Terms of Service

These Terms of Service (the "Terms") govern access to and use of the Evergreen Comply website, training platform, courses, downloadable materials, and related services (collectively, the "Services"). By creating an account, purchasing seats, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree, do not use the Services.

Evergreen Comply, LLC ("Evergreen Comply", "we", "us", or "our") may update these Terms as described in the "Changes" section below. Your continued use of the Services after any update constitutes acceptance of the revised Terms.

1. Services and Accounts

We provide online training content, learning management tools, compliance documentation, and related support intended for employers and workers who require hazmat, safety, and regulatory training.

• Accounts must contain accurate contact, company, and learner information.
• You are responsible for maintaining the confidentiality of login credentials and for all activity that occurs under your account.
• We may contact you by email, phone, or SMS regarding orders, support, renewals, or compliance updates consistent with applicable telemarketing and privacy laws. You can opt out of marketing messages at any time.

2. Orders, Pricing, and Payment

• Course pricing, bundle offers, and promotions are shown at checkout and may change prospectively.
• Payments are processed through third-party providers such as Stripe. By submitting payment details, you authorize Evergreen Comply and its processors to charge the method you provide for all purchased seats, renewals, and agreed services.
• Taxes, duties, or government fees will be added where required. You are responsible for any taxes not collected at checkout.
• Seat purchases are generally non-refundable once training content is accessed, except where we are required by law to provide a refund or where a separate written agreement states otherwise.

3. Certificates and Compliance Documentation

Evergreen Comply issues digital certificates, audit packets, and training logs upon successful course completion. We make commercially reasonable efforts to align course content with current federal and state regulatory requirements and industry best practices. However:

• You remain solely responsible for determining whether a course satisfies the requirements applicable to your organization, industry, or jurisdiction.
• Regulatory standards may differ by region and can change without notice. You should review course materials regularly and consult qualified professionals or regulators as needed.
• Certificates verify completion of Evergreen Comply coursework only. You must ensure employees receive any additional training, supervision, or qualifications mandated by law or by your internal policies.

4. Customer Responsibilities

• Distribute seats only to authorized personnel and monitor learner progress.
• Provide complete and accurate roster details, including legal names, to ensure certificates are valid for inspectors and auditors.
• Ensure workers complete training within required time frames and maintain on-site records in accordance with applicable regulations.
• Use the Services in accordance with all laws, including export control, anti-corruption, and workplace safety rules.

5. Acceptable Use

You agree not to:

• Copy, reproduce, or distribute course content except for internal training and record-keeping.
• Reverse engineer, interfere with, or attempt unauthorized access to the platform or related systems.
• Use the Services to deliver unlawful, harmful, or deceptive content.
• Allow third parties outside your organization to share credentials or reuse seats without our consent.

We may suspend or terminate access for violations of these Terms or any applicable law.

6. Intellectual Property

The Services, including all course videos, assessments, text, graphics, logos, and software, are owned by Evergreen Comply or our licensors and are protected by intellectual property laws. No rights are granted except the limited, non-exclusive, non-transferable license to access and use the Services for your internal business training needs pursuant to these Terms.

7. Confidentiality and Data Protection

We will handle personal data submitted through the Services in accordance with our Privacy Policy. Each party must protect the other party’s confidential information and use it solely to fulfill these Terms. Confidential information does not include information that is public, received from a third party without restriction, or independently developed without reference to the other party’s confidential information.

8. Support and Service Availability

We provide support via email, chat, phone, or SMS during posted business hours. We strive to maintain a secure and available platform but do not guarantee uninterrupted access. Planned maintenance or unexpected outages may affect availability. We will communicate material interruptions whenever practical.

9. Cancellations, Expirations, and Renewals

• Unused seats typically expire 12 months from purchase unless described differently in writing.
• We may, at our discretion, extend expiration dates or transfer seats if requested before they expire.
• If you believe we made a billing error, contact us within 30 days. We will review the issue and correct confirmed errors.

10. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC COMPLIANCE REQUIREMENTS OR THAT COMPLETING A COURSE GUARANTEES REGULATORY APPROVAL.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERGREEN COMPLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR PROCUREMENT COSTS. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE AMOUNTS YOU PAID TO EVERGREEN COMPLY FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT.

12. Indemnification

You agree to indemnify and hold Evergreen Comply, its affiliates, and their respective officers, employees, and agents harmless from any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, violation of these Terms, or violation of applicable law.

13. Third-Party Services

The Services may integrate with or reference third-party platforms, such as payment processors, identity providers, or communication tools. Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party services and do not control their actions.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Colorado, U.S.A., without regard to conflict of law principles. The parties will first attempt to resolve any dispute informally. If we cannot resolve a claim within thirty (30) days, the dispute will be brought exclusively in the state or federal courts located in Denver, Colorado, and the parties consent to personal jurisdiction in those courts. Nothing prevents either party from seeking injunctive relief to protect its intellectual property or confidential information.

15. Changes to These Terms

We may update these Terms to reflect changes in our Services or business requirements. When we make material updates, we will post the revised Terms and update the effective date at the top of this page. If you continue using the Services after changes take effect, you agree to the updated Terms.

16. Contact

Questions about these Terms? Contact Evergreen Comply at support@evergreencomply.com or call or text (970) 919-0034 or text us during business hours.