Last Updated: 03/26/2024
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”), or 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 referred to as 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: (1) Agree to abide by this Agreement and any future amendments or additions to this Agreement as periodically published through the Site and Application.(2) 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. Unless otherwise specified herein, if you do not agree to be bound by this Agreement, you are not authorized to access or use the Services.
Subject to Section x of this Agreement, 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. It is advised that you regularly review this Agreement, as 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. When creating an account (“Account”) for the Services, you agree to provide accurate, current, and complete information as requested in the registration form (referred to as “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 commit 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 SOLEY RESPONSIBLE FOR ALL ACCESS TO AND USE OF TE SERVICES THROUGH YOUR ACCOUNT, REGARDES OF WHETHER SUCH ACCESS OR USE IS AUTHROIZED 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.
You are responsible for paying all orders placed from your Account according to the prices and billing terms effective at the time of ordering, regardless of whether the products are received. Additionally, you agree to settle 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 the following: (1) Abiding by Chowly’s terms of service ( https://chowly.com/terms-and-conditions/), (2) Adhering to OLO’s terms of service ( https://www.olo.com/terms-of-use), (3) Accepting Toast’s terms of service ( https://pos.toasttab.com/terms-of-service), (4) Immediate charging of your provided payment method(s) for all relevant fees and taxes, (5) 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.),
(6) No requirement for additional notice or consent for the above authorizations.
Unless explicitly approved by Evergreens at its sole discretion, all fees paid are non-refundable.
Conditions: Your refund request must adhere to the following conditions: (1) To initiate a refund, you must contact our customer service via feedback@evergreens.com or through our customer feedback survey hosted on evergreens.com/feedback. (2) When requesting a refund, specify the particular product causing dissatisfaction and provide details including your order number (if available), order date, location, name, contact information, and reason for the refund request. (3) If your refund request is accepted, the refund will be credited to your original form of payment. If it’s not feasible to credit the original payment method, the refund process may be incomplete. In such cases, we may reach out to you for alternative payment details or issue the refund through your Account or another method.
You commit to promptly update your Account if there are any changes to your payment information. Evergreens retains the right to adjust its prices and billing methods at any time. For further details on payment processing by Chowly, Olo, and Toast, or for insights into the data security and privacy measures associated with such information, please refer to:
Chowly’s terms of service ( https://chowly.com/terms-and-conditions/) and privacy policy ( https://chowly.com/privacy-policy/),
OLO’s terms of service ( https://www.olo.com/terms-of-use) and privacy policy ( https://www.olo.com/privacy-notice),
Toast’s terms of use ( https://pos.toasttab.com/terms-of-service) and privacy statement ( https://pos.toasttab.com/privacy).
Evergreens provides a Reward Program where you may enjoy benefits linked to specific actions taken with Evergreens. By choosing to opt-in to any Reward Programs, you agree to be bound by the terms outlined in this “Reward and Loyalty Programs” section, as well as any terms applicable to the specific Reward Program and other regulations specified 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, the corresponding loyalty program section below, and all other terms contained in this Agreement.
Using Rewards:
Any Reward issued by Evergreens must be utilized for a subsequent transaction with Evergreens before the specified expiration date indicated for such Reward. These Rewards are applicable only for qualifying pickup, Evergreens’ native delivery, and The Drop 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 respective Reward terms. However, Rewards cannot be redeemed for orders placed through any third-party platforms (including third-party delivery marketplaces like 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. Additionally, Rewards cannot be applied towards purchases of alcoholic beverages, taxes, tips, subscription fees, membership fees, merchandise, gift cards, or any other fees, including bag fees, service fees, and delivery fees.
It’s important to note that all Rewards are promotional in nature, non-transferable, non-refundable, and hold no cash value. They cannot be exchanged for cash or any cash equivalent, except as mandated by law.
Birthday Reward:
If you willingly provide your birth day and month during the registration process for a digital account via the App or order.evergreens.com, you’ll receive a Birthday Gift Reward around your birthday. This reward takes the form of a discount for a complimentary entrée, such as any salad, wrap, or warm bowl, which will be credited to your account. The Birthday Reward expires one week after issuance and cannot be used for alcoholic beverages. 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.
This Birthday Reward can be claimed solely in conjunction with digital pickup, Evergreens native delivery, orders placed via the App or order.evergreens.com, or for in-store purchases made after using an account lookup at checkout. It is not applicable for catering orders or orders placed through any third-party platforms, including third-party delivery marketplaces like DoorDash, GrubHub, Uber Eats, or Postmates.
