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Terms of service

Terms of Service:

You must be a licensed healthcare practitioner or a student at an accredited TCM school to apply for an Evergreen online customer account.

FDA Compliance Purchase and Sample Requester Agreement:

The use of acupuncture needles is restricted to qualified - licensed, registered, or certified - practitioners as determined by each state and country. With this restriction, Evergreen will not offer any medical advice or make any medical claims on the offered acupuncture needles. In compliance with the FDA, and State regulations that restrict the use of Acupuncture needles to qualified practitioners, Evergreen will sell acupuncture needles and devices to licensed professionals only. All acupuncture devices are sold to qualified practitioners only. The purchaser accepts full responsibility for the safe and proper use of these devices and agrees to indemnify and hold Evergreen Herbs and Medical Supplies, LLC. harmless from any consumer claims against the ultimate use of these acupuncture devices.

Internet Policy:

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.

Disease Claims

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.