Terms & Conditions

Last Updated: October 10, 2026

Use of this website operated by Topmost Brand LLC d/b/a TOPMOST, and our affiliates (collectively, “TOPMOST,” “we,” “us,” “our”), any related apps that we may provide, together with all products and services TOPMOST may offer from time to time via TOPMOST’S website and/or related apps, TOPMOST’S related social media sites and pages, or otherwise through your interactions with TOPMOST (the website, apps, products, services, and social media pages, any other related products and services that refer to or link these legal terms, collectively, the “Services”) are subject to the terms and conditions stated herein, including without limitation (collectively, the “Terms and Conditions”).

You can contact us by email at support@topmostbrand.com, or by mail to 1309 Coffeen Avenue STE 1200 Sheridan, Wyoming 82801 USA.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and TOPMOST, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Services are intended for users who are at least 18 years old. By your use of the Services you certify that you are 18 years old or older and are competent and able to give TOPMOST rights as detailed in these Terms and Conditions and to comply with these Terms and Conditions. Persons under the age of 18 are not permitted to use or register for the Services.

TOPMOST reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you.

Any breach of these Terms and Conditions may risk your continued use of the Services and may result in the cancellation of your orders, among other consequences.

Revisions to These Terms and Conditions

TOPMOST reserves the right, in our sole discretion, at any time and without notice, to add to, change, update, or modify these Terms and Conditions simply by posting such addition, change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. We suggest that you check these Terms and Conditions periodically for changes.

You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

 

Privacy

Please refer to our Privacy Policy to understand how we collect, use and safeguard the information you may provide to us via the Services, including personal information.

Account Security

If you create an account on the Services, you are responsible for maintaining the confidentiality of your account information and password. You are responsible for protecting and restricting access to such information. You understand and agree that you are responsible for all activities that occur using your account or password, whether or not you authorized such activity. TOPMOST reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict access to all or part of the Services for any reason, including, without limitation, for extended periods of inactivity.

Our Products

When describing and displaying our products, TOPMOST seeks to be accurate. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Services or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only, and fit and sizing may vary between brands, products, and even the same or similar products. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Services. As a result, and as set forth in the “Disclaimers” section below, TOPMOST does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the Services, including prices, product images, descriptions, specifications, and indications of availability. TOPMOST reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Pricing and Payment

Prices and availability information are subject to change without notice. The price for all goods will be as quoted on the Services. The prices displayed on the Services are quoted in U.S. dollars. Prices displayed do not include sales tax, where applicable, or delivery costs, both of which you agree to pay upon ordering.

TOPMOST accepts the following forms of payment:

 

-  Visa

-  Mastercard

-  American Express

-  Discover

-  PayPal

-  Shop Pay

-  Apple Pay

 

Acceptance of Orders

All orders placed by you are subject to acceptance by TOPMOST and all items and products are subject to availability.

An acknowledgement of your order means that TOPMOST has received your order request. It does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. TOPMOST may, in its discretion require additional verification or information before accepting any order.

TOPMOST reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; violation of these Terms and Conditions; or actual or suspected fraud or abuse.

TOPMOST will verify the availability and price of an item before it is shipped. If an item's correct price is lower than the stated price, TOPMOST will charge the lower amount and ship you the item. If an item's correct price is higher than the stated price, if the item is no longer available, or if TOPMOST determines that there were inaccuracies in the product information, TOPMOST may cancel your order and notify you of such cancellation via email.

Limited Releases

In an effort to allow fairness for all customers, our limited and/or special releases products may be restricted to specified number of units per customer. Please note that if multiple orders are submitted under the same address they will be canceled. Abusive behavior will not be tolerated. Should this pattern continue, your account may be subject to review, and possible revocation of your account. If you believe there was any error, please reach out at support@topmostbrand.com.

Risk of Loss

All purchases through the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon TOPMOST’S delivery of such items to the shipping carrier. Except as expressly set forth in these Terms and Conditions, you are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.

Shipping and Returns/Exchanges

For information regarding shipping, please see our shipping policy.

TOPMOST will gladly exchange an item for online store credit only. Before sending the item back, please email support@topmostbrand.com within 2 days of receipt of your shipment. Packages sent without first contacting us will not be accepted. Items to be exchanged must be returned in perfect, new condition with all original tags attached. TOPMOST must receive the returned item within 7 days of return authorization.

 

For any returned items, you will not be refunded the original cost of shipping, and you are responsible for the cost of the return shipping. Items may not be returned or exchanged in person at any Supreme store location. Coffee and all related coffee goods including but not limited to mugs, milk pitchers, and tumblers, Final sale, Made-to-order, or Sale Items cannot be returned or exchanged.

 

Any TOPMOST product that is delivered defective may be sent back for a full refund or replacement if the product is available.

