Effective Date: January 1, 2020 (Updated on June 9, 2025)

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Eden Brands, Inc., including its affiliates, brands, and subsidiaries (collectively, “Evereden,” “we,” “us,” or “our”). These Terms govern your access to and use of the website located at www.ever-eden.com (“Website”), as well as all related services, content, features, and transactions offered or facilitated by Evereden through the Website (collectively, the “Services”).

By accessing, browsing, or using the Website, or by making a purchase, you agree to be bound by these Terms, along with our Privacy Policy and any supplemental policies referenced herein. If you do not agree to these Terms, you may not use the Website or Services.

1. DEFINITIONS

The following capitalized terms shall have the meanings set forth below:

• “Content” refers to all visual, textual, audio, and other materials, including but not limited to text, images, graphics, logos, illustrations, videos, software, code, designs, and all intellectual property available on or through the Website.
• “Digital Content” means intangible goods or services available for purchase or access, such as e-books, tutorials, virtual events, and subscription-based services.
• “Order” means a request made by a User to purchase Products through the Website.
• “Products” refers to physical or digital goods made available for sale by Evereden.
• “Services” includes all features, content, offers, and functionality provided through the Website.
• “User” means any individual or entity accessing or using the Website or Services.
• “Merchant of Record” refers to the third-party payment processor authorized to process transactions on Evereden’s behalf.

2. ELIGIBILITY

You must be at least thirteen (13) years of age to access the Website. If you are under the age of majority in your jurisdiction (typically eighteen (18) years), you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

By using the Website, you represent and warrant that:
(a) you have the legal capacity to enter into a binding contract;
(b) all information provided by you is accurate and truthful; and
(c) you are not prohibited from using the Website by applicable law.

3. MODIFICATIONS TO TERMS AND SERVICES

We reserve the right, at our sole discretion, to update, revise, modify, or replace these Terms at any time. Material changes will be posted on the Website and accompanied by an updated “Effective Date.” Your continued use of the Website after any such change constitutes your acceptance of the updated Terms.

We may also, without notice or liability, add to, delete, or modify any aspect of the Services, including pricing, availability, or functionality.

4. ACCOUNT REGISTRATION AND SECURITY

If you create an account on the Website, you agree to:

• Maintain the confidentiality of your username and password;
• Restrict access to your device;
• Accept full responsibility for all activities that occur under your account;
• Immediately notify us of any unauthorized access or security breach.

We reserve the right to suspend or terminate your account at any time for any reason, including suspected misuse.

5. PRIVACY

Your submission of personal information through the Website is governed by our Privacy Policy. If you are located in the European Economic Area (EEA), United Kingdom (UK), or other jurisdictions with privacy regulations, our processing of your personal data complies with the General Data Protection Regulation (GDPR) and related laws.

6. ORDERS, PAYMENTS, AND BILLING

By placing an Order, you agree to pay all fees, charges, and applicable taxes incurred in connection with your purchase. We may require verification of your payment method before fulfilling any Order.

All Orders are subject to our acceptance. We reserve the right to reject or cancel any Order for any reason, including errors in pricing, availability, or suspected fraud.

7. SHIPPING, RETURNS, AND PROMOTIONAL OFFERS

Shipping dates are estimates and not guaranteed. Risk of loss and title for Products pass to you upon our delivery to the carrier.

Returns and refunds are governed by our Return Policy. In the case of promotional bundles or BOGO offers, returning part of the bundle may affect eligibility for refunds or promotional pricing.

8. SUBSCRIPTIONS AND AUTO-RENEWALS

Certain Services may be offered on a subscription basis with automatic renewal. By enrolling, you authorize recurring charges to your payment method unless you cancel prior to the renewal date. You are responsible for managing and canceling subscriptions via your account or by contacting us.

9. LICENSE AND PERMITTED USE

You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes only. You may not:

• Copy, reproduce, distribute, transmit, display, or sell any Content without our prior written consent;
• Modify or create derivative works from the Website or Content;
• Use data mining, scraping, bots, or similar data gathering tools;
• Interfere with the Website’s operation or attempt unauthorized access.

