Terms & Conditions

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The Evergreen Evolutions Sites are an Internet property of Evergreen Evolutions, LLC (“Evergreen Evolutions,” “we,” “our,” or “us”). You agree to the following Terms of Use (“Terms of Use”) in their entirety, when you: (1) access or use the Evergreen Evolutions Sites; (2) interact with Evergreen Evolutions online; and/or (3) purchase products or services offered on the Evergreen Evolutions Sites (“Online Products”). Any and all other applicable Evergreen Evolutions operating rules, policies, price schedules, and other supplemental Terms and Conditions or documents that may be published from time to time are expressly incorporated herein by reference (collectively, the “Agreement”). By agreeing to this Agreement, you also acknowledge that you have read and understood our Privacy Policy. Please review the Agreement carefully. If you do not agree to the Terms and Conditions contained within the Agreement in its entirety, you are not authorized to use the Evergreen Evolutions Sites in any manner or form whatsoever.

1 – Definitions

The “Evergreen Evolutions Sites” means all areas and services offered or available on the interactive online service operated by Evergreen Evolutions, LLC, and/or its affiliates on the World Wide Web. The Evergreen Evolutions Sites consist of information, services, and content provided by Evergreen Evolutions, LLC, and/or its affiliates and/or third parties.

2 – General

Evergreen Evolutions shall have the right at any time to change or discontinue any aspect or feature of the Evergreen Evolutions Sites including, but not limited to, the content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions, or deletions shall be effective immediately without further notice thereof. Amendments to these Terms of Use may be given in a variety of means including, but not limited to, posting on the Evergreen Evolutions Sites a revised version of this Agreement or notification by electronic mail. Any use of the Evergreen Evolutions Sites after such notice shall conclusively be deemed to be acceptance of such changes, modifications, additions, or deletions. You agree to review these Terms of Use periodically to be aware of such revisions.

3 – Use of the Evergreen Evolutions Sites

A. The Evergreen Evolutions Sites contain copyrighted material, trademarks, and other proprietary information including text, software, photos, video, graphics, music, and sound, and the entire contents of the Evergreen Evolutions Sites are copyrighted as a collective work under the United States copyright laws. Evergreen Evolutions, LLC is the owner of the copyright in the entire Evergreen Evolutions Sites. Evergreen Evolutions owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in content original to that provider. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Evergreen Evolutions Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display, or commercially exploit any material from the Evergreen Evolutions Sites without the express permission of Evergreen Evolutions and, if applicable, the copyright owner. In the event of any permitted copying, redistribution, or publication of material from the Evergreen Evolutions Sites, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or copying copyrighted material.

B. The Evergreen Evolutions Sites may allow you to submit, or Evergreen Evolutions may solicit certain materials or information from you including reviews, comments, feedback, emails, videos, photographs, and other data or information (“Your Content”). You represent and warrant that (1) you are solely responsible for Your Content; (2) you are the owner of Your Content and have all rights necessary for Evergreen Evolutions to use Your Content as permitted in these Terms of Use; and (3) you hereby grant to Evergreen Evolutions and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, store, cache, distribute, perform, and display Your Content or to incorporate it in other works in any form, media, or technology now known or later developed. You agree that your reviews submitted to Evergreen Evolutions may be used in any form by Evergreen Evolutions for marketing purposes. You also grant Evergreen Evolutions the right to sublicense these rights in Your Content to others, which may result in “viral” content. You agree that Evergreen Evolutions may use third-party technology and service providers in connection with these rights. If your copyright-protected work was posted without authorization, you may submit a copyright infringement notification. Your notification should identify the work and where it is located, provide your contact information, state that you have a good faith belief that the work was posted without your permission and that your statements are accurate, and be signed. Please send your notification to:

Designated Agent
Evergreen Evolutions, LLC 7901 4th St N Ste 300 St. Petersburg, FL 33702
Phone: 844-399-7384
Email: [email protected]

C. All information you provide to Evergreen Evolutions shall be accurate, complete, and updated.

D. The Evergreen Evolutions Sites contain links to other websites, resources, and advertisers. Evergreen Evolutions is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products, or other materials made available on or through such external sites. Under no circumstances shall Evergreen Evolutions be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on such external site. You should direct any concerns to such external site’s administrator.

E. You agree not to take any action to interfere with the function or accessibility of the Evergreen Evolutions Sites or to take any action to restrict the access of others thereto.

F. The provisions of this Section 3 are for the benefit of Evergreen Evolutions, its affiliates, third-party content providers, and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.