International

We do not currently ship outside of the United States.

TOPMOST is not responsible and will not reimburse any duties or taxes resulting from your refusal of delivery or failure to pay additional duties upon arrival.

Stolen or Lost Packages

TOPMOST is not responsible for any lost or stolen shipments. However, if your package does not arrive, please contact support@topmostbrand.com for assistance with initiating a shipping carrier claim.

Intellectual Property

Subject to these Terms and Conditions, you are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Services and view the content, functionality, software, information, data, products, and materials contained, described, referenced, or available on the Services (collectively, “Materials”) for your personal and non-commercial purposes. Neither title nor intellectual property rights are transferred to you, but remain with TOPMOST, who, along with its licensors, is the exclusive owner of all rights, title and interest therein. Except as otherwise expressly provided, all rights are reserved to TOPMOST. 

In connection with this license, you may download Materials, provided that you do not modify or alter the Materials in any way, nor delete, obscure, or change any copyright, trademark, or other intellectual property notice therein.

You may include a link to the TOPMOST website on one or more other websites operated by you, provided such websites link to the home page (https://topmostbrand.com/) only and you are not linking from any site or service that violates any of the below “Restrictions on Use” or that is or contains Malicious Code (as defined below) and/or content that is disparaging, abusive, harassing, illegal, discriminatory, fraudulent, or violates the intellectual property, privacy, or other rights of TOPMOST or any person or entity. Linking to other content within the Services is prohibited without TOPMOST’S prior express written consent. This limited license expressly prohibits the framing of TOPMOST content in any way or any other activity that may confuse, misdirect, or misrepresent with respect to sponsorship or affiliation.

Restrictions on Use

You agree that you shall not:

                     Copy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, rent, lease, lend, otherwise distribute or commercially exploit in any way, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Services or any Materials obtained from or through the Services;

                     “Frame” or use the Services or any Materials in any way that might confuse, misdirect, or misrepresent their source, or sponsorship or affiliation thereof or therewith;

                     Take any action that imposes an unreasonable or disproportionately large load on the Services;

                     Take any action in connection with your use of Services or Materials which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use thereof; or

                     otherwise use the Services for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to TOPMOST or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, “Malicious Code”).

DO NOT USE THE SERVICES WHILE OPERATING A MOTORIZED VEHICLE. SUCH USE MAY DISTRACT YOU, MAY CREATE A HAZARD FOR YOU OR OTHERS AND IS ILLEGAL IN MANY AREAS. 

Proprietary Materials

All Services and Materials, any improvements or modifications to such Services and Materials, any derivative works based thereon, and the collection, arrangement and assembly of all such Services and Materials, are, except as otherwise expressly stated herein, owned exclusively by TOPMOST or its licensors, and TOPMOST (and, as applicable, its licensors) reserve all rights therein. The contents of the Services and Materials are protected by United States and worldwide copyright and intellectual property laws and treaty provisions. The trademarks, service marks, trade names, logos, and other identifiers used in or in connection with the Services and Materials are the proprietary service marks or trademarks of TOPMOST, its licensors, or third parties, and are protected in the United States and internationally. No copying, modification or use of any of these marks or identifiers may be made without the prior, written authorization of TOPMOST or its licensors (as applicable). Except as expressly set forth above, nothing in this Agreement shall be deemed to grant to you or any other individual or entity any license or right in or to any copyright, trademark, trade secret or other proprietary right, whether owned by TOPMOST, its licensors, or any other person.

Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS THE SERVICES AND ALL MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; (b) ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE SERVICES OR MATERIALS; (c) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES, MATERIALS, AND/OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERUPTED, SECURE, OR FREE OF ERRORS OR MALICIOUS CODE; AND (d) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

IN ADDITION, TOPMOST DOES NOT AND CANNOT REPRESENT, GUARANTEE OR WARRANT THAT THE MATERIALS ACCESSIBLE ON OR VIA THE SERVICES ARE ACCURATE, CORRECT, COMPLETE, RELIABLE, OR CURRENT, AND TOPMOST IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TOPMOST, ITS PARENTS, ITS RESPECTIVE OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, AGENTS, OR CONTRACTORS BE LIABLE TO YOU ITS PARTNERS, NOR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF topmost HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, OR ANY MATERIALS, PAGES, OR CONTENT ACCESSIBLE VIA THE SERVICES, NOR WILL TOPMOST, ITS PARTNERS, OR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES.

