Privacy and Use Policy

Conditions of Use

Evergreenbydiana.com Conditions of Use

Last updated: January 5, 2019

Welcome to www.evergreenbydiana.com (the “Evergreenbydiana.com site”). Evergreenbydiana.com.com.ca, Inc., and/or its affiliates (“Evergreenbydiana.com”) provide website features and other products and services to you when you visit or shop at the Evergreenbydiana.com site, use Evergreenbydiana.com products or services, use Evergreenbydiana.com applications for mobile, or use software provided by Evergreenbydiana.com in connection with any of the foregoing (collectively, “Evergreenbydiana.com Services”). Evergreenbydiana.com provides the Evergreenbydiana.com Services subject to the following conditions.

By using Evergreenbydiana.com Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Evergreenbydiana.com Services, and sometimes additional terms may apply. When you use an Evergreenbydiana.com Service, you also will be subject to the guidelines, terms and agreements applicable to that Evergreenbydiana.com Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Privacy

Please review our Privacy Notice, which also governs your use of the Evergreenbydiana.com Services, to understand our practices.

Electronic Communications

When you use any Evergreenbydiana.com Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the Evergreenbydiana.com site or through other Evergreenbydiana.com Services, such as our Message Centre. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Evergreenbydiana.com Service–such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software–is the property of Evergreenbydiana.com or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any Evergreenbydiana.com Service is the exclusive property of Evergreenbydiana.com and protected by Canadian and international copyright laws.

Trademarks

Evergreenbydiana.com trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Evergreenbydiana.com Service are trademarks or trade dress of Evergreenbydiana.com.com, Inc., or its affiliates, in Canada and other countries. Evergreenbydiana.com.com, Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not Evergreenbydiana.com.com, Inc.’s or its affiliates’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Evergreenbydiana.com.com, Inc. or its affiliates. All other trademarks not owned by Evergreenbydiana.com.com, Inc. or its affiliates that appear in any Evergreenbydiana.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Evergreenbydiana.com.com or its affiliates.

Patents

One or more patents owned by Evergreenbydiana.com apply to the Evergreenbydiana.com Services and to the features and services accessible via the Evergreenbydiana.com Services. Portions of the Evergreenbydiana.com Services operate under license of one or more patents.

License and Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Evergreenbydiana.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Evergreenbydiana.com Services. This licence does not include any resale or commercial use of any Evergreenbydiana.com Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Evergreenbydiana.com Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Evergreenbydiana.com or its licensors, suppliers, publishers, rightsholders, or other content providers. No Evergreenbydiana.com Service, nor any part of any Evergreenbydiana.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Evergreenbydiana.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Evergreenbydiana.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing Evergreenbydiana.com’s name or trademarks without the express written consent of Evergreenbydiana.com. You may not misuse the Evergreenbydiana.com Services. You may use the Evergreenbydiana.com Services only as permitted by law. The licenses granted by Evergreenbydiana.com terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account

You may need your own Evergreenbydiana.com account to use certain Evergreenbydiana.com Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Evergreenbydiana.com does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province of residence, you may use the Evergreenbydiana.com Services only with involvement of a parent or guardian. Evergreenbydiana.com reserves the right to refuse service, terminate accounts, terminate your rights to use Evergreenbydiana.com Services, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Evergreenbydiana.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Evergreenbydiana.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media for all purposes, including in advertising and promotions. You grant Evergreenbydiana.com and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Evergreenbydiana.com for all claims resulting from content you supply. Evergreenbydiana.com has the right but not the obligation to monitor and edit or remove any activity or content. Evergreenbydiana.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Intellectual Property Complaints

Evergreenbydiana.com respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please email us at info@evergreenbydiana.com.

Risk of Loss

Risk of loss and title for items purchased from Evergreenbydiana.com pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.

Returns, Refunds and Title

Evergreenbydiana.com does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Evergreenbydiana.com does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.

Product Descriptions

Evergreenbydiana.com attempts to be as accurate as possible. However, Evergreenbydiana.com does not warrant that product descriptions or other content of any Evergreenbydiana.com Service is accurate, complete, reliable, current, or error-free. If a product offered by Evergreenbydiana.com itself is not as described, your sole remedy is to return it in unused condition.