10. INTELLECTUAL PROPERTY RIGHTS

All Content is owned or licensed by Evereden and protected by copyright, trademark, and other intellectual property laws. Unauthorized use of any Content may violate applicable laws and result in legal action.

EVEREDEN™, the EVEREDEN logo, and all related names, marks, and slogans are the trademarks of Evereden.

11. THIRD-PARTY CONTENT AND LINKS

The Website may contain links to third-party websites or services. Evereden does not control and is not responsible for any third-party content, terms, or privacy practices. Your use of such third-party sites is at your own risk.

12. AFFILIATE AND INFLUENCER DISCLOSURES

Opinions or representations made by affiliates, brand ambassadors, or influencers do not necessarily reflect the views of Evereden. We disclaim liability for any claims, misstatements, or endorsements made by such third parties.

13. USER SUBMISSIONS AND FEEDBACK

By submitting feedback, comments, or content to Evereden, you grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to use, reproduce, publish, and distribute such content in any medium, without compensation or attribution.

14. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, CONTENT, PRODUCTS, AND SERVICES PROVIDED BY EVEREDEN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, EVEREDEN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
(a) WARRANTIES OF MERCHANTABILITY,
(b) FITNESS FOR A PARTICULAR PURPOSE,
(c) NON-INFRINGEMENT OF THIRD-PARTY RIGHTS,
(d) ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT,
(e) SECURITY OR ERROR-FREE OPERATION, AND
(f) THE RESULTS OBTAINED THROUGH USE OF THE WEBSITE OR SERVICES.

NO INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM EVEREDEN OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVEREDEN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF EVEREDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, EVEREDEN’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO EVEREDEN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITIES, AND THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU IN SUCH CASES.

16. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Evereden, its affiliates, licensors, officers, directors, employees, and agents from and against all claims, losses, liabilities, expenses, damages, judgments, settlements, and legal fees arising out of or relating to:
(a) your use or misuse of the Website or Services,
(b) your violation of these Terms,
(c) your violation of any applicable law, or
(d) your infringement of any intellectual property or other rights of any third party.

Evereden reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

17. DISPUTE RESOLUTION AND ARBITRATION

(a) Binding Arbitration.
You and Evereden agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms, the Website, the Services, any Products sold or distributed by Evereden, or the breach, enforcement, interpretation, or validity thereof (collectively, “Disputes”) shall be resolved exclusively by binding arbitration on an individual basis, and not in a class, collective, or representative proceeding. The arbitration shall be administered by JAMS and conducted pursuant to its Streamlined Arbitration Rules and Procedures then in effect (the “JAMS Rules”), available at www.jamsadr.com. The arbitration will be conducted in New York County, New York, before a single arbitrator.

(b) Governing Law and Venue.
The Federal Arbitration Act governs the interpretation and enforcement of this section. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

(c) Small Claims and Equitable Relief.
Notwithstanding the foregoing, either party may bring an individual action in small claims court or seek preliminary injunctive relief or equitable remedies in any court of competent jurisdiction.

18. OPT-OUT OF ARBITRATION

You may opt out of this arbitration agreement by sending a written opt-out notice to hello@ever-eden.com or mailing it to:

Eden Brands, Inc.
401 Broadway, Suite 2001
New York, NY 10013

The notice must be sent within thirty (30) days of your first use of the Website or acceptance of these Terms. The notice must include:

• Your full legal name
• Your mailing address
• Your email address
• A clear statement that you are opting out of binding arbitration

If you opt out of arbitration, all other Terms will still apply.

19. CLASS ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND EVEREDEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION.

Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

20. CLAIMS DEADLINE

To the fullest extent permitted by applicable law, you agree that any claim or cause of action you may have arising out of or related to these Terms, the Website, or the Services must be filed within one (1) year after such claim arose, or it shall be permanently barred.

21. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to acts beyond our reasonable control, including but not limited to: natural disasters, governmental actions, war, acts of terrorism, labor strikes, power outages, or internet failures.