G. Evergreen Evolutions has carefully designed the Evergreen Evolutions Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Evergreen Evolutions Sites in any way that interferes with that purpose. In particular, Evergreen Evolutions prohibits any party from displaying the content on the Evergreen Evolutions Sites in any format where third-party advertising or other materials that Evergreen Evolutions did not authorize in writing is viewed or viewable together with Evergreen Evolutions’ proprietary content.

H. Evergreen Evolutions is the only authorized seller of Evergreen Evolutions products. You agree that products purchased on the site are for personal use only and not purchased for resale in any location, on any other website, or on any other marketplace such as Amazon, Walmart, or eBay. If a customer violates these Terms of Use, the customer is no longer permitted to place orders with Evergreen Evolutions. Affiliates may lose their affiliate status for violating these Terms of Use, pursuant to Evergreen Evolutions’ affiliate partner Terms and Conditions.

4 – Disclaimer of Warranty; Limitation of Liability

A. YOU EXPRESSLY AGREE THAT USE OF THE EVERGREEN EVOLUTIONS SITES IS AT YOUR SOLE RISK. NEITHER EVERGREEN EVOLUTIONS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE EVERGREEN EVOLUTIONS SITES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE EVERGREEN EVOLUTIONS SITES OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCTS PROVIDED THROUGH THE EVERGREEN EVOLUTIONS SITES.

B. THE EVERGREEN EVOLUTIONS SITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED, DIRECTLY OR INDIRECTLY, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT EVERGREEN EVOLUTIONS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

D. IN NO EVENT WILL EVERGREEN EVOLUTIONS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE EVERGREEN EVOLUTIONS SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE EVERGREEN EVOLUTIONS OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 4 SHALL APPLY TO ALL CONTENT ON THE EVERGREEN EVOLUTIONS SITES. EVERGREEN EVOLUTIONS’ LIABILITY TO YOU, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU PAID TO EVERGREEN EVOLUTIONS.

E. EVERGREEN EVOLUTIONS NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE EVERGREEN EVOLUTIONS SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE BY USERS. UNDER NO CIRCUMSTANCES WILL EVERGREEN EVOLUTIONS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE EVERGREEN EVOLUTIONS SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE EVERGREEN EVOLUTIONS SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.

F. EVERGREEN EVOLUTIONS DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE EVERGREEN EVOLUTIONS SITES (WITH THE SOLE EXCEPTION BEING WRITTEN WARRANTIES PROVIDED IN CONNECTION WITH EVERGREEN EVOLUTIONS PRODUCTS) AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. EVERGREEN EVOLUTIONS MAKES PRODUCTS OR SERVICES AVAILABLE ON THE EVERGREEN EVOLUTIONS SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

G. NOTICE TO NEW JERSEY RESIDENTS: Your rights are protected under the Truth-in-Consumer Contract, Warranty, and Notice Act and New Jersey law generally. Nothing in these Terms and Conditions limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential, or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms and Conditions and New Jersey law, New Jersey law shall govern.

5 – Indemnification

You agree to defend, indemnify, and hold harmless Evergreen Evolutions, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the Evergreen Evolutions Sites, including claims by other users of your equipment, access, or membership.

6. Termination

Evergreen Evolutions shall have the right to immediately terminate this Agreement with respect to any user which Evergreen Evolutions, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 3, 4, 5, 6, 7, 8, and “Miscellaneous” shall survive termination of this Agreement.

7 – Trademarks

All trademarks appearing on the Evergreen Evolutions Sites are the property of their respective owners, including, in some instances, Evergreen Evolutions, and/or affiliated companies.

8 – Delivery, Title & Risk of Loss

All Online Products purchased from Evergreen Evolutions are made pursuant to a shipment contract with our carriers. That means that (1) delivery of the Online Products to you is made upon our delivery to the carrier, which occurs in the United States of America (FCA St. Petersburg, FL, Incoterms 2010), and (2) risk of loss and title for the Online Products purchased pass to you upon our delivery to the carrier.

9 – Messaging Terms & Conditions

You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from Evergreen Evolutions, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Evergreen Evolutions reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Evergreen Evolutions also reserves the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Evergreen Evolutions, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

Text the keyword STOP to 844-399-7384 to cancel. After texting STOP to 844-399-7384, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Evergreen Evolutions and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Evergreen Evolutions through any other programs you have joined until you separately unsubscribe from those programs.