Pricing

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on the Evergreenbydiana.com site and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on the Evergreenbydiana.com site.

With respect to items sold by Evergreenbydiana.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

Other Businesses

Parties other than Evergreenbydiana.com operate stores, provide services or software, or sell product lines through the Evergreenbydiana.com Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Evergreenbydiana.com. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Evergreenbydiana.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer of Warranties and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE EVERGREENBYDIANA.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EVERGREENBYDIANA.COM SERVICES ARE PROVIDED BY EVERGREENBYDIANA.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EVERGREENBYDIANA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE EVERGREENBYDIANA.COM SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EVERGREENBYDIANA.COM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EVERGREENBYDIANA.COM SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EVERGREENBYDIANA.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. EVERGREENBYDIANA.COM DOES NOT WARRANT THAT THE EVERGREENBYDIANA.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EVERGREENBYDIANA.COM SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM EVERGREENBYDIANA.COM SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVERGREENBYDIANA.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY EVERGREENBYDIANA.COM SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY EVERGREENBYDIANA.COM SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Applicable Law and Disputes

(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any Evergreenbydiana.com Service, or to any products or services sold or distributed by Evergreenbydiana.com or through Evergreenbydiana.com Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our head office at EverrgreenbyDiana Coquitlam BC

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

(Not applicable to Quebec consumers) By using any Evergreenbydiana.com Service, you agree that the U.S. Federal Arbitration Act, applicable U.S. federal law, and the laws of the state of Washington, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Evergreenbydiana.com.

For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and Evergreenbydiana.com shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

Site Policies, Modification, and Severability

Please review our other policies, such as our pricing policy, posted on the Evergreenbydiana.com site. These policies also govern your use of Evergreenbydiana.com Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

Evergreenbydiana.com

#410-618 Langside Ave
Coquitlam, BC V3J 0B8
Canada

Additional Evergreenbydiana.com Software Terms

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Evergreenbydiana.com Services (the “Evergreenbydiana.com Software”).

1. Use of the Evergreenbydiana.com Software. You may use Evergreenbydiana.com Software solely for purposes of enabling you to use and enjoy the Evergreenbydiana.com Services as provided by Evergreenbydiana.com, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Evergreenbydiana.com Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Evergreenbydiana.com Software or otherwise assign any rights to the Evergreenbydiana.com Software in whole or in part. You may not use the Evergreenbydiana.com Software for any illegal purpose. We may cease providing any Evergreenbydiana.com Software and we may terminate your right to use any Evergreenbydiana.com Software at any time. Your rights to use the Evergreenbydiana.com Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain Evergreenbydiana.com Software that are specifically identified in related documentation may apply to that Evergreenbydiana.com Software (or software incorporated with the Evergreenbydiana.com Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Evergreenbydiana.com Service is the property of Evergreenbydiana.com or its software suppliers and protected by Canadian and international copyright laws.
2. Use of Third Party Services. When you use the Evergreenbydiana.com Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Evergreenbydiana.com Software, whether in whole or in part, or create any derivative works from or of the Evergreenbydiana.com Software.
4. Updates. In order to keep the Evergreenbydiana.com Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations. You must comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce, Foreign Affairs and International Trade Canada, and other U.S. and Canadian agencies and authorities that may apply to the Evergreenbydiana.com Software.

Notice and Procedure for Making Claims of Intellectual Property Infringement

If you believe that your intellectual property rights are being infringed, please submit your complaint  to info@evergreenbydiana.com. This  may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Copyright Agent

Evergreenbydiana.com Legal Department

#410-618 Langside Ave
Coquitlam, BC V3J 0B8
Canada

E-mail: copyright@evergreenbydiana.com.com

Courier address:

Copyright Agent

Evergreenbydiana.com Legal Department

#410-618 Langside Ave
Coquitlam, BC V3J 0B8
Canada

Written claims concerning copyright infringement must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Evergreenbydiana.com Privacy Notice

Last Updated: January 7, 2019

Evergreenbydiana.com knows you care how information about you is used and shared, and we appreciate your trust that we’ll do so carefully and sensibly. This notice describes our privacy policy. By visiting Evergreenbydiana.com, you’re accepting the practices described in this Privacy Notice.