22. EXPORT COMPLIANCE

You agree to comply with all applicable export control laws and regulations. You may not use or export any Product or Content in violation of U.S. export laws or other applicable jurisdictional rules.

23. DMCA TAKEDOWN POLICY

If you believe your copyrighted work has been infringed on our Website, please submit a DMCA-compliant notice to hello@ever-eden.com with the following:

• Identification of the copyrighted work;
• Identification of the infringing material;
• Your contact information;
• A good-faith statement;
• Your signature.

24. LANGUAGE VERSIONS

These Terms may be provided in multiple languages. In case of discrepancies, the English version shall prevail.

25. NO AGENCY OR PARTNERSHIP

Your use of the Website does not create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship with Evereden.

26. ENTIRE AGREEMENT

These Terms, along with our Privacy Policy and referenced documents, constitute the entire agreement between you and Evereden regarding the use of the Website and Services.

27. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

28. WAIVER

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

29. SURVIVAL

All provisions of these Terms that by their nature should survive termination (including ownership, disclaimers, indemnification, dispute resolution, and limitation of liability) shall remain in effect.

30. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles. Users in the EEA and UK may also assert claims in their local jurisdictions.

31. NOTICES

Legal notices may be sent via email to hello@ever-eden.com or by mail to:
Eden Brands, Inc.
401 Broadway, Suite 2001
New York, NY 10013

32. ACCESSIBILITY

We are committed to making our Website accessible. If you experience issues accessing any part of the Website, please contact hello@ever-eden.com so we can assist you through alternative means.

33. USER-GENERATED CONTENT AND MODERATION

Evereden reserves the right to monitor, review, and remove any user-generated content at its sole discretion, including content that is defamatory, misleading, abusive, illegal, or infringing.

34. CALIFORNIA PRIVACY RIGHTS (CCPA)

California residents have the right to request:

• Categories and specific data collected;
• Deletion of personal information;
• That data not be sold (we do not sell your data);
• Non-discrimination for exercising these rights.

Requests may be submitted to hello@ever-eden.com with the subject line “CCPA Request.”

35. ENTIRE AGREEMENT (RESTATED)

These Terms, including incorporated policies and legal disclaimers, constitute the complete and exclusive agreement between you and Evereden.

36. CONTACT

If you have any questions, concerns, or legal requests, please contact:
📧 hello@ever-eden.com
✉️ 401 Broadway, Suite 2001, New York, NY 10013

 

OTHER TERMS & CONDITIONS

International Shipments

Delivery of Products purchased from Eden Brands Inc. dba. Evereden shall occur, and risk of loss and title to Products shall pass to customer, in the case of Products shipped by courier / carrier, at the time Eden Brands Inc. dba. Evereden transfers the Products to the carrier or shipping agent at the facility in the United States from which customer’s order is shipped or, in the case of Products shipped through the United States Postal Service, at the time Eden Brands Inc. dba. Evereden transfers physical possession of the Products to the United States Postal Service or its agent.

Customs Fees

Orders shipped outside the United States may be subject to customs import duties and/or taxes based on the destination country. If assessed, customs charges (i.e., duties and taxes) are the responsibility of the customer in addition to shipping cost. Eden Brands Inc. dba. Evereden is unable to predict or control customs charges as they are levied by the destination country.

FOR CANADIAN CUSTOMERS

For goods shipped by means other than through the United States Postal Service

By ordering Products from Eden Brands Inc. dba. Evereden, you authorize the customs broker selected by Eden Brands Inc. dba. Evereden or its shipping agent to act as your agent to transact business with the Canada Border Services Agency (CBSA) to clear merchandise, pay duties and taxes, and to handle any merchandise returns and refund claims on your behalf. On checkout, we calculate and collect the applicable taxes and duties that the broker will pay on your behalf to the CBSA.

Privacy Please review our Privacy Policy, which also governs your visit to the Web Sites to understand our practices. When you visit the Web Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright All content included on the Web Sites, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of Company or its content suppliers and protected by international copyright laws. The compilation of all content on the Web Sites is the exclusive property of Company and protected by domestic and international copyright laws. All software used on the Web Sites is the property of Company or its software suppliers and protected by domestic and international copyright laws.

