Terms & Conditions

TERMS OF USE OF (Everarwellness.com) 

Version Date: 1/1/25 

TERMS OF USE AGREEMENT 

TERMS AND CONDITIONS Effective Date: June 7, 2026 Welcome to Everar Vitality & Serenity Wellness  Inc. (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and  use of our website located at https://everarwellness.com (the “Website”) and any services,content,  functionality, products, or information offered through the Website. By accessing or using the Website,  you agree to be bound by these Terms. If you do not agree to these Terms, you should discontinue  use of the Website immediately. 

Company makes no representation that the Website is appropriate or available in other locations other  than where it is operated by Company. The information provided on the Website is not intended for  distribution to or use by any person or entity in any jurisdiction or country where such distribution or  use would be contrary to law or regulation or which would subject Company to any registration  requirement within such jurisdiction or country. Accordingly, those persons who choose to access the  Website from other locations do so on their own initiative and are solely responsible for compliance  with local laws, if and to the extent local laws are applicable. 

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not  permitted to register for the Website or use the Company Services. 

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING  SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY  CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS  AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN  THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY  SERVICES OR THE WEBSITE.  

The Website is owned by Everar Vitality & Serenity Wellness Inc., a California corporation with its  principal place of business at: Everar Vitality & Serenity Wellness Inc. 2817 N. Chester Avenue  Bakersfield, California 93308 The Website is managed and operated on behalf of Everar Vitality &  Serenity Wellness Inc. by Mantera Advertising Agency pursuant to a separate business agreement.  Management and operational responsibilities do not confer ownership rights in the Website,  trademarks, or Company content. 

PURCHASES; PAYMENT 

Company bills you through an online billing account for purchases of products and/or services. You  agree to pay Company all charges at the prices then in effect for the products you or other persons  using your billing account may purchase, and you authorize Company to charge your chosen payment  provider for any such purchases. You agree to make payment using that selected payment method. If  you have ordered a product or service that is subject to recurring charges then you consent to our  charging your payment method on a recurring basis, without requiring your prior approval from you for 2 

Terms of Use 

each recurring charge until such time as you cancel the applicable product or service. Company  reserves the right to correct any errors or mistakes in pricing that it makes even if it has already  requested or received payment. Sales tax will be added to the sales price of purchases as deemed  required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.  

RETURN POLICY 

Please review our Return Policy posted on our Website prior to making any purchases. USER REPRESENTATIONS 

Regarding Your Registration 

By using the Company Services, you represent and warrant that: 

1. all registration information you submit is truthful and accurate; 
2. you will maintain the accuracy of such information; 
3. you will keep your password confidential and will be responsible for all use of your password  and account; 
4. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received  parental permission to use this Website; and 
5. your use of the Company Services does not violate any applicable law or regulation. 

You also agree to: (a) provide true, accurate, current and complete information about yourself as  prompted by the Website’s registration form and (b) maintain and promptly update registration data to  keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate,  not current or incomplete, or Company has reasonable grounds to suspect that such information is  untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your  account and refuse any and all current or future use of the Website (or any portion thereof). 

We reserve the right to remove or reclaim or change a user name you select if we determine  appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or  when a trademark owner complains about a username that does not closely relate to a user’s actual  name.  

Regarding Content You Provide 

The Website may invite you to chat or participate in blogs, message boards, online forums and other  functionality and may provide you with the opportunity to create, submit, post, display, transmit,  perform, publish, distribute or broadcast content and materials to Company and/or to or via the  Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments,  suggestions or personally identifiable information or other material (collectively “Contributions”). Any  Contributions you transmit to Company will be treated as non-confidential and non-proprietary. When  you create or make available a Contribution, you thereby represent and warrant that:

Terms of Use 

1. the creation, distribution, transmission, public display and performance, accessing, downloading  and copying of your Contribution does not and will not infringe the proprietary rights, including but  not limited to the copyright, patent, trademark, trade secret or moral rights of any third party; B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and  permissions to use and to authorize Company and the Website users to use your Contributions as  necessary to exercise the licenses granted by you under this Agreement; 
2. you have the written consent, release, and/or permission of each and every identifiable individual  person in the Contribution to use the name or likeness of each and every such identifiable individual  person to enable inclusion and use of the Contribution in the manner contemplated by this Website; D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise  objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock,  disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government,  does not incite, encourage or threaten physical harm against another, does not violate any  applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third  party; 
3. your Contribution does not contain material that solicits personal information from anyone under  18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any  federal or state law concerning child pornography or otherwise intended to protect the health or  well-being of minors; 
4. your Contribution does not include any offensive comments that are connected to race, national  origin, gender, sexual preference or physical handicap; 
5. your Contribution does not otherwise violate, or link to material that violates, any provision of  this Agreement or any applicable law or regulation. 

