This site and all contents of this site are provided on an “as is” “as available” basis without representations or warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
Without limiting the foregoing, evergreen does not represent or warrant that the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption, without error or without defects, bugs, viruses, or other harmful components.
You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that neither evergreen nor any of its employees, directors, officers, agents or affiliates shall be liable for any damages or injury of any kind, including but not limited to direct, indirect, incidental, extraordinary, exemplary, punitive and/or consequential damages related to, accompanying or resulting from your use or inability to use this site. These include, but are not limited to, damages or injury caused by any use of (or inability to use) the website or any site to which you hyperlink from our website, failure of performance, error, omission, inaccuracy, interruption, defect, delay in operation or transmission, computer virus, or line failure.
Exception: in certain states the law may not allow us to limit or exclude liability for these “incidental” or “consequential” damages, so the above limitation may not apply. If any part of this limitation of liability set forth above is found to be invalid or unenforceable for any reason, then the aggregate liability of evergreen its employees, directors, officers, agents and affiliates under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100).