Last Updated: 01/15/2026
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
By accessing or utilizing any Evergreens website or digital platform linked to this Agreement (“Site”), by downloading, installing, or using any Evergreens mobile application linked to this Agreement (“Application”), or by accessing or utilizing any content, information, services, features, or resources available or enabled via the Site or Application (collectively, the “Services”), or by clicking on a button or taking any other action to signify your acceptance of this Agreement, or by completing our account registration process, you hereby:
Agree to abide by this Agreement and any future amendments or additions to this Agreement as periodically published through the Site and Application; and
Represent that you have the authority to personally enter into this Agreement and, if applicable, to enter into this Agreement on behalf of any company, organization, or other legal entity that you may represent in your use of the Services, and to bind that entity to this Agreement.
References to “you,” “User,” and “Users” in this Agreement encompass all individuals and entities, including but not limited to companies, organizations, or other legal entities, accessing or using the Services, whether directly or through their respective employees, agents, or representatives. If you do not agree to be bound by this Agreement, you are not authorized to access or use the Services.
Evergreens reserves the right to amend this Agreement or its policies pertaining to the Services at any time, effective upon the posting of an updated version of this Agreement. You should regularly review this Agreement. Your continued use of the Services after any such modifications signifies your acceptance of the changes.
To access certain features of the Evergreens website and App, you may need to register for an account (“Account”). When creating an Account for the Services, you agree to provide accurate, current, and complete information as requested in the registration form (“Registration Data”), and to promptly update this information as needed to ensure its accuracy. By registering, you consent to Evergreens’ use of this Registration Data in accordance with our Privacy Policy, available at www.evergreens.com/privacy-policy/
You confirm that you are not prohibited from using the Services under any applicable laws and acknowledge that you are responsible for all activities occurring under your Account. You agree to monitor your Account to prevent unauthorized use by minors or others, and you agree not to share your Account or password with anyone else. Promptly notify Evergreens of any unauthorized use of your password or any breach of your Account’s security, and log out of your Account after each session.
You agree not to create an Account using false information or if you have previously been banned from using any of the Services. Additionally, you agree not to maintain more than one Account at a time. Evergreens reserves the right to remove or reclaim any usernames at any time and for any reason.
You acknowledge that you have no ownership or property interest in your Account, and that all rights associated with your Account are owned by Evergreens.
YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES THROUGH YOUR ACCOUNT, REGARDLESS OF WHETHER SUCH ACCESS OR USE IS AUTHORIZED BY YOU. THIS INCLUDES ALL COMMUNICATIONS, TRANSMISSIONS, AND OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Prices may change without prior notice. While we aim to process all valid orders, Evergreens retains the right to decline any order for various reasons, including but not limited to the following: (1) Identification of an error in pricing or other information related to the ordered food, beverage, or merchandise (“Product”), or receipt of insufficient or inaccurate billing, payment, and/or delivery details. (2) Suspicions regarding the placement of an order using stolen payment card information or any other indication of fraudulent activity. (3) Unavailability of the ordered Product due to discontinuation or other reasons.
Additionally, we reserve the right to reject any order associated with a prior payment dispute. If a Product is discontinued or becomes unavailable, Evergreens may cancel your order and issue a refund for the corresponding amount paid.
3a | Payments
You are responsible for paying all orders placed from your Account according to the prices and billing terms effective at the time of ordering. You also agree to pay all applicable taxes. To place an order through the Services using your Account, you must furnish valid payment details (such as credit card, debit card, or Evergreens gift card) through the Site or App.
Payments may be processed using the Chowly platform (https://chowly.com/), the OLO platform (https://www.olo.com/), or the Toast platform (https://pos.toasttab.com/), depending on the purchase method. By placing an order through the Services, you consent to:
abiding by Chowly’s terms of service (https://chowly.com/terms-and-conditions/);
adhering to OLO’s terms of service (https://www.olo.com/terms-of-use);
accepting Toast’s terms of service (https://pos.toasttab.com/terms-of-service);
immediate charging of your provided payment method(s) for all relevant fees and taxes;
the sharing of payment information and instructions necessary for completing payment transactions between Evergreens, Paytronix, Olo, Toast, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, etc.); and
no requirement for additional notice or consent for the above authorizations.
3b | Refunds
Unless explicitly approved by Evergreens at its sole discretion, all fees paid are non-refundable.