• What Personal Information About Customers Does Evergreenbydiana.com Gather?
• What About Cookies?
• Does Evergreenbydiana.com Share the Information It Receives?
• How Secure Is Information About Me?
• What About Third-Party Advertisers and Links to Other Websites?
• Which Information Can I Access?
• What Choices Do I Have?
• Are Children Allowed to Use Evergreenbydiana.com?
• Conditions of Use, Notices, and Revisions
• Examples of Information Collected

What Personal Information About Customers Does Evergreenbydiana.com Gather?

The information we learn from customers helps us personalize and continually improve your Evergreenbydiana.com experience. Here are the types of information we gather.

• Information You Give Us:We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.
• Automatic Information:We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses Evergreenbydiana.com or advertisements and other content served by or on behalf of Evergreenbydiana.com on other Web sites.
• Mobile:When you download or use apps created by Evergreenbydiana.com or its subsidiaries, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services.
• E-mail Communications:To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Evergreenbydiana.com if your computer supports such capabilities. Also, in an effort to avoid sending unnecessary messages to our customers, we compare our customer list to lists received from other companies. If you don’t want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences.
• Information from Other Sources:We might receive information about you from other sources and add it to our account information.

What About Cookies?

• Cookies are unique identifiers that we transfer to your device, to enable our systems to recognize your device and to provide  personalized advertisements on other Web sites (e.g., Evergreenbydiana.com Associates with content served by Evergreenbydiana.com), and storage of items in your Shopping Cart between visits.
• The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Web site of its manufacturer. Because cookies allow you to take advantage of some of Evergreenbydiana.com’s essential features, we recommend you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any Evergreenbydiana.com products and services that require you to Sign in.

Does Evergreenbydiana.com Share the Information It Receives?

Information about our customers is an important part of our business, and we’re not in the business of selling it to others. We share customer information only as described below and with subsidiaries Evergreenbydiana.com.com, Inc., controls that are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

• Affiliated Businesses We Do Not Control: We work closely with our affiliated businesses. In some cases, these businesses may operate stores at Evergreenbydiana.com or sell offerings to you at Evergreenbydiana.com. In other cases, we operate stores, provide services, or sell product lines jointly with these businesses. You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party.
• Third-Party Service Providers:We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
• Promotional Offers:Sometimes, we send offers to selected groups of Evergreenbydiana.com customers on behalf of other businesses. When we do this, we don’t give that business your name and address. If you don’t want to receive such offers, please adjust your Customer Communication Preferences.
• Business Transfers:As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Evergreenbydiana.com.com.ca, Inc. or substantially all of its assets are acquired, customer information of course will be one of the transferred assets.
• Protection of Evergreenbydiana.com and Others:We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Evergreenbydiana.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit-risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
• With Your Consent:Other than as set out above, you’ll receive notice when information about you might go to third parties, and you’ll have an opportunity to choose not to share the information.

How Secure is Information About Me?

• We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you enter.
• We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
• It’s important for you to protect against unauthorized access to your password and your computer. Be sure to sign off when you’ve finished using a shared computer. Click here for more information on how to sign off.

What About Third-Party Advertisers and Links to Other Web Sites?

Our site includes third-party advertising and links to other Web sites. For more information about third-party advertising at Evergreenbydiana.com.

Which Information Can I Access?

Evergreenbydiana.com gives you access to a broad range of information about your account and your interactions with Evergreenbydiana.com for the limited purpose of viewing and, in certain cases, updating that information.  This list will change as our Web site evolves.

What Choices Do I have?

