Privacy Policy(effective Date: February 21, 2020)

Evergreen Essentials Group, LLC (“Evergreen Essentials”) respects your concerns about privacy. This U.S. Privacy Notice describes the types of personal information we obtain, including through Evergreen Essentials’ websites and mobile applications listed here (collectively, the “Sites”), how we may use the information, with whom we may share it and the choices available regarding our use of the information. The Notice also describes the measures we take to safeguard the personal information we obtain and how individuals can contact us about our privacy practices.

Information We Obtain

We obtain certain personal information in connection with the products and services we provide. The types of personal information we obtain include:

• contact information, such as name, phone and fax number, and email and postal address;
• information used to create your account to access the Sites, such as birth date, spouse’s name, photo, preferred language, Enroller ID, Sponsor ID, online password, and, if you are a Wellness Advocate, Social Security number (or equivalent) or Tax ID number;
• payment information, such as name, billing address and payment card details, including card number, expiration date and security code, which is collected and stored by our third-party payment processor on our behalf;
• information you submit in connection with a career opportunity at Evergreen Essentials, such as contact details, information in your résumé (including work history, education, language skills, certifications/licenses and work eligibility status) and details about your current employment; Evergreen Essentials uses a third-party service provider to host its Career Opportunities pages and related personal information is obtained by this service provider; and
• other personal information contained in content you submit to us, such as through the “Feedback” feature, public forums or customer support tools on the Sites.

Information We Obtain by Automated Means

When you interact with the Sites, we obtain certain information by automated means, such as cookies, web server logs, web beacons and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s web browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.

We may use these automated technologies to collect information about your equipment, browsing actions and usage patterns. The information we obtain in this manner may include your device IP address, other identifiers associated with your devices, web browser characteristics, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of Site visits. These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with our products, services and Sites; (3) tailor our products, services and Sites around your preferences; (4) measure the usability of our products, services and Sites and the effectiveness of our communications; and (5) otherwise manage and enhance our products, services and Sites.

Your web browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Sites. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device. To the extent required by applicable law, we will obtain your consent before using cookies or similar tools.

How We Use The Information We Obtain

We may use the information we obtain about you to:

• provide our products and services to you;
• send promotional materials, newsletters and other communications about our products and services;
• establish and manage your account with Evergreen Essentials;
• process and fulfill orders in connection with our products and services and keep you informed about the status of your order;
• identify and authenticate you so you may order our products and access and use the Sites;
• communicate about, and administer participation in, special events, programs, promotions, offers surveys, focus groups and market research;
• provide Wellness Advocate and customer support and respond to inquiries;
• increase and maintain the safety and security of our products and services and prevent misuse;
• perform data analytics (including market research, trend analysis, financial analysis, and anonymization and aggregation of personal information);
• manage career opportunities, including for recruitment purposes, employee onboarding and other Human Resources purposes;
• operate, evaluate, develop, manage and improve our business and the Sites (including operating, administering, analyzing and improving our products, services and Sites; developing new products and services; managing and evaluating the effectiveness of our communications; performing accounting, auditing, billing reconciliation and collection activities and other internal functions);
• protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
• comply with and enforce applicable legal requirements, relevant industry standards and policies, including this U.S. Privacy Notice and other Evergreen Essentials terms of use and related documents.

We also may use the information we collect about you in other ways for which we provide specific notice at the time of collection and obtain your consent if required by applicable law.

Third-Party Analytics Services

We use third-party web analytics services on the Sites, including Google Analytics and Facebook Pixel. These service providers use automated technologies to collect data (such as IP addresses) to evaluate use of the Sites. To learn more about Google Analytics and how to opt out, please visit

https://www.google.com/intl/en/analytics/learn/privacy.html. To learn more about Facebook Pixel and how to opt out, please visit https://www.facebook.com/help/164968693837950?helpref=faq_content.

Online Tracking and Interest-Based Advertising

We may collect information about your online activities to provide you with advertising about products and services tailored to your interests. Where required by applicable law, we will obtain your consent for the processing of your personal information for direct marketing purposes.

You may see our ads on other websites or mobile apps because we participate in advertising networks. Ad networks allow us to target our messaging to users considering demographic data, users’ inferred interests and browsing context. These networks track users’ online activities over time by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other similar technologies. The networks use this information to show ads that may be tailored to individuals’ interests, to track users’ browsers or devices across multiple websites or apps, and to build a profile of users’ online browsing activities. The information our ad networks may collect includes data about users’ visits to websites and apps that participate in the relevant ad networks, such as the pages or ads viewed and the actions taken on the websites or apps. This data collection takes place both on the Sites and on third-party websites and apps that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.

