Evergreen Herbs only sell to licensed healthcare practitioners and current students at accredited TCM schools. Evergreen Herbs believes in the traditional practice of Chinese medicine in which practitioners must have direct person-to-person contact with patients who are under their care so that practitioners are able to examine, observe, ask, and palpate in order to properly diagnose and prescribe the most appropriate herbs for their patients.
Evergreen Herbs believes that this tradition cannot be safeguarded if Chinese herbs were sold simply as a commodity on the internet. Without proper supervision, the risk of misuse (wrong diagnosis, wrong dosage, wrong duration) and abuse (i.e., Ma Huang (Herba Ephedrae) for weight loss) will rise significantly. This in turn will jeopardize the healthcare of the patient and increase the liability of the entire profession.
Chinese herbal medicine is most effective when practiced in a traditional setting in which herbs are prescribed and dispensed by the practitioner directly to the patient in a clinic setting, and least effective (and possibly harmful) when they are sold indiscriminately on the internet to anyone without proper supervision. Therefore, to ensure patient safety and reduce your practice liability, Evergreen Herbs does not authorize the resale of its products on the internet, and reserves the right to void the account if necessary.
Evergreen products may not be displayed or mentioned within two web page links of any disease claims. This is an effort to protect you and Evergreen Herbs from possible legal liabilities due to the requirements of the FDA (Food and Drug Administration) in regards to disease claims associated with dietary supplements.
Evergreen may review Practitioner’s website at any time and reserves the right to require Practitioner to make changes to its website based upon the use of any intellectual property owned or controlled by Evergreen in association with any disease claims, even if Evergreen has previously approved or accepted Practitioner’s website or the material displayed thereon.
Violations of Policy
All Practitioners who violate any part of Evergreen’s Policy will receive a written notice from Evergreen that they are in violation of the Policy. Practitioners will have seven (7) days to bring their website into compliance with this Policy. After the end of the seven (7) day notice period, Practitioner’s account will be suspended. Practitioners that correct their website to bring it into compliance with this Policy should promptly notify Evergreen. Evergreen will then review Practitioner’s website and determine whether Practitioner has brought his or her site into compliance with this Policy. Upon approval, Practitioner’s account will be reactivated. A zero-tolerance approach has been implemented to this Policy. Practitioner acknowledges that upon any subsequent breach of any provision of this Policy, Evergreen may cancel Practitioner’s account without notice. Once Practitioner has fallen out of compliance with this policy in any way and has received any written notice from Evergreen, then upon any subsequent breach Evergreen reserves the right to immediately cancel the Practitioner’s account.
Any failure or delay by Evergreen in enforcing any provisions of this Policy or any of the Evergreen rights in any of the Trademarks shall in no way be considered a waiver of such provisions or rights and shall no way prevent Evergreen from enforcing the same at a later date.
Evergreen Herbs and Medical Supplies, in its sole discretion, may revise or eliminate this Policy at any time.
Collection of Customer Information
In order to provide you with the highest level of service, we ask that you voluntarily provide us with certain information about yourself (collectively, your "Customer Information"). Your Customer Information may include, but is not limited to, your first and last name, email address, zip code, license information, billing information, as well as your ordering pattern, your patients' name(s), and your contact information.
Use of Customer Information
Once we obtain your Customer Information, it is added to a list of such information we have obtained from others, who have provided similar types of information to Evergreen's Customers List. Occasionally, if you choose to opt-in, we may provide the Customer List to trusted third parties whom we believe can provide you with products, benefits or services that might be of interest to you.
On occasion, we may hire third parties to perform certain functions on our behalf. Examples include fulfilling orders, delivering packages, removing repetitive information from the Customer List, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. These third parties have access to your Customer Information to the extent necessary to permit them to do their jobs; however, they may not use it for other purposes.
As Evergreen continues to grow and develop, we might sell assets to, or buy assets from, third parties. In such transactions, Customer Information may be one of the transferred business assets. Also, in the unlikely event that Evergreen, or substantially all of Evergreen's assets are acquired, Customer Information will be one of the transferred assets.
We also may disclose your Customer Information if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with the legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of our website; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
In addition, we may use the information we obtain from our customers and web surfers in the aggregate to determine our customers' demographics and preferences. By doing so, we are able to deliver targeted advertisements on our website that you may find to be helpful and informative. We may also use the information we obtain from our customers as cross references or as referrals to others seeking their services.
Maintenance or Revisions to Your Information
In order to make sure that you receive the full benefit of our products and services, you should make sure that we have the most up-to-date information about you. Please remember that we will not remind you to update your information; it is your responsibility to make sure that we have your correct information.
To change or update your information, visit the "My Account" area of the site.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. Of course, even though we use security software on our website, it is still important for you to protect against unauthorized access to your password and to your computer. Be sure to sign-off when finished.
Children's Online Privacy Protection Act (COPPA)
Evergreen's www.evherbs.com is a website directed to the general public. Evergreen does not knowingly sell products or services for use by children. If you are under the age of 18, you may use our website only with involvement of a parent or guardian. We reserve the right to cancel, without prior notice to you, any orders for products or services purchased by you if we know, or have reason to believe, you are not over the age of 18.
When you sign up for any service or purchase any product offered by Evergreen, you consent to receive any privacy or other notices, agreements, disclosures, reports, documents, communications, or other records (collectively, "Notices"), whether or not the Notices are related to the service you signed up for or product you purchased, from Evergreen electronically. You consent to receive Notices electronically in either or both of the following ways:
- We may post the Notice on our website (www.evherbs.com); or
- We may transmit the Notice to you by email.
If you do not wish to receive Notices from Evergreen electronically, you should not become a customer or use our website.
All Notices provided to you electronically will be deemed to be "in writing." You acknowledge and agree that your consent to receive Notices electronically is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
In order to receive Notices electronically from Evergreen, you must have:
- An Internet browser, such as Internet Explorer 4.0 or greater, or Netscape Navigator 4.0 or greater;
- An email account and email software;
- A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing;
- Sufficient electronic storage capacity on your computer's hard drive or other data storage unit; and
- A printer that is capable of printing from your browser and email software.