Terms and Conditions

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Evergreen. By accessing our website, using our services, or engaging with our content, you acknowledge that you have read, understood, and agree to be bound by these terms.

This agreement governs your relationship with Evergreen and establishes the rights, responsibilities, and obligations of both parties. If you do not agree with any part of these terms, you must immediately discontinue use of our website and services.

These Terms and Conditions work in conjunction with our Privacy Policy and other legal documents referenced herein to form the complete agreement between you and Evergreen.

User Obligations and Responsibilities

Legal Compliance

By using our services, you agree to:

Comply with all applicable federal, state, local, and international laws and regulations
Ensure that your use of our services does not violate any laws in your jurisdiction
Respect all intellectual property rights, including copyrights, trademarks, and patents
Obtain all necessary permissions, licenses, and authorizations required for your activities
Not use our services for any unlawful, fraudulent, or malicious purpose

Conduct Requirements

You are responsible for maintaining appropriate conduct when interacting with our services. You must not:

Harass, abuse, threaten, or intimidate other users or our staff
Submit false, misleading, or deceptive information
Attempt to impersonate any person, entity, or representative of Evergreen
Interfere with or disrupt our services, servers, or networks
Circumvent any security features or access restrictions on our website
Engage in any activity that could damage, disable, or impair our services
Use automated systems or software to extract data from our website without permission

Content Guidelines

When submitting any content to us through contact forms, feedback mechanisms, or other channels, you must ensure that your content:

Does not contain false, defamatory, or misleading statements
Does not infringe upon intellectual property rights of third parties
Does not contain offensive, abusive, or inappropriate material
Does not include confidential information of third parties without authorization
Does not contain viruses, malware, or other harmful code
Complies with all applicable content regulations and standards

Age Restrictions

You must be at least 18 years of age to use our services or enter into agreements with us. If you are under 18, you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Evergreen, its officers, directors, employees, agents, affiliates, and partners from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising from or relating to:

Your use or misuse of our website and services
Your violation of these Terms and Conditions or any applicable law or regulation
Your violation of any rights of another person or entity, including intellectual property rights
Any content you submit, post, or transmit through our services
Your breach of any representations or warranties made in these Terms and Conditions
Any disputes between you and other users of our services
Your negligence or willful misconduct

This indemnification obligation will survive the termination of your relationship with Evergreen and your use of our services.

Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By accepting these Terms and Conditions, you also agree to the terms of our Privacy Policy.

You are responsible for:

Ensuring the accuracy of information you provide to us
Maintaining the confidentiality of any account credentials
Notifying us immediately of any unauthorized access to your account or data
Understanding that data transmission over the internet is not completely secure
Accepting the risks associated with electronic data transmission

Disclaimers, Warranties, and Limitations

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability or fitness for a particular purpose
Warranties regarding the accuracy, reliability, or completeness of content
Warranties that our services will be uninterrupted, secure, or error-free
Warranties that defects will be corrected or that our services are free from viruses
Warranties regarding the results that may be obtained from using our services

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERGREEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

Your access to or use of or inability to access or use our services
Any conduct or content of any third party on our services
Unauthorized access, use, or alteration of your transmissions or content
Any errors, mistakes, or inaccuracies in our content
Personal injury or property damage resulting from your use of our services

Consequential Damages Exclusion

Under no circumstances will Evergreen be responsible for any consequential damages, including but not limited to loss of business, lost profits, business interruption, loss of data, or similar losses, even if we have been advised of the possibility of such damages.

Maximum Liability Cap

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing our services during the twelve months prior to the claim, or one hundred dollars ($100 USD), whichever is greater.

Force Majeure

Evergreen shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

Acts of God, natural disasters, severe weather, or environmental conditions
War, terrorism, civil unrest, or other hostilities
Government actions, regulations, or restrictions
Labor disputes, strikes, or lockouts
Telecommunications failures, internet outages, or power failures
Pandemics, epidemics, or public health emergencies
Cyberattacks, hacking incidents, or security breaches

During any force majeure event, our obligations will be suspended for the duration of the event, and we will make reasonable efforts to minimize the impact on our services.

Legal Information and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the State of Washington, United States of America, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms and Conditions shall be instituted exclusively in the federal or state courts located in King County, Washington. You irrevocably consent to the jurisdiction of such courts and waive any objection to venue in such courts on the grounds of inconvenient forum or otherwise.

Dispute Resolution Procedures

In the event of any dispute, claim, or controversy arising from these Terms and Conditions:

The parties agree to first attempt to resolve the dispute through good faith negotiations
Either party may initiate negotiations by providing written notice to the other party
The parties will negotiate for a period of at least thirty (30) days before pursuing other remedies
If negotiations fail, either party may pursue available legal remedies

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If modification is not possible, the provision shall be severed from these Terms and Conditions, and the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices or agreements referenced herein, constitute the entire agreement between you and Evergreen regarding your use of our services and supersede all prior agreements, understandings, and communications, whether written or oral.

No modification, amendment, or waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by an authorized representative of Evergreen.

Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.

We reserve the right to assign or transfer these Terms and Conditions, in whole or in part, to any third party, including in connection with a merger, acquisition, reorganization, or sale of assets, without your consent or prior notice.

Modifications to Terms

Evergreen reserves the right to modify, update, or replace these Terms and Conditions at any time at our sole discretion. We will make reasonable efforts to notify users of material changes by:

Updating the "Last updated" date at the top of this page
Posting a notice on our website
Sending an email notification to registered users (when applicable)

It is your responsibility to review these Terms and Conditions periodically. Your continued use of our services following the posting of changes constitutes your acceptance of those changes. If you do not agree to the modified terms, you must discontinue use of our services.

Survival of Terms

Upon termination of your access to or use of our services, the following provisions shall survive: Indemnification Obligations, Privacy and Data Protection, Disclaimers and Warranties, Limitation of Liability, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination.