Terms of Service

Last updated: September 30, 2026

These Terms of Service (“Terms”) are the agreement between you and Never Sober LLC (“Never Sober,” “we,” “us”) for purchases from neversober.com, including through our Shopify checkout, and for use of the site. You agree to these Terms when you place an order, subscribe, or buy a membership after being shown a link to them. Merely browsing the site does not by itself mean you agree to arbitration. Our Privacy Policy, Shipping Policy and Returns and Refunds policy are part of these Terms.

Please read section 17 (Disputes). It says most disputes are resolved by individual arbitration instead of in court, lists the exceptions, and explains how to opt out within 30 days.

1) Who can use the site

• You must be at least 18, or the age of majority where you live, to place an order. If you’re younger, a parent or guardian must place the order and agree to these Terms.
• Afterparty events and the Annual Pass’s event benefits are for guests 21 and over, with valid ID.
• You can use the site for personal, non-commercial purposes only. We may refuse service, cancel orders, or suspend access if these Terms are broken.

2) Orders, pricing & availability

• Your order is an offer to buy. It’s accepted when we ship it (or, for digital items, when we confirm it by email). Your order confirmation email is not acceptance.
• Prices are in U.S. dollars and can change at any time before you order. We may limit quantities, and we may cancel orders we reasonably believe are from resellers, duplicates, fraudulent, or placed with a pricing or listing error. If we cancel after you’ve paid, we refund you in full.
• Colors and images may look different on your screen. Products, promotions and availability can change without notice.
• Keep your account and contact details accurate. You’re responsible for activity on your account.

3) Payment

• Checkout is run by Shopify. Card details are processed by our payment providers and are never stored by us. You authorize us to charge your payment method for the total shown at checkout, including shipping and taxes.
• Never send us full card numbers by email or text.

4) Shipping & risk of loss

• We ship to U.S. addresses only. Rates, the free-shipping threshold and delivery estimates are in our Shipping Policy. Delivery dates are estimates.
• We are responsible for loss or damage while your order is in transit to the delivery address you gave us. If it’s lost or arrives damaged, contact support@neversober.com. Once confirmed, we send a replacement at no extra charge or refund you, including shipping charges. You don’t have to recover anything from the carrier yourself.
• If we can’t ship an order within the time we told you (or within 30 days if we gave no time), we’ll tell you, give a revised date, and let you cancel for a full refund.

5) Returns & refunds

Returns and refunds follow our Returns and Refunds policy. In short: unused merchandise can be returned within 30 days of delivery; energy drinks and other consumables can’t be returned for a change of mind once shipped; and items marked “Final sale” on their product page can’t be returned for a change of mind. These limits never restrict your remedies for damaged, defective, unsafe, recalled, incorrect or misdescribed products, or other rights under the law.

6) Pre-orders

• Items marked Pre-Order are out of stock and ship when stock arrives. We charge your payment method when you place the order.
• If the product page shows a ship date or window, that date applies instead of our normal handling time. If it doesn’t show one, we will ship within 30 days of your order.
• If we can’t ship on time, we’ll email you before that deadline with the revised timing and the option to cancel for a full refund. Where the law requires your consent to a delay and we don’t get it, we cancel and refund the unshipped item.
• You can cancel a pre-order for a full refund any time before it ships.

7) Subscribe & Save

• What it is. Subscribe & Save delivers the products you choose every month at 15% off their one-time price. It renews automatically every month until you cancel, and there is no minimum number of deliveries. Before you subscribe, checkout shows the products, quantities, first charge, recurring price, shipping, taxes and billing frequency. By choosing Subscribe & Save and completing checkout, you authorize those recurring charges. Your order confirmation email includes these terms and how to cancel.
• Cancel anytime. You can cancel future renewals at any time from your account or by emailing support@neversober.com. Cancellation takes effect when you complete it online or when we receive your request, and we won’t start another renewal charge after that. A renewal already charged before you cancelled is a separate order under our Shipping and Returns policies. If a renewal is charged after you cancelled, we refund it. You can also skip or pause deliveries from your account.
• Price changes. Before a subscription price or recurring shipping charge changes, we’ll email you the new amount, its effective date, and a cancellation link at least 7 calendar days and at least 5 business days, but no more than 30 calendar days, before the change takes effect. For New York subscribers, we’ll get your affirmative consent before charging an increased amount; if you don’t consent, we won’t charge it, and we’ll either continue at your existing price or tell you your subscription will end before the increase. Elsewhere, we’ll give any additional notice and get any consent the law requires.
• Reminders. We’ll email you a reminder at least once a year listing what you’re subscribed to, how often you’re billed, the amount, and how to cancel.
• Subscription orders follow the returns rules for the products in them.