CONTRIBUTION LICENSE 

By posting Contributions to any part of the Website, or making them accessible to the Website by  linking your account to any of your social network accounts, you automatically grant, and you represent  and warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited,  irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license  to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache,  publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and  distribute such Contributions (including, without limitation, your image and voice) for any purpose,  commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works,  such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution  may occur in any media formats and through any media channels. Such use and distribution license  will apply to any form, media, or technology now known or hereafter developed, and includes our use  of your name, company name, and franchise name, as applicable, and any of the trademarks, service  marks, trade names and logos, personal and commercial images you provide. Company does not  assert any ownership over your Contributions; rather, as between us and you, subject to the rights  granted to us in this Agreement, you retain full ownership of all of your Contributions and any  intellectual property rights or other proprietary rights associated with your Contributions.

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Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any  Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii)  pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation  of this Agreement. 

By uploading your Contributions to the Website, you hereby authorize Company to grant to each end  user a personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to  access, download, print and otherwise use your Contributions for t heir internal purposes and not for  distribution, transfer, sale or commercial exploitation of any kind.  

SERVICES PROVIDED 

The Website provides information regarding wellness and aesthetic services offered by Everar Vitality  & Serenity Wellness Inc., which may include but are not limited to: IV hydration therapy; Vitamin and  nutrient injections; Weight management programs; Hormone optimization services; Cryotherapy  services; Infrared sauna therapy; Wellness consultations; Other health, wellness, and aesthetic  services. Information presented on the Website is for general informational purposes only and does  not constitute medical advice. 

ELIGIBILITY  

You must be at least eighteen (18) years of age to use this Website. By using the Website, you  represent and warrant that you meet this 

GUIDELINES FOR REVIEWS 

Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no  obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or  inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers  should have firsthand experience with the person/entity being reviewed; (2) reviews should not  contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references  based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or  references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative  reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers  may not post any false statements or organize a campaign encouraging others to post reviews,  whether positive or negative. Reviews are not endorsed by Company, and do not represent the views  of Company or of any affiliate or partner of Company. Company does not assume liability for any  review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer  hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable  and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display,  perform and/or distribute all content relating to reviews.  

SOCIAL MEDIA

Terms of Use 

As part of the functionality of the Website, you may link your account with online accounts you may  have with third party service providers (each such account, a “Third Party Account”) by either: (i)  providing your Third Party Account login information through the Website; or (ii) allowing Company to  access your Third Party Account, as is permitted under the applicable terms and conditions that govern  your use of each Third Party Account. You represent that you are entitled to disclose your Third Party  Account login information to Company and/or grant Company access to your Third Party Account  (including, but not limited to, for use for the purposes described herein), without breach by you of any  of the terms and conditions that govern your use of the applicable Third Party Account and without  obligating Company to pay any fees or making Company subject to any usage limitations imposed by  such third party service providers. By granting Company access to any Third Party Accounts, you  understand that (i) Company may access, make available and store (if applicable) any content that  you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it  is available on and through the Website via your account, including without limitation any friend lists,  and (ii) Company may submit and receive additional information to your Third Party Account to the  extent you are notified when you link your account with the Third Party Account. Depending on the  Third Party Accounts you choose and subject to the privacy settings that you have set in such Third  Party Accounts, personally identifiable information that you post to your Third Party Accounts may be  available on and through your account on the Website. Please note that if a Third Party Account or  associated service becomes unavailable or Company’s access to such Third Party Account is  terminated by the third party service provider, then Social Network Content may no longer be available  on and through the Website. You will have the ability to disable the connection between your account  on the Website and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR  RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR  THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH  THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any Social Network  Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and  Company is not responsible for any Social Network Content. You acknowledge and agree that  Company may access your e-mail address book associated with a Third Party Account and your  contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and  informing you of those contacts who have also registered to use the Website. At your request made  via email to our email address listed below, or through your account settings (if applicable), Company  will deactivate the connection between the Website and your Third Party Account and delete any  information stored on Company’s servers that was obtained through such Third Party Account, except  the username and profile picture that become associated with your account.  

