TERMS OF USE

Welcome to www.evergreentlc.com. This website (the “Site”), together with the services, data, and content provided through this website (this website and the services, data, and content provided through this website are collectively referred to herein as the “Site”) are owned and operated by Ever-Green Tree Care, Inc., a Washington corporation (“Ever-Green”). These Terms of Use serve as the “Agreement” between you and Ever-Green regarding the Site, and provide important information to you, including information about your obligations with respect to the Site and the limitation of our liability to you. By accessing, downloading, or using any portion of the Site, you signify that you accept the terms of this Agreement. If you do not accept, then please do not use the Site.

  1. WHO CAN ACCESS THE SITE?

To access the Site, you must be: (i) at least 18 years old, and (ii) a resident of the United States. Minors (persons under the age of 18) are not eligible to use the Site unsupervised and we ask that minors do not access or use the Site or submit any personal information to us. By using the Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

Subject to the restrictions set forth in this Agreement, you may copy information from the Site only as necessary for your personal use to view, save, print, fax and/or email such information.

  1. LICENSE AND ADDITIONAL USE RESTRICTIONS

Ever-Green grants you a limited license to access and make use of the Site for the purposes permitted hereunder. You agree to not use the Site in any way that is unlawful, or that harms Ever-Green, its service providers, suppliers or any other user. You agree to not use the Site in any way that breaches the Privacy Policy set forth below or any other policy or notice relating to the Site. You agree to not impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, this Agreement does not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Site on third-party Web sites or otherwise. Crawling the Site is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any data for inclusion in another search site, content aggregator, or any other purpose is strictly forbidden without Ever-Green’s express prior written consent. You may not use any meta tags or any other “hidden text” utilizing Ever-Green’s name or trademarks without our express prior written consent.

Ever-Green may, from time to time in its sole discretion and without notice, modify, update, or discontinue the Site. Any unauthorized use of the Site terminates the permission or license granted to you by Ever-Green. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray Ever-Green, its affiliates, or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Ever-Green logo or other proprietary graphic or trademark as part of the link, or for any other purpose, without Ever-Green’s express prior written consent.

  1. COPYRIGHT COMPLAINTS

Ever-Green and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Ever-Green by clicking the following link: Contact Us.

  1. CONTENT AND OTHER INFORMATION

The Site attempts to be as accurate as possible. However, Ever-Green does not warrant that content included within the Site is accurate, complete, reliable, current, or error-free. Although Ever-Green attempts to provide information that is useful, Ever-Green cannot insure the accuracy of all of the information at all times, and you should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. Ever-Green assumes no liability for inaccuracies in the content on the Site.

  1. ADVERTISING; LINKS TO OTHER SITES

You understand and agree that the Site may include advertisements, and that these are necessary to support the Site. To help make the advertisements relevant and useful to you, Ever-Green may provide advertisements based on the information we collect from you or in relation to your interaction on the Site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. These links are provided solely as a convenience to you and not as an endorsement by Ever-Green of the contents on such third-party sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. You should carefully review their privacy statements and other terms of use. Ever-Green does not assume any responsibility or liability for the actions, product, or content of any third party.

  1. INTELLECTUAL PROPERTY

All content on the Site, including but not limited to editorial articles and guides, blog posts, company background information, emails, user reviews, and other data compilations, as well as graphics, logos and software, is the property of Ever-Green or its content or software suppliers, and is protected by United States and international copyright laws.

Except as otherwise expressly provided in this Agreement, no content may be copied without the expressed written permission of Ever-Green, which reserves all rights. The compilation of all content on the Site is the exclusive property of Ever-Green and protected by U.S. and international copyright laws. Copying or adapting the HTML that Ever-Green creates to generate its pages is prohibited. The HTML code also is covered by Ever-Green’s copyright.

Among the trademarks, service marks and trade dress owned by Ever-Green are: the company name, the Ever-Green character, company logos, and the “look” and “feel”, including the color combinations, button shapes, layout, and all graphical elements of the Site. Any use of Ever-Green’s trademarks, including company logos, requires Ever-Green’s permission. Please direct your inquiries by clicking the following link: Contact Us.

Ever-Green’s trademarks and trade dress may not be used in connection with any product or service that is not Ever-Green’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ever-Green. All other trademarks not owned by Ever-Green or its affiliates that appear on the Site are the property of their respective owners, who may or may not be connected to, or sponsored by Ever-Green or its affiliates.

