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Terms &
Conditions

 

Last updated: March 4, 2024

MyEvergreenOnline.com - Terms & Conditions

Welcome to the terms and conditions ("Terms") for Evergreen Enterprises of Virginia, LLC. These Terms are between you and Evergreen Enterprises of Virginia, LLC. and/or its affiliates ("Evergreen Enterprises Canada" or "Evergreen On-Demand") and govern our respective rights and obligations. Please note that your use of the MyEvergreen.com website are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the MyEvergreenOnline.com website, all of which (as changed over time) are incorporated into these Terms. If you register for a retailer account, you accept these terms, conditions, limitations and requirements.

MyEvergreenOnline.com Terms & Conditions of Use

 

General Terms & Conditions of Use

 

New Accounts

First time order payment terms are Credit Card or Prepaid only. We accept VISA, MasterCard, American Express and Discover Card. To establish a net term account, we require a completed and signed Evergreen credit application with at least three (3) trade references. After receipt of this information, please allow 2 - 4 weeks for review and approval. To expedite processing, please include your requested credit limit.

Minimum Order Policy

The minimum per warehouse purchase amount is $200 for Evergreen and $500 for Plow & Hearth. All prices are wholesale and subject to change without notice.

Credit Policy

Under the supervision of the Treasurer, the Evergreen Enterprises credit department’s mission is to quickly extend credit to potential and current customers whose financial conditions indicate that payment for our products will be made in a timely manner. The roles and activities of the credit and collections staff shall coordinate and cooperate with those of the sales department and align with overall corporation policies.

The objectives of Evergreen Enterprises credit policy are to optimize cash flow by converting accounts receivable to cash as fast as possible, minimize risk of bad debt loses, maximize profitability by reducing carrying costs, and maintain a competitive edge in the marketplace.

Practices are designed to permit the maximum number of orders to flow without interruption though the sales department and allow interception, when necessary, as a means of safeguarding the company assets.

Credit Review

Every potential and current customer will be required to have a signed credit application on file. This application will be used as the (initial) source document for credit review. In addition, the following may be needed to satisfy the customer’s credit limits and terms approval:

  • Financial statements
  • Credit agency reports (NACM, Credit safe, ABC Amega-GAIN, D&B)
  • Public records
  • Bank information and references
  • Credit References

Credit limits are determined based on the customer’s rating, their ability to pay, and their expected sales volume of purchases. The position of Credit Manager will use discretion while granting limits under $50k. Large credit limits require increased levels of risk analysis and may employ risk-scoring models using internal and external elements and methodologies. Credit limits over $50k will require Executive approval.

Credit decisions on new accounts will be communicated to the customer and sales management within 72 hours of receipt of an application. During peak (show) seasons, credit decisions will be completed and communicated as soon as possible. No customer will be denied the right to purchase our products until every means of selling to the customer has been exhausted.

Credit Terms

Once creditworthiness has been established, Evergreen is pleased to offer the following payment terms to our customers:

  • Net 30 days from invoice date
  • Net 60 days from invoice date
  • Net 90 days from invoice date

Extended terms requested beyond 90 days will only be available in extraordinary circumstances (New Account 1st purchase, Inventory reduction) and will require executive-level approval. All customers agree to their approved credit and payment terms and they are expected to make payments by the invoice due date.

Payments

Evergreen accepts the following methods of payment:

  • Credit Card (MC, Visa, Amex, Discover)
  • ACH/Wire
  • E-Check
  • Check (lockbox)

In addition, our ORC (online resource center) is available for you to make payment arrangements 24hrs/day. Please ensure that both the invoice number and dollar amount are included in your payment.

Payment Posting Notice

Any payment received without the specific invoice number and dollar application amount are subject to being posted against the customer’s finance fees and oldest invoice amounts due first.

Credit Reviews

It is the Companies policy to regularly review and re-evaluate the credit of our existing customers to monitor any changes in their level of risk. Reviews can be initiated based on payment performance, returns, NSF’s, additional information obtained, and any external market factors that warrant the necessity. The process involves the assessment of a customer’s ongoing ability and willingness to pay within terms. Defined “critical” customers will be re-evaluated at least once a year.

Deductions

Our ORC and customer service are available to process return and damage claims. Unearned discounts and unauthorized deductions will not be honored. Every effort will be made to address customer’s deductions (returns, chargebacks, price, and quantity adjustments) in a timely manner so that account balances reflect the most updated and accurate information.

