Evergreen Comply Terms of Service
Last Updated: 12/30/2025
These Terms of Service (“Terms”) govern access to and use of the Evergreen Comply website, training platform, courses, downloadable materials, learning management tools, and related services (collectively, the “Services”) operated by Evergreen Comply, LLC, a California limited liability company (“Evergreen Comply,” “we,” “us,” or “our”).
By creating an account, purchasing seats, launching a course, or otherwise accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
If you access or use the Services in connection with your employment or on behalf of an organization, these Terms apply to you individually, regardless of whether your employer or organization is separately bound.
1. Services and Accounts
Evergreen Comply provides online training content, compliance-oriented courses, learning management tools, documentation, and related support intended for employers and workers who require safety, regulatory, or compliance training.
You agree to:
- Provide accurate and complete account, company, and learner information
- Maintain the confidentiality of login credentials
- Be responsible for all activity occurring under your account
We may communicate with you by email, phone, or SMS regarding orders, support, renewals, service notices, or compliance-related updates, consistent with applicable privacy and telemarketing laws. You may opt out of marketing communications at any time.
2. No Legal Advice; No Guarantee of Compliance
The Services are provided for educational and informational purposes only and do not constitute legal advice, regulatory advice, or compliance consulting.
Completion of any course or issuance of any certificate does not guarantee compliance with any federal, state, or local law, regulation, or standard. Regulatory requirements may vary by jurisdiction, role, industry, and time.
Determining whether training satisfies applicable legal or regulatory requirements is the sole responsibility of the employer or organization.
3. Use on Behalf of an Employer or Organization
If you access or use the Services as part of your job duties or on behalf of an employer or organization, you represent that you are acting within the scope of your role.
Your employer or organization remains solely responsible for:
- Compliance with applicable laws and regulations
- Training assignments and job-role determinations
- Supervision, qualification, and record-keeping obligations
Evergreen Comply does not assume responsibility for employer compliance decisions or regulatory interpretations.
4. Orders, Pricing, and Payment
Course pricing, bundles, and promotions are displayed at checkout and may change prospectively.
Payments are processed through third-party payment providers such as Stripe. By submitting payment information, you authorize Evergreen Comply and its payment processors to charge the provided payment method for all purchased seats, renewals, and agreed services.
Seat purchases are generally non-refundable once training content is accessed, except where required by law or where a separate written agreement states otherwise. You are responsible for applicable taxes not collected at checkout.
5. Certificates and Compliance Documentation
Upon successful course completion, Evergreen Comply may issue digital certificates, training logs, or audit documentation.
Certificates:
- Confirm course completion only
- Do not represent regulator approval, certification, or a determination of compliance
- Do not replace employer-required supervision, qualification, or additional training
Evergreen Comply makes commercially reasonable efforts to align course content with current regulatory frameworks and industry practices but does not guarantee ongoing accuracy as laws and interpretations evolve.
6. Customer Responsibilities
You agree to:
- Assign training only to authorized personnel
- Provide accurate learner and roster information
- Ensure training is completed within required time frames
- Maintain records as required by applicable regulations
- Use the Services in compliance with all applicable laws
7. Acceptable Use
You agree not to:
- Copy, reproduce, distribute, or resell course content except for internal training and record-keeping
- Share credentials or reuse seats outside your organization
- Reverse engineer, scrape, or interfere with platform functionality
- Misrepresent the Services or certificates as guaranteeing compliance or regulatory approval
We may suspend or terminate access for violations of these Terms or applicable law.
8. Intellectual Property
All course materials, software, content, trademarks, and platform features are owned by Evergreen Comply or its licensors and are protected by intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Services solely for your internal training purposes, subject to these Terms.
9. Confidentiality and Data Protection
Each party agrees to protect the other's confidential information and use it solely to fulfill these Terms. Confidential information does not include information that is public, independently developed, or lawfully received from a third party.
Personal data is handled in accordance with our Privacy Policy.
10. Support and Availability
We provide customer support via available communication channels during posted business hours. While we strive for reliable service, the Services are provided on an “as available” basis and may be subject to maintenance, outages, or interruptions.
11. 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, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC COMPLIANCE REQUIREMENTS OR THAT COURSE COMPLETION GUARANTEES REGULATORY APPROVAL.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERGREEN COMPLY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION.
EVERGREEN COMPLY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID TO EVERGREEN COMPLY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13. Indemnification
You agree to indemnify and hold harmless Evergreen Comply, LLC and its officers, members, employees, and agents from any claims, damages, penalties, or costs (including reasonable attorneys' fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your employer's or organization's failure to comply with applicable laws
14. Third-Party Services
The Services may integrate with third-party platforms such as payment processors, analytics providers, or communication tools. Third-party services are governed by their own terms and privacy policies. Evergreen Comply does not control and is not responsible for third-party services.
15. Governing Law; Mandatory Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY.
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in California unless the parties agree otherwise.
Class Action Waiver. You agree that all claims must be brought in your individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding.
Nothing in this section prevents either party from seeking injunctive or equitable relief in court to protect intellectual property or confidential information.
16. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the “Last Updated” date. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.