Terms of Service

These Terms of Service, together with the other documents referenced or linked below (“Terms of Service” or “Terms”), describe your rights and responsibilities as a user of the Eversprout.ca site (“Site”) and related information, tools and services (collectively, the “Services”), including the availability of products (“Products”), offered by Eversprout LLC, its subsidiaries and affiliates (collectively, “Eversprout”) through the Site or otherwise.  In this Agreement, the terms “we”, “our” and “us” refer to Eversprout and the terms “you” and “your” refer to a user.  The Terms apply to all users of the Site, including without limitation, users who are browsers, vendors, customers, merchants, or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site or purchasing a Product from us, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions in these Terms of Service, then you may not access the Site, purchase our Products or use any of our Services.

Any new features or tools which are added to the current Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence.

You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL TERMS AND OWNERSHIP

We reserve the right to refuse to provide Services to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.  In all cases, where we deal with personal information, we will comply with our Privacy Policy.

These Terms provide only a limited and revocable license to access and use the Site.  Accordingly, Eversprout does not transfer any ownership or intellectual property interest or title in and to the Site, Products or Services to you or anyone else in connection with your use of the Site.  All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site and rights to all of the Products featured on the Site (collectively, the “Materials”) are exclusively owned, controlled, or licensed by Eversprout. 

Names, logos, marks, and icons identifying Eversprout, such as “Eversprout”, or the Services are owned exclusively by Eversprout, and any use of such names, logos, marks and icons without the prior express written permission of Eversprout is hereby expressly prohibited.  Other trademarks or service marks identified on or through the Site may be the trademarks or service marks of third parties.  No part of the Services or purchasing the Products will be construed as granting any license or right to use any trademarks (whether by implication or otherwise), including our trademarks, except with our express written permission or such other party that may be the owner thereof. 

The Materials are protected under copyright, trademark and other laws of Canada and other countries, and Eversprout owns all copyright in the selection, co-ordination, arrangement and enhancement of the Materials. Any use of any of the Materials (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above.  Other than to place order for the Products on our Site, you shall not access or use for any commercial purposes any part of the Site or any of the Services, Products or materials available through the Site.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. Occasionally, there may be information on our Site or in our Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.

SECTION 4 - PRODUCTS AND SERVICES

In some cases, we may use a third party e-commerce platform to sell our Products and Services to you.    By creating a customer account on our Site or otherwise placing an order for the Products on our Site, you shall pay all fees, applicable taxes and charges (including shipping charges) charged to your customer account or to you in accordance with the billing procedures in effect when you place your order.  The price of Products, Services and delivery charges are set out on the Site and are subject to change without notice, but no changes will apply where we have accepted your order and sent you a confirmation of our acceptance. You are responsible to pay all charges for any and all orders placed under your customer account or in your name.  For information on shipping and returns, see our Shipping Policy and our Refund Policy

We reserve the right at any time to modify or discontinue providing the Products or Services (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third party for any such modification, price change, suspension or discontinuance of our provision of the Products or Services.

We have made every effort to display as accurately as possible the colors and images of our Products that appear on our Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or the provision of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or the Services made on this Site is void where prohibited.

We do not warrant that the quality of the Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services or the Site will be corrected.

SECTION 5 - PAYMENT TERMS; ACCURACY OF BILLING AND ACCOUNT INFORMATION

Full payment is required to be made upon successful submission of an order for Products, after which orders will be dispatched as communicated in fulfillment and shipping details. The payments may also include special fees or billing charges, shipping taxes and other applicable charges.

We reserve the right to refuse any order for Products that you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For information on refunds, please review our Refund Policy.

SECTION 6 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 7 - THIRD-PARTY LINKS, LINKING TO OUR SITE AND SOCIAL MEDIA FEATURES

Certain content, products and services available via our Services may include materials from third parties.  Third party links on this Site may direct you to third party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or Sites, or for any other materials, products, or services of third parties.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you shall not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Site may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain content on the Site;
  • send e-mails or other communications with certain content, or links to certain content, on the Site; or
  • cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you shall not:

  • establish a link from any website that is not owned by you;
  • cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • link to any part of the Site other than the homepage; or
  • otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Service.