This message program is a service of Evergreen Evolutions, LLC, located at 7901 4th St N Ste 300, St. Petersburg, FL 33702.

(a) General. In the interest of resolving disputes between you and Evergreen Evolutions in the most expedient and cost-effective manner, you and Evergreen Evolutions agree that any dispute arising out of or in any way related to these messaging terms and conditions (“Messaging Terms”) or your receipt of text messages from Evergreen Evolutions or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Evergreen Evolutions or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND EVERGREEN EVOLUTIONS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

(b) Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Evergreen Evolutions to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

(c) Arbitrator. Any arbitration between you and Evergreen Evolutions will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Evergreen Evolutions. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

(d) Notice; Process. If you or Evergreen Evolutions intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Evergreen Evolutions’ address for Notice is: 7901 4th St N Ste 300, St. Petersburg, FL 33702, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and Evergreen Evolutions will make good faith efforts to resolve the claim directly, but if you and Evergreen Evolutions do not reach an agreement to do so within 30 days after the Notice is received, you or Evergreen Evolutions may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Evergreen Evolutions must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

(e) Fees. If you commence arbitration in accordance with these Messaging Terms, Evergreen Evolutions will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Evergreen Evolutions for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Evergreen Evolutions agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Evergreen Evolutions made within 14 days of the arbitrator’s ruling on the merits.

(f) No Class Actions. YOU AND EVERGREEN EVOLUTIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Evergreen Evolutions agree otherwise in a signed 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.

(g) Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Evergreen Evolutions makes any future change to this arbitration provision, other than a change to Evergreen Evolutions’ address for Notice, you may reject the change by sending us written notice within 30 days of the change to Evergreen Evolutions’ address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Evergreen Evolutions.

(h) Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative, and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.

Subscribe & Save Program

Evergreen Evolutions is pleased to offer a Subscribe & Save Program for its Products. When you choose to enroll in our Subscribe & Save Program by selecting the Subscribe & Save option when placing an order for any Product (a “Subscription Order”), the following Terms apply. By placing a Subscription Order, you acknowledge and accept these terms, conditions, limitations, and requirements. Please read these Terms carefully.

Subscription Account

You must have a registered account with Evergreen Evolutions, a valid email address, and a credit card and/or debit card to participate in the Subscribe & Save Program.

Subscription Order Automatic Renewal

Our Subscribe & Save Program is an automatic, recurring subscription that begins as soon as your initial payment is processed. Your subscription will automatically renew (i.e., Evergreen Evolutions will automatically process your Subscription Order for shipment) and you will continue to be charged on a recurring basis according to the delivery frequency (i.e., 2, 3, 4, 5, 6, 7, or 8 months) you select at checkout until you cancel.

BY ENROLLING IN OUR SUBSCRIBE & SAVE PROGRAM, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES FOR AN INDEFINITE TIME, UNTIL DEACTIVATED BY YOU OR US, ON THE TERMS SET FORTH HEREIN.

Subscription Order Payment

Your Subscription order’s final total may vary due to changes in price, tax rates, and/or shipping costs. Your order total will include:

  • Sales tax, if applicable

  • Shipping and handling costs, if applicable

Please note that certain coupon codes may only be applied to your first subscription order. We do not accept coupon codes for subsequent orders. The purchase price for the Product included in your first Subscription order and all subsequent renewal orders could be discounted by up to 50% (before tax, shipping, and other costs, if applicable).

The charge for each Subscription Order will automatically be billed to the primary payment method used to place your initial Subscription Order or as otherwise provided by you. You authorize Evergreen Evolutions or its third-party payment processing provider to store your payment method and to automatically charge your payment method on a recurring basis according to the delivery frequency you select (i.e., 2, 3, 4, 5, 6, 7, or 8 months) until you cancel. YOU ACKNOWLEDGE AND AGREE THAT EVERGREEN EVOLUTIONS WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS.

Subscription Order Placement

The total cost charged to your payment method for each Subscription Order will be the total price of the item(s) in your Subscription Order on the date that order is processed less the applicable Subscribe & Save discount (described below), plus any applicable taxes and shipping (as applicable).

Subscribe & Save Discount – The total price of the Product(s) included in your first Subscription Order and all subsequent renewal orders will be discounted by up to 10% (before tax, shipping, and other costs, as applicable).

Credit card and debit card payment are the only valid payment methods accepted for Subscription Order payment under our Subscribe & Save Program. Store credit, gift certificates, checks, and Cash On Delivery or Bill Me Later will not be accepted.

