EVEREDEN TERMS AND CONDITIONS

Effective Date: January 1, 2020

Updated: July 23, 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 (the ‘Website’), as well as all related services, content, features, and all purchases, subscriptions, automatic‑renewal programs, and transactions offered or facilitated by Evereden through the Website (collectively, the ‘Services’). These Terms are incorporated by reference into, and take precedence over any conflicting provisions in, the Evereden Terms of Service with respect to any purchase, subscription, or automatic‑renewal program.

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; and
• 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. Before you complete any subscription or automatic‑renewal purchase, we will clearly present the key terms of the offer, including the renewal frequency, the amount and manner of recurring charges, how to cancel, and you will be presented with a box to check at checkout to confirm your consent. After you complete such a purchase, we will send you a confirmation that includes these automatic‑renewal terms and practical instructions for cancelling online. By enrolling, you authorize recurring charges to your payment method unless you cancel prior to the renewal date. When you purchase a subscription you'll receive repeat deliveries. These are based on the subscription duration and frequency that you select. Your payment details will be stored securely and you'll be charged for each of these deliveries, unless you choose to pay in advance.
Some subscriptions may auto-renew at the end of their duration. If you don't want to renew a subscription you can cancel it.
If you want to cancel or change your subscription, you can do it at any time by visiting 'Manage Subscriptions' in your account at ever-eden.com or contacting us at hello@ever-eden.com. Your order confirmation emails have links to your order. Cancellations must be made at least two (2) days before your next scheduled shipment date and take effect for future renewals.
See our returns policy for more details on returns and refunds.

9. LOYALTY REWARDS PROGRAM

The Program and eligibility

Effective date: September 29th, 2026

Evereden Rewards (the "Program") is a free loyalty program operated by Eden Brands, Inc. ("Evereden," "we," "us," or "our"). Members earn points on eligible activity at www.ever-eden.com (the "Site") and redeem them for discounts and products.

By joining, you agree to these Program Terms, our Terms & Conditions, and our Global Privacy Policy. If these Program Terms conflict with the Terms & Conditions, these Program Terms control for the Program.

Who can join. The Program is open to individuals who:

• are at least 18 years old, or the age of majority where they live if higher;
• live in the United States; and
• create an account on the Site with a valid email address.

By joining, you confirm that you meet these requirements. The Program is for personal use only. Businesses, resellers, and employees of Evereden and its agencies are not eligible. Each person may hold one account. We may merge or close duplicate accounts.

Membership is not transferable. Points and rewards may not be sold, bartered, or shared between accounts.

Earning points

Members earn points for the activities below while signed in to their account.

• Purchase on the Site: 1 point per $1 of eligible spend for Insiders, 1.2 points per $1 for VIP members, and 1.5 points per $1 for Luxe VIP members. Subscription orders earn points the same way as other orders.
• Third subscription order: 100 bonus points on your third recurring subscription order.
• Create an account: 40 points, once per member.
• Sign up for marketing emails: 20 points, once per member.
• Leave a product review: 100 points, one per order.
• Follow @everedenbrand on Instagram: 5 points, once per member.
• Birthday: 50 points for Insiders, 75 points for VIP members, and 100 points for Luxe VIP members, once per year.

Eligible spend is the merchandise subtotal after discounts, promo codes, and redeemed rewards. It excludes tax, shipping, and gift card purchases. Purchases made at Sephora, Amazon, or any other retailer do not earn points.

When points post. Purchase points are added once the order ships. Activity points post after the activity is confirmed; review points post after the review is approved for publication.

Reviews. Review points are awarded for any honest review, positive or negative. Reviews must follow our review guidelines and reflect your own experience with a product you bought. We encourage you to note in your review that you received points for writing it.

Birthday points. Add your birthday to your account at least 30 days before it to receive birthday points that year.

Consent. Signing up for texts or emails is never required to join the Program or to make a purchase. You can unsubscribe at any time and keep points you already earned.