Trademarks Evereden and Company’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, word marks or trade dress of the Company in the United States and all other applicable territories. Evereden’s trademarks and trade dress may not be used in connection with any product or service that is not Evereden, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Evereden, the Company or the Company’s products.

All other trademarks not owned by Company that appear on the Web Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company or Evereden.

Web Site Contents Occasionally there may be information on the Web Sites that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you. You understand and accept that all materials, including text, images, illustrations, designs, icons, photographs, video clips and other materials that are part of the Web Sites (collectively, the “Contents”) are owned by the Company. You are expressly prohibited from using any Content without the express written consent of the Company. The Web Sites and all Contents are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Web Sites or any related software. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials.

User Comments, Feedback, & Other Submissions All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by the Web Sites or otherwise disclosed, submitted or offered in connection with your use of the Web Sites (collectively, the “Comments”) shall be and remain the Company’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Web Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Web Sites will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Acceptable Use You will not use the Web Sites to: Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Company, its principles or affiliates), anything that adversely affects the Company’s business such as discouraging any person or entity from advertising with, linking to or supplying Company, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Company’s sole discretion; (ii) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Web Sites, interferes with or disrupts the Web Sites or servers or networks connected to the Web Sites, or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Sites; (iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Web Sites, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Web Sites; or (v) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” requests for money, petitions for signature, or any other form of solicitation; Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity;

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Web Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
• Use or attempt to use another’s information, account, password, service or system except as expressly permitted;
• Solicit or collect personal data including without limitation, telephone numbers, addresses, last names, financial information, passwords, codes, or email addresses, about other users.

You represent, warrant and agree that you will comply with the above acceptable use policy.

To Other Websites and Services The Web Sites may contain links to other websites that are not affiliated with ever-eden.com or otherwise under the control of Company. Company has no responsibility for the linked websites nor does it necessarily endorse the linked websites. Evereden provides the links solely for the convenience and information of its Web Site users. Evereden has no legal liability under claims arising from the use of third party websites, nor does the Company make any representations or assurances as to products or services found on such third-party sites.

Programs and Promotions The Web Sites may contain or offer programs, sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the program, sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.

Disclaimer of Warranties THE WEB SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITES, ARE PROVIDED “AS IS,” “AS AVAILABLE, ” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITES; © THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITES; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITES OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEB SITES, ANY OF THE WEB SITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITES OR THE CONTENT. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

Disclaimers/Limitation of Liability YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITES, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITES OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITES' TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITES). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, VIDEO, FILM OR OTHER CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, VIDEO, FILM OR OTHER CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. YOU RECOGNIZE AND CONFIRM THAT THE WEB SITES DO NOT PROVIDE MEDICAL ADVICE, INFORMATION OR RECOMMENDATION OF ANY KIND AND COMPANY EXRPESSLY DISCLAIMS THAT IT IS PROVIDING ANY SUCH ADVICE, INFORMATION OR RECOMMENDATION. THE STATEMENTS ON THE WEB SITES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.

BY ACCESSING ANY OF THE WEB SITES, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING A RELEASE, AND WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE RELEASEE.

Indemnification You agree to defend, indemnify and hold Company and its affiliates and their respective officers, directors, employees, representatives and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web Sites.

Termination This Agreement is effective unless and until terminated by either you or Company. You may terminate this Agreement at any time. Company also may terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Web Sites, if in Company’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Company, you must promptly destroy all materials, downloaded or otherwise, obtained from the Web Sites, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Governing Law THESE TOU AND THE INTERPRETATION OF THESE TOU SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK , WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Jurisdiction and Venue You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms of Use and/or the Web Sites. Any controversy or claim arising out of or relating to these Terms of Use and/or the Web Sites shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section 17 of these Terms of Use and/or for entering any judgment on an arbitration award, shall take place in the State of New York. You waive the defense of forum non conveniens.

Privacy Policy

This Privacy Policy applies only to the web site(s) owned (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or controlled by Evereden, Eden Brands or any of its related, affiliated or subsidiary companies (“Company,” “we,” “our” or “us”) or other interactive features that are accessible or downloadable through the web sites owned or controlled by Company and that post a link to this Privacy Policy (collectively, the “Web Sites”). This Privacy Policy only covers information collected at the Web Sites, and does not cover any information collected at any other web site or offline by Company (unless specifically stated). The purpose of this Privacy Policy is to disclose to you what information we may collect on the Web Sites, how we may collect it, with whom we may share it, and certain other matters related to such information, including the choices you may have regarding our collection, use, and disclosure of such information.

Please read this Privacy Policy carefully. In addition, please review our Terms of Use, which govern your use of the Web Sites.

TYPES OF INFORMATION THAT MAY BE COLLECTED

The following are the types of information we may collect:

Web Site Usage Information & Device Identifiers We may receive and store certain types of web site usage information whenever you visit or interact with the Web Sites. For example, we may collect the page served, the time, the source of the request, the type of browser making the request, the preceding page view, other similar information and your IP address. We also may collect your IP address or some other unique identifier for the particular device you use to access the Internet, as applicable (collectively referred to herein as a “Device Identifier”). A Device Identifier is a number that is automatically assigned to your computer, your cell phone, or other device used to access the Internet, and our computers identify your device by its Device Identifier. We may associate your Device Identifier with the personal information you provide. When analyzed, web site usage information helps us determine how visitors arrive at the Web Sites, what type of content is most popular, and what type of visitors are interested in particular kinds of content and advertising.

Information You Provide Us We may ask you to provide us with two types of information: (1) personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, cell phone number, and physical address; and (2) demographic information, such as gender, zip code, or similar information. We may collect this information at various places and forms on the Web Sites, including registration forms for newsletters and other communications (e.g., whether by e-mail, mobile device, etc.), when you communicate or otherwise interact with us, when you submit information to us (whether or not the information is intended to be posted on the Web Sites), contests, or sweepstakes, surveys or voting or when you purchase a product or service through the Web Sites. You may also be asked to choose a user name and password in order to identify yourself during future visits to the Web Sites. Do not use your real name or the name of any other actual person as your user name. Providing us with information about yourself is your choice, and you can always choose not to provide certain information, but then you may not be able to take advantage of some of the Web Sites' features.

Information from Other Sources We may receive information about you from other sources; for example, we may obtain geographic or demographic information, or information regarding your possible interests, from third parties, or we may receive information from a marketing partner in connection with a co-branded web site or promotion. We may combine the information we receive from those other sources with information we collect through the Web Sites. In those cases, we will apply this Privacy Policy to any personal information received, unless otherwise specifically disclosed by us at the time you provide your personal information.

Send To A Friend If you send a friend a communication from the Web Sites, the information you provide (names, e-mail addresses, phone numbers, etc.) is used on a one-time basis to facilitate the communication and is not used for any other marketing purpose, unless we obtain additional consent.

HOW INFORMATION MAY BE COLLECTED

Cookies The Web Sites use standard technology called “cookies,” which are small data files that are transferred to your computer (or other Internet-accessing device) when you visit the Web Sites and allow your browser to accept cookies. Cookies automatically identify your web browser to the Web Sites whenever you visit the Web Sites, and may make navigating and using the Web Sites easier for you. Also, by tracking how and when you use the Web Sites, cookies help us determine which areas are popular and which are not. Many improvements and updates to the Web Sites are based on data obtained from cookies. Additionally, accepting cookies may allow you to, among other things, personalize your experience on the Web Sites. Cookies may also allow the Web Sites to present to you advertising that may be of interest to you as well as limit how often you see certain ads that may detract from your user experience on our Web Sites. If you do not want to allow information to be collected through the use of cookies, you can generally opt out of providing this information by setting your browser to reject cookies. However, please be aware that some areas of the Web Sites may not provide you with an acceptable user experience if you have disabled the use of cookies.