Finance Fees

Evergreen Enterprises will charge a 1.5% monthly finance fee on any invoice that is past due 90 days. (18% annually, or the applicable usury limit in your state). Effective 1/1/2023 any finance fees incurred due to late payment will not be waived.

Collections

To further support the credit department’s goals, collection methods (especially for past due accounts) will be both proactive and consistent. When an account first becomes delinquent, multiple collection strategies will be implemented. Customer contact will be made via phone, fax, letter, email push notifications (dun notices) and on our online resource center (ORC). Credit and shipment holds will also be employed as part of our collection efforts. Members of the credit department will always maintain professional and ethical behavior when communicating with customers.

If the credit department’s efforts do not produce the desired collection results, any unresolved account that is past due 120+ days will be transitioned to our collection agency. All amounts due plus additional late charges and cost of collections will be the responsibility of the Customer.

Effective 1/1/2024, customers who are sent to collections will no longer be permitted to purchase from Evergreen, and our business partnership will be terminated.

Returns Policy

Click here to read the return policy.

Back Order & Substitution Policy

If a product is not available on the original shipment, a backorder will be created if the total value exceeds $50. Shipping charges will be applied to the backorder. We will not create backorders if specifically requested by customers. Backorders that do not ship within 90 days of the original ship date or seasonal items that do not ship within 20 days of the end of the season or holiday will automatically be canceled unless otherwise specified by customer. Evergreen, at our discretion, may substitute like items in response to out-of-stock situations. In such cases, customers may choose to "opt-out" of the substitution and wait for receipt of the actual item ordered by making a "No Substitutions" notation on the order form, or by informing the customer service representative taking the order.

Shipping

We ship via FEDEX Ground anywhere in the continental United States, unless weight or packaging restrictions require us to ship using common carrier. Orders placed with items designated as "Truck Shipments Only" will ship via truck, no exceptions. If there are no specific instructions, we will ship the fastest and least expensive method possible, selected at the discretion of Evergreen. Freight charges will be subject to fuel-related surcharges, which may vary throughout the year. Any additional services the carrier must provide, including, but not limited to inside delivery, lack of lift gate, etc will be charged directly to the customer at the discretion of the carrier and will not be refunded by Evergreen. Any additional charges due to re-delivery or re-routing are the responsibility of the customer.

We ship to Alaska, Hawaii and Puerto Rico via United States Postal Service. Additional shipping and handling charges will apply for these shipments.

Replacement Product

If a replacement item is requested, customer will receive credit for the original item, and re-billed for the replacement - no freight will be charged on the replacement item.

Please allow 1 - 4 weeks from the time we receive your order for shipping as available. Terms, conditions and prices subject to change without notice. All shipments will be invoiced at prices in effect at the time of order placement.

Glossary

OS - Oversize Shipment- Additional surcharges may be applied.
A package is considered a "Large Package" when its length plus girth (2xwidth) + (2xheight) combined exceeds 130 inches, but does not exceed the maximum FEDEX size of 165 inches. A package with the longest side exceeding 60 inches or its second-longest side exceeding 30 inches.

Dim Weight - Also known as Dimensional weight.
Freight carriers utilize the greater of the actual weight or dimensional weight to calculate shipping charges. Dimensional Weight is calculated as (Length x Width x Height) / (Dimensional Factor). Additional surcharges may be applied.

I. General Conditions

Please carefully read these Terms & Conditions before using our Services. By using our Services, you agree to be bound by the Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described in Section XIII, and the Privacy Policy. If you do not agree to the Terms & Conditions, then you must not use our Services. If you violate the Terms & Conditions, we reserve the right to deny you access to our Services, together with any and all other legal remedies.

The headings used herein are included for convenience only and will not limit or otherwise affect these Terms & Conditions.

Evergreen reserves the right to update or modify these Terms & Conditions at any time without prior notice. Updates will be posted to this page and are effective upon posting. It is your obligation to check our current Terms & Conditions for any changes.

II. Non-Exclusive, Non-Transferable Right to Use Our Services

We grant you a limited, revocable, non-exclusive, non-transferable right to review and in some instances print content, from our Services (e.g., our website) for your personal and educational purposes as long as they do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the rights granted herein for any reason (or no reason) and in our sole discretion.

We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

III. Account Access Registration

The use of our Services (such as viewing our entire product catalog and placing an order) requires you to create an account ("Account") and select a user ID and password. All information you provide to us when creating your Account will be accurate and true to the best of your knowledge. You are responsible for maintaining the confidentiality of any password and for all activities that occur under your Account, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Accounts.