SUBMISSIONS 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other  information about the Website or the Company Services (“Submissions”) provided by you to Company  are non-confidential and Company (as well as any designee of Company) shall be entitled to the  unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise,  without acknowledgment or compensation to you.

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PROHIBITED ACTIVITIES 

You may not access or use the Website for any other purpose other than that for which Company  makes it available. The Website may not be used in connection with any commercial endeavors except  those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not  limited to:  

1. attempting to bypass any measures of the Website designed to prevent or restrict access to the  Website, or any portion of the Website 
2. attempting to impersonate another user or person or using the username of another user C. criminal or tortious activity 
3. deciphering, decompiling, disassembling or reverse engineering any of the software comprising  or in any way making up a part of the Website 
4. deleting the copyright or other proprietary rights notice from any Website content F. engaging in any automated use of the system, such as using any data mining, robots or similar  data gathering and extraction tools 
5. except as may be the result of standard search engine or Internet browser usage, using or  launching, developing or distributing any automated system, including, without limitation, any  spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using  or launching any unauthorized script or other software 
6. harassing, annoying, intimidating or threatening any Company employees or agents engaged  in providing any portion of the Company Services to you 
7. interfering with, disrupting, or creating an undue burden on the Website or the networks or  services connected to the Website 
8. making any unauthorized use of the Company Services, including collecting usernames and/or  email addresses of users by electronic or other means for the purpose of sending unsolicited email,  or creating user accounts by automated means or under false pretenses 
9. selling or otherwise transferring your profile 
10. systematic retrieval of data or other content from the Website to create or compile, directly or  indirectly, a collection, compilation, database or directory without written permission from  Company 
11. tricking, defrauding or misleading Company and other users, especially in any attempt to learn  sensitive account information such as passwords 
12. using any information obtained from the Website in order to harass, abuse, or harm another  person 
13. using the Company Services as part of any effort to compete with Company or to provide  services as a service bureau 
14. using the Website in a manner inconsistent with any and all applicable laws and regulations INTELLECTUAL PROPERTY RIGHTS 

The content on the Website (“Company Content”) and the trademarks, service marks and logos  contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and 

Terms of Use 

other intellectual property rights under United States and foreign laws and international conventions.  Company Content, includes, without limitation, all source code, databases, functionality, software,  website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs,  page headers, button icons, scripts and service names are registered trademarks, common law  trademarks or trade dress of Company in the United States and/or other countries. Company’s  trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain  names, in connection with any product or service in any manner that is likely to cause confusion and  may not be copied, imitated, or used, in whole or in part, without the prior written permission of the  Company. 

Company Content on the Website is provided to you “AS IS” for your information and personal use  only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast,  displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior  written consent of the respective owners. Provided that you are eligible to use the Website, you are  granted a limited license to access and use the Website and the Company Content and to download  or print a copy of any portion of the Company Content to which you have properly gained access solely  for your personal, non-commercial use. Company reserves all rights not expressly granted to you in  and to the Website and Company Content and Marks. 

THIRD PARTY WEBSITES AND CONTENT 

The Website contains (or you may be sent through the Website or the Company Services) links to  other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures,  designs, music, sound, video, information, applications, software and other content or items belonging  to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third  Party Content are not investigated, monitored or checked for accuracy, appropriateness, or  completeness by us, and we are not responsible for any Third Party Websites accessed through the  Website or any Third Party Content posted on, available through or installed from the Website,  including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies  of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or  permitting the use or installation of any Third Party Website or any Third Party Content does not imply  approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party  Websites or to use or install any Third Party Content, you do so at your own risk and you should be  aware that our terms and policies no longer govern. You should review the applicable terms and  policies, including privacy and data gathering practices, of any website to which you navigate from the  Website or relating to any applications you use or install from the Website. Any purchases you make  through Third Party Websites will be through other websites and from other companies, and Company  takes no responsibility whatsoever in relation to such purchases which are exclusively between you  and the applicable third party. 