HOW WE USE THE INFORMATION COLLECTED 

The information you provide to us may be used to:

• Send you newsletter and/or other communications for which you have registered;
• Contact you about the Web Sites, including, without limitation, in our discretion to notify you of changes to this Privacy Policy, the Web Site’s Terms of Use, or other policies that affect your use of the Web Sites;*
• Confirm or fulfill an order you have made, including without limitation any purchase orders for any of the Company products*
• Provide special offers, coupons and/or promotional materials to you on behalf of us or third parties;*
• Contact you with regard to a sweepstakes, contest or promotion in which you have participated;*
• Authorize a purchase or complete a transaction that you have requested, i.e., to deliver the products or other services that you ordered, and, if necessary, to invoice you;
• Monitor or improve the Web Sites;
• Shared with third party affiliates and partners of the Web Sites
• Administer the Web Sites' systems and for other internal business purposes;
• Customize the advertising and content you see;
• Comply with and monitor compliance with our Terms of Use and other applicable agreements and polices; and
• For other purposes disclosed when you provide your information. Moreover, if you submit to Company and/or the Web Sites comments, photographs, videos, music, text or other content, it maybe published online or offline (including on-air, on a CD or DVD, through wireless distribution, and transmission of soft copies, or any other media or format currently existing or hereafter developed), and we may publish your name, voice, likeness and other personal information in connection with publishing the content or a portion of the content, and we may use the content and any excerpt from the content in connection with advertising, marketing, publicity and promotional activities. Please also see “Information You Submit” in our Terms of Use, which governs any content you submit through the Web Sites.

Please note that information submitted to the Web Sites via a “contact us,” or other similar mechanisms will not necessarily receive a response. We will not use any such information you provide to contact you for marketing purposes unrelated to your request.

WITH WHOM INFORMATION MAY BE SHARED Except as otherwise disclosed at the time you provide your information, the following outlines the ways in which your information may be shared with others:

Third parties providing services on our behalf We may employ third parties to perform functions on our behalf; examples include hosting or operating Web Sites, fulfilling orders for products and services purchased through the Web Sites, sending e-mail and/or other communications, providing wireless services, removing repetitive information from customer lists, data analysis, marketing assistance, credit card payment processing, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on the Web Sites' behalf.

Non-Personal Information We may share non-personal information, such as aggregate user statistics, demographic information, and web site usage information with third parties.

Sweepstakes, Contests and Promotions We may offer sweepstakes, contests, and other promotions through the Web Sites that may require registration. If you choose to enter a sweepstakes, contest or other promotion, your personal information may be disclosed to third parties in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. Also, by entering a promotion, you are agreeing to the official rules that govern that promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice and/or likeness in advertising or marketing associated with the promotion.

Business Transfers Company may share the information collected through the Web Sites with and among the Web Sites, and may share the information with its subsidiaries and affiliates. Company or any of it assets, including the Web Sites, may be sold, or other transactions may occur in which your personal information is one of the key business assets for the transaction. In such a case, your personal information may be one of the business assets we transfer. Hence, Company reserves the right to disclose and transfer user information, including personal information, in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our assets, or other corporate change.

Legal Protections and Law Enforcement We may disclose information about our users, including your personal information, in the event we are required to respond to subpoenas, court orders, legal process or other valid law enforcement measures; to comply with a legal obligation; at the request of governmental authorities conducting an investigation; to verify or enforce compliance with the policies governing the Web Sites and applicable laws; or to protect the legal rights, interests, or safety of the Web Sites, our users or others. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.

CHAT ROOMS, FORUMS, AND MESSAGE BOARDS 

The Web Sites may make chat rooms, forums and message boards available to its users. If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public in a chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas. Your use of chat rooms, forums and message boards is subject to our Terms of Use.

THIRD PARTY CONTENT AND LINKS TO OTHER WEBSITES 

When you are on the Web Sites you may be directed to other sites that are operated and controlled by third parties that are beyond our control. For example, if you “click” on a banner advertisement, the “click” may take you off the Web Sites onto a different web site. These other web sites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a web site that is linked from our Web Sites, you should consult that web site’s privacy policy before providing any personal information.