Conditions:
To initiate a refund request, contact customer service via feedback@evergreens.com or through our customer feedback survey hosted on evergreens.com/feedback.
When requesting a refund, specify the product causing dissatisfaction and provide details including order number (if available), order date, location, name, contact information, and reason for the refund request.
If accepted, the refund will be credited to your original form of payment. If it’s not feasible to credit the original payment method, we may request alternate payment details or issue the refund through your Account or another method.
You agree to promptly update your Account if your payment information changes. Evergreens may change pricing and billing methods at any time. For details on payment processing and privacy practices, see:
Paytronix terms (https://www.paytronix.com/terms-and-conditions/) and privacy policy (https://www.paytronix.com/privacy-policy/).
OLO terms (https://www.olo.com/terms-of-use) and privacy notice (https://www.olo.com/privacy-notice)
Toast terms (https://pos.toasttab.com/terms-of-service) and privacy statement (https://pos.toasttab.com/privacy)
Evergreens provides reward and loyalty programs (each, a “Reward Program”) where you may enjoy benefits linked to actions taken with Evergreens. By opting into a Reward Program, you agree to be bound by this “Reward and Loyalty Programs” section, any terms applicable to the specific Reward Program, and applicable terms made available by Paytronix (https://www.paytronix.com/privacy-policy/).
By participating in or opting into a Reward Program, you acknowledge and agree to the terms of this Agreement. This Agreement constitutes a legally binding agreement between you and Evergreens, comprising this section and all other terms contained in this Agreement.
4a | Rewards
Using Rewards:
Any Reward issued by Evergreens must be used for a subsequent transaction with Evergreens before the expiration date indicated for that Reward. Rewards are valid only for qualifying pickup, Evergreens’ native delivery, and orders made through the App or order.evergreens.com, or for in-store purchases processed via an account lookup at checkout, as detailed in the Reward terms. Rewards cannot be redeemed for orders placed through third-party platforms (including DoorDash, GrubHub, Uber Eats, or Postmates) or for catering orders.
Each Reward is single-use and must be redeemed by the Member associated with the email address linked to the Account that received the Reward. Rewards cannot be applied toward taxes, tips, subscription fees, membership fees, merchandise, gift cards, or other fees, including bag fees, service fees, and delivery fees.
Rewards are promotional, non-transferable, non-refundable, and have no cash value. They cannot be exchanged for cash or any cash equivalent, except as required by law.
Birthday Reward:
If you voluntarily provide your birth month and day during registration for a digital account via the App or order.evergreens.com, you may receive a Birthday Gift Reward around your birthday (typically a complimentary entrée discount). The Birthday Reward expires one week after issuance. It is redeemable only once per eligible user and must be used within the Evergreens Account associated with the email address through which you received the Reward.
Birthday Rewards may be used only for qualifying pickup, Evergreens’ native delivery, App or order.evergreens.com orders, or in-store purchases made using an account lookup at checkout. Birthday Rewards are not applicable for catering orders or third-party platform orders (including DoorDash, GrubHub, Uber Eats, or Postmates).
Birthday Rewards are promotional, non-transferable, non-refundable, subject to change, have no cash value, and cannot be exchanged for cash except as required by law. Failure to provide your birth month and day during registration may make you ineligible for the Birthday Reward.
Additional Reward Terms:
The value of a Reward upon redemption will not exceed the total purchase price of the order to which it is applied. Any unused portion of a Reward is forfeited and will not carry over. Rewards are fully expended upon use.
Rewards are tracked and allocated automatically by Evergreens or its service providers. Our determinations and records are final and binding. Eligibility may be subject to verification, and Rewards that cannot be verified may be adjusted, canceled, or disqualified at our discretion.
Evergreens is not liable for inaccuracies in crediting or awarding Rewards due to human error or technical issues (including App or website failures). We are not obligated to issue retroactive Rewards.
Rewards cannot be assigned, exchanged, sold, traded, bartered, purchased, gifted, or otherwise transferred; any such Rewards are void. The accrual of Rewards does not create vested rights, and Evergreens does not guarantee the availability of any reward.
All expiration times in this Agreement are based on Evergreens’ computer clock.
If you request deletion of your Evergreens Account, you will forfeit access to available Rewards upon processing of your request.
