TERMS OF SERVICE AGREEMENT for Evergreen Orchard
INTRODUCTION AND AGREEMENT ACCEPTANCE
This digital service platform is administered and owned by Evergreen Orchard. References such as "we," "us," and "our" exclusively denote Evergreen Orchard. This website, its entire informational content, specialized tools, and integrated digital services, are extended to you, the user, contingent upon your unconditional acceptance of all protocols, stipulations, policies, and disclosures outlined in this document.
By accessing, browsing, or transacting business on our site, you are engaging with our "Service" and thereby enter into a legally binding agreement governed by the following terms and conditions (the "Terms of Service" or "Agreement"). This Agreement incorporates all referenced supplemental terms and policies. These Terms apply to all site users, including, without limitation, customers, vendors, merchants, content providers, and general browsers.
Your commencement of use or access to any part of this site constitutes full and informed acceptance of this Agreement. If any provision of these Terms is unacceptable, you must immediately discontinue use of the website and services. This offer of service is strictly conditioned upon your acceptance of only these specified Terms of Service.
Any future expansions or additions to the current electronic store's functionality or resources will be automatically subsumed under this Terms of Service Agreement. The prevailing version of these Terms is permanently accessible on this page. Evergreen Orchard reserves the right, at its sole discretion, to revise, amend, or replace any part of this Agreement by posting the updated version online. It remains the user's obligation to regularly review this page for changes. Your continued interaction with the site after any modification posting signifies formal acceptance of the revisions.
Our commercial operations are supported by the Shopify Inc. e-commerce solution, which provides the necessary platform for selling our goods and services.
CLAUSE 1 - E-COMMERCE OPERATIONAL MANDATES
By consenting to this Agreement, you formally attest that you have reached legal majority in your country of residence, or that you have attained legal majority and have provided us with permission for your minor dependents to use this site.
Our products are strictly prohibited from being utilized for any unlawful or unauthorized activity. Additionally, while using the Service, you shall not violate any local, state, or federal laws, including, but not limited to, infringement of intellectual property rights.
The deliberate transmission of any form of destructive code, including but not limited to malware or viruses, is a direct breach of this Agreement.
Failure to adhere to any provision within this Clause shall result in the immediate and irrevocable termination of your access to the Services.
CLAUSE 2 - GENERAL SERVICE PROVISIONS
We maintain the unqualified right to decline service provision to any individual, for any reason deemed necessary, at any time.
You recognize that content transfers (excluding encrypted credit card information) may occur unencrypted and may involve (a) routing over multiple public networks; and (b) necessary alterations to meet the technical specifications of connecting devices or systems. Financial transaction data (credit card information) will remain encrypted during network transmission at all times.
You agree not to duplicate, replicate, copy, trade, resell, or otherwise exploit any component of the Service, access to the Service, or any connection via the website through which the Service is rendered, without our explicit written consent.
The headings provided within this Agreement are purely for organizational clarity and convenience and possess no restrictive or interpretive effect on the substantive terms of the Agreement.
CLAUSE 3 - REPRESENTATIONS REGARDING DATA INTEGRITY
We assume no responsibility or liability if the data presented on this site is found to be incomplete, inaccurate, or non-current. All site material is intended for informational purposes only and should not be solely relied upon for making major decisions. Users are advised to seek out primary, reliable, and timely sources of information. Any reliance placed upon the content of this site is entirely at the user's risk.
This platform may contain historical data, which is inherently not current and is furnished for archive reference only. We reserve the full right to adjust the contents of the site at any time, without any corresponding obligation to actively update previous information. You acknowledge and accept the responsibility of monitoring the site for any forthcoming changes.
CLAUSE 4 - MODIFICATION OF PRICING AND SERVICE SCOPE
Product pricing is subject to revision without prior formal notification.
We reserve the unconditional right to amend or discontinue the Service (or any component thereof) at any time, without advance notice.
We shall not be liable to you, or to any third party, for consequences arising from any amendment, price change, service suspension, or termination of the Service.
CLAUSE 5 - PRODUCT AND SERVICE OFFERINGS
Specific products or services may only be available exclusively through the website. These items may be subject to inventory limitations and can only be returned or exchanged in strict compliance with our established Return Policy.