CONSENT TO TRANSFER 

The Web Sites are operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Web Sites or providing us with your information, you consent to this transfer.

SECURITY 

Company incorporates reasonable safeguards to help protect and secure your personal information. However, no data transmission over the Internet, or wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that Company cannot ensure or warrant the security of any information you transmit to Company via its Web Sites, and you do so at your own risk.

A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY 

The Web Sites are general audience web sites. We do not knowingly collect any personal information from children younger than the age of thirteen (13) on the Web Sites and we will delete any information later determined to be from a user younger than thirteen (13).

NOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACY POLICY 

By using the Web Sites, you acknowledge your agreement to the terms of this Privacy Policy. From time to time, Company may update this Privacy Policy. However, Company will use your personal information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy.

 

REFERRAL PROGRAM TERMS AND CONDITIONS

We reserve the right to remove any participant and their referrals without prior notice. If fraudulent behaviour is suspected, rewards will be given only after validating the referrals of participants for these cases. 

Self referrals will not receive credit.

Spamming or otherwise create bulk distributions of your referral code will result in immediate termination of our affiliate program without payment. This includes sharing it with code sites. 

Engaging in any actions that are designed to disrupt or undermine the program including actions that disparage or malign the reputation of the brand on social media will result in immediate termination of participation in our program without payment.

 

AFFILIATE MARKETING PROGRAM TERMS AND CONDITIONS

Introduction

Welcome to the Evereden Affiliate Marketing Program, powered by Social Snowball. This program is designed to reward our valued affiliates for referring new customers to our products and services. By participating in this program, you agree to comply with these Terms and Conditions. Please read them carefully.

Eligibility

1. To be eligible for participation in the Evereden Affiliate Program, applicants must be 21 years or older and have an active and valid method of payment reception.

2. Evereden reserves the right to approve or reject any application to the program at its sole discretion.

Program Participation

1. Affiliates will receive a unique referral code and/or link to share with potential new customers.

2. Commissions are earned on qualifying sales that are directly attributable to the affiliate's referral link.

3. Affiliates are responsible for ensuring their referral methods comply with all applicable laws and regulations.

Commission and Payments

1. Commission rates are subject to change at Evereden's discretion. Affiliates will be notified of any changes.

2. Payments of commissions are contingent upon the collection of funds from the referred customer. Returned or canceled sales will result in the deduction of the corresponding commission from the affiliate's balance.

3. All commissions are subject to review and verification by Evereden. This process is to ensure the integrity of the Affiliate Marketing Program and may include the delay or withholding of payment while an investigation is conducted.

4. Commissions deemed to be earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods, such as advertising on brand keywords on google or other search engines, will be voided. Affiliates who perform such activities may get banned from the program. 

5. Evereden reserves the right to withhold or delay payment of commissions pending an investigation of breach of these terms.

6. In order to qualify, referred orders need to be made through the private link each affiliate receives. This link is personal and cannot be shared with other affiliates. 

Coupon and Deal Sites

1. Posting on coupon websites, such as CouponBird and Honey, is strictly prohibited. Affiliates found to be sharing or allowing their codes to be posted on such sites will be subject to immediate termination from the program and forfeiture of any pending commissions.

2. Affiliates are encouraged to report any unauthorized use of their codes to Evereden for investigation.

Intellectual Property

1. Affiliates may not alter any brand assets provided by Evereden without prior written consent.

2. All promotional materials, including but not limited to images, logos, and slogans, must be used in a manner that is respectful and consistent with Evereden's brand guidelines.

Termination

1. Either party may terminate the affiliate relationship at any time with written notice.

2. Upon termination, the affiliate must cease all use of Evereden branding, promotional materials, and referral links or codes.

Limitation of Liability

Evereden will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.

Amendment

Evereden reserves the right to update and change these Terms and Conditions from time to time without notice. Continued participation in the program after such changes shall constitute your consent to such changes.