Evergreens may suspend or terminate a Member’s Account or invalidate erroneously awarded Rewards at our discretion, including for disorderly conduct, violations of law, or violations of this Agreement. If your Account is terminated, you forfeit accumulated Rewards and may not create a new Account without Evergreens’ written permission.
Rewards may be subject to additional terms disclosed with the Reward or incorporated into these Terms over time. Evergreens may modify or discontinue Rewards at any time.
4b | Eligibility & Suspension
Reward Programs are available only to legal residents of the fifty (50) United States (including D.C.) who are at least eighteen (18) years old at the time of participation, and are void where prohibited by law. Corporations and other entities are not eligible to participate. One Account per individual.
Evergreens may suspend, modify, or terminate eligibility for any person using a Reward Program inconsistently with this Agreement or applicable law, which may include forfeiture of benefits.
4c | Termination of Rewards Program
Reward Programs continue until Evergreens ends the specific program, which may occur at any time with or without notice. Upon discontinuation, you may forfeit unredeemed benefits. Evergreens may also change Reward Programs at any time; continued participation indicates acceptance of changes.
4d | Disputes & Disclaimer
Questions or disputes related to Reward Programs will be resolved pursuant to the dispute resolution provisions in this Agreement. Reward Programs are offered “as-is” and “as-available.”
5a | Promo Codes
Evergreens may offer promotional codes (“Promo Codes”) subject to additional terms. Unless expressly stated otherwise, Promo Codes may be used once per individual. Only Promo Codes distributed through official Evergreens channels are valid. Promo Codes:
(i) must be used as intended and in compliance with law;
(ii) may not be copied, sold, or transferred unless permitted by Evergreens;
(iii) may be disabled at any time;
(iv) must be used per the specific terms for that Promo Code;
(v) are not redeemable for cash; and
(vi) may expire before use.
All Promo Codes expire 120 days after issuance unless otherwise stated.
5b | Special Terms
Certain promotions may be governed by additional terms (such as contest rules). If there is a conflict, the additional terms will control for that promotion.
6a | Purchases & Gifting
Evergreens sells physical and electronic gift cards. For electronic gift cards, you must provide the recipient’s email address and the gift card will be sent automatically. Evergreens is not responsible for non-delivery due to invalid email addresses, spam filters, or similar issues. Physical gift cards cannot be purchased online.
6b | Limitations
Gift cards do not expire and are not subject to inactivity or maintenance fees. Gift cards are valid for in-store and online Evergreens menu orders only and cannot be used on third-party platforms (including DoorDash, GrubHub, Uber Eats, or Postmates). Gift cards cannot be reloaded or resold and cannot be redeemed for cash except as required by law. Gift cards are not replaceable or refundable if lost or stolen.
Purchases over $10,000 in gift cards may not be made in a single day. For corporate gift cards, contact info@evergreens.com.
7a | Use of Services
Except for User Content (Section 8), Evergreens and its suppliers own all rights in the Services. Evergreens grants you a limited, non-transferable, non-exclusive, revocable license to use the Services for personal, non-commercial purposes only.
7b | Trademarks & Intellectual Property Rights
Evergreens names, logos, and marks are trademarks of Evergreens. You may not use them without permission. All content on the Sites (“Content”) is owned by Evergreens or its licensors and protected by law. You may download or print one copy of certain Content for personal, non-commercial use only, provided you keep all notices intact and comply with these Terms.
7c | Restrictions on Use of Services
You agree not to: sell, license, reproduce, scrape, reverse engineer, interfere with security, overload infrastructure, or misuse the Services, including by viruses or hacking attempts. Unauthorized use terminates the license granted under this Agreement.
8a | Responsible Party for Content
Users are responsible for content they submit (“User Content”). Evergreens may remove content that violates this Agreement.
8b | Ownership of Content
You retain ownership of Your Content. You represent you have rights necessary to grant the license in Section 8c.
8c | License to Your Content
You grant Evergreens a license to use Your Content as needed to operate and provide the Services. Public submissions may be visible and usable by others.
8d | Other Restrictions
You agree not to post content that infringes rights, is unlawful or abusive, is spam, includes unauthorized commercial activity, or impersonates others.
8e | Feedback
Any feedback you provide may be used by Evergreens without obligation, and you grant Evergreens a perpetual, irrevocable, worldwide license to use it.
9a | Third-Party Websites, Apps & Ads
Third-party links may be provided for convenience. Evergreens does not control or endorse them and is not responsible for them.