The Sites are not designed to respond to “do not track” signals received from browsers. To learn how to opt out of ad network interest-based advertising in the United States, please visit www.aboutads.info/choices, http://www.networkadvertising.org/choices/ and  http://preferences-mgr.truste.com/.

Information Sharing

We do not sell or otherwise share personal information about you except as described in this U.S. Privacy Notice. We may share your personal information with (1) our affiliates and subsidiaries and (2) our service providers who perform services on our behalf, such as order fulfillment, customer support, payment processing and data analytics. We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

If you are a Evergreen Essentials account holder, we also share your personal information with the account’s sales organization (including upline and downline distributors) for the purpose of administering sales, distribution of Evergreen Essentials products, and providing reports of activities to other Evergreen Essentials account holders.

We also may disclose information about you (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; or (6) otherwise with your consent.

We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).

Your Choices

We offer you certain choices in connection with the personal information we obtain about you. To update your preferences, limit the communications you receive from us, or submit a request, please contact us as specified in the How to Contact Us [Insert hyperlink] section of this U.S. Privacy Notice. You also may make changes to the personal information used to create your account with Evergreen Essentials by logging into your account.

Other Online Services and Third-Party Features

The Sites may provide links to other online services for your convenience and information, and may include third-party features such as apps, tools, payment services, widgets and plug-ins (e.g., Facebook, Twitter, Instagram, YouTube and Pinterest buttons). These online services and third-party features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, is subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by us, Evergreen Essentials is not responsible for these third parties’ information practices.

How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to protect personal information against unauthorized access, disclosure or use.

Children's Personal Information

The Sites are designed for a general audience service and are not directed to children. Evergreen Essentials does not knowingly collect or solicit personally identifiable information from children under the age of 13. If we learn that we have collected personal information from a child under age 13, we will promptly delete that information. If you believe that a child under age 13 may have provided us with personal information, please contact us at support@evergreen-essentials.com.

Updates To This U.S. Privacy Notice

This U.S. Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will indicate at the top of the notice when it was most recently updated.

How To Contact Us

If you have any questions about this U.S. Privacy Notice, or if you would like us to update information we have about you or change your preferences, or if you would like to exercise other applicable data protection rights, please contact us by e-mail at
support@evergreen-essentials.com or write to us at:
Evergreen Essentials Group, LLC
Attn: Legal Department
7643 Gate Parkway, Suite 104-1465
Jacksonville, FL 32256

Appendix A

This U.S. Privacy Notice applies to Evergreen Essentials’ processing of U.S. personal information, including through the following websites:
evergreen-reliefnow.com
evergreen-relief.com

Evergreen Essentials International, LLC

California Consumer Privacy Statement

This California Consumer Privacy Statement (“Statement”) supplements the Evergreen Essentials U.S. Privacy Notice [Insert Hyperlink] and applies solely to California consumers.  The Statement does not apply to Evergreen Essentials personnel.

This Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).

1. Notice of Collection and Use of Personal Information

We may collect (and may have collected during the 12-month period prior to the effective date of this Statement), the following categories of personal information about you:

• Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, and other similar identifiers;
• Additional Data Subject to Cal. Civ. Code § 1798.80: signature, physical characteristics or description, state identification card number, insurance policy number, education, bank account number, credit card number, debit card number, and other financial information, medical information, and health insurance information;
• Protected Classifications: characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, ancestry, genetic information, disability, citizenship status, and military and veteran status;
• Commercial Information: commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;
• Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements;
• Geolocation Data;
• Sensory Information: audio, electronic, visual, thermal, olfactory, and similar information;
• Employment Information: professional or employment-related information; and
• Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We may use (and may have used during the 12-month period prior to the effective date of this Statement) your personal information for the purposes described in our U.S. Privacy Policy and for the following business purposes specified in the CCPA:

• performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services;
• auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
• short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
• detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• debugging to identify and repair errors that impair existing intended functionality;
• undertaking internal research for technological development and demonstration;
• undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us; and
• managing career opportunities with Evergreen Essentials.