Agreement

By participating in the Evereden Affiliate Marketing Program, you agree to abide by these Terms and Conditions. You understand that violation of any terms may result in the termination of your participation in the program and forfeiture of any accrued commissions.

 

SUBSCRIPTION TERMS AND CONDITIONS

If you enroll in a subscription, you authorize recurring charges to your chosen payment method. You can modify or cancel your subscription through your account at any time prior to the next billing cycle.

Welcome to the terms and conditions ("Terms") for our subscription ordering program (“Subscription Service”). These Terms are between you and Eden Brands, Inc. and/or its affiliates ("Evereden", "we" or "us"), and govern your and our respective rights and obligations. The Terms constitute the entire agreement between you and Evereden Brands Inc. relating to Subscription Service. Please note that your use of the ever-eden.com website is also governed by our Terms & Conditions and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the ever-eden.com website, all of which (as changed over time) are incorporated into these Terms. By placing an order through our Subscription Service, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully. 

BENEFITS  

The Subscription Service benefits discussed on the Subscription Service details page are part of these Terms. We reserve the right to change the Subscription Service benefits, including the discount amounts and eligibility used to determine discount amounts, at any time in its sole discretion. All changes will apply to future orders, including for current subscriptions. 

Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, and shipping charges). If an item in your subscription is unavailable when we plan to ship it, we will notify you and provide you with other options or remove the out- of- stock item from your order. 

No other coupon codes, discounts, or reward certificates may be used with subscription orders. 

 Your Subscription Services subscription will automatically create a new order according to your chosen delivery schedule. Subscription customers authorize Evereden to automatically charge their selected payment method on the day the recurring order is created, until cancellation.  

We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you. 

ELIGIBLE PURCHASES 

Subscription Service benefits are limited to items displaying the Subscription Services offer. Subscription Service is only available to customers shipping to addresses in the United States. Your participation in the Subscription Service program is personal to you, and you may not assign or transfer your Subscription or any of the benefits to any third party without our authorization. 

Subscription Service discounts and any Subscription Service limited time special subscription promotions in effect apply only to eligible program products, and then only if you select the subscription delivery method. Subscriptions are good while supplies last. Special limited time promotions only apply during their effective dates. 

All returns under the Subscription Service program are subject to Evereden’s returns policy. Subscription Service subscriptions are void where prohibited. 

MANAGE YOUR SUBSCRIPTIONS 

You can manage or make changes to your subscriptions at any time, by logging into your Evereden account, clicking “subscriptions” and following the prompts (e.g., view the status of your subscriptions, change payment method). Any changes you make will be reflected in your next shipment, except for changes initiated while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), in which case they will be reflected after the current order has been completed. 

PAYMENT AND RENEWAL 

The total cost charged to your payment method for each Subscription Service order will be the cost of the item on the day that order is processed less the Subscription Service discount, plus any applicable sales tax. Any Evereden promotional credit balances on your customer account may be applied toward the balance of your order before charging any remaining balance to your payment method. 

The charge for each Subscription Service item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your order with the payment method you used to create your subscription, the shipment won’t be sent and we’ll contact you to update your payment method. Your shipment will be sent only when the payment is successful and we’re able to complete your order.  

Your subscription will remain in effect until it is cancelled. You can cancel at any time via your  Subscription Service products page, which can be found in your Account.   

If you cancel and re-subscribe, the Subscription Service product may not be the same discount in effect at the time of cancellation. If the Subscription Service discount percentage for such Subscription Service product changes, the new discount will be applied to your future shipments of that item. 

 
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal service notification. We will replace products and credit your account at our discretion.

 

EVEREDEN MESSAGING TERMS AND CONDITIONS

Cancellation

Help

Customer Care

Contact

Dispute Resolution

 

AGREEMENT CHANGES 

Evereden may, in our sole discretion, change these Terms, (including all applicable terms, conditions, limitations and requirements on the Ever-eden.com website), without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. 

Your continued participation after we change these terms constitutes your acceptance of the changes. If you do not agree to any changes, you must cancel your subscriptions.