9b | App Stores
The Application may be obtained through third-party app stores. This Agreement is between you and Evergreens, not the app store.
You consent to indemnify and safeguard Evergreens, its parent company, subsidiaries, affiliated companies, officers, employees, contractors, agents, business partners, and licensors (collectively referred to as the “Evergreens Parties”) from any losses, expenses, liabilities, and costs (including reasonable legal fees) related to or arising from: (a) Your Content; (b) your improper use of the Services; (c) your breach of this Agreement; (d) your infringement of any rights of a third party, including any Users; or (e) your violation of any applicable laws, regulations, or rules. Evergreens retains the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a scenario, you will fully cooperate with Evergreens in asserting any available defenses. You acknowledge that the provisions in this Section will remain in effect following any termination of this Agreement or your access to the Services.
11.1 YOU CLEARLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR UTILIZATION OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. THE EVERGREENS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE EVERGREENS PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES ARE ACCURATE; (3) YOUR UTILIZATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (4) ANY ERRORS IN THE SERVICES WILL BE RECTIFIED.
11.2 SOME STATE LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS ARE APPLICABLE TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EVERGREENS PARTIES SHALL NOT BE HELD LIABLE FOR ANY LOSS OF PROFITS OR REVENUE, NOR FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES DAMAGES OR COSTS RESULTING FROM LOSS OF DATA, PRODUCTION, OR USAGE, BUSINESS INTERRUPTION, OR THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF WHETHER EVERGREENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL THE TOTAL AGGREGATE LIABILITY OF THE EVERGREENS PARTIES TO YOU EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO EVERGREENS BY YOU DURING THE TWELVE-MONTH PERIOD PRECEDING THE ACT, OMISSION, OR EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION ON LIABILITY DOES NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY. ADDITIONALLY, CERTAIN STATES’ LAWS MAY NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY, AND YOU MAY HAVE OTHER RIGHTS.
Evergreens and the Evergreens Parties bear no responsibility for the timeliness, deletion, mis-delivery, or failure to store any content, user communications, or personalization settings.
The limitations of damages outlined above are fundamental components of the agreement between Evergreens and you.
It is our policy to promptly address notices of alleged copyright infringement that adhere to the guidelines set forth in the United States Digital Millennium Copyright Act (“DMCA”). This section outlines the information required in such notices and the procedure we follow for the removal of allegedly infringing material. Upon receiving proper notification of claimed copyright infringement, our response may involve removing or disabling access to the material in question and/or suspending or terminating user accounts. If access is removed or disabled in response to such notices, we will make reasonable efforts to notify the provider of the material so that they may submit a counter notification in accordance with the DMCA. We aim to accommodate standard technical measures used by copyright owners to protect their works.
If you believe that any content on our site infringes upon your copyright, you may send a written notification to our designated copyright agent containing the following information: (1) A detailed description of the copyrighted work or intellectual property that you claim has been infringed.(2) The specific URL or location on our site where the alleged infringing material is located. (3)Your contact information, including name, address, telephone number, and email address.(4) An electronic or physical signature of the copyright owner or authorized representative. (5) A statement indicating that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. (6) A statement asserting the accuracy of the information provided and confirming your authorization to act on behalf of the copyright owner.
DMCA notices should be sent to:
Evergreens DMCA
1200 Westlake Ave N, STE 801
Seattle, WA 98109
At its sole discretion, Evergreens may alter or cease the Services, or may adjust, suspend, or conclude your access to the Services, for any reason, with or without prior notice to you and without incurring liability to you or any third party. Besides suspending or terminating your access to the Services, Evergreens reserves the right to pursue appropriate legal action, including but not limited to seeking civil, criminal, or injunctive remedies. Even following the termination of your right to use the Services, this Agreement will continue to be binding upon you, and any outstanding amounts owed to Evergreens for any purchases will remain payable.
Please carefully review the arbitration agreement outlined in this Section (“Arbitration Agreement”). It mandates arbitration for most disputes with Evergreens and restricts how you can seek recourse from us.