• As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such Evergreenbydiana.com features as Customer Reviews and Wish Lists.
• You can add or update certain information on pages such as those referenced in the “Which Information Can I Access?” section, above. When you update information, we usually keep a copy of the prior version for our records.
• If you don’t want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences. (If you don’t want to receive Conditions of Use and other legal notices from us, such as this Privacy Notice, those notices still will govern your use of Evergreenbydiana.com, and it’s your responsibility to review them for changes.)
• If you do not want us to use personal information that we gather to allow third parties to personalize advertisements we display to you, please adjust your Advertising Preferences.
• The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Web site of its manufacturer. Because cookies allow you to take advantage of some of Evergreenbydiana.com’s essential features, we recommend you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any Evergreenbydiana.com products and services that require you to Sign in.

Are Children Allowed to Use Evergreenbydiana.com?

Evergreenbydiana.com does not sell products for purchase by children. We sell children’s products for purchase by adults. If you’re under 18, you may use Evergreenbydiana.com only with the involvement of a parent or guardian.

Conditions of Use, Notices, and Revisions

If you choose to visit Evergreenbydiana.com, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the province of British Columbia. If you have any concern about privacy at Evergreenbydiana.com, please contact us with a thorough description, and we’ll try to resolve it.

Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Related Practices and Information

• Conditions of Use
• com Charter of Rights
• Help department

Examples of Information Collected

Information You Give Us

You provide most such information when you search, buy, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a product; make an order; provide information in Your Account (and you might have more than one, if you’ve used more than one e-mail address when shopping with us); communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; compile Wish Lists or other gift registries; and provide and rate reviews. As a result of those actions, you might supply us with such information as your name, address, and telephone number; credit card information; names of people to whom purchases have been shipped, including address and telephone number; names of people (with addresses and telephone numbers) ; content of reviews and e-mails to us; and financial information.

Automatic Information

Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information, such as browser type, version and timezone setting, browser plug-in types and versions, operating system, and platform; purchase history, which we sometimes aggregate with similar information from other customers to create features such as Bestseller Lists; the full Uniform Resource Locators (URL) clickstream to, through, and from our Web site, including date and time; cookie number; products you viewed or searched for; and the telephone number used to call our customer service number. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Web site for fraud prevention and other purposes. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.

Mobile

Most mobile devices provide users with the ability to disable location services. Most likely, these controls are located in the device’s settings menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.

Information from Other Sources

Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; and credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.

Information You Can Access

Examples of information you can currently access easily at Evergreenbydiana.com include up-to-date information regarding recent orders, personally identifiable information (including name, e-mail, password, communications preferences, address book), payment settings (including credit card information, gift certificate, gift card, and check balances), e-mail notification settings, Wish Lists, and recommendations.

About Identifying Whether an E-mail is from Evergreenbydiana.com

E-mails from Evergreenbydiana.com will never ask you for personal information. If you receive a suspicious (sometimes called phishing) e-mail, here are some tips to determine if it’s an e-mail from Evergreenbydiana.com.

Important:

Don’t open any attachments or click any links from suspicious e-mails.

Suspicious e-mails not from Evergreenbydiana.com often contain:

• An order confirmation for an item you didn’t purchase or an attachment to an order confirmation

Note: Go to Your Orders to see if there is an order that matches the details in the e-mail. If it doesn’t match an order in Your Account, the message isn’t from Evergreenbydiana.com.

• Requests for your Evergreenbydiana.com username and/or password, or other personal information
• Requests to update payment information

Note: Go to Your Account and click Manage Payment Options in the Payments section. If you aren’t prompted to update your payment method on that screen, the message isn’t from Evergreenbydiana.com.

• Links to websites that look like Evergreenbydiana.com, but aren’t Evergreenbydiana.com
• Attachments or prompts to install software on your computer
• Typos or grammatical errors

Shipping Carrier Contacts

Evergreenbydiana.com delivers some packages through regional carriers. We have contact information for these carriers, as well as national carriers.

Important: Some national carriers use regional carriers to deliver your package. When this happens, your tracking information may not be accurately reflected on the national carrier website.

Some exceptionally large or heavy items may be shipped by a specialty carrier such as CEVA. If you have a tracking or delivery confirmation number, follow the links below for more information. If you’re not sure whether your order has shipped, check its status in Your Account.

Common Carrier Tracking Information	Contact Information
Canada Post	Phone: 1 (866) 607-6301 Outside Canada: 1 (416) 979-3033