2. Sources of Personal Information

During the 12-month period prior to the effective date of this Statement, we may have obtained personal information about you from the following categories of sources:

• from you, for example, when you create an account on the Site, attend a convention or purchase a Evergreen Essentials product, or if you become a Wellness Advocate;
• your friends, through their use of our services, such as by sending an article or product information directly to you;
• our affiliates and subsidiaries;
• social media networks;
• data analytic providers; and
• online advertising services and advertising networks.

3. Sale of Personal Information

We do not sell your personal information in exchange for monetary compensation.  We may allow certain third parties (such as online advertising services) to collect your personal information via automated technologies on our Sites in exchange for non-monetary consideration.  We share the categories of personal information listed above for online advertising purposes and to provide third-party social network features and functionality on our Sites as described in our Privacy Notice.  You have the right to opt out of this disclosure of your information, which may be considered a “sale” under California law.

During the 12-month period prior to the effective date of this Statement, we may have sold the following categories of personal information about you to online advertising services and social networks:

• Identifiers
• Commercial Information
• Online Activity
• Inferences

We do not have actual knowledge that we sell personal information of minors under 16 years of age.

4. Sharing of Personal Information

During the 12-month period prior to the effective date of this Statement, we may have shared your personal information with certain categories of third parties, as described below.

5. California Consumer Privacy Rights

You have certain choices regarding your personal information, as described below:

Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold about you during the past 12 months.

Deletion: You have the right to request that we delete certain personal information we have collected from you.

Opt-Out of Sale: You have the right to opt out of the sale of your personal information.

Shine the Light Request: You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.

How to Submit a Request.To submit an access or deletion request, submit a Shine the Light request, opt-out of the sale of your personal information email support@evergreen-essentials.com. If you designate an authorized agent to make an access, deletion, or opt-out of sale request on your behalf, we may require you to provide the authorized agent written permission to do so and to verify your own identity directly with us (as described below).  For questions or concerns about our privacy policies and practices, please contact us at support@evergreen-essentials.com.

Verifying Requests. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request.  If you have an account with us, we may verify your identity by requiring you to sign in to your account.  If you do not have an account with us and you request access to or deletion of your personal information, we may require you to provide any of the following information: certain order information, address and phone number.  In addition, if you do not have an account and you ask us to provide you with specific pieces of personal information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.

Additional Information. If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us.  To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

Contact Us

Thanks for your interest in Evergreen Essentials. We are dedicated to bringing you the best customer service and support possible.

Here’s how you can get in touch with our team:

Email: support@evergreen-essentials.com

Address: 7643 Gate Parkway, Suite 104-1465, Jacksonville, FL 32256

Customer support is available 24/7 and we do our best to respond to all inquiries within 24 hours.

Terms of Use Effective Date: February 21, 2020

By using this website (“Site”), you acknowledge and agree to be bound by the following terms of use and any instructions, policies or guidelines referenced herein (the “Terms of Use”).  If you are accepting the Terms of Use on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so on behalf of such entity. If you do not accept the Terms of Use, then please do not use the Site.

PLEASE READ THE TERMS OF USE CAREFULLY AND CHECK THEM PERIODICALLY.  THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE.  ALL SUCH CHANGES WILL BE BINDING UPON YOU AS OF THE REVISED EFFECTIVE DATE. YOU MAY NOT AMEND OR MODIFY THE TERMS OF USE UNDER ANY CIRCUMSTANCES.  YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH CHANGE IS POSTED TO THE SITE WILL BE CONSIDERED YOUR ACCEPTANCE OF THOSE CHANGES. IF YOU DO NOT ACCEPT THE TERMS OF USE, THEN DO NOT USE THE SITE.

General

This Site belongs to Evergreen Essentials Group, LLC (“Evergreen Essentials”, “we”, “our” or “us”). Evergreen Essentials reserves the right to withdraw or amend the Site, and any service or Content (defined below) provided on the Site. Evergreen Essential will not be liable if for any reason all or any part of the Site is unavailable at any time for any reason. Evergreen Essentials may terminate, suspend or discontinue any aspect of the Site at any time, without notice or liability.

User Accounts

Certain areas of the Site may require you to register, setup an account or may otherwise ask you to provide information, including personal information, to participate in certain features or to access certain content. The decision to provide any of your information is purely voluntary and optional; however, if you elect not to provide us with certain information, you may not be able to access certain content or participate in certain features of the Site. If you are under the age of 18, you may not register or setup an account. You represent and warrant to us that all of the information and data provided by you is accurate and truthful in all respects. If you create an account on the Site, you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose and (ii) all activities that occur under such password or account identifiers. You also agree to notify Evergreen Essentials of (a) any loss of your password or account identifiers and (b) any unauthorized use of your password or account identifiers. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of these Terms of Use. If you provide us with your email address during account setup, registration or otherwise, you consent to receive communications from us electronically.

