Terms and Conditions of Use and Privacy Policy

By using the EverSun Health website you agree to abide by and acknowledge that you are bound by the terms and conditions (“Terms and Conditions”) set forth in this notice.

License
You are granted a non-exclusive, revocable, and limited license to access and use this website and its content in accordance with these Terms and Conditions.

Content
The information and content contained on or made available through this site is for information purposes only and is not intended to provide and does not constitute medical or healthcare advice. It is not intended to be a substitute for the advice provided by your physician or other medical professionals or any information contained on or in any product packaging or labels. You should consult with a qualified healthcare professional for advice regarding the diagnosis and treatment of any medical condition and before starting any vitamin, herbal or dietary supplement, nutritional, exercise or other medication program. You should carefully read all information provided by the product manufacturer or in the product packaging or labels before using any healthcare products. Your use of information available on or through this site is your own responsibility and at your own risk.

Changes
EverSun Health reserves the right to modify and amend the website and these Terms and Conditions at any time without notice. Any changes or amendments to these Terms and Conditions will be posted in this section of the website. You are advised to review these Terms and Conditions from time to time for any changes or amendments. Your continued access or use of the website shall be deemed to be your acceptance of any changes or amendments and the reasonableness of these standards for notice of changes.

Copyrights and Trademarks
All of the content included on this web site, including text, graphics, logos, buttons, icons, and images, is the property of EverSun Health or its affiliates, its licensors or its content suppliers, and is protected by U.S. and international copyright and trademark laws. The compilation (meaning the collection, arrangement and assembly) of all content on this web site is the exclusive property of EverSun Health and is protected by U.S. and international copyright laws. All software used on this site is the property of EverSun Health or its suppliers and is protected by U.S. and international copyright laws. Except as set forth below, you may not copy, publish, distribute, create derivative works of, modify, transmit, upload to an Internet website, transfer, or commercially exploit, in any form or by any means, any part of the content of this web site, or use this web site for any other purpose, without the express written consent of EverSun Health or the applicable licensor. The trademarks used on this website (“Trademarks”) are owned and are the exclusive property of EverSun Health or its suppliers and licensors. Any unauthorized use of the Trademarks is strictly prohibited.

Graphic and Image Use
Retail entities may use the EverSun Health graphics and images contained on this website only for the promotion and sale of the EverSun Health brand products on their own websites and in other promotional materials. Any use of the graphics and images shall indicate EverSun Health’s ownership and copyright of the graphics and images and any such use shall inure to the benefit of EverSun Health. EverSun Health will not be responsible or liable for any claims or promotional copy used in connection with the graphics or images. Any other use of the graphics, images or other content on this website is strictly prohibited.

Disclaimers and Limitations of Liability
THIS WEBSITE AND THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. EverSun Health DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE AND THE INFORMATION, SERVICES AND MATERIALS ON THIS WEBSITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY ITEM. IN NO EVENT WILL EverSun Health BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR ANY INFORMATION, GOODS OR SERVICES OBTAINED ON THIS WEBSITE, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF EverSun Health HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW. We do not warrant that this service will be uninterrupted, timely, secure or error-free. There may be delays, errors, defects, omissions, interruptions and inaccuracies in the information or other materials available on or through this website. EverSun Health is not responsible for the availability, content or accuracy of other websites that may be linked to this website. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded, or distributed in this website or available through links in this website. We reserve the right to correct any errors or omissions in this website. Although EverSun Health takes reasonable steps to prevent the introduction of viruses, worms, Trojan horses or other destructive materials to this website, we do not guarantee or warrant that this website or materials that may be downloaded from this website do not contain such contaminating or destructive properties. You understand and agree that any content, files or information downloaded or otherwise obtained through the use of this website is at your own discretion and risk and that EverSun Health is not liable for any damages or harm to your computer system or loss of data attributable to such content, files or information. If you rely on this website and any materials available through this website, you do so solely at your own risk. EverSun Health is not responsible for any errors or omissions or for the results obtained from the use of any information provided on this website.

Linking and Framing Prohibited
The establishment of any link between any other website and this website (or any content on this website) is strictly prohibited without the express, written consent of EverSun Health. Framing of any page or portion of this website is strictly prohibited.