EXCEPT TO EXTENT PROHIBITED BY APPLICABLE LAW, TOPMOST’S LIABILITY TO YOU IS LIMITED AS SET FORTH IN THIS SECTION. SOME COUNTRIES OR STATES PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT BE APPLICABLE TO YOU.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, TOPMOST’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, COMBINED WITH THAT OF TOPMOST’S PARTNERS AND ITS AND THEIR THIRD PARTY PROVIDERS AND LICENSORS, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS YOU PAID TO US UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold TOPMOST, its partners, its licensors, and its and their affiliates, members, officers, directors, managers, partners, employees, consultants, temporary resources, agents, suppliers, providers, contractors, subcontractors, licensors, successors, transferees, and assignees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (a) your use of the Services, or any Materials, content, information, or services contained, displayed, available or accessible on or from the Services; (b) your violation of these Terms and Conditions; (c) any Ideas (as defined below) provided by you to TOPMOST; or (d) your violation of any rights of any third party. 

Third-Party Links

The Services may provide links or references to third party websites, mobile applications, services, or materials which are not provided by, related to, or maintained by TOPMOST. TOPMOST has no responsibility for the content thereof, regardless of whether the link is provided by TOPMOST or a third party, and TOPMOST shall not be responsible or liable for any damages or injury arising from your access to or use of that content. You should review any Terms and Conditions and Privacy Policies or Statements (and similar documents) associated with such third-party websites, applications, services, or materials before use.

The display of any link shall not and does not constitute or imply endorsement by TOPMOST or its partners or its and their licensors of the linked website or any content therein. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Services may link, including information on such other website regarding TOPMOST or its partners.

Ideas and Feedback

TOPMOST generally does not accept ideas, know-how, inventions or suggestions for products and services (“Ideas”). This is for your protection and for ours, and to avoid misunderstanding about the origin of Ideas between you and TOPMOST.

You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise.

Please note that any Ideas, remarks, graphics, or other information provided by you by any means, including through the Services, email, a “Contact Us” form, any “Live Chat” functionality on the Services, or otherwise, is and will be non-confidential and non-proprietary, except to the extent that such contains or constitutes personal information, which is subject to the guidelines established in our Privacy Policy.  

Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law

Equitable Relief

You acknowledge and agree that the terms set forth in these Terms and Conditions are necessary and reasonable. You acknowledge and agree that your threatened or actual breach of these Terms and Conditions would give rise to irreparable harm to TOPMOST for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle TOPMOST to immediate injunctive and other equitable relief without any requirement to post bond. 

Governing Law; Venue

These Terms and Conditions are governed and interpreted pursuant to the laws of the State of Oregon, United States of America, notwithstanding any principles of conflicts of law. TOPMOST makes no representation that Materials provided through the Services are applicable or appropriate for use in all locations. If you use the Services from other locations you are responsible for compliance with applicable local laws. If you take legal action relating to these Terms and Conditions or your interactions with or relationship to TOPMOST that is not subject to arbitration as provided below, you agree to file such action only in the state and federal courts located in Multnomah county, Oregon and waive any objection you may have to the venue or forum.

Pre-Arbitration Dispute Resolution

Any controversy or claim between you and TOPMOST arising out of or relating to these Terms and Conditions, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of these Terms and Conditions (a “Dispute”), will be resolved in accordance with the following process.  One party must first send a written notice of the Dispute to the other party by email with a delivery receipt requested (“Notice”). TOPMOST’S email address for Notice is support@topmostbrand.com. The Notice must describe the nature and basis of the Dispute, and set forth the specific relief sought (the “Demand”). The parties shall first meet and confer by such method as the parties may mutually agree, to attempt to resolve the Dispute.  The parties shall work together in good faith to attempt to resolve the Dispute directly for thirty (30) days after the Notice is received, or such further period as the parties may mutually agree.  In the event that the Dispute is not resolved by the end of such thirty (30) day (or longer) period, then either party may commence arbitration, as further described below.

Arbitration

If after the good faith negotiation procedure set forth above, the parties are unable to resolve a Dispute, then you and TOPMOST agree that such Dispute will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate Disputes includes all claims arising out of or in any way related to these Terms of Service, and your receipt of marketing messages from TOPMOST or its service providers, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND TOPMOST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.  Notwithstanding the foregoing, nothing in these Terms and Conditions will be deemed to waive, preclude or otherwise limit the right of either party to (i) seek injunctive relief in aid of arbitration from a court of competent jurisdiction in Portland, Oregon; or (ii) file suit on an individual basis in small claims court for applicable claims.

Arbitration Process

Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted in Portland Oregon, or by video conference (at the claimant’s election), and will be governed by National Arbitration and Mediation’s (“NAM”) Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”), as may be modified by these Terms and Conditions and/or the Loyalty Terms.   The NAM Rules and filing forms are available online at www.namadr.com, by calling NAM at 1-800-358-2550.