SITE MANAGEMENT 

Company reserves the right but does not have the obligation to:

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1. monitor the Website for violations of this Agreement; 
2. take appropriate legal action against anyone who, in Company’s sole discretion, violates this  Agreement, including without limitation, reporting such user to law enforcement authorities; C. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of,  or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that  may violate this Agreement or any Company policy; 
3. in Company’s sole discretion and without limitation, notice or liability to remove from the Website  or otherwise disable all files and content that are excessive in size or are in any way burdensome  to Company’s systems; 
4. otherwise manage the Website in a manner designed to protect the rights and property of  Company and others and to facilitate the proper functioning of the Website.  

TERM AND TERMINATION 

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user  or member of the Website, as applicable. You may terminate your use or participation at any time, for  any reason, by following the instructions for terminating user accounts in your account settings, if  available, or by contacting us using the contact information below. 

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES  THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,  DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY  PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION  FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS  AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY  TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT  ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION. 

In order to protect the integrity of the Website and Company Services, Company reserves the right at  any time in its sole discretion to block certain IP addresses from accessing the Website and Company  Services. 

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive  the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary  to fulfill such purposes. 

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,  WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S  THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS  AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE  DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW  IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION  APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

Terms of Use 

If Company terminates or suspends your account for any reason, you are prohibited from registering  and creating a new account under your name, a fake or borrowed name, or the name of any third  party, even if you may be acting on behalf of the third party. In addition to terminating or suspending  your account, Company reserves the right to take appropriate legal action, including without limitation  pursuing civil, criminal, and injunctive redress. 

MODIFICATIONS 

To Agreement 

Company may modify this Agreement from time to time. Any and all changes to this Agreement will  be posted on the Website and revisions will be indicated by date. You agree to be bound to any  changes to this Agreement when you use the Company Services after any such modification becomes  effective. Company may also, in its discretion, choose to alert all users with whom it maintains email  information of such modifications by means of an email to their most recently provided email address.  It is therefore important that you regularly review this Agreement and keep your contact information  current in your account settings to ensure you are informed of changes. You agree that you will  periodically check the Website for updates to this Agreement and you will read the messages we send  you to inform you of any changes. Modifications to this Agreement shall be effective after posting. 

To Services 

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the  Company Services (or any part thereof) with or without notice. You agree that Company shall not be  liable to you or to any third party for any modification, suspension or discontinuance of the Company  Services. 

DISPUTES 

Between Users 

If there is a dispute between users of the Website, or between users and any third party, you  understand and agree that Company is under no obligation to become involved. In the event that you  have a dispute with one or more other users, you hereby release Company, its officers, employees,  agents and successors in rights from claims, demands and damages (actual and consequential) of  every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed,  arising out of or in any way related to such disputes and/or the Company Services.  

With Company 

1. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company  Services shall be governed by and construed in accordance with the internal laws of the State of  [state], without regard to conflict of law provisions. With respect to any disputes or claims not 

Terms of Use 

subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence  or prosecute any action in connection therewith other than in the state and federal courts located  in Kern County, State of CA, and you hereby consent to, and waive all defenses of lack of personal  jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and  federal courts. Application of the United Nations Convention on Contracts for the International Sale  of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer  Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim,  action or proceeding by you related in any way to the Website or Company Services be instituted  more than two (2) years after the cause of action arose. 

1. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or  claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate  any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days  before initiating any arbitration or court proceeding. Such informal negotiations commence upon  written notice from one person to the other. 
2. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal  negotiations, either you or Company may elect to have the Dispute (except those Disputes  expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT  THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY  TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules  of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary  Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available  at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration  shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator.  Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA  Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are  determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses.  The arbitration may be conducted in person, through the submission of documents, by phone or  online. The arbitrator will make a decision in writing, but need not provide a statement of reasons  unless requested by a party. The arbitrator must follow applicable law, and any award may be  challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA  rules or applicable law, the arbitration will take place in __________ County, State of [state]. Except  as otherwise provided in this Agreement, you and Company may litigate in court to compel  arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment  on the award entered by the arbitrator. 
3. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute  between Company and you individually. To the full extent permitted by law, (1) no arbitration shall  be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute  to be brought in a purported representative capacity on behalf of the general public or any other  persons.