8) Afterparty Annual Pass

• The Annual Pass is a digital membership. It’s a single charge that covers 12 months from the day you buy it, and it does not renew automatically.
• The pass is personal to the email on your order and can’t be transferred or resold.
• Your benefits. The benefits, and any clearly marked rollout limits, shown on the Afterparty page when you buy govern your 12 months; later edits to the page don’t reduce them. If we materially reduce a benefit you bought during your term, you may cancel and get a refund for the unused part of the term from the date of the reduction. That doesn’t limit any other refund or remedy for benefits we failed to provide. Contact Order help for any membership remedy.
• Events. Pass event benefits are for guests 21 and over with valid government-issued ID. Members get priority entry and the VIP line when offered. Entry and seating depend on capacity, reservations, any separately disclosed ticket requirements, and safety rules; the pass and member card don’t guarantee entry, a table, or admission to every event.
• Party Favors. While your pass is active, the base earning rate is one Party Favor per $1 you actually pay, after discounts, for purchases on neversober.com, excluding tax, shipping and the pass itself. During your birthday week, eligible purchases earn two Favors per $1 on the same basis. Refunded amounts don’t earn Favors, and any base or bonus Favors earned on them are removed. Favors are promotional points, not dollars or store credit, and can’t be sold or transferred. Unused Favors expire when your current pass ends, unless the law requires otherwise. Rewards and their point prices are shown in the rewards catalog before you redeem.
• Member discounts can’t be combined with other discount codes unless we say so.

9) Discounts, promotions & the game

• Discount codes are single-use unless stated, can’t be combined unless stated, have no cash value, and may expire. Signup discount codes are sent by email, one per subscriber.
• Old Town: The Game is free to play. No purchase, membership or marketing signup is needed to play or to receive an earned code. Clear all six venues in one completed game and submit your score for validation. A validated score from 50,000 through 89,999 earns a 25%-off hat code; a validated score of 90,000 or more earns a 50%-off hat code instead. Only the highest tier is awarded for a game. Codes are unique, single-use, can’t be combined, apply to hats only (shipping and tax still apply), are emailed after validation, and expire 48 hours after they’re issued. We may reject scores from cheating, bots or exploits.
• We may change or end a promotion going forward. That never cancels a code you’ve legitimately earned before it expires. Promotions are void where prohibited.

10) Using our products

• Never Sober energy drinks contain caffeine: 116mg per 12 oz can. Lil Bump contains caffeine within a 200mg proprietary energy blend per 2 oz bottle; 200mg is the total blend weight, not the caffeine amount. Not recommended for children, people who are pregnant or nursing, or people sensitive to caffeine. Follow the label directions.
• Never Sober drinks are non-alcoholic. Please drink responsibly and never drink and drive.
• For supplements, follow the label directions and warnings, and ask a healthcare professional before use if you have a medical condition or take medication.
• Follow the manufacturer instructions for electronics, appliances and other products.

11) Events & the Afterparty

• Afterparty events and Annual Pass event benefits are 21+ with valid government-issued ID. Entry is subject to capacity and safety rules, and we may refuse or remove anyone for safety or bad behavior.
• Events may be photographed or filmed. By attending, you agree we may use footage that includes you in our content, where the law allows.
• If we cancel an event you bought admission to directly from us, we refund the admission price and any mandatory fees you paid us. If we materially reschedule it, you choose the new date or that refund.