Please note that the Birthday Reward is promotional in nature, non-transferable, and non-refundable. It is subject to change, holds no cash value, and cannot be exchanged for cash or any cash equivalent, unless mandated by law. Failure to provide your birth day and month during digital account registration renders you ineligible to receive the Birthday Reward.
Additional Reward Terms:
The value of a Reward upon redemption will never surpass the total purchase price of the order for which it is utilized. Should a full Reward not be utilized upon redemption (for example, if the Reward’s value exceeds the order purchase price), any remaining balance will not be available for future transactions. All Rewards provided through the Program are fully expended upon their initial use.
Rewards are automatically monitored and allocated to each Member’s account by Evergreens or our service providers. Our determinations and records concerning these calculations and benefits are deemed final and binding. Your eligibility to receive Rewards is subject to verification. Any Rewards unable to be verified to Evergreens’ satisfaction may be adjusted, canceled, or disqualified at our discretion.
Evergreens is not liable for inaccuracies in crediting or awarding Rewards resulting from human error or technical issues, including but not limited to: failures of the App or order.evergreens.com website, technical malfunctions, network problems, computer system issues, server difficulties, access provider failures, computer equipment or software glitches, or any combination thereof. We are not obliged to issue retroactive Rewards for any reason (such as forgetting your mobile device or failing to log in to your account on order.evergreens.com or use the App while ordering, resulting in non-accumulation of Rewards for your order).
Rewards are promotional, non-transferable, non-refundable, and possess no cash value. They cannot be exchanged for cash or any cash equivalent under any circumstances, unless mandated by law. Rewards hold no value outside of this Program.
Rewards cannot be assigned, exchanged, sold, traded, bartered, purchased, gifted, or otherwise transferred. Any such acquired Rewards are null. They cannot be redeemed for gift cards, cash, or gift certificates. The accrual of Rewards does not grant Members any vested rights, and Evergreens does not ensure the ongoing availability of any reward.
All expiration times stipulated in this Agreement (including those for specific rewards) expire on the designated expiration date. Evergreens’ computer clock serves as the official timekeeping device for such expirations.
Should you request the deletion of your Evergreens account, you will forfeit access to all available Rewards upon processing of your request, and your account information will be deleted.
Evergreens reserves the right, at our sole discretion, to suspend or terminate a Member’s account for any reason, or to invalidate any erroneously awarded Rewards. Reasons for account suspension, termination, or reward invalidation may include, without limitation, disorderly conduct at an Evergreens location that harms Evergreens or its affiliates, violations of law, or any activity not in line with this Agreement’s letter and/or spirit, as determined by us. If your account is suspended or terminated, you forfeit any accumulated Rewards and are prohibited from registering for a new account without Evergreens’ prior written permission. Evergreens is not liable for Rewards sent to suspended or terminated accounts.
Please be aware that this list is not exhaustive. Rewards may be subject to additional terms, conditions, restrictions, or limitations, which may be disclosed with the Rewards or incorporated into these Terms & Conditions over time. Rewards cannot be redeemed for cash or transferred, and are void where prohibited. Evergreens reserves the right to modify or discontinue these Rewards at any time.
Evergreens Reward Programs are exclusively available to legal residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years old at the time of participation. These programs are void where prohibited by law. Corporations, entities, or organizations of any nature are ineligible to partake in Reward Programs. Each individual may only engage in an Evergreens Reward Program using one Account. We retain the authority to suspend, modify, or terminate the eligibility of any individual found to be utilizing an Evergreens Reward Program in a manner inconsistent with this Agreement or applicable federal or state laws, statutes, or ordinances. Please note that such suspension or termination may affect multiple Evergreens Reward Programs. Similarly, such actions may result in the forfeiture of benefits accumulated under the Evergreens Reward Program. In addition to suspending or terminating eligibility, we reserve the right to undertake suitable administrative and/or legal measures against such individuals. It is your responsibility to ensure accurate accrual of any rewards or benefits earned through a Evergreens Reward Program.
Evergreens Reward Programs persist until we decide to terminate the specific program, a decision we may make at any time, with or without prior notice to you. In the event of a Evergreens Reward Program’s discontinuation, you may forfeit all benefits associated with that program, including those that have not yet been redeemed. Additionally, we retain the right to suspend or amend any Evergreens Reward Program at our discretion, at any time. By continuing your participation in the Evergreens Reward Program, you acknowledge and accept any modifications we implement. We will endeavor to notify you of any changes prior to their implementation.
