Terms & Conditions

Please read this statement before using any information on the website: evergreen-business.com

YOU AGREE THAT BY USING THE SITE, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

OWNERSHIP

This Site is owned and operated by Evergreen Business Solutions, LLC (hereinafter, “Evergreen”). All right, title and interest in and to the materials provided on this Site, including but not necessarily limited to information, documents, logos, graphics, sounds, and images (hereinafter, the “Materials”) are owned by Evergreen. Except as otherwise expressly provided by Evergreen, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of Evergreen’s intellectual property rights, whether by estoppel, implication or otherwise.

LINKS TO THIRD PARTY SITES

This Site may contain links to websites controlled by parties other than Evergreen (each a “Third Party Site”). Evergreen works with a number of partners, contractors, and affiliates whose sites are linked with Evergreen. Evergreen may also provide links to other citations or resources with whom it is not affiliated. Evergreen is not responsible for and does not necessarily endorse nor accept any responsibility for the availability, contents, products, services, or use of any Third-Party Site, any website accessed from a Third-Party Site, or any changes or updates to such sites. Evergreen makes no guarantees about the content or quality of the products or services provided by such sites. Evergreen is not responsible for webcasting, or any other form of transmission received from any Third Party Site, nor does it imply that Evergreen sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third-Party Site and agree that Evergreen is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third-Party Site if you have any concerns regarding such links or the content located on any such Third-Party Site.

DISPUTE RESOLUTION BY BINDING ARBITRATION

Please read this carefully. It affects your rights. Summary: Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing Evergreen at Hello@evergreen-business.com. In the unlikely event that Evergreen is unable to resolve your complaint to your satisfaction (or if Evergreen has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes first through mediation. If you and Evergreen are unable to resolve the dispute through mediation, both Parties agree, regardless of the nature of the dispute, that the dispute shall be submitted exclusively to final and binding arbitration or in small claims court rather than in a court of general jurisdiction.

Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted.

The arbitration shall be conducted pursuant to the then current contractual dispute resolution rules of the American Arbitration Association. To exercise a Party’s rights under this section, the moving Party must reduce to writing the details of any dispute and serve it upon the other Party.

Any failure to request arbitration in a timely manner based on applicable Arizona law shall constitute a waiver of all rights to raise any claims in any forum arising out of any dispute that was subject to arbitration.

The Parties shall agree on a single arbitrator who shall take evidence and issue a written award. If the Parties cannot agree within thirty (30) calendar days of the written notification of a dispute specified above, an arbitrator shall be chosen by the Parties by assembling a list of five (5) arbitrators.

The arbitrator shall be selected by the parties by alternately striking names from the list. The moving Party shall strike the first name. This process shall be completed within forty (40) calendar days of the date the written dispute was served on the opposing Party and/or the subsequent date arbitration is ordered by a court, whichever is sooner.

The Parties voluntarily agree arbitration shall be the exclusive, final, and binding remedy for any and all disputes, except as provided above, between the Parties hereto. The arbitrator shall only be authorized to exercise the powers specifically enumerated in this Agreement and to decide the dispute(s) in accordance with the governing principles of law and equity. The arbitrator shall have no authority to alter, amend, or modify the terms of this Agreement.

Should any party fail to appear or participate in the arbitration proceedings, the arbitrator may make a decision based on the evidence presented in the proceeding by the appearing party of the dispute. The arbitrator shall issue a written award within thirty (30) calendar days of the date the matter is submitted.

Judgment on the arbitration award may be entered in any court of competent jurisdiction. The adjudication of all disputes shall take place in Maricopa County – Scottsdale, Arizona unless the parties agree otherwise in writing. All costs associated with the arbitration shall be divided equally between the parties, except that each party shall bear its own expense for counsel and witness fees.

By using this Site you are agreeing to this binding arbitration provision, both you and Evergreen voluntarily surrender your/our rights to civil litigation, a trial by jury, and any associated rights of appeal. If you are not in agreement, you must immediately cease use of this Site.