12) Emails & text messages

• If you sign up, we may send marketing emails. Unsubscribe anytime using the link in any email.
• Marketing texts require a separate opt-in; giving us a number for order updates doesn’t sign you up for marketing texts. Consent isn’t a condition of purchase. Message frequency varies; message and data rates may apply.
• You can stop marketing texts by replying STOP, emailing support@neversober.com, or any other reasonable way of telling us, and we’ll honor it promptly. Reply HELP for help. Carriers aren’t liable for delayed or undelivered messages.

13) Content you share

• If you send us ideas, feedback, reviews, photos or other content, you give us a non-exclusive, royalty-free, worldwide license to use, copy, edit and share it in connection with Never Sober, without paying you. You confirm you have the right to share it.
• Don’t submit anything illegal, infringing, harmful, or that includes someone else’s private information.

14) Our content & trademarks

The site, its design, text, graphics, photos, video and the Never Sober name and logos belong to Never Sober or its licensors and are protected by law. You may not copy, sell or use them commercially without our written permission.

15) Prohibited uses

Don’t use the site to break the law, harass anyone, infringe rights, spread malware, scrape or spam, buy for resale without our permission, interfere with the site or checkout, or get around security or purchase limits. We may suspend or end access for violations.

16) Warranties & liability

• We don’t promise the website will be uninterrupted or error-free. Our product descriptions, express promises, refund obligations, and the warranties and remedies the law requires stay in effect.
• To the extent the law allows, for claims only about how the website works, we aren’t liable for indirect or consequential economic losses. That limit doesn’t apply to product-related injury or property damage, fraud, willful misconduct, gross negligence, statutory consumer remedies, or anything else the law doesn’t let us exclude.
• These Terms don’t require you to cover our costs for our own conduct or just because you bring a consumer claim. Any award of legal fees or costs must be allowed by law and by the applicable arbitration rules.

17) Disputes

• Talk to us first. Email support@neversober.com describing the issue. Please give us 30 days to try to fix it. That period doesn’t stop anyone from filing in time to preserve a claim, bringing an eligible small-claims case, asking for urgent relief, or reporting to a government agency.
• Arbitration. If we can’t resolve it, you and we agree to resolve disputes by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (adr.org), instead of in court. We pay the fees the AAA assigns to the business, and hearing format and location follow those Rules. If the AAA declines or stops administering a case because we didn’t meet its requirements, you may go to court. Either of us may bring an eligible individual claim in small-claims court instead.
• Individual claims only. To the extent the law allows, claims in arbitration proceed individually, not as class or representative actions. This doesn’t waive public injunctive relief or any other claim or remedy the law makes non-waivable; if a court decides particular relief can’t be arbitrated under this agreement, that request may go to court while the rest stays in arbitration.
• Opt out. You can opt out within 30 days of first agreeing to these Terms by emailing support@neversober.com with your name, the email on your order, and a clear statement that you reject arbitration. No special subject line is needed. Opting out removes both arbitration and the class-action waiver and doesn’t affect your purchase or the rest of these Terms.
• Governing law. The Federal Arbitration Act governs this arbitration agreement. Arizona law otherwise governs these Terms, without taking away protections of your home state’s law that can’t be waived. Court cases allowed under these Terms may be brought where you live or in Maricopa County, Arizona.

18) General terms

• We may update these Terms by posting a new version with a new date above. Updated Terms apply to orders and purchases you make after accepting that version. Changes don’t reach back to existing orders, prepaid memberships, earned rewards or existing disputes. Material changes to an ongoing subscription get advance notice and any consent the law requires, and changes to the arbitration agreement need your affirmative acceptance.
• If part of these Terms is found unenforceable, the rest still applies. Our not enforcing a term isn’t a waiver. These Terms and the policies they reference are the whole agreement about the site.
• Events outside our reasonable control may delay performance, but they don’t remove our shipment-notice, cancellation, refund or other obligations under the law.
• We use third-party services (Shopify, payment processors, email, analytics). Links to other sites are provided for convenience; their terms apply there.

19) Contact

Never Sober LLC · 4328 N Wells Fargo Ave, STE 3, Scottsdale, AZ 85251 · support@neversober.com · Order help