Any questions or disputes concerning eligibility for an Evergreens Reward Program, your adherence to this Agreement, accumulation of rewards or benefits, or any other matters related to an Evergreens Reward Program, will be resolved by us as outlined in the Disputes, resolution section. By participating, you consent that our decisions regarding an Evergreens Reward Program are conclusive. All Evergreens Reward Programs are governed by relevant laws and regulations. We provide no representation or warranty of any kind regarding any Reward Program, which are offered on an “as-is” and “as-available” basis.
This section details information regarding promotions and discounts not expressively tied to an Evergreens loyalty program.
In our sole discretion, we may generate discounts, promotional codes, or other features or benefits, subject to any additional terms specified on a per promotional code basis (“Promo Codes”). Unless expressly indicated otherwise on the relevant Promo Code, each Promo Code may only be utilized once per individual. Only Promo Codes distributed to you through official Evergreens communication channels are valid. You acknowledge that Promo Codes: (i) must be employed for their intended audience and purpose, and in compliance with the law; (ii) may not be replicated, sold, or transferred in any manner, or disclosed to the general public (whether through public forums or otherwise), unless explicitly permitted by us; (iii) may be deactivated by us at any time for any reason without incurring liability; (iv) may only be utilized in accordance with the specific terms established for each Promo Code; (v) are not convertible to cash; and (vi) may expire before your utilization. All Promo Codes expire 120 days after issuance unless otherwise stated.
Certain promotions offered on the Services may be subject to special terms. These special terms, such as official contest rules, may be displayed alongside the relevant promotion. Any such special terms supplement these Terms and, if there is a conflict, the special terms shall take precedence over these Terms.
Evergreens, Inc. issues and sells gift cards in both physical and electronic formats. When purchasing a gift card, you are required to select the dollar amount of the gift card you desire and provide your billing details, along with any additional information requested by Evergreens. For electronic gift card purchases, you must input the recipient’s email address, and the gift card will be automatically dispatched to them. Evergreens bears no responsibility and assumes no liability for the non-delivery of an email containing a gift card due to reasons such as an invalid email address, spam filters, or any other cause. It is your sole responsibility to ensure the accuracy of the recipient’s (including your own) information, including the email address, and to inform the recipient if you wish to notify them about the gift card through means other than the automated email sent by Evergreens. Physical gift cards cannot be procured online.
Evergreens holds no responsibility and bears no liability for any gift card you give independently. Gift cards do not expire or diminish in value if left unused, and they are not subject to inactivity fees, maintenance fees, or any other charges. These cards are valid for in-store and online Evergreens food and beverage menu orders exclusively and cannot be utilized for orders made through third-party platforms (including DoorDash, GrubHub, Uber Eats, or Postmates). Gift cards cannot be reloaded or resold, redeemed for more than their face value, exchanged for cash, or refunded for cash (except as mandated by applicable law). They may not be employed for unauthorized advertising, marketing, sweepstakes, or other promotional activities. Gift cards are neither replaceable nor refundable if misplaced or stolen, hence it is imperative to safeguard them as you would cash. Evergreens assumes no responsibility if your gift card is lost, stolen, or used without authorization by someone other than yourself or the intended recipient. Purchases exceeding $10,000 in gift cards cannot be made in a single day. For inquiries regarding corporate gift card purchases, please reach out to us at info@evergreens.com.
With the exception of User Content (which is outlined in Article 8 of this terms page), Evergreens and its suppliers possess all rights, titles, and interests in the Services. These Services are safeguarded by copyright and other intellectual property laws worldwide. Pursuant to this Agreement, Evergreens provides you with a restricted license to utilize the Services solely for your personal non-commercial endeavors. Any forthcoming release, update, or other augmentation to the Services will be governed by this Agreement. Evergreens, its suppliers, and service providers retain all rights not explicitly conferred in this Agreement.
The unique stylized name of Evergreens along with its associated graphics, logos, service marks, and trade names utilized within or linked to the Services are the trademarks owned by Evergreens and may not be utilized without permission in association with any third-party products or services. Any other trademarks, service marks, and trade names visible within or linked to the Services belong to their respective owners. You agree not to alter, obscure, or remove any copyright notice, trademark, service mark, or other proprietary rights notices that are included in or accompany the Services.
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other materials displayed on or within the Sites (referred to as the “Content”) are protected intellectual property owned by Evergreens, used with permission, or licensed to us. This Content may be safeguarded by copyright, trademark, patent, or other proprietary rights and laws. The entirety of the Content on each Site is considered a collective work and is protected as such. All intellectual property rights associated with the Sites, along with any related goodwill, are proprietary to us or our licensors. By accessing or using the Sites, you do not acquire any rights, titles, or interests in any Content. Any rights not explicitly granted herein are retained. Unless specified otherwise, the utilization of any Content available on a Site is strictly prohibited.