Intellectual Property Rights

As between you and Evergreen Essentials, (a) the Site, including, but not limited to, all trademarks, trade names, brand names, logos and images, service marks, trade dress and other intellectual property rights thereto, and (b) all information, materials, software or HTML code, scripts, text, artwork, photography, images, video and audio, and the design, selection and arrangement thereof and all intellectual property associated therewith, that are displayed or contained on the Site (the “Content”), are the sole property of Evergreen Essentials and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws and unfair competition laws. All Content is provided as a service to users of the Site. Subject to the limited license set forth below, nothing contained in the Terms of Use shall be construed as conferring any right, title or interest in the Site or the Content.

Limited Right

Upon your acceptance of the Terms of Use, Evergreen Essentials grants you a limited, non- transferable, non-sublicensable, non-exclusive, revocable right to access and use the Site and Content for your personal, non-commercial use only. This right is subject to the following restrictions: (i) you may not copy, publish, distribute, perform, display, post, modify, create derivative works from, sell, license, reverse engineer or otherwise exploit the Site or any Content without the prior written permission of Evergreen Essentials; (ii) you may not permit any copying of the Content; (iii) you may not remove or alter any copyright, trademark or other proprietary rights notices from copies of the Content from the Site; and (iv) you will not use the Site for any purpose that is unlawful or prohibited by the Terms of Use or any applicable laws or regulations. Evergreen Essentials may revoke this limited right at any time for any or no reason. All rights not expressly granted are reserved by Evergreen Essentials.

Use Restrictions

While using the Site, you agree not to: (a) defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity; (b) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information; (c) restrict or inhibit any other user from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; (d) express or imply that any statements you make are endorsed by us, without our prior written consent; (e) upload to, transmit through, or display on the Site any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); (f) engage in spamming or flooding; (g) transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (h) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; (i) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site; (j) “frame” or “mirror” any portion of the Site, or link to any page of or material on the Site other than the URL located at http://www.evergreenessentialoil.com/ or the URLs provided by us to you for such purposes as part of the Site, without our prior written authorization; (k) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site; or (l) harvest or collect information about users of the Site without their express consent.

Submissions

IN THE EVENT THAT YOU POST OR UPLOAD TO THE SITE, OR OTHERWISE SUBMIT TO US AS PART OF YOUR USE OF THE SITE, ANY MATERIALS INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS AND OTHER IMAGES, TEXT, GRAPHICS, SOUNDS, DATA, LINKS AND OTHER MATERIALS (COLLECTIVELY, “SUBMISSIONS”), YOU HEREBY GRANT US AND OUR DESIGNEES A WORLDWIDE, NON-EXCLUSIVE, SUBLICENSABLE (THROUGH MULTIPLE TIERS), ASSIGNABLE, ROYALTY-FREE, FULLY PAID-UP, PERPETUAL, IRREVOCABLE RIGHT TO USE, REPRODUCE, DISTRIBUTE (THROUGH MULTIPLE TIERS), CREATE DERIVATIVE WORKS OF, AND PUBLICLY DISPLAY AND PERFORM SUCH SUBMISSIONS. EXCEPT FOR THE FOREGOING LICENSE, WE DO NOT CLAIM OWNERSHIP OF ANY COPYRIGHT IN YOUR SUBMISSIONS. YOU REPRESENT, WARRANT AND COVENANT THAT YOU OWN OR OTHERWISE POSSESS ALL NECESSARY RIGHTS WITH RESPECT TO YOUR SUBMISSIONS, AND THAT YOUR SUBMISSIONS DO NOT AND WILL NOT INFRINGE, MISAPPROPRIATE, USE OR DISCLOSE WITHOUT AUTHORIZATION, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT OF ANY THIRD PARTY, AND ARE NOT UNLAWFUL, FRAUDULENT, THREATENING, ABUSIVE, LIBELOUS, DEFAMATORY, OBSCENE OR OTHERWISE OBJECTIONABLE.

YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE SUBMISSIONS WILL BE SUBJECT TO ANY OBLIGATION, WHETHER OF CONFIDENTIALITY, ATTRIBUTION OR OTHERWISE, ON OUR PART AND WE WILL NOT BE LIABLE FOR ANY USE OR DISCLOSURE OF ANY SUBMISSIONS. YOU ACKNOWLEDGE AND AGREE THAT WE MAY (BUT ARE NOT OBLIGATED TO) DO ANY OR ALL OF THE FOLLOWING, AT OUR DISCRETION: (A) MONITOR AND/OR FILTER ANY SUBMISSIONS (INCLUDING WITHOUT LIMITATION BY MEANS OF BLOCKING OR REPLACING EXPLETIVES OR OTHER LANGUAGE THAT MAY BE DEEMED HARMFUL OR OFFENSIVE); (B) ALTER, REMOVE, OR REFUSE TO SEND, TRANSMIT OR OTHERWISE USE ANY SUBMISSION (INCLUDING, WITHOUT LIMITATION, BY SUSPENDING THE PROCESSING AND SHIPPING OF ANY ORDER RELATING TO ANY SUBMISSION); AND/OR (C) DISCLOSE ANY SUBMISSIONS, AND THE CIRCUMSTANCES SURROUNDING THE TRANSMISSION OR USE THEREOF, TO ANY THIRD PARTY IN ORDER TO OPERATE THE SITE; TO PROTECT OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS, AND USERS; TO COMPLY WITH LEGAL OBLIGATIONS OR GOVERNMENTAL REQUESTS; TO ENFORCE THESE TERMS; OR FOR ANY OTHER REASON OR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTRY OF A SUBMISSION IS AT YOUR SOLE RISK, AND THAT EVERGREEN ESSENTIALS IS NOT RESPONSIBLE FOR ANY LOSS OF SUCH SUBMISSION, ANY LOSS OF CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH, OR ANY OTHER LOSS OR LIABILITY RELATING TO SUCH SUBMISSION IN ANY WAY.

Links

You may be able to link to third party websites or resources from the Site (“Linked Sites”). The Linked Sites are provided solely as a convenience to our visitors and are not an endorsement of any information, product or service reached through such Linked Sites. The Linked Sites are not under our control and we are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any Linked Sites, or for any other materials, products, or services offered on the Linked Sites. You should carefully review the privacy notices and other conditions of use at the Linked Sites.

Disclaimers and Limitation of Liability

THE SITE AND ALL CONTENT, AND FUNCTIONALITY INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVERGREEN ESSENTIALS DOES NOT WARRANT THAT THE CONTENT OF THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NEITHER Evergreen Essentials NOR ITS THIRD PARTY PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF THE SITE OR CONTENT, OR FUNCTIONALITY INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. THE CONTENT ON THE SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF (OR INABILITY TO USE) THE SITE OR SUBMISSION OF INFORMATION, IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EVERGREEN ESSENTIALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. EVERGREEN ESSENTIALS DOES NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND EVERGREEN ESSENTIALS DISCLAIMS ANY LIABILITY RELATING THERETO. IN NO EVENT WILL THE EVERGREEN ESSENTIALS INDEMNITEES (AS DEFINED BELOW) BE LIABLE, AND YOU HEREBY WAIVE ANY CLAIM AGAINST THE EVERGREEN ESSENTIALS INDEMNITEES AND RELEASE THE EVERGREEN ESSENTIAL INDEMNITEES FROM ANY LIABILITY FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING FROM (A) THE USE OF THE SITE, (B) ANY CONTENT OR FUNCTIONALITY INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, (C) ANY ACTIONS EVERGREEN ESSENTIAL TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO EVERGREEN ESSENTIAL, OR (D) THE DELAY OR INABILITY TO USE THE SITE; INCLUDING ALL DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT,