You shall ensure that the website from which you are linking, or on which you make certain content accessible, complies in all respects with these Terms.  You shall cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise or you submit content to the Site or through social media platforms (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove comments that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

By submitting comments to the Site, or to us through social media or otherwise, you represent and warrant that you are the sole author and owner of the intellectual property rights in the comments and that you waive all moral rights in such content.  You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Site. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 SECTION 9 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site. We reserve the right to terminate your use of the Services or the Site for violating any of the prohibited uses.

SECTION 10 - DISCLAIMER OF WARRANTIES

The Site, the Materials and the Services are provided “as is”, “where is”, “as available”, without representations or warranties of any kind by Eversprout.  TO THE FULLEST EXTENT PERMITTED BY LAW, EVERSPROUT, ITS DIRECTORS, OFFICERS, EMPLOYEES,AGENTS, CONTRACTORS AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE SERVICES, AND THE MATERIALS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR THAT ANY PARTICULAR RESULT BE OBTAINED THROUGH USING THE SITE, THE MATERIALS OR THE SERVICES.  Without limiting the foregoing, we do not represent or warrant that the Site, the Services or the Materials are accurate, complete, reliable, useful, timely or current or that the Site will operate without interruption or error.  We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to, use of, or browsing on the Site, or inability to do any of the foregoing.

This clause is not applicable to Quebec consumers.  ALL PRODUCTS PURCHASED THROUGH THE SITE ARE SUBJECT ONLY TO WARRANTIES EXPRESSLY PROVIDED BY EVERSPROUT.  WITHOUT LIMITING THE FOREGOING, EVERSPROUT SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE, MISUSE, OR IMPROPER SELECTION OF THE PRODUCTS, AND NON-COMPLIANCE WITH PROVIDED DIRECTIONS. EVERSPROUT DOES NOT WARRANT THAT ANY OF THE PRODUCTS WILL MEET YOUR EXPECTATIONS. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 11 – LIMITATION OF LIABILITY

This section does not apply to Quebec consumers with respect to purchase and sale of Products.

 

Your use of the Site, Services, Materials and Products purchased on the Site are undertaken at your own risk. 

 

Under no circumstances will Eversprout or any directors, officers, employees, agents, contractors and suppliers of Eversprout, be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Site, the Materials, the Products available on the Site, your reliance on the Site, the Services, and the Materials, or any consequences flowing therefrom.  Eversprout is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING THE FOREGOING, THE ENTIRE LIABILITY OF EVERSPROUT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO EVERSPROUT FOR ANY OF THE PRODUCTS OR SERVICES PURCHASED ON THE SITE. 

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  TO THE EXTENT THAT EVERSPROUT CANNOT DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, THE EXTENT OF EVERSPROUT’S LIABILITY SHALL BE THE MINIMUM AMOUNT PERMITTED UNDER APPLICABLE LAW.


SECTION 12 – INDEMNIFICATION

You shall indemnify and save harmless Eversprout and all directors, officers, employees, agents, contractors and suppliers of Eversprout from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Site, the Services, the Products or the Materials, your breach of these Terms or your violation of any law or the rights of a third party

SECTION 13 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. The following provisions will survive termination of the Terms : Sections 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16.


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site or Services (or any part thereof).

 

SECTION 15 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect of the Products and Services constitute the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 16 - GOVERNING LAW

This section is not applicable to Quebec consumers with respect to purchase and sale of Products. The laws of the State of Washington, USA will govern these Terms of Service and any disputes under them, without giving effect to any principles of laws.

This section is not applicable to Quebec consumers with respect to the purchase and sale of Products.  Any controversy or claim arising out of or relating to these Terms of Service shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in King County, Washington, USA. Any arbitration award may be entered in a court of competent jurisdiction.

SECTION 17 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@Eversprout.com.

 

Last modified:  July 25, 2022