Membership tiers

Your tier is set by the points you earn in a rolling 12-month period. Redeeming points does not lower your tier.

• Insider (0–299 points): earn and redeem points; free standard shipping on orders of $49 or more.
• VIP (300–499 points): free standard shipping on all orders to the 48 contiguous US states; 1.2 points per $1 of eligible spend; a 75-point birthday gift; a 50-point welcome gift when you reach VIP; and access to members-only promotions.
• Luxe VIP (500+ points): free standard shipping on all orders to the 48 contiguous US states; 1.5 points per $1 of eligible spend; a 100-point birthday gift; a 100-point welcome gift when you reach Luxe VIP; and access to members-only promotions.

For Insiders and non-members, the $49 free-shipping threshold is measured after discounts are applied and before tax.

We review tier status frequently. If your points in the qualifying period fall below your tier's threshold, you move to the tier that matches your current total.

Redeeming points

Sign in and choose a reward at checkout. Discount rewards require a minimum merchandise subtotal, measured before tax and shipping.

• 100 points: $10 off orders of $59 or more.
• 150 points: $15 off orders of $79 or more.
• 200 points: $20 off orders of $89 or more.
• 250 points: $25 off orders of $99 or more.

Points may also be redeemed for travel-size products, merchandise, or full-size products when offered. Product rewards are subject to availability and may change without notice.

Limits.

• One reward per order.
• Rewards cannot be combined with other discount codes unless we say so.
• Rewards cannot be applied to past orders, gift cards, tax, or shipping.
• Rewards are valid on the Site only, not at Sephora, Amazon, or other retailers.
• Rewards cannot be exchanged for cash, credit, or gift cards.

Once redeemed, points are deducted from your balance.

Returns, adjustments, and expiration

Returns and cancellations. If you return or cancel an order, we deduct the points it earned. If that leaves a negative balance, future points will offset it first.

Returned orders that used a reward. A reward's value is not refunded as cash. Your refund covers the amount you actually paid. We may restore the points used, at our discretion.

Missing points. If points are missing, email support@ever-eden.com within 90 days of the purchase or activity. Include your order number.

Expiration. Points do not expire while your account remains open.

No cash value. Points and rewards have no cash value. They are promotional and are not property, a gift card, or stored value. They are not redeemable for cash, except where required by law.

Taxes. You are responsible for any taxes that apply to rewards you receive.

Conduct, fraud, and changes to the Program

Misuse. We may withhold or remove points, cancel rewards, or close an account if we reasonably believe a member has:

• opened multiple accounts or used others' accounts;
• earned points through fraud, bots, or purchases made for resale;
• posted fake, copied, or paid-for reviews;
• repeatedly returned items to earn and then reverse points; or
• otherwise broken these Program Terms or our Terms & Conditions.

Points lost for misuse are not reinstated.

Errors. We may correct any points or rewards credited in error, including from pricing or system errors.

Closing your account. You can leave the Program at any time by emailing support@ever-eden.com. Unused points and rewards are forfeited when your account closes.

Changes to the Program. We may change these Program Terms, point values, tiers, or rewards, or end the Program. We will post changes on this page and update the effective date. Where reasonably possible, we will give advance notice of changes that reduce the value of points you have already earned. If we end the Program, you will have at least 30 days to redeem earned points.

Privacy, liability, and contact

Privacy. We use your Program activity (purchases, points, tier, and birthday) to run the Program and personalize offers. Our loyalty provider, Yotpo, processes this data on our behalf. See our Global Privacy Policy for details and your privacy choices.

Children. The Program is for adults. We do not knowingly enroll anyone under 18. If you believe a child has joined, contact privacy@ever-eden.com and we will close the account. See our Children's Privacy Policy.

Disclaimer. The Program is provided "as is." We are not responsible for delays, technical failures, or errors that affect points or rewards, beyond correcting your balance. To the extent permitted by law, our liability related to the Program is limited to the value of the points in your account.

