This Order Agreement (“Agreement”) contains the terms and conditions of your order. Please take the time to review it before you place each order. We update this Order Agreement frequently and terms may have changed.

By placing an order with Evergreen Nutrition (collectively, “We,” “Our,” or “Us”), the purchaser (collectively referred to as “You,” “Your,” or “Yours” in this Agreement) enters into this binding Agreement. Additionally, your use of EvergreenNutrition.com (“Site”) is governed by our Terms of Use policy, and privacy policy.

This Agreement is important because it implicates your rights in any dispute arising from an order.

Choice of Law:
This Agreement will be governed by and construed in accordance with the laws of Oregon, excluding its conflicts of laws principles. All legal proceedings arising from, (a) placing or fulfilling Your order, (b) your use of the Site, (c) the content of the Site, or (d) the terms of this agreement, the Terms of Use Agreement, or our Privacy Policy must be brought in a court of competent jurisdiction in Lane County, Oregon. All legal claims must be brought within a year after the cause of action occurs, otherwise the claim is agreed to be barred.

Additionally, by accepting this Agreement you agree to submit to the personal and exclusive jurisdiction of the courts located within Lane County, Oregon.

Warranties:
To the full extent permissible by applicable law, Evergreen Nutrition disclaims all warranties; express or implied for the products it sells. Including, but not limited to, any implied warranties of merchantability or warranties of fitness for a particular purpose. While we will try to make appropriate recommendations on product selection, we are not medical professionals and cannot be relied upon as experts to prescribe or diagnose any illness, disorder, or condition. We are therefore unable to make any warranties for fitness of a particular purpose. All products are sold on an as-is basis.

The manufacturers or distributors of the products we carry may provide separate warranties or guarantees. This Agreement has no bearing on those separate warranties or guarantees.

You further agree that Evergreen Nutrition will not be held liable for any damages, including but not limited to incidental or consequential damages, arising from the use of our Site or from any information, materials, or products made available to you by this site, unless otherwise specified in a writing signed by both parties.

Some state laws do not allow limitations to be made on implied warranties or the exclusion or limitation of certain damages. If the disclaimers of warranties above are ineffective then you agree that damages will be capped at the total price of the order giving rise to the claim or cause of action.

Age Requirements:
You must be at least 18 to place an order, if you are under the age of 18 you will need have a parent or guardian over the age of 18 place the order for you.

Payment:
Payment is due before we can ship or process your order. We may place a temporary “hold” on your account to ensure that funds are available.

Risk of Loss:
All orders from Evergreen Nutrition are fulfilled by a shipment contract (i.e., FOB FedEx, FOB USPS). A shipment contract means that the risk of loss and title for the goods included in the order pass to you upon our delivery to the carrier.

If you have an issue with your order being damaged, or lost, please contact us immediately so that we can help you resolve the issue.

Integration:
This Order Agreement constitutes the full and complete agreement of the parties on all issues related to fulfillment and the sale of an order. The Order Agreement supersedes all prior or contemporaneous agreements, understandings, or negotiations, whether written or oral. To the extent that there is a conflict or contradiction between this Order Agreement and our Terms of Use or Privacy Policy, this Agreement’s terms shall govern.

As per our agreements with our vendors, we sell our products only to end-users and reserve the right to refuse to sell to resellers.

The Agreement may not be amended without the express written agreement of both parties.

Where this Agreement is silent on an issue, the parties agree to use terms from Our Terms of Use or privacy policy as gap fillers to resolve the issue.

Price and Cancellation Policy:
We make every effort to ensure that the pricing you see on our website is accurate, and that each product is described accurately. Unfortunately we cannot guarantee that the pricing or inventory levels on our site are completely accurate. On rare occasions, items may be mispriced or out of stock. If an order placed contains an item with a pricing error, or we are out of stock on an item we have no obligation to fulfill the order as placed. In the rare event that this happens, We will contact you to work out a solution.

We also reserve the right to refuse service, terminate accounts, or cancel orders for any reason at our own discretion. Additionally, some orders may require additional verification before we can ship your order.

Miscellaneous:
You may not assign or transfer your rights or obligations under the Order Agreement, in whole or in part, without our prior written consent from Us. Any attempted assignment in violation of this provisions will be null and void and of no force or effect. We may assign our rights and obligations under this Order Agreement freely at any time without notice. The Order Agreement will bind and adjust to the benefit of each party’s permitted successors and assigns.

If any part of this Agreement is found by a court to be unenforceable, the part will be reformed to reflect the drafting party’s intention, and will be modified only to the extent necessary to make the provision enforceable. In the event that part of this Agreement is found to be unenforceable, the remaining provisions of the Agreement will remain in full force and effect.

The terms of this Agreement will remain in effect for 5 years following the termination of this agreement by either party.

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