Terms of Use 

1. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the  following Disputes are not subject to the above provisions concerning informal negotiations and  binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any  of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from,  allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive  relief. If this Section is found to be illegal or unenforceable then neither you nor Company will elect  to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable  and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for  jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.  

CORRECTIONS 

Occasionally there may be information on the Website that contains typographical errors, inaccuracies  or omissions that may relate to service descriptions, pricing, availability, and various other information.  Company reserves the right to correct any errors, inaccuracies or omissions and to change or update  the information at any time, without prior notice. 

DISCLAIMERS 

Company cannot control the nature of all of the content available on the Website. By operating the  Website, Company does not represent or imply that Company endorses any blogs, contributions or  other content available on or linked to by the Website, including without limitation content hosted on  third party websites or provided by third party applications, or that Company believes contributions,  blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible  for unlawful or otherwise objectionable content you may encounter on the Website or in connection  with any contributions. The Company is not responsible for the conduct, whether online or offline, of  any user of the Website or Company Services. 

YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR  SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS,  DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR  IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR  USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR  COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES  LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A)  ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL  INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR  ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF  OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR  FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF  TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, 

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VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH  THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY  CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A  RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE  AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR  ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY  A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN  ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY  WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT  OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR  BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.  

LIMITATIONS OF LIABILITY 

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO  YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,  INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,  LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR  COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,  COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE  FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY  YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3)  MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE  EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME  OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU  MAY HAVE ADDITIONAL RIGHTS. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,  WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR  DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE  RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT  WITH THE DEBTOR.” 

INDEMNITY 

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective  officers, agents, partners and employees, harmless from and against, any loss, damage, liability,  claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to  or arising out of your contributed content, use of the Company Services, and/or arising from a breach  of this Agreement and/or any breach of your representations and warranties set forth 

Terms of Use 

above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the  exclusive defense and control of any matter for which you are required to indemnify Company, and  you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use  reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this  indemnification upon becoming aware of it. 

NOTICES 

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the  address listed in the contact information below. Any notices given to you shall be given to the email  address you provided during the registration process, or such other address as each party may  specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the  sending party is notified that the email address is invalid. We may also choose to send notices by  regular mail. 

USER DATA 

Our Website will maintain certain data that you transfer to the Website for the purpose of the  performance of the Company Services, as well as data relating to your use of the Company Services.  Although we perform regular routine backups of data, you are primarily responsible for all data that  you have transferred or that relates to any activity you have undertaken using the Company Services.  You agree that Company shall have no liability to you for any loss or corruption of any such data, and  you hereby waive any right of action against Company arising from any such loss or corruption of such  data. 

USER CONDUCT  

You agree not to: Use the Website for any unlawful purpose; Attempt to gain unauthorized access to  the Website; Introduce malicious software or code; Interfere with Website functionality;Use automated  systems to scrape or extract Website data without authorization; Misrepresent your identity. 

INTELLECTUAL PROPERTY 

All content appearing on the Website, including text, graphics, logos, designs, images, videos, service  descriptions, and other materials (“Company Content”), is owned by or licensed to Everar Vitality &  Serenity Wellness Inc. and is protected by applicable intellectual property laws. You may not  reproduce, distribute, modify, publish, transmit, or otherwise exploit any Company Content without  prior written consent.  

GOVERNING LAW 

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These Terms shall be governed by and construed in accordance with the laws of the State of  California. Any disputes arising under these Terms shall be resolved exclusively in the state or federal  courts located in Kern County, California, and you consent to the jurisdiction of those courts.  

CHANGES TO THESE TERMS  

Everar Vitality & Serenity Wellness Inc. reserves the right to modify these Terms at any time. Updated  versions will be posted on the Website with a revised effective date. Your continued use of the Website  following any changes constitutes acceptance of the revised Terms. 

TERMINATION  

We reserve the right to restrict or terminate access to the Website at any time and without notice if we  believe a user has violated these Terms or applicable law. 