Void where prohibited. The Program is void where prohibited or restricted by law.

Disputes and governing law. These Program Terms are governed by the laws of the State of New York. Any dispute is resolved as described in our Terms & Conditions.

Contact. Questions about the Program: hello@ever-eden.com, or Eden Brands, Inc., 401 Broadway, Suite 2001, New York, NY 10013.

10. 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; or
• Interfere with the Website’s operation or attempt unauthorized access.

11. INTELLECTUAL PROPERTY RIGHTS

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

This includes, without limitation:

• Product designs and packaging;
• Brand names, logos, taglines, and visual identity;
• Marketing slogans and promotional copy; and
• Proprietary formulas, data, and methodologies.

EVEREDEN™, the EVEREDEN logo, and all related names, marks, and slogans are trademarks of Evereden. No portion of the Website or Services may be copied, reproduced, reverse-engineered, distributed, or modified without Evereden’s prior written consent.

12. 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.

13. 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.

14. USER SUBMISSIONS AND FEEDBACK

By submitting feedback, comments, reviews, or other 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.

User content must not include unlawful, offensive, or misleading material, including medical or therapeutic claims that violate applicable consumer protection or FDA regulations. Evereden reserves the right to monitor, edit, or remove content at its sole discretion.

15. 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.

We do not guarantee any specific skincare results and disclaim liability for adverse reactions. Use products only as directed. No information, oral or written, obtained by you from Evereden or through the Services shall create any warranty not expressly stated herein.

16. 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.

17. 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.

18. 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. For avoidance of doubt, ‘Disputes’ include any claims arising out of or relating to subscriptions, automatic‑renewal programs, promotional offers, or alleged failures to disclose or honor cancellation and renewal terms. 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.

19. OPT-OUT OF ARBITRATION

You may opt out of this arbitration agreement by sending a written opt-out notice to support@ever-eden.com or mailing 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; and
• A clear statement that you are opting out of binding arbitration.

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

20. 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.

21. CLAIMS DEADLINE

To the fullest extent permitted by applicable law, including local consumer protection laws, 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.

22. 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.

23. 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.

24. DMCA TAKEDOWN POLICY

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

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

Evereden will promptly investigate and, where appropriate, remove infringing material in accordance with the DMCA.

25. LANGUAGE VERSIONS

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

26. 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.

27. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Return Policy, promotional terms, and any other policies or disclosures referenced or linked herein, constitute the complete and exclusive agreement between you and Evereden governing your access to and use of the Website, Services, and any purchases made through the Website.

They supersede all prior and contemporaneous agreements, representations, or understandings, whether oral or written, relating to the subject matter hereof.
No oral statements or communications shall modify or amend these Terms unless made in writing and agreed to by authorized representatives of Evereden.

In the event of a conflict between these Terms and any other policy, these Terms shall prevail unless the other policy expressly states otherwise. Without limiting the foregoing, these Terms expressly supersede any conflicting provisions in the Evereden Terms of Service regarding dispute resolution, governing law, and forum with respect to any purchase, subscription, automatic‑renewal program, or other commercial transaction made through the Website.

28. 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.

29. 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.

30. 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.

31. 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.

32. NOTICES

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

33. ACCESSIBILITY

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

34. 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.

35. 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); and
• Non-discrimination for exercising these rights.

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

36. TERM AND TERMINATION

These Terms shall remain in full force and effect while you access or use the Website or Services. Evereden reserves the right to suspend or terminate your account or access to any portion of the Website at any time, for any reason or no reason, including but not limited to violations of these Terms, suspected fraud, or inactivity.

Upon termination:

• Your right to access and use the Services will immediately cease;
• We may delete your account and personal data, except as required by law; and
• Any obligations incurred prior to termination — including payment obligations, indemnification, and limitations of liability — shall survive.

37. CONTACT

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