First time order payment terms are Credit Card or Prepaid only. We accept VISA, MasterCard, American Express and Discover Card. To establish a net term account, we require a completed and signed Evergreen credit application with at least three (3) trade references. After receipt of this information, please allow 2 - 4 weeks for review and approval. To expedite processing, please include your requested credit limit.

IV. Prohibited Conduct

Any conduct by you that in the Company's sole discretion restricts or inhibits any other user from using or enjoying the Services will not be permitted. You agree to use the Services in accordance with these Terms & Conditions and only for lawful purposes. You are prohibited from posting on or transmitting through the Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Services or its related content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful or prohibited acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Services including our website (or related website, other websites, or the Internet) or Services; (h) to collect or track the personal information of others; (i) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware; (j) for any damaging, obscene or immoral purpose; (k) to interfere with or circumvent the security features of the website (or related website, other websites or the Internet) and/or Services, including those to prevent copying of content or that limit use; (l) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam" or any other similar solicitation; (m) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (n) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (o) use a buying agent or purchasing agent to make purchases on the website; (p) use the Services to advertise or offer to sell goods and services; (q) engage in unauthorized framing of or linking to the Services; (r) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (s) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services; (t) sell or otherwise transfer your profile; (u) use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise; (v) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (w) copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (y) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"); (z) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or (aa) in any way that may be deemed a breach or violation of any of our Terms & Conditions or Website Privacy Policy. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

Purchasing our products for resale on Amazon, or any third-party marketplace, is strictly prohibited. If you are (i) selling counterfeit goods under the Evergreen® brand name, (ii) illegally acquiring our branded products for resale, and/or (iii) appearing as a seller of our branded products and then secretly purchasing them from any of the divisions of Evergreen for delivery to the customer without notice to us or the customer, you are in violation of federal law for infringement, unfair competition and/or deceptive advertising, respectively. Evergreen has invested substantial time and money in developing and maintaining goodwill in its products and Services, and Evergreen's rights to its intellectual property is of enormous value. Appropriation by you of Evergreen's Intellectual Property causes harm to Evergreen's business and reputation and fraudulently misrepresents to consumers, suppliers, and others that you are authorized by Evergreen to sell any of our branded products.

V. Intellectual Property

All the content available through our Services is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Evergreen and its licensors. All content, features, and functionality available through our Services, including but not limited to design, site design, text, typefaces, graphics, videos, sound, interfaces, and their arrangements ("Materials") are the property of Evergreen and are protected by United States and international intellectual property and proprietary rights laws. We reserve all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you except that you may only download, print and store selected portions of the Materials for your personal, non-commercial use where it is related to shopping from this site and placing an order and provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any data base or other compilation. Any other use of the Materials is strictly prohibited.

All registered and unregistered trademarks visible or accessible through our Services are trademarks of the Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of the Company, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.

VI. Children's Information

Our Services, including our website, are intended only for users over the age of eighteen (18). You must be eighteen (18) years old to register as a member.

We do not target our Services to minors, who are under thirteen (13) (or a higher age threshold where applicable). You agree that you are not under thirteen (13) years of age. We do not intend to collect or process any information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. Contact us if you believe that we have mistakenly or unintentionally collected information from a person under the age of thirteen (13).

VII. Disclaimers and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK AND Evergreen SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICES. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICES. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

VIII. Accuracy, Completeness, and Timeliness of Information

Evergreen makes reasonable efforts to confirm that the content on our Services is complete, current, and accurate. However, we cannot guarantee that the information contained in our Services will not contain errors, inaccuracies, or omissions. Such errors may relate to product availability, price, product description, product photographs, offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.

Evergreen reserves the right to correct, amend, refuse, or cancel any information or orders containing any error, inaccuracy, or omission at any time without prior notice. This may include orders that have been submitted, confirmed, or charged to your credit card. If an order is canceled after your credit card has been charged, it will be fully refunded.

We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.

Our Services may contain links to other websites that are not owned or operated by Evergreen (collectively "Third-Party Sites"), although such sites may have an affiliation with Evergreen. You acknowledge that Evergreen is not responsible for the availability of, or content located on any Third-Party Site. Please carefully review the Third-Party Site's policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.