Subject to your adherence to this Agreement, we provide you with a limited license to access and utilize the Sites and their Content for personal, informational, and shopping purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any manner without the written consent of the rights owner, except that you may download or print one copy of specific Content or software made available for downloading or printing for your personal, non-commercial home use, provided you comply with this Agreement and retain the same only for as long as you have permission to access the Sites. To utilize Content under such an exception, you must (1) maintain any copyright, trademark, or other proprietary notices intact, (2) use such Content according to any licenses associated with it, (3) refrain from copying or posting such Content on any networked computer or broadcasting it in any media, (4) refrain from making modifications to any such Content, and (5) refrain from making any additional representations or warranties regarding such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of a Site or the Content.
The rights provided to you in this Agreement are subject to the following limitations: (a) You may not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion thereof; (b) You may not frame or use framing techniques to enclose any trademark, logo, or other aspect of the Services (including images, text, page layout, or form); (c) You may not use any metatags or other “hidden text” utilizing Evergreens’ name or trademarks; (d) You may not modify, translate, adapt, merge, create derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services except as expressly permitted by applicable law; (e) You may not use any manual or automated software, devices, or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools, or similar means) to “scrape” or download data from the Services; (f) You may not access the Services to develop similar or competitive products or services; (g) Except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (h) You may not remove or destroy any copyright notices or other proprietary markings contained within or on the Services; (i) You may not circumvent, remove, alter, deactivate, degrade, or interfere with any of the protections of the Services; (j) You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and (k) You will not interfere with or attempt to disrupt the proper functioning of the Services through any virus, device, information collection or transmission mechanism, software or routine, or attempt to access any data, files, or passwords related to the Services through hacking, password or data mining, or any other means. Any future release, update, or addition to the Services shall be governed by this Agreement. Evergreens reserves all rights not expressly granted in this Agreement. Any unauthorized use of the Services terminates the licenses granted by Evergreens under this Agreement. The preceding sentence does not limit any other rights or remedies available to Evergreens under law, equity, statute, or otherwise.
You recognize that all content is solely the responsibility of the party from whom it originated. This indicates that each User is entirely accountable for all content they make available through the Services (“User Content”). Evergreens is not obligated to pre-screen any content. You engage with all User Content and other Users at your own risk. Without limiting the foregoing, Evergreens retains the right in its sole discretion to pre-screen, reject, or delete any content. Evergreens has the right to delete any content that breaches this Agreement or is otherwise objectionable.
Evergreens does not assert ownership over any User Content you provide on the Services (“Your Content”). However, when you, as a User, post or publish Your Content on or through the Services, you affirm that you possess all the required rights to grant Evergreens the license outlined in Section 8c. Apart from Your Content, you acknowledge that you possess no right or title to any content displayed on or through the Services.
Subject to any relevant Account settings, you authorize Evergreens to duplicate, utilize, and exhibit Your Content (either wholly or partially) and generate derivative works from Your Content for the operation and provision of the Services. Please be aware that other Users may locate, view, utilize, alter, and reproduce any of Your Content that you submit to any “public” section of the Services.
You undertake not to utilize the Services for any purpose prohibited by this Agreement or applicable law. You shall refrain from (and shall not allow any third party to) (a) undertake any action or (b) post any content on or through the Services that: (i) violates any patent, trademark, trade secret, copyright, right of publicity, or any other right of any individual or entity; (ii) is illegal, menacing, abusive, harassing, defamatory, libelous, misleading, fraudulent, invasive of privacy, tortious, obscene, offensive, or vulgar; (iii) constitutes unauthorized or unsolicited advertising, spam, or bulk email; (iv) involves commercial activities and/or sales without prior written consent from Evergreens, such as contests, sweepstakes, trade, advertising, or pyramid schemes; or (v) impersonates any individual or entity, including any staff member or representative of Evergreens
You acknowledge that your submission of any ideas, suggestions, documents, and/or proposals to Evergreens (“Feedback”) is undertaken at your own risk, and Evergreens bears no obligations (including, but not limited to, obligations of confidentiality) regarding such Feedback. You affirm and guarantee that you possess all the necessary rights to submit the Feedback. Hereby, you grant to Evergreens a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to utilize, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit commercially or non-commercially, in any manner, any and all Feedback, and to sublicense the aforementioned rights.