Ever-Green does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names.  You agree to not send any original creative artwork, samples, demos, or other works to Ever-Green or any of its principals, agents, or representatives.  The sole purpose of this policy is to avoid potential misunderstandings or disputes when Ever-Green’s Site or marketing strategies might seem similar to ideas submitted to Ever-Green.  If, despite our requirement that you not send us your ideas and materials, you still send them, please understand that Ever-Green makes no assurances that your ideas and materials will be treated as confidential or proprietary.

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY EVER-GREEN ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVER-GREEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. IN ADDITION, SOME OF THE MATERIAL ON THE SITE IS PROVIDED BY THIRD PARTIES; EVER-GREEN SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EVER-GREEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. EVER-GREEN DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM EVER-GREEN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL EVER-GREEN BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (I) BREACH OF CONTRACT, (II) BREACH OF WARRANTY, (III) NEGLIGENCE, OR (IV) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN ANY EVENT, UNDER NO CIRCUMSTANCE WILL EVER-GREEN’S LIABILITY EXCEED THE SUM OF ANY PAYMENTS RECEIVED BY EVER-GREEN FROM YOU.

IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENT INCLUDED WITHIN THE SITE OR THIS AGREEMENT, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

  1. INDEMNITY

You agree to indemnify and hold harmless Ever-Green, its affiliates, and their respective directors, officers, employees, and agents from any and all causes of action, claims, costs, damages, demands, expenses (including reasonable legal expenses), liabilities and suits asserted by any third party due to or arising out of your breach of this Agreement, your use of the Site, or your violation of any law or the rights of a third party.

  1. CHANGES; DISCONTINUANCE

Ever-Green reserves the right to change the terms of this Agreement at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of this Agreement to the Site. Your continued use of the Site after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of any changes to this Agreement. You are responsible for regularly reviewing this Agreement. Ever-Green may alter, suspend or discontinue the Site at any time to you and/or to others, without notice.

  1. CHOICE OF LAW; DISPUTES

This Agreement is governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions.

Any claim or controversy arising out of or relating to the Site or to any acts or omissions for which you may contend Ever-Green is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in Spokane, Washington. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Ever-Green. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Spokane, Washington. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. Disputes will be barred from arbitration if such Disputes would be barred in a litigation proceeding under applicable statutes of limitation or repose.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Ever-Green, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Spokane, Washington. If either party employs attorneys to enforce any right in connection with any Dispute, arbitration proceeding, or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.

  1. RELEASE

You release Ever-Green, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Site. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

  1. GENERAL

If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Ever-Green may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Site. Any purported assignment, transfer, or sublicense by you will be void. Ever-Green’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Ever-Green with respect to the Site and supersedes all prior or contemporaneous communications of any kind between you and Ever-Green with respect to the Site.

  1. PRIVACY POLICY

Ever-Green is committed to protecting the privacy of users of the Site.

Collection of Information:

Ever-Green may collect information from users of the Site by logging user IP addresses and using “cookies” for site statistics. These practices allow Ever-Green to better understand, in aggregate, the preferences of its consumers and thereby create new content that better serves these preferences.

A cookie is a small electronic file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your computer. You can reset your browser to decline cookies or to provide a notification when a cookie will be placed on your computer. Although you are free to disable cookies on your browser, we recommend that you leave cookies activated to ensure that all features of the Site are available to you.

Sharing of Information

Ever-Green takes your privacy extremely seriously. Thus, Ever-Green has a strict policy against sharing individual user data with third parties, except in certain select instances. Ever-Green may disclose or exchange user information when required by law, or, if necessary, to protect the rights or property of Ever-Green or users of the Site.

Special Relationships

Some areas of the Site may be powered by third parties. These web pages, while having the Ever-Green “look and feel,” reside on the third party’s server and are governed by the privacy policies of such third party.

Security

Ever-Green has security measures in place to protect against the loss, misuse, and unauthorized alteration of the information under its control.

Compliance with COPAA

The Site is meant for adults. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can contact us by clicking the following link: Contact Us. Please mark your inquiries “COPPA Information Request.”

Contacting Ever-Green

If you have any questions, please do not hesitate to contact us by clicking the following link: Contact Us.