X. Distribution/Uploading of Third-Party Content

Any content you submit or make available for inclusion on the Services shall become the sole property of Evergreen. Regarding all such content, including, without limitation, creative ideas, suggestions, content, postings, artwork, photograph, material or other submissions (collectively, "User Submissions"), you grant the Company the right to use, reproduce, disclose, publish, and distribute any material you submit for any reason without compensation.

No User Submissions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentially. Neither the Company, nor our affiliates, nor their respective officers, directors, agents or employees shall be liable for any use or disclosure of any User Submissions.

In addition, the Company may, in our sole discretion, at any time and without prior notice to you, suspend or terminate any public forum, any other portion of the Services, or the subscription or registration of any user who violates any of these terms and conditions of use, any of the rules, regulations or guidelines or for any other behavior that we in our sole discretion believe is inappropriate.
Finally, if you submit data to us about other individuals (such as your message and gift recipients), you agree that you have obtained consent from each such individual to the submission, transfer, and processing of the Information.

XI. Text Messaging Terms

This section applies to your entry into and/or use of Evergreen's text messaging service:

  • a. By opting in and providing us with your mobile phone number, you agree that you have provided Evergreen with prior express written consent to be contacted by SMS text messages on your mobile device, including recurring automated promotional and personalized text messages.
  • b. Your consent is not required as a condition of purchasing any goods or services from Evergreen.
  • c. By agreeing to receive SMS messages from Evergreen, you certify that you are over 18 years of age and (a) you are the mobile account holder, or (b) you have the account holder's permission to enroll the designated mobile phone number and can incur any mobile message or data charges. Message and data rates may apply.
  • d. By subscribing to Evergreen's text messaging service, you consent to receive recurring automated text marketing messages (including but not limited to marketing alerts like cart reminders) from us each month from Evergreen at the mobile number provided when you opted in. You can unsubscribe at any time by texting STOP to 72157.
  • e. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise.
  • f. You agree that we will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. Our text message services are provided on an AS IS, AS AVAILABLE basis.
  • g. Our text message service and the content and materials provided through the service are proprietary to use and our licensor, and are for your personal, non-commercial use only. You shall not damage, impair or interfere with, or disrupt the service or its functionality.
  • h. Our text message service is available only in the United States.
  • i. We reserve the right to alter these text message terms and conditions from time to time. We may suspend or terminate our text message service to you if we believe you are in breach of our Terms & Conditions. Your service is also subject to termination in the event that your wireless service terminates or lapses. We may discontinue the service at any time.
  • j. If you have questions, email us at wholesalesupport@myevergreen.com. You can also text the word HELP to 72157 to get additional information about the service. We do not charge for help or info messages; however, your normal carrier rates apply.
  • k. Data obtained from you may include your mobile phone number, your carrier's name, your opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the SMS services. All data collected is subject to our Governing Law.
  • l. Evergreen will not sell or otherwise share the mobile number you provide with third parties for any commercial purpose.

 

XII. Privacy Policy

We collect information about you when you use our Services as described in our Privacy Policy, which also describes why we gather customer and member information, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of that information. We encourage you to carefully read our Privacy Policy. Click here to read our Privacy Policy.

XIII. Governing Law

The Terms & Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of Virginia without reference to any conflict of law rules.

You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

XIV. Arbitration Clause and Class Action Waiver

*Important – Please Review as This Affects Your Legal Rights

A. Arbitration Notice

You and Evergreen agree that if there is any dispute or claim arising from or related to our Services, these Terms & Conditions, and/or the Privacy Policy it will be resolved by confidential binding arbitration in Virginia, rather than in court, after first giving Notice of the Dispute ("Notice") to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to: 5915 Midlothian Turnpike, Richmond, Virginia 23225. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

If you and Evergreen are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Company may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms & Conditions as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

The arbitration shall be held in the State of Virginia or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Virginia, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator's award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding any provision in these Terms & Conditions to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms & Conditions containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.

CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

B. Claims and Disputes Must be Filed Within One (1) Year

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.

XV. Severability

To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

XVI. Termination

These Terms & Conditions are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to our Services.

XVII. Indemnification

To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.

XVIII. No Third-Party Beneficiaries

There are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.

XIX. How to Contact Us

If you have any questions about these Terms & Conditions, please send us an email at wholesalesupport@myevergreen.com, call us at USA Toll Free: 800-774-3837 or CA Toll-Free: 877-509-2955, or write us at:

  • Customer Satisfaction Department
  • Evergreen Enterprises
  • 5915 Midlothian Tpke
  • Richmond, VA 23225