The arbitration will have one (1) neutral arbitrator if the amount in controversy is less than five-hundred thousand dollars ($500,000) or otherwise before a panel of three (3) neutral arbitrators. In the case of both one (1) neutral arbitrator or a panel of three (3) neutral arbitrators, all neutral arbitrators must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of NAM. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, TOPMOST and you shall each select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by TOPMOST and you are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by NAM.

The parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Terms and Conditions. All arbitration proceedings will be conducted in English. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.  In the event that any Dispute is held not to be arbitrable in accordance with this Section, each party consents to the exclusive jurisdiction of the state or federal courts, as applicable, located in Portland, Oregon.  

Fees

You agree that if you commence arbitration in accordance with this Section, you will pay the NAM’s then-applicable fee schedule Initial Administrative Fee. If the claim is for $15,000 or less, you agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the NAM Rules. In that case, you agree to reimburse us for all monies we previously paid to NAM pursuant to the NAM Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except as may be required by law or to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or us, which is made within 14 days of the arbitrator's ruling on the merits. In addition, the arbitrator may award any individual relief or individual remedies that are permitted by applicable law.

No Class Actions

As permitted to the fullest extent of applicable law, you and TOPMOST agree that ANY AND ALL CLAIMS BROUGHT BY YOU AGAINST TOPMOST MUST BE BROUGHT IN ON AN INDIVIDUAL BASIS IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.  IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS AND CONDITIONS.

Enforcement

If any part of these Terms and Conditions is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.

Assignment

You may not transfer or assign these Terms and Conditions or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement shall be entirely null and void. Any failure of TOPMOST to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms and Conditions set forth the entire understanding between you and TOPMOST with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and TOPMOST with respect to such subject matter.

Amendments and Modifications to the Services

TOPMOST reserves the right to make changes to the information, data, and Materials provided on the Services at any time at its discretion and without notice. TOPMOST also reserves the right to modify or discontinue the some or all of the Services, or any Materials contained or accessible thereon, at any time without prior notice. TOPMOST shall in no way be held liable for any consequence which results from TOPMOST’S decision to modify or discontinue providing the Services or any content or functionality thereof.

Miscellaneous

You guarantee that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

TOPMOST expressly reserves the right to monitor any and all use of the Services. TOPMOST also reserves the right to investigate and take legal action against any against any illegal and/or unauthorized use of the Services and/or Materials. TOPMOST’S decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver of any provision of this Agreement or any of TOPMOST’S legal rights. 

These Terms and Conditions constitute the entire agreement between you and TOPMOST with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and representations, whether written, oral, or otherwise.

Digital Millennium Copyright Act (DMCA) Notice

 

TOPMOST respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information in writing:

 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property interest;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material on our site that you claim is infringing, with enough detail so we can locate it (e.g., a specific URL);
4. Your address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Designated Agent Contact Details:

 

• Attn: DMCA Copyright Agent
• Company Name: TOPMOST
• Mailing Address: 1309 Coffeen Avenue STE 1200, Sheridan, Wyoming 82801 USA
• Email: privacy@topmostbrand.com

 

California Modern Slavery Act Statement

TOPMOST is committed to preventing modern slavery and human trafficking in its supply chains and business operations. TOPMOST chooses its business partners with an emphasis on working with those equally committed to maintaining the highest levels of business standards and labor practices.

Contact Information

Any questions regarding these Terms and Conditions should be directed to:

Topmost

1309 Coffeen Avenue STE 1200
Sheridan, Wyoming 82801
USA

support@topmostbrand.com

SMS Service Terms and Conditions

Your use of TOPMOST’S SMS text messaging service (the “SMS Service”) constitutes your agreement to these terms and conditions (these “SMS Terms”). We reserve the right to modify or cancel the SMS Service or any of its features at any time, without notice. As permitted by applicable law, we may also modify these SMS Terms at any time and your continued use of the SMS Service following the effective date of any such changes shall constitute your acceptance of such changes.

By electing to consent to participate in the SMS Service, you agree to receive recurring SMS/text messages from and on behalf of TOPMOST through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. From time to time, we may send you promotional or marketing messages to inform you about product launches, promotions, markdowns, partnership announcements and other marketing offers.  

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with TOPMOST. Your participation in this program is completely voluntary.

We do not charge for the SMS Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS text messages, including charges from your wireless provider.

You may opt-out of the SMS Service at any time. Text the single keyword command STOP. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other mobile message programs from TOPMOST and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For SMS Service support or assistance please email support@topmostbrand.com.

We may change any short code or telephone number we use to operate the SMS Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the SMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

Without any limitation to the generality of the limitation of liability provision set forth above, to the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, any errors in such information, and/or any action or inaction you may take in reliance on the information or SMS Service.

For more information on how we collect and use your personal information, including your phone number, please see our Privacy Policy.