

Arbitration Agreement and Class Action Waiver

By using the site you are agreeing to enter into a binding arbitration agreement with Evergreen regarding any disputes that may arise as a result of your use. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. BY AGREEING TO ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. You and Evergreen agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between you and Evergreen, including disputes against any agent or affiliate of Evergreen, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of confidentiality obligations or intellectual property rights, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies. Further, the arbitration decision may be enforced and a judgment entered thereon in any court of competent jurisdiction.

If an arbitration proceeding is initiated, the arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. If AAA is unavailable, the parties shall mutually agree upon an acceptable arbitration forum. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org. or by calling AAA at (800) 788-7879.

There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Evergreen and may not preside over any kind of representative or class proceeding against Evergreen. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST EVERGREEN IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Governing Law.

These Terms and Conditions have been made in and shall be construed and enforced in accordance with the laws and requirements of the State of California.

Not Professional Advice.

The website and its contents do not constitute medical or any other type of professional advice. Please consult with your physician or other healthcare professional for medical advice. The accuracy, completeness, adequacy or currency of the website or the content is not warranted or guaranteed. You should always seek the advice of a qualified health provider before making any adjustment to any medication or treatment you are currently using, stopping the use of any medication or treatment or starting any new medication or treatment, whether or not the subject was covered the Information provided to you. The Information is intended to provide users with a general understanding of certain wellness and health care topics and is not specifically applicable to any individual’s medical problems, concerns and/ or needs. Your use of the content, the website, or materials linked from the website is at your own risk.

You may have the opportunity to participate in online forums or e-mail Evergreen with questions you may have regarding our products, dietary supplements or general health matters. Do not send us any medical, therapeutic or treatment questions. Evergreen, and the experts that are featured on our site, do not provide medical advice, and we urge you to contact your doctor if you feel you require medical advice or treatment.

Intellectual Property Rights

All content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Evergreen does not grant any express or implied rights to you under any patent, copyright, trademark, or trade secret information.

User Submissions

You agree that all information that you submit to this site will be accurate and complete. By submitting content, ideas or any other type of information to the website, such as in the form of a suggestion, testimonial, product use images or feedback about our site or our products, services, you agree that such information is not confidential and you automatically grant Evergreen a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adopt, publish, edit (for length or clarity), translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now know or later developed for the full term of any rights that my exist in such content. Of course, Evergreen’s re-use of any content submitted would not include any personal information provided. Evergreen reserves the right to remove any content submitted to the website at any time for any reason.

Third-Party Content.

Third-party content may appear on or be accessible from the website. Evergreen is not responsible for and assumes no liability for any third-party content. Additionally, this website may provide links or references to other web sites not affiliated with Evergreen; however, Evergreen is not responsible for the content of such other sites and shall not be liable for any damages or injury arising from users’ access to such sites. Links to other sites are provided only as a convenience to users of our website. Evergreen has used reasonable efforts to verify that the URLs referring to external web sites are correct as of the last revision of the Evergreen website.

Disclaimer.

Evergreen takes reasonable measures to monitor and update content on the website, but it does not represent or warrant that the website will at all times be error-free, free of viruses or other harmful components, or that defects will be corrected. Evergreen also does not warrant or represent that the content and any information available on or through the website will at all times be correct, accurate, timely, or otherwise reliable. Evergreen may make changes to the content or the website at any time.

The website and the content is provided on an “as-is” basis. Evergreen expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Evergreen disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to: (A) any errors in or omissions from this website and the content, including but not limited to technical inaccuracies and typographical errors; (B) any third-party websites or content therein directly or indirectly accessed through links in this website, including but not limited to any errors in or omissions therefrom; (C) the unavailability of the website or any portion thereof; (D) your use of this website; or (E) your use of any equipment or software in connection with the website.

Limitation of Liability.

The use of this site and the information provided is at your own risk. This site and the content herein is provided without charge and on an “As Is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, EVERGREEN DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDN, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Evergreen and its directors, officers, employees, agents, and contributing health professionals, shall not be liable for any loss, injury, claim, liability, or damage of any kind, including any special, direct, indirect, incidental, or consequential damages (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use or inability to use the website or the content. To the extent the foregoing limitation of liability is prohibited, Evergreen’s sole obligation to you for damages shall be limited to $1,000 USD.

Unlawful Activity.

You may not use this site for any unlawful purpose or activity. Evergreen reserves the right to investigate complaints or reported violations of the Terms and Conditions and to take any action we deem appropriate.

Remedies for Violations.

Evergreen reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address to Evergreen’s websites and their features.

Site intended for use by adults.

This site is not intended for individuals under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18. By downloading, accessing, or using this site or in order to view our information and materials or submit information of any kind to this site, you represent to Evergreen that you are at least eighteen (18) years of age.

Waiver and Severability

Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Evergreen, of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

Entire Agreement and Modifications.

These Terms and Conditions incorporate by reference any notices contained on the website, out Return Policy and the Privacy Policy. These terms and conditions constitute the entire agreement between you and Evergreen with respect to access to, and use of, the website. Evergreen reserves the right to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will appear on this website and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions. Continued use of the website after any such changes constitutes your acceptance of such changes.

© Evergreen Health Solutions, LLC, June 2014. All rights reserved.