LAW, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, EVEN IF EVERGREEN ESSENTIALS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. AT EVERGREEN ESSENTIALS’ OPTION, EVERGREEN ESSENTIALS MAY SEEK ALL REMEDIES AVAILABLE TO IT UNDER LAW AND IN EQUITY, INCLUDING INJUNCTIVE RELIEF IN THE FORM OF SPECIFIC PERFORMANCE TO ENFORCE THE TERMS OF USE AND/OR ACTIONS FOR DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH EVERGREEN ESSENTIALS RELATED IN ANY WAY TO THE USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND EVERGREEN ESSENTIALS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You will indemnify and hold harmless Evergreen Essentials and its affiliates, and our or their respective directors, officers, employees, agents, representatives, licensors and third party providers (collectively, the “Evergreen Essentials Indemnitees”), on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the Evergreen Essentials Indemnitees, and shall defend the Evergreen Essentials Indemnitees against (1) all claims arising out of or relating to your use of the Site, including that any Submissions or other information, data or materials (whether tangible or intangible) provided by you in connection with your use of the Site or the Terms of Use, or use thereof by any Evergreen Essentials Indemnitee, infringes, misappropriates or otherwise violates any trademark, trade secret, patent, copyright or other intellectual property right or proprietary right of a third party; (2) all claims arising out of or relating to fraud committed by, or the intentional misconduct or gross negligence of, you; and (3) all claims arising out of or relating to your failure to comply with, or breach by you of, any provision of the Terms of Use. This indemnification provision does not apply to intentional or reckless acts or gross negligence on the part of the Evergreen Essentials Indemnitees.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this section and, in such case, you agree pay for all costs and expenses arising out of or relating to such defense and to cooperate with us in the defense of such matter, at your sole cost and expense.

Jurisdiction and Governing Law

The Terms of Use shall be governed by and construed in accordance with the laws, rules and regulations of the State of Florida without giving effect to any choice-of-law provision or rule (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You hereby irrevocably consent and submit to the jurisdiction and venue of the courts located in the State of Florida for the adjudication of any matter arising out of or relating to the Terms of Use and waive any objection based on improper venue or inconvenient forum. No course of dealing or usage of trade will apply to the Terms of Use. We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Site has been designed to comply with the laws of the State of Florida and of the United States. If any Content, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

DMCA Notice

Evergreen Essentials is committed to protecting copyrights and expects users of the Site to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send our designated copyright agent named below a notice requesting that the material be removed, or access to it blocked. The notice must include the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
• Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Evergreen Essentials to locate the material;
• Information reasonably sufficient to permit Evergreen Essentials to contact you, such as an address, telephone number, and if available, an email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated copyright agent for notice of copyright infringement on the Site may be contacted at: Evergreen Essentials, Attn: Legal Department, 7643 Gate Parkway, Suite 104-1465, Jacksonville, FL 32256.You acknowledge that if you fail to comply with all the above requirements, your notice may not be valid.

Promotions

This Site may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

Entire Agreement

The Terms of Use govern your use of the Site, including the submission of all data, information and other materials (whether tangible or intangible and including order, payment and personal information) through the Site. If you are a Professional, Wellness Advocate, or Wholesale Customer account holder, the Terms of Use do not replace, amend or modify your Professional, Wellness Advocate, or Wholesale Customer account agreement. The Terms of Use constitute the entire agreement between you and Evergreen Essentials with regard to your use of the Site and all matters addressed herein and supersedes all prior written or oral agreements or understandings previously existing between you and Evergreen Essentials. No terms or conditions endorsed upon, delivered with or contained in or communicated by any of the foregoing will form part of the Terms of Use.

Returns & Refunds

RETURNS

All returns must be postmarked within thirty (30) days of the purchase date. All returned items must be in new and unused condition, with all original tags and labels attached. We offer a full 100% satisfaction guarantee. If you are not satisfied, we will refund your item in full within 30 days. To return an item, please email customer service at support@evergreen-essentials.com

REFUNDS

After receiving your return and inspecting the condition of your item, we will process your return or exchange. Please allow at least seven (7) days from the receipt of your item to process your return or exchange. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company. We will notify you by email when your return has been processed.

EXCEPTIONS

For defective or damaged products, please contact us at the customer service number below to arrange a refund or exchange.

General

Failure by Evergreen Essentials to enforce any provision in the Terms of Use will not be construed as a waiver of such or any other provision. No waiver will be binding upon Evergreen Essentials unless in writing and signed by an authorized representative of Evergreen Essentials, and any such waiver will be limited to the particular instance referred to. If any provision of the Terms of Use is held to be invalid, illegal or unenforceable for any reason, the remainder of the Terms of Use will continue in full force and effect and such invalid provision, to the maximum extent permitted by law and to the extent possible, will be construed in accordance with the original intent of the parties, and to the extent not possible, will be deemed severable from the Terms of Use. Headings used in the Terms of Use are for reference purposes only and in no way define or limit the scope of the section. As used in the Terms of Use, the word “including” and words of similar import means “including, without limitation.”

Feedback

We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to Evergreen Essentials shall be and remain the exclusive property of Evergreen Essentials, and we may use all such communications in any manner without compensation to you.

Should you have any questions or complaints regarding the Terms of Use, please contact us by email at support@evergreen-essentials.com