The Services may include connections to third-party services, like third-party websites, applications, or advertisements (“Third-Party Links”). Clicking on such a link may not prompt a warning indicating that you’ve exited the Services. Evergreens neither manages nor assumes responsibility for Third-Party Links. Evergreens offers these Third-Party Links solely as a convenience and does not assess, authorize, oversee, endorse, guarantee, or make any assertions regarding them, or any content, products, or services reachable through such links. Your utilization of all Third-Party Links is undertaken at your own risk.
You acknowledge and consent that the availability of the Application relies on the third party from whom you obtained the Application license, such as the Apple App Store or Google Play Store (“App Store”). You recognize that this Agreement pertains to you and Evergreens, not the App Store. Evergreens, not the App Store, bears sole responsibility for the Services, encompassing the Application, its content, maintenance, support services, warranties, and addressing any related claims (e.g., product liability, legal compliance, or intellectual property infringement). To utilize the Application, you must have access to a wireless network, and you agree to cover all associated fees. Additionally, you accept responsibility for any charges (if applicable) levied by the App Store concerning the Services, including the Application. You commit to abiding by, and your permission to utilize the Application is contingent upon your adherence to, all relevant third-party terms of agreement (e.g., the App Store’s terms and policies) when utilizing the Services, including the Application. You recognize that the App Store (and its subsidiaries) serve as third-party beneficiaries of this Agreement and hold the right to enforce its terms.
In relation to any Application accessed or downloaded from the Apple App Store (referred to as an “App Store Sourced Application”), you agree to utilize the App Store Sourced Application only (i) on an Apple-branded product running the iOS (Apple’s proprietary operating system), and (ii) as permitted by the “Usage Rules” outlined in the Apple App Store Terms of Service. Additionally, the following terms pertain to any App Store Sourced Application:
(a) You recognize and accept that (i) this Agreement is entered into between you and Evergreens exclusively, not Apple, and (ii) Evergreens, not Apple, bears sole responsibility for the App Store Sourced Application and its content. Your use of the App Store Sourced Application must adhere to the App Store Terms of Service.
(b) You acknowledge that Apple is not obliged to provide any maintenance or support services for the App Store Sourced Application whatsoever.
(c) Should the App Store Sourced Application fail to conform to any applicable warranty, you may notify Apple, and Apple will reimburse the purchase price for the App Store Sourced Application to you. To the fullest extent permitted by applicable law, Apple will bear no further warranty obligations regarding the App Store Sourced Application. Any other claims, losses, liabilities, damages, costs, or expenses arising from a warranty failure will be solely Evergreens’ responsibility, as between Evergreens and Apple.
(d) Both you and Evergreens recognize that Apple is not accountable for addressing any claims you or any third party may have concerning the App Store Sourced Application or your possession and use of it. This includes, but is not limited to: (i) product liability claims; (ii) claims of non-conformance with any legal or regulatory requirements; and (iii) claims arising under consumer protection, privacy, or similar legislation.
(e) In the event of any third-party claim alleging infringement of intellectual property rights due to your possession and use of the App Store Sourced Application, Evergreens, not Apple, will be solely responsible for investigating, defending, settling, and discharging any such claim, as per this Agreement.
(f) Both you and Evergreens agree that Apple, along with its subsidiaries, are third-party beneficiaries of this Agreement regarding your license of the App Store Sourced Application. Upon your acceptance of this Agreement’s terms and conditions, Apple will have the right (and be deemed to have accepted the right) to enforce this Agreement concerning your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) In addition to other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
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.
Correspondence concerning notices of claims of copyright infringement should be directed to: Evergreens DMCA, 1200 Westlake Ave N, STE 210, 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 16a, 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 17.1 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 210, 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 210, 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 such changes. However, please refer to the “Last Updated” section at the top of this page to determine the most recent revision date of this Agreement. Any modifications to this Agreement will take effect immediately upon being published on this page unless otherwise specified. We recommend that you review this Agreement periodically as there may be alterations to our policies that could impact you. If you do not agree with the modified Agreement, you must cease using our Sites. Your continued use of a Site indicates your ongoing acceptance of this revised Agreement. We will make reasonable efforts to notify you of significant changes to this Agreement, which may include posting a notice on the Site, sending an email to the address on file, or displaying a message in your Account.
We retain the right to assign this Agreement at any time, with or without notice to you. However, you may not assign or sublicense this Agreement, or any of your rights or obligations under this Agreement, without our prior written consent.
If you have any questions, comments, or complaints concerning our terms & condition, or if you need to access these terms & conditions in an alternative format due to having a disability, please contact us at:
Evergreens, Inc 1200 Westlake Avenue N, STE 210, Seattle, WA 98109
Attn; Support, or via email to info@evergreens.com