The charge for each Subscription Order will automatically be billed to the primary payment method used to place your initial Subscription Order or as otherwise provided by you. You authorize Evergreen Evolutions or its third-party payment processing provider to store your payment method and to automatically charge your payment method on a recurring basis according to the delivery frequency you select (i.e., 2, 3, 4, 5, 6, 7, or 8 months) until you cancel. YOU ACKNOWLEDGE AND AGREE THAT EVERGREEN EVOLUTIONS WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. If your payment method fails, your order will not be placed; you will be notified that your Subscription Order payment has failed and you will need to update your payment information. Once your payment information is updated, your Subscription Order will be processed. If you fail to update your payment method and provide payment, we will suspend your subscription. To edit or update your payment information, you can login to your account, go to your Account Dashboard, click on “Manage Subscriptions,” and then click on “Billing” to update the payment method on file.

The Products available for the Subscribe & Save Program are based on a current price. We may change the price of a Product in your Subscription Order at any time, and we will notify you of any price increase with the option to cancel. If you do not agree with a price increase, you have the right to reject the increase by canceling your Subscription Order prior to the next auto-shipment date as described in the “Cancellation of Subscription” section below.

Subscription Order Notifications

A confirmation email will be sent to you after each Subscription Order is processed and shipped. You also will be notified via email (if opted-in) three (3) calendar days prior to the next auto-shipment date of upcoming charges for any subsequent Subscription Order. You will again be notified when payment for the subsequent Subscription Order has been processed.

Subscription Order Processing Times

If your Subscription Order auto-shipment date falls on a weekend or holiday, or on a date that the following month does not have (example: 31st), your Subscription Order will be processed on the next business day.

Changing or Modifying Subscription Orders

Subscribe & Save Program auto-shipments will be of the same Product or Products, at the same frequency and of the same quantity ordered at the time of checkout for your initial Subscription Order. You may change the Product or Products included in your subscription, adjust the quantity of the Product(s) you wish to receive, or modify the delivery frequency of your Subscription Orders at any time by logging into your account, going to your Account Dashboard, and clicking “Manage Subscriptions.”  You can also call our customer service team directly at 884-399-7384.

Pricing may change depending on the changes to the Product(s) or quantity of Product(s) included in your Subscription Order.

Cancellation of Subscription

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU MAY CANCEL YOUR SUBSCRIPTION TO ANY PRODUCT OR PRODUCTS OFFERED THROUGH THE SUBSCRIBE & SAVE PROGRAM AT ANY TIME BY LOGGING INTO YOUR ACCOUNT AND SELECTING TO CANCEL IN THE “MANAGE SUBSCRIPTIONS” SECTION. YOU MUST CANCEL WITH AT LEAST SEVENTY-TWO (72) HOURS’ NOTICE PRIOR TO THE NEXT AUTO-SHIPMENT DATE TO RECEIVE A FULL REFUND. IF YOU CANCEL AFTER THAT TIME FRAME, YOUR PAYMENT IS NON-REFUNDABLE, AND YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING APPLICABLE TAXES) INCURRED WITH RESPECT TO ANY ORDER IDENTIFIED AS OUTSTANDING PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.

To cancel your subscription, you may do so through your online account by logging into your account, going to your Account Dashboard, clicking on “Manage Subscriptions”, then clicking “Cancel” under actions on the desired Product you wish to unsubscribe from.

In the event you cancel your subscription, please note that we may still send you promotional communications about Evergreen Evolutions, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

Formula Changes for Products in Subscription Orders

Evergreen Evolutions is committed to constantly innovating its Products and from time to time will update a Product’s or Products’ formula. In the event of such an update, your Subscription Order will continue as before except that the Product or Products will be replaced with the new formula Product or Products. You will not be notified separately of this change before a subsequent Subscription Order is processed and shipped. The new formula Product or Products will continue for all subsequent Subscription Orders unless you choose to remove this item from your subscription.

Miscellaneous

This Agreement and any operating rules for the Evergreen Evolutions Sites established by Evergreen Evolutions constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws rules. Any dispute arising under or relating to this Agreement or any Evergreen Evolutions Site shall be brought in state or federal courts in St. Petersburg, Florida, and you hereby irrevocably consent to the jurisdiction of such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You also give full permission to Evergreen Evolutions to charge other accounts provided on items purchased and not paid for. The section headings used herein are for convenience only and shall not be given any legal import. Charges on your credit card statement will appear as “evergreen evolutions” or similar variation that includes the word “evergreen”.