Links to Third Party Websites
EverSun Health provides links to related websites to facilitate your ability to obtain information that may be of interest to you. EverSun Health is not responsible for the content, quality, safety, availability, completeness, accuracy, privacy policies, legality, or any other practices and policies of such websites. These links are provided simply as a convenience to you and should not be considered an endorsement by EverSun Health of these websites or of the companies who own them. Each entity to which a link is provided is responsible for the correctness, completeness, legality and accuracy of its own website. As such, EverSun Health makes no representation as to the accuracy or any other aspect of the information contained at such outside sites. When you click on one of the provided links, you are leaving this website to enter another site on the Internet. You hereby waive any claim you might have against EverSun Health with respect to these websites.

Privacy
EverSun Health gathers information through “cookies” which are small files of electronic information that allow the host to keep records of your website visits and personalize the website visit for you. EverSun Health also uses cookies for server diagnostic and website administration and maintenance purposes, for marketing and promotional purposes, to improve the website, to determine which areas of the website are used most often, to enhance your website experience, and to gather general demographic information. We may also use cookies to deliver content specific to your interests. Cookies are not used to report on or track you when you leave this website or any activities beyond this website. The forms on this website may require you to provide contact information, such as your name, address, e-mail address or other information, which, if you have given us permission to do so, will be used to send you information about our goods and services and promotional material from EverSun Health. We consider your information to be privileged and confidential and it will not be given to any third party except if required to do so by law, court order, or as required by other governmental or legal entities. In addition, EverSun Health may disclose information in special cases when there is a reason to believe that disclosure of the information is necessary to identify, contact or bring legal action against a person who may be causing injury to or interference (either intentionally or unintentionally) with the rights or property of EverSun Health, other visitors to this website, or anyone else potentially harmed by such activities.

Kids under 13: Do not send any information about yourself to us, including information like your name, address or e-mail address. In general, we do not knowingly collect personally identifiable information from children under 13. If, in limited circumstances, we do knowingly collect personally identifiable information from a child under the age of 13, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected any personal information from a child under the age of 13 without verification of parental consent, we will delete that information from our database as quickly as possible.

Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed under the laws of the State of Tennessee, USA without reference to its conflict of laws principles. All disputes arising out of or related to these Terms and Conditions, the services, or use of the website shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Tennessee, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.

Entire Agreement
This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of these Terms and Conditions by you shall be valid unless in writing and accepted by EverSun Health. The waiver of breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. THE USE OF THE CONTENT AVAILABLE THROUGH THIS SITE IS SUBJECT TO THE FOREGOING TERMS OF USE. BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE WEBSITE, YOU AGREE TO THE FOREGOING TERMS OF USE, NOTWITHSTANDING ANY OTHER AGREEMENTS INTO WHICH YOU MAY SEPARATELY ENTER. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, THE WEBSITE. The Terms and Conditions (as changed from time to time as provided herein) shall apply to each time you visit website.

Shipping & Delivery
It is our goal to ship all orders out in 1-3 business days. Orders typically ship the following business day after the order is placed. However, sometimes due to a large volume of orders, supply problems, or other unavoidable circumstances, we don”t meet that goal and it takes 3 or more days to get orders out our doors and on their way. Large wholesale orders may take up to 7 Business days to ship out.

Please note that we ship Monday through Friday, excluding US Government holidays. Orders placed on Friday, Saturday or Sunday, will most likely be processed on Monday or even Tuesday. It is possible that orders placed on Friday, could go out on Saturday, but that is at our discretion.

Once an order has been placed it cannot be edited or changed by either the customer or our our CS staff. The order can only be cancelled and a new order placed with the correct information. This can only happen if it has not begun processing by our shipping department.

Once an order is in processing by our shipping department, it cannot be cancelled. This includes any order which has already been shipped.

If your address cannot be verified by our address verification system, your order may be delayed while we contact you to confirm the address.

Refrigerated items are kept in the refrigerator until they are ready to be shipped. After the items are in transit, they are susceptible to shipping temperatures. EverSun Health does not use refrigerated packaging materials or ice packs. EverSun Health products are manufactured with high temperature shipping times in mind and are safe to use after a reasonable shipping time.

