Terms of service
TERMS OF SERVICE
Last updated: May 28, 2025
1. Acceptance of Terms
By visiting, accessing, or purchasing from the Mediocre & Co. website (mediocreandco.com) or any affiliated sub-domain (collectively, the “Site”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”) and all other policies referenced herein, including without limitation our Privacy Policy, Shipping & Returns Policy, and any additional guidelines posted on the Site (collectively, the “Agreement”). If you do not agree, you must not use the Site.
2. Eligibility
You must be at least eighteen (18) years old or the age of legal majority in your jurisdiction to use the Site. By using the Site, you represent and warrant that you meet this requirement and have full power and authority to enter into the Agreement.
3. Account Registration & Security
You may browse the Site without creating an account. To access certain features or place orders, you may be required to register. You agree to:
a. provide true, accurate, current, and complete information;
b. maintain and promptly update such information;
c. maintain the security of your password and restrict access to your account;
d. accept full responsibility for all activities that occur under your account.
4. Orders, Acceptance & Cancellation
4.1 Offer and Acceptance. All orders are offers to purchase subject to acceptance by Mediocre & Co. (“Company,” “we,” “us,” or “our”). We may, in our sole discretion, refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, suspected fraud, or violation of these Terms.
4.2 Order Modifications. Orders may be modified or canceled by you only within the limited correction window stated in our Shipping & Returns Policy. After that window, changes are not guaranteed.
4.3 Print-On-Demand Fulfillment. All goods are produced on demand. Production times and shipping estimates are provided for convenience only and are not binding. Title and risk of loss pass to you upon our delivery of goods to the carrier.
5. Pricing & Payment
Prices and availability are subject to change without notice. Prices displayed are in U.S. dollars. You authorize us (or our third-party payment processor) to charge the full amount to your selected payment method at the time of order. You represent that you are authorized to use any payment method you provide.
6. Shipping, Returns & Replacement
All shipping, return, and replacement terms are governed by our Shipping & Returns Policy, which is incorporated herein by reference.
7. Intellectual Property
All content on the Site—including text, graphics, logos, designs, photographs, audio, video, and software—together with all trade names, trademarks, service marks, and other intellectual property (collectively, “Content”) is owned or licensed by the Company and is protected by U.S. and international intellectual-property laws. No right, title, or interest in the Content is transferred to you except for the limited license expressly granted herein. You may not reproduce, distribute, modify, publicly display, or otherwise exploit any Content without our prior written consent.
8. User Content
You are solely responsible for any content, feedback, or materials you submit or upload to the Site (“User Content”). By providing User Content, you:
a. grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable right to use, reproduce, adapt, publish, translate, and distribute such User Content in any media;
b. represent and warrant that you own or control all rights in and to the User Content and have the authority to grant the foregoing license.
We reserve the right, but are not obligated, to review, remove, or disable access to User Content at our sole discretion.
9. Prohibited Conduct
You may not: (a) use the Site for any unlawful purpose; (b) violate any applicable law or regulation; (c) infringe the intellectual-property rights of others; (d) upload or transmit viruses or malicious code; (e) engage in data mining, scraping, or automated extraction; (f) interfere with or disrupt the Site or servers; (g) use the Site to harass, abuse, or harm another person; or (h) assist or encourage any third party in engaging in any of the foregoing.
10. Disclaimer of Warranties
THE SITE, CONTENT, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES; NOR DO WE WARRANT THE QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT OR PRODUCT OBTAINED THROUGH THE SITE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE SITE, PRODUCTS, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR PRODUCTS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT(S) AT ISSUE OR (B) ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; THESE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates, directors, officers, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Site or Products; (b) your breach of this Agreement; (c) your violation of any law or the rights of a third party; or (d) any User Content you submit.
13. Governing Law & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict-of-law principles. Any dispute, controversy, or claim arising out of or relating to this Agreement or the Site shall be submitted to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Pinellas County, Florida, before a single arbitrator, and the award shall be final and binding. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction for the protection of its intellectual-property rights.
14. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including breach of this Agreement. Sections 7–13 and any other provisions which by their nature should survive termination shall so survive.
15. Modifications to the Terms
We reserve the right to modify these Terms at any time. Material changes will be posted on the Site and, where required by law, we will notify you by email or other means. Your continued use of the Site after any modification constitutes acceptance of the revised Terms.
16. Entire Agreement
This Agreement constitutes the entire agreement between you and the Company regarding the Site and supersedes all prior or contemporaneous communications, whether oral or written.
17. Contact Information
If you have questions about these Terms, please contact us at:
Mediocre & Co.
Email: hey@mediocreandco.com