Terms of service

Overview

This website is operated by NeverGraduate. Throughout the site, the terms "we", "us" and "our" refer to NeverGraduate. We offer this website, including all information, tools and services available from it, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting nevergraduate.us or purchasing from us, you engage in our "Service" and agree to be bound by these Terms of Service, including any additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, and contributors of content.

If you do not agree to all the terms of this agreement, you may not access the website or use any services.

Online store terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction.

General conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content, not including credit card information, may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission from us.

Our products

Our products are made to order. Items are printed or embroidered after purchase, which is why production time applies before shipping and why our return terms differ from a store shipping from stock. See our Refund policy and Shipping policy for details.

We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your screen's display of any color will be accurate, and slight variation in color, placement, and finish is a normal characteristic of embroidered and printed garments rather than a defect.

Our designs reference cities, towns, and states. They are our own original designs and are not affiliated with, endorsed by, licensed by, or sponsored by any university, college, athletic program, or other institution.

We reserve the right to limit the quantities of any products we offer, and to discontinue any product at any time. All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion.

Accuracy of billing and account information

We reserve the right to refuse any order you place with us. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email address or phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information so we can complete your transactions and contact you as needed.

Optional tools and third-party links

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge that we provide access to such tools "as is" and "as available" without any warranties or conditions of any kind.

Certain content, products and services available via our Service may include materials from third parties, and third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any harm or damages related to the purchase or use of goods, services, or content of any third-party websites. Please review the third party's policies before you engage in any transaction.

User comments and submissions

If you send us creative ideas, suggestions, proposals, or other materials, whether at our request or not, you agree that we may at any time, without restriction, edit, copy, publish, distribute and otherwise use in any medium any material that you forward to us. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

You agree that your comments will not violate any right of any third party, and will not contain unlawful, abusive, or obscene material. You are solely responsible for any comments you make and their accuracy.

Personal information

Your submission of personal information through the store is governed by our Privacy policy.

Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice, including after you have submitted your order.

Prohibited uses

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform unlawful acts; to violate any regulations, rules, or laws; to infringe upon our intellectual property rights or those of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate; to submit false or misleading information; to upload or transmit viruses or any code that will affect the functionality of the Service; to collect or track the personal information of others; to spam, phish, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

Disclaimer of warranties and limitation of liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products delivered to you through the Service are, except as expressly stated by us, provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied.

In no case shall NeverGraduate, our directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Service or any products procured using the Service. Where jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless NeverGraduate and our affiliates, partners, officers, employees and agents from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. If in our sole judgment you fail to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice.

Entire agreement

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Governing law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Indiana, United States.

Changes to these terms

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.