ELECTRONIC CONTRACTING 

Your use of the Company Services includes the ability to enter into agreements and/or to make  transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS  CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH  AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY  ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS  YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF  CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your  electronic records, you may be required to have certain hardware and software, which are your sole  responsibility.  

ELECTRONIC SIGNATURES 

Users are allowed on Yolos to transmit and receive valid electronic signatures in the United States  under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the  Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’ signatures  and identities are not authenticated on Yolos. 

MISCELLANEOUS 

This Agreement constitutes the entire agreement between you and Company regarding the use of the  Company Services. The failure of Company to exercise or enforce any right or provision of this  Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement  are for convenience only and have no legal or contractual effect. This Agreement operates to the  fullest extent permissible by law. This Agreement and your account may not be assigned by you  without our express written consent. Company may assign any or all of its rights and obligations to  others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure 

Terms of Use 

to act caused by any cause beyond Company’s reasonable control. If any provision or part of a  provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision  is deemed severable from this Agreement and does not affect the validity and enforceability of any  remaining provisions. There is no joint venture, partnership, employment or agency relationship  created between you and Company as a result of this Agreement or use of the Website and Company  Services. Upon Company’s request, you will furnish Company any documentation, substantiation or  releases necessary to verify your compliance with this Agreement. You agree that this Agreement will  not be construed against Company by virtue of having drafted them. You hereby waive any and all  defenses you may have based on the electronic form of this Agreement and the lack of signing by the  parties hereto to execute this Agreement. 

CONTACT US 

In order to resolve a complaint regarding the Company Services or to receive further information  regarding use of the Company Services, please contact Company as set forth below: 

Norma Buenrostro 

2817 N. Chester ave 

Bakersfield Ca, 93308 

info@everarwellness.com 

Phone:661-218-9420

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GENERAL INSTRUCTIONS 

WHAT IS A TERMS OF USE  

AGREEMENT? 

A Terms of Use Agreement is a written set of  rules and regulations between two parties, the  User and the Company, that the User must agree  to follow in order to use the Company’s website  and services. 

WHEN IS A TERMS OF USE  AGREEMENT NEEDED? 

While Terms and Conditions are not required by  law, any website, especially e-commerce or  social networking websites or applications and  any website or internet service provider that  stores a User’s personal data, should consider  having Terms and Conditions. 

A written set of Terms and Conditions protects  the Company and acts an instruction manual for  its website. It allows the Company to explain  things related to its service or product, including,  among other things: 

• how purchases, payment, and returns are  handled 
• ownership and use of content and intellectual  property 
• how Users must conduct themselves, including  any prohibited behavior 
• limitations on liability and disclaimers • the Company’s privacy policy 

WHO NEEDS A TERMS OF USE  AGREEMENT? 

Almost every website or application that provides  a service or product has a Terms of Use  Agreement. 

Here are some examples of websites and apps  that use a Terms of Use Agreement: 

• E-Commerce Company – Ebay, Amazon,  Target, Gap 
• Social Media Website or Application – Facebook, Instagram, Twitter, Snapchat 
• Search Engine – Google, Yahoo, Bing • Website or Application 

Providing a Service or Product – 

YouTube, Apple, Uber 

• Gaming Website or Application – 

Playstation, Pokemon Go, Candy Crush 

WHAT SHOULD BE INCLUDED IN A  TERMS OF USE? 

A simple Terms of Service should generally have  at least the following: 

• Who is the Company providing the service or  product 
• What is the service or product provided by the  Company 
• Where is the Company’s website 
• When will the agreement terminate 
• Why might the User not be granted access to  the website 
• How does the User agree to accept the Terms  of Service 

The Company can tailor the rules and  regulations, or “terms of use”, according to the  service or product it provides and its specific  needs. The Terms of Use Agreement can be  posted on the Company’s website either as a  browsewrap agreement or a clickwrap  agreement. 

OTHER NAMES 

As a reference, a Terms of Use Agreement is  known by other names: 

• Terms of Service Agreement 
• Terms and Conditions 
• User Agreement 
• Statement of Rights and Responsibilities • Disclaimer 
• TOU 
• ToS 
• TOS 
• TOC
  

Terms of Use (Rev. 133ED55)