You agree that any dispute between you and us (or other Evergreens Parties) concerning the Services or this Agreement, or arising under the Telephone Consumer Protection Act of 1991, 47 U.S.C. section 227, or other state or federal laws or regulations governing calls or text messages, will be settled through binding arbitration, rather than in court. However, you may bring claims in small claims court if they meet the requirements, and equitable relief for infringement or misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) may be sought in court by either you or the Evergreens Parties. This Arbitration Agreement applies to all claims, without exception, regardless of whether they arose or were made before the Effective Date of this Agreement or any prior version of this Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To initiate arbitration proceedings, you must send a letter requesting arbitration and detailing your claim to Evergreens at 1200 Westlake Ave N, STE 210, Seattle, WA 98109, Attention: Support. The arbitration will be administered by JAMS, a well-established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, exclusive of attorneys’ fees and interest, will be subject to JAMS’ latest version of the Streamlined Arbitration Rules and procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s latest version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules can also be found at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is unavailable to conduct the arbitration, the parties will choose an alternative arbitral forum. If the arbitrator determines that you are unable to afford JAMS’s filing, administrative, hearing, and/or other fees and you are unable to obtain a waiver from JAMS, Evergreens will cover these costs for you.
You have the option to conduct the arbitration by telephone, based on written submissions, or in person in the U.S. county where you reside or at another mutually agreed-upon location. Any judgment on the arbitrator’s award may be entered in any court with competent jurisdiction.
Without restricting the breadth of Section 15a, the arbitrator shall possess exclusive authority to settle any dispute regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including but not limited to any assertion that all or part of this Arbitration Agreement is invalid or voidable. The arbitrator will determine the rights and obligations, if any, of you and the Evergreens Parties. The arbitration proceeding will not be combined with any other matters or consolidated with any other proceedings or parties. The arbitrator will be empowered to grant motions dispositive of all or part of any claim or dispute. Additionally, the arbitrator will have the authority to award monetary damages and provide any non-monetary remedy or relief available to an individual party under applicable law, the rules of the arbitral forum, and this Agreement (including the Arbitration Agreement). A written award and statement of decision delineating the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded, shall be issued by the arbitrator. The arbitrator will adhere to the relevant law. The arbitrator possesses the same authority as a judge in a court of law to grant relief on an individual basis. The arbitrator’s decision is conclusive and binding upon both you and us.
YOU AND the Evergreens PARTIES HEREBY RENOUNCE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO INITIATE LEGAL PROCEEDINGS IN COURT (EXCEPT FOR SMALL CLAIMS COURT AS ALLOWED HEREIN) AND HAVE A TRIAL BEFORE A JUDGE OR JURY. Instead, you and the Evergreens Parties opt for the resolution of all covered claims and disputes through arbitration under this Arbitration Agreement, except as outlined in Section 15a above. An arbitrator has the authority to grant, on an individual basis, the same damages and remedies as a court and must adhere to this Agreement as a court would. However, arbitration does not involve a judge or jury, and judicial review of an arbitration award is subject to extremely limited scrutiny.
ALL CLAIMS AND DISPUTES COVERED BY THIS ARBITRATION AGREEMENT MUST BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS OR COLLECTIVE ACTION. ONLY INDIVIDUAL REMEDIES ARE PERMITTED FOR CLAIMS INCLUDED IN THIS ARBITRATION AGREEMENT, AND DISPUTES INVOLVING ONE USER CANNOT BE COMBINED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR INDIVIDUAL. In the event that a determination is made stating that applicable law prohibits the enforcement of any of the limitations outlined in this Section 15e for a specific claim, then that particular claim, and only that claim, must be separated from the arbitration process and addressed in either the state or federal courts located in California as outlined in Section 16d. All remaining claims shall proceed to arbitration.
You have the option to decline the terms of this Arbitration Agreement by submitting a written notice of your decision to opt out to the following address: Evergreens, 1200 Westlake Ave N, STE 801, Seattle, WA 98109, Attn: Support, or via email to info@evergreens.com, within 30 days after initially becoming subject to this Arbitration Agreement. Your notice must include your name and address, along with a clear statement expressing your desire to opt out of this Arbitration Agreement. If you choose to opt out of this Arbitration Agreement, all other sections of this Agreement will remain in effect. Opting out of this Arbitration Agreement does not affect any other arbitration agreements you may currently have with us, or may enter into in the future with us or other Evergreens Parties.
Unless otherwise stated in Section 16e, if any portion or portions of this Arbitration Agreement are determined to be invalid or unenforceable under the law, those specific portions shall be deemed null and void, and shall be removed while the rest of the Arbitration Agreement remains fully enforceable.
