EverGreen.com (the “Site” refers to the website or online store you are browsing, located at the applicable URL in your browser)

Throughout this Site, the terms “we”, “us”, “our”, and “EverGreen” refer to EverGreen and the operators of this Site. EverGreen offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms & Conditions (“Terms”, “Terms of Service”, or “Agreement”), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using any part of the Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all terms and conditions of this Agreement, then you may not access the Site or use any Services.

Any new features or tools which are added to the current Site shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you. We may also utilize third-party applications and technologies, and build our own applications and technologies, to deliver the Site and Services.

By using this Site and agreeing to these Terms, you represent that you are at least 21 years of age (or the age of majority and the minimum legal purchasing age for hemp products in your jurisdiction, whichever is higher).

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to federal, state, and local hemp, consumer protection, and intellectual property laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms may result in an immediate termination of your access to the Service.

EverGreen sells hemp-derived products intended to comply with applicable U.S. federal law, including the 2018 U.S. Farm Bill, and applicable state and local laws where permitted. Where required, products are intended to contain no more than 0.3% delta-9 THC on a dry weight basis.

Products sold on this Site are intended for adult use only.

Nothing on this Site is medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease. Statements on this Site have not been evaluated by the U.S. Food and Drug Administration (FDA).

You are solely responsible for understanding and complying with the laws and regulations applicable to your location. We do not represent or warrant that the purchase, possession, use, or shipment of any product is legal in every jurisdiction.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, without express written permission by us.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

This Site may contain historical information. Historical information is not current and is provided for your reference only.

We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our Site.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Certain products may be available exclusively online through the Site and may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your device’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction, and may exercise this right on a case-by-case basis. We reserve the right to limit quantities of any products we offer.

All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

Any offer for any product or service made on this Site is void where prohibited.

Shipping and delivery times are estimates only and cannot be guaranteed.

We reserve the right to change delivery services or carriers.

Risk of loss and title for products pass to you upon our delivery of the products to the carrier, except where prohibited by law.

We are not responsible for delays, seizures, or failed deliveries due to local restrictions, inaccurate address information, or carrier issues.

Returns, refunds, and exchanges are governed by our Refund/Return Policy and any other policies linked in the footer of this Site.

Certain products may be “Final Sale” and not eligible for return or refund except as required by law or if defective, as described in the applicable policy.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or appear to be fraudulent.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store and to promptly update your information so that we can complete your transactions and contact you as needed.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without any endorsement.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for third-party materials or websites.

Please review carefully the third-party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

If you send us suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.

We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and will not contain unlawful, abusive, obscene, or malicious material, or contain any malware.

You are solely responsible for any comments you make and their accuracy.

Your submission of personal information through the store is governed by our Privacy Policy. Please ensure you read and fully understand our Privacy Policy and all other applicable Policies linked in the footer of this Site.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, inventory, shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content for any unlawful purpose, to violate any laws or regulations, to infringe our intellectual property rights or the intellectual property rights of others, to harass or discriminate, to submit false or misleading information, to upload or transmit viruses or malicious code, to collect or track the personal information of others, to spam, phish, crawl, scrape, or interfere with security features.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

The Service and all products delivered to you are provided “as is” and “as available” without any representation, warranties, or conditions of any kind, either express or implied.

To the maximum extent permitted by law, in no case shall EverGreen, our directors, officers, employees, affiliates, agents, contractors, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Service or any products procured using the Service.

Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such cases, liability will be limited to the maximum extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless EverGreen and our affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).

These Terms and any policies posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State in which EverGreen is registered or principally operates, without regard to conflict of law rules, except where consumer protection laws require otherwise.

You can review the most current version of the Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms constitutes acceptance of those changes.