We have executed reasonable efforts to ensure accurate representation of the colors and images of products available in the store. However, we cannot guarantee the exact color fidelity displayed on your external computer monitor.
We reserve the right, but are not obligated, to impose limits on the availability or sales of our products or Services to any particular person, region, or jurisdiction. This right may be exercised on a discretionary basis. We also reserve the right to limit the quantities of any products or services offered. All descriptions of products, as well as their pricing, may be adjusted at any time without notice, at our exclusive discretion. We reserve the right to discontinue any product at any time. Any product or service offered on this website is deemed void where prohibited by law.
We do not provide any assurance that the quality of any purchased goods, services, information, or materials will meet your individual expectations, nor do we guarantee that any service deficiencies will be corrected.
CLAUSE 6 - ACCOUNT INFORMATION AND TRANSACTION ACCURACY
We reserve the right to decline processing any order initiated by you. We may, at our sole discretion, establish limits or cancel purchase quantities per household, per individual, or per order. Such restrictions may apply to orders originating from the same customer account, utilizing the same payment details, and/or sharing the same shipping or billing address. Should we need to modify or cancel an order, we will endeavor to contact you using the email address and/or phone number provided at the time of the transaction. We reserve the right to limit or refuse orders that, in our judgment, appear to be placed by unauthorized resellers, distributors, or dealers.
You covenant to supply complete, current, and accurate financial and account data for all transactions conducted at our store. You agree to promptly update necessary account information, including current email address, payment card numbers, and expiration dates, to ensure successful transaction processing and necessary communication.
Refer to our Return Policy for detailed information.
CLAUSE 7 - ACCESS TO DISCRETIONARY TOOLS
We may grant you access to external third-party tools over which we possess no monitoring, control, or input capabilities.
You acknowledge that access to these tools is provided strictly "as is" and "as available," without any accompanying endorsements, representations, warranties, or conditions of any kind. We explicitly disclaim all liability stemming from or related to your optional use of these third-party tools.
Your utilization of any optional tools provided via the website is entirely at your own risk and requires your discretion. You must ensure you are fully cognizant of and agree to the specific terms and conditions stipulated by the respective third-party provider(s).
We may, in the future, introduce new services and/or features through the website (including new resource releases). These future offers will also be subject to the stipulations of this Terms of Service Agreement.
CLAUSE 8 - EXTERNAL HYPERLINKS
The Service may incorporate materials, products, and services originating from third parties.
Third-party links embedded within the site may direct you to external websites not officially affiliated with us. We do not claim responsibility for assessing the accuracy or content of such third-party materials and accept no liability or warranty for external materials, websites, products, or services.
We shall not be held liable for any damages or losses associated with the acquisition or use of goods, services, content, or other transactions executed in connection with any third-party websites. You are required to review the third party's policies and procedures diligently prior to engaging in any transaction. All claims, concerns, or inquiries related to third-party products must be directed to the responsible third party.
CLAUSE 9 - USER CONTRIBUTIONS, FEEDBACK, AND SUBMISSIONS
If, whether solicited or unsolicited, you transmit specific submissions (e.g., creative concepts, contest entries) or other materials (collectively, "Comments") electronically, via postal service, or otherwise, you grant us an irrevocable, non-exclusive, perpetual license to publish, edit, copy, translate, distribute, and otherwise use the Comments in any medium. We are not required to (a) maintain the confidentiality of any Comments; (b) compensate for the use of any Comments; or (c) provide a response to any Comments.
We reserve the right, but have no obligation, to remove, edit, or monitor content that we determine, at our sole discretion, violates the intellectual property rights of any party or is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable.
You warrant that your Comments will not infringe upon any third-party rights, including trademark, copyright, privacy, or other proprietary rights. Furthermore, your Comments shall not contain abusive, unlawful, libelous, or obscene material, nor any malicious code or computer virus that could compromise the operation of the Service. You must not impersonate another person, use a deceptive email address, or otherwise mislead us or third parties as to the origin of the Comments. You bear sole responsibility for the accuracy and legality of all submitted Comments. We assume no liability for content posted by you or any third party.