This Arbitration Agreement shall remain valid even after the termination or conclusion of the Agreement or your association with Evergreens.
Regardless of any provision in this Agreement suggesting otherwise, we acknowledge that if Evergreens implements any substantial modification to this Arbitration Agreement in the future, you have the right to decline that modification within thirty (30) days of its implementation by sending a written notice to Evergreens at the following address: Evergreens, 1200 Westlake Ave N, STE 801, Seattle, WA 98109, Attn: Support
The interactions between you and Evergreens involve electronic methods, whether you access the Services or send emails to Evergreens, or whether Evergreens publishes notifications on the Services or communicates with you via email. For contractual reasons, you (1) agree to receive communications from Evergreens electronically; and (2) acknowledge that all terms and conditions, agreements, notifications, disclosures, and other communications pertaining to this Agreement that Evergreens delivers to you electronically meet any legal requirement as if they were presented in writing on a physical document. This provision does not affect your legal rights.
This Agreement, including your rights and responsibilities herein, cannot be assigned, subcontracted, delegated, or otherwise transferred by you without Evergreens’ prior written consent. Any attempt to do so in violation of this provision will be deemed null and void.
Evergreens shall not be held liable for any delay or failure to perform resulting from circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, actions by civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
To the extent allowed by this Agreement to commence legal proceedings, both you and Evergreens consent to litigate all claims and disputes arising from or relating to this Agreement or the Services exclusively in the state courts located in King County, Washington or federal courts located in the Western District of Washington.
This Agreement and any action related to it will be governed and interpreted by and under the laws of the State of WASHINGTON, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Where Evergreens requires that you provide an email address, you are responsible for providing Evergreens with your most current email address. In the event that the last email address you provided to Evergreens is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Evergreens’ dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Evergreens at the following address: Evergreens, 1200 Westlake Ave N, STE 210, Seattle, WA 98109, Attn: Support. Such notice shall be deemed given when received by Evergreens by letter delivered by a nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
If you have any questions, complaints, or claims with respect to the Services, please contact us at: Evergreens, Evergreens, 1200 Westlake Ave N, STE 210, Seattle, WA 98109, Attn: Support, or email info@evergreens.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know so we can investigate further.
Any waiver or failure to enforce any provision of this Agreement on one occasion shall not be considered a waiver of any other provision or of such provision on any subsequent occasion.
Subject to Section 15g, if any part of this Agreement is deemed invalid or unenforceable, that part shall be interpreted in a way that reflects, as closely as possible, the original intent of the parties, and the remaining parts shall continue to be fully valid and enforceable.
You are prohibited from utilizing, exporting, importing, or transferring Evergreens’ Services except as permitted by U.S. law, the laws of the jurisdiction in which you acquired the Services, and any other relevant regulations. Specifically, but not limited to, the Services may not be exported or re-exported (a) to countries under United States embargoes, or (b) to individuals identified on the U.S. Treasury Department’s list of Specially Designated Nationals, or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you affirm and assure that (i) you are not situated in a country subject to a U.S. Government embargo, or identified by the U.S. Government as a “terrorist supporting” nation, and (ii) you are not included on any U.S. Government roster of prohibited or restricted entities.
In compliance with Washington state regulations, you may file complaints with the Washington State Attorney General’s Office. You can reach out to the Washington State Attorney General’s Office in writing at 800 5th Ave. Suite 2000, or by phone at (800) 551-4636.
This Agreement represents the final, comprehensive, and sole agreement between the parties concerning the subject matter herein, and it overrides and consolidates all previous discussions between the parties regarding said subject matter.
We reserve the right to revise, change, or update this Agreement periodically. We will make reasonable efforts to inform you of significant changes, which may include posting a notice on the Site, sending an email to the address on file, or displaying a message in your Account. However, please refer to the “Last Updated” date at the top of this page for the most recent revision.
Any modifications take effect immediately upon posting unless otherwise specified. If you do not agree with the modified Agreement, you must stop using the Sites. Continued use indicates acceptance.
Evergreens may assign this Agreement at any time. You may not assign this Agreement without Evergreens’ prior written consent.
If you have questions, comments, or complaints regarding these Terms & Conditions, or you need an alternative format due to a disability, contact:
Evergreens, Inc.
1200 Westlake Avenue N, STE 801
Seattle, WA 98109
Attn: Support
Email: info@evergreens.com