Once a package leaves our facility, it is in the hands of a shipping company and we have no control over it. Any time periods quoted by our website, the shipping company”s website or a representative of our company, are only estimates. We do not, and cannot, guarantee shipping times or arrival dates.

The customer is responsible for tracking shipments. In the event a shipment does not arrive, we need to be notified no later than 2 weeks from the recorded delivery date. In some instances the customer may be required to sign for a package, this is solely at the discretion of the shipping company.

After receiving a shipment, please check all contents against the packing slip before discarding box and packing material.

Shipping Within the Continental U.S.
Our lowest cost shipping option within the Continental United States, Hawaii, and Alaska, is our flat rate of $6.00. Your package will be shipped regardless of size or dollar amount ordered. When you select our flat rate shipping option, your package will be sent via US Postal Service or FedEx Ground. Our shipping department generally chooses the shipping method based on the size and the contents of the order.

EverSun Health uses FedEx and US Postal Service ONLY for all shipping. If for some reason you cannot receive FedEx or US Postal Service shipments, please contact us and we will attempt to work out another arrangement.

USPS Shipments generally take 2-10 business days for delivery depending on your destination.

FedEx Shipments generally take 2-5 business days for delivery depending on your destination.

FedEx Ground does not pickup or drop off on weekends, and any progress that your package may make across the country on weekends, is solely at the discretion of FedEx. Weekend days should not be excluded from any transit time quote.

Please note: US Postal Service and FedEx packages do not require a signature.

Shipping to APO and FPO
Orders shipped to APO and FPO addresses are charged a flat shipping rate of $6.00. For security reasons, these packages do not receive valid tracking numbers. All packages sent to APO and FPO addresses are sent via United States Postal Service.

International Shipping, All Countries except USA
International orders are shipped by International Postal Service (4-12 business days estimated shipping time, though some countries” postal services have taken 28 or more days).

Actual shipping costs will be charged to orders with addresses outside the Continental U.S. Shipping cost does not include insurance. EverSun Health is not responsible for the package once it leaves our warehouse.

Customers are responsible for any customs charges or taxes imposed by the destination country. We are not responsible for any delays this may cause. Customers also take responsibility that the products they are ordering can be legally imported into their respective country. If a shipment is returned to EverSun Health for failure to pay customs or product rejection by customs, the customer will be credited for their order less all shipping and handling. These charges include shipping to and from EverSun Health, where applicable. We reserve the right to have a package destroyed at customs if it is too expensive to return. Unpaid duties and taxes will be charged to the customers” account.

Please note: there may be some countries to which we are unable to ship due to Customs regulations.

Back ordered items
It is our policy not to place an order for items that we do not have in stock. In the event that an item you order is not in stock or has become discontinued after you have placed the order, you will be contacted by our customer service department. If this occurs, we will cancel the order and credit your account when necessary and the order may be placed again without the back ordered item.

Undelivered or Rejected Packages
If a package is returned after 3 delivery attempts, returned due to an incorrect/incomplete address, or refused at delivery, you will be refunded for the total amount of the order less shipping.

We reserve the right to change these policies as we see fit without prior notice.

Privacy & Security
In order to fulfill your order, your personal information gathered at checkout transmitted through a secure, encrypted connection and is stored on our server whether you create and account or checkout without an account. This server is located in a high security facility and protected by very, very good digital security. The information is not used for any other purposed than to fulfill your order and for some marketing (e.g., our regular catalogs). We do not give, trade, sell or otherwise share your information with anybody except as absolutely necessary in the course of servicing you.

Returns & Replacements
Defective and/or damaged products maybe returned within 60 days for a full refund of the purchase price. Please contact us prior to returning any item especially regarding any defective or damaged product or order. If for any reason you are not satisfied with any EverSun Health Labeled product, you may return the item within 60 days for a complete refund minus shipping. Ship to: EverSun Health, 3101 Lee Hwy, Ste 19, Bristol, VA 24202.

We recommend purchasing insurance on your shipment and delivery confirmation or some form of verification that the item is delivered. We are not responsible for any lost packages returned to us.

Payment, Pricing & Promotions
We accept VISA, MASTERCARD, and DISCOVER CARD. We also accept check or money order for MAIL ORDER ONLY! Those that want to pay by check or money order must submit their order along with the check or money order.