CLAUSE 10 - GOVERNANCE OF PERSONAL INFORMATION
The handling and submission of personal information through the store are governed by the provisions of our dedicated Privacy Policy.
CLAUSE 11 - RECTIFICATION OF OMISSIONS, INACCURACIES, AND ERRORS
The site or the Service may occasionally contain typographical errors, omissions, or inaccuracies pertaining to pricing, product descriptions, promotions, shipping details, or availability. We maintain the right to correct any such errors, omissions, or inaccuracies, and to update information or cancel orders if any information on the Service is found to be inaccurate, without prior notification (even after an order has been submitted).
We assume no specific obligation to update, clarify, or amend information within the Service or on any related website, including pricing, except as explicitly required by governing law. The omission of a specific update or revision date should not be interpreted as an indication that all information has been amended.
CLAUSE 12 - RESTRICTED ACTIVITIES
In addition to other prohibitions within this Agreement, the use of this site and its content is strictly prohibited for:
We reserve the right to immediately terminate access to the Service or any affiliated website for any violation of these restricted activities.
CLAUSE 13 - EXCLUSION OF WARRANTIES AND LIABILITY LIMITATION
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, error-free, timely, or secure.
You agree that we shall be held harmless and indemnify us against any and all claims, damages, losses, liabilities, and costs (including but not limited to reasonable legal fees) arising from your use of the website or any breach of this Agreement.
CLAUSE 14 - INDEMNIFICATION PROVISION
You agree to defend, indemnify, and hold harmless Evergreen Orchard, including its parent company, officers, directors, subsidiaries, affiliates, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, against any claim or demand, including reasonable legal fees, made by any third party due to or arising from your violation of this Terms of Service Agreement, any documents incorporated herein by reference, or your infringement of any law or the rights of a third party.
CLAUSE 15 - SEVERABILITY
Should any provision of this Terms of Service Agreement be determined to be void, unlawful, or unenforceable, that specific provision shall nonetheless be enforced to the maximum extent permissible by law. The invalid portion shall be deemed separable from this Agreement, and this determination shall not compromise the validity or enforceability of any other remaining provisions.
CLAUSE 16 - TERMINATION OF SERVICE
The liabilities and obligations incurred by the parties prior to the date of termination shall survive the expiration of this agreement for all relevant purposes.
This Terms of Service Agreement remains effective unless and until terminated by either party. You may terminate this Agreement by formally notifying us that you wish to cease using our Services, or by simply ceasing all use of our website.
If, in our exclusive judgment, you breach, or are suspected of breaching, any provision of this Agreement, we may terminate this Agreement immediately without notice. You will remain liable for all amounts due up to the termination date, and we may concurrently withdraw your access to the Services (or any part thereof).
CLAUSE 17 - COMPLETE NATURE OF AGREEMENT
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of that specific right or provision.
This Terms of Service Agreement, together with any posted policies or operational rules, constitutes the full and exclusive understanding and agreement between you and us, governing your Service use. This Agreement supersedes all previous and contemporaneous proposals, communications, and agreements, whether written or oral (including all prior versions of the Terms of Service).
CLAUSE 18 - GOVERNING JURISDICTION
This Terms of Service Agreement, and any separate agreements under which we provide Services, shall be governed and interpreted in strict accordance with the laws of the United States of America.
CLAUSE 19 - AMENDMENTS TO THE AGREEMENT
You may review the authoritative and most current version of the Terms of Service on this specific page at any time.
We reserve the full right, at our sole discretion, to revise, replace, or update any part of this Agreement by publishing the changes on our website. Your ongoing access or use of the website following the dissemination of any amendments constitutes formal acceptance of the revised Terms.
CONTACT INFORMATION
Store Name: Evergreen Orchard
Address: 485 Hauser Avenue, Holbrook, New York 11741, United States
Email: info@evergreenorchard.com
Phone: +16313067732
Customer Service Hours: Monday-Friday 9:00 AM - 5:00 PM (EST)
We do the best we can to reply to your e-mail within 1-2 business days.
