EVEREDEN TERMS OF SERVICE

Effective Date: January 1, 2020
Last Updated: July 23, 2025

These Terms of Service (“Terms”) form a legally binding agreement between you and Eden Brands, Inc. (“Evereden,” “we,” “us,” or “our”) and govern your access to and use of www.ever-eden.com (the “Site”), including all related services, transactions, and digital interactions. By visiting the Site, making a purchase, or using any part of our Services, you agree to be bound by these Terms.

If you do not accept these Terms in full, you may not use the Site or Services. These Terms incorporate by reference our [Privacy Policy], [Returns Policy], and any additional terms presented during your use of specific features.

1. ELIGIBILITY & ACCEPTANCE

By using this Site, you represent that:

• You are at least the age of majority in your jurisdiction, or you have the consent of a parent or legal guardian;
• You are using the Site only for lawful purposes; and
• You are not prohibited from using the Site under any applicable laws.

We reserve the right to refuse service, suspend accounts, or cancel orders at our discretion.

2. MODIFICATIONS TO TERMS AND SERVICES

We may update these Terms from time to time. Changes will be posted with an updated effective date. Your continued use of the Site after any changes constitutes your acceptance of those revised Terms.

We may also modify or discontinue any portion of the Site, Services, or pricing without notice.

 3. PRODUCT AVAILABILITY AND PRICING

All product listings are subject to change without notice. We reserve the right to limit quantities, discontinue items, or adjust pricing and promotional terms at any time.  We reserve the right to cancel orders resulting from pricing or typographical errors, even if confirmed.

We strive for accuracy but do not guarantee that product descriptions, colors, or prices are error-free. We may correct any inaccuracies without prior notice.

4. ORDERING, BILLING & ACCOUNT INFORMATION

You agree to provide accurate, complete, and up-to-date information for all purchases made. We may cancel or limit orders at our sole discretion, especially if fraud, bulk purchasing, or violations of these Terms are suspected.

5. RETURNS AND REFUNDS

All returns and exchanges are governed by our [Return Policy], which is incorporated into these Terms. Refunds, where applicable, are issued to the original method of payment.

6. INTELLECTUAL PROPERTY

All content, design elements, and proprietary materials displayed on or accessible through the Site — including but not limited to text, product packaging, images, graphics, logos, taglines, color schemes, software code, and layouts — are the exclusive property of Evereden or its licensors. These materials are protected under U.S. and international copyright, trademark, and other intellectual property laws.

This includes, without limitation:

• Product designs and packaging;
• Brand names, trade dress, and visual identity;
• Marketing slogans and promotional copy; and
• Formulations, data, and proprietary methodologies.

No portion of the Site or Services may be copied, reproduced, reverse-engineered, distributed, or modified without Evereden’s prior written consent. Unauthorized use of intellectual property may result in civil and/or criminal liability.

7. USER CONTENT AND FEEDBACK

By submitting any content (e.g., reviews, testimonials, suggestions) to Evereden, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and display that content across any media, 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.

We may, but are not obligated to, monitor, edit, or remove content we deem unlawful, offensive, or in violation of these Terms.

8. THIRD-PARTY SERVICES

We may link to or integrate with third-party websites, tools, or services. These are not operated by Evereden, and we are not responsible for their terms, policies, or practices. Your use of any third-party service is at your own risk.

By using these features, you also agree to the respective terms of those services, which may differ from ours. These include providers such as payment processors, email and sms marketing platforms, and advertising networks, including Shopify, Klaviyo, Attentive, Yotpo, Zendesk, Meta, Tik Tok and Google.

9. RESTRICTIONS ON USE

You agree not to use the Site:

• For any illegal, fraudulent, or unauthorized purpose;
• To infringe on the rights of others, including privacy or intellectual property rights;
• To transmit malware, spam, or conduct phishing;
• To interfere with or circumvent Site security or functionality; and
• To access or scrape the Site via automated means without permission.

Violation of these rules may result in termination of your access.

10. DISCLAIMER OF WARRANTIES

The Site and all products and services are provided “as is” and “as available” without warranties of any kind, either express or implied. We disclaim all warranties including:

• Merchantability;
• Fitness for a particular purpose;
• Non-infringement; and
• Availability, accuracy, or reliability of content or functionality.

We do not guarantee uninterrupted or error-free service.  We do not guarantee any specific skincare results and disclaim liability for adverse reactions. Use products only as directed.

11. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Evereden shall not be liable for any indirect, incidental, punitive, or consequential damages, including loss of profits, data, or use, arising out of your use of the Site, Services, or any product.

In no event shall our total liability exceed the amount paid by you to Evereden within the past 12 months.  This limitation does not apply in cases of gross negligence, willful misconduct, or where prohibited by law.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Evereden and its officers, directors, employees, and agents from any third-party claim arising out of your breach of these Terms or your violation of applicable law or third-party rights.

13. TERMINATION

We reserve the right to terminate or suspend your access to the Site or Services for any reason, including but not limited to violations of these Terms. Upon termination, we may delete your account and related data, except as required by law. You remain responsible for all obligations incurred before termination.

14. SEVERABILITY

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

15. ENTIRE AGREEMENT

These Terms, along with any linked policies or legal notices, constitute the entire agreement between you and Evereden. They supersede any prior written or oral agreements.

16. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the State of New York, United States, without regard to conflict of laws principles. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County, NY.

17. SMS & EMAIL MARKETING (IF APPLICABLE)

By providing your phone number or email at checkout or through sign-up forms, you agree to receive marketing and transactional messages from Evereden. You may opt out at any time by replying STOP or clicking unsubscribe.

Message and data rates may apply. Message frequency may vary.

18. CHANGES TO THESE TERMS

You can always review the most current version of the Terms on this page. We reserve the right to revise these Terms at any time. Your continued use of the Site after changes are posted constitutes your acceptance.

19. CONTACT US

If you have questions or concerns about these Terms, contact:

📧 hello@ever-eden.com
📬 Eden Brands, Inc., 401 Broadway, Suite 2001, New York, NY 10013