Terms of service

Welcome to Uppermost. Please read these Terms of Service carefully before using our website or purchasing our products. By accessing or using the Uppermost website or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use our site.

Throughout this document, "we," "us," and "our" refer to Uppermost LLC. Our website is hosted by Shopify Inc., which provides the e-commerce platform enabling us to sell our products to you.

1. ELIGIBILITY

By using this website, you confirm that you are at least 18 years of age, or the age of majority in your state or province of residence. If you are a minor, you may only use this site with the involvement and consent of a parent or legal guardian.

2. ACCEPTABLE USE

You agree to use this website only for lawful purposes. You may not:

Use the site or its content for any illegal or unauthorized purpose
Violate any applicable local, state, national, or international law or regulation
Infringe upon the intellectual property rights of Uppermost or any third party
Transmit harmful or disruptive code, including viruses or malware
Collect or harvest personal information from other users
Engage in spamming, phishing, scraping, or unauthorized data collection
Attempt to interfere with or circumvent the security of this website
Reproduce, resell, or exploit any part of the Service without our express written permission

Violation of any of these terms may result in immediate termination of your access to our Services.

3. PRODUCTS AND SERVICES

Certain products may be available exclusively through our online store in limited quantities. We reserve the right to limit sales by person, household, or order, and to restrict sales to specific geographic regions at our discretion.

We make every reasonable effort to display product colors and images accurately. However, we cannot guarantee that your device's display will precisely reproduce actual product colors. All product descriptions are subject to change without notice.

We reserve the right to discontinue any product or modify pricing at any time. Any offer is void where prohibited by law.

4. PRODUCT INFORMATION AND HEALTH CLAIMS

We strive to ensure that product descriptions, ingredient listings, and marketing materials are accurate and up to date. However, we do not warrant that all content is free from errors or omissions.

All product claims are based on traditional use, publicly available research, or individual ingredient studies. These statements have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.

Individual results may vary. You should consult a qualified healthcare professional before using any dietary supplement, particularly if you are pregnant, nursing, have a medical condition, or are taking prescription medications. By using our products, you acknowledge that we are not liable for any loss, injury, or damage resulting from reliance on product information or marketing content.

5. ORDERING, BILLING, AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order at our sole discretion, including orders that appear to be placed by resellers or distributors, or that involve inaccurate or fraudulent payment information.

You agree to provide accurate and complete billing, shipping, and payment information for all purchases. You are responsible for keeping this information current so we can process transactions and contact you when needed.

If we cancel or modify an order, we will attempt to notify you using the contact information provided at checkout. For details on returns and refunds, please refer to our Returns Policy.

6. PRICING AND SERVICE MODIFICATIONS

Prices are subject to change without notice. We reserve the right to modify, suspend, or discontinue the Service (or any portion thereof) at any time. We will not be liable to you or any third party for any price changes, modifications, or discontinuation of the Service.

7. ACCURACY OF INFORMATION

We strive to maintain accurate and current information on this site, but we do not warrant the completeness or accuracy of any content. Information on this site is provided for general informational purposes only and should not be relied upon as the sole basis for any decision. We reserve the right to correct errors, update information, or cancel orders where inaccuracies exist, even after an order has been submitted.

8. THIRD-PARTY LINKS AND TOOLS

Our website may contain links to third-party websites or provide access to third-party tools. These are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, accuracy, or practices of any third-party site or tool.

Your use of third-party tools or websites is entirely at your own risk. We encourage you to review the terms and privacy policies of any third-party services before engaging with them. Complaints about third-party products or services should be directed to the relevant third party.

9. USER SUBMISSIONS

If you submit feedback, ideas, reviews, or other content to us ("Submissions"), you grant Uppermost a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, publish, and distribute such Submissions in any medium, without compensation or obligation to you.

You agree that all Submissions will be accurate, lawful, and free from harmful content, including viruses, offensive material, or content that infringes the rights of any third party. You are solely responsible for your Submissions. We reserve the right, but have no obligation, to monitor, edit, or remove any Submission we deem inappropriate.

10. PRIVACY

Your use of this website and the information you provide are governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

11. DISCLAIMER OF WARRANTIES

Your use of our Service is at your sole risk. The Service and all products delivered through it are provided "as is" and "as available," without any warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

We do not warrant that: (a) the Service will be uninterrupted, timely, or error-free; (b) results obtained from using the Service will be accurate or reliable; or (c) any errors in the Service will be corrected.

12. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Uppermost LLC and its directors, officers, employees, affiliates, agents, contractors, suppliers, and licensors shall not be liable for any indirect, incidental, special, punitive, or consequential damages — including lost profits, lost revenue, loss of data, or replacement costs — arising from:

Your use of or inability to use the Service
Any products purchased through the Service
Unauthorized access to or alteration of your data
Any errors or omissions in content on the Service

In jurisdictions that do not permit the exclusion of certain damages, our liability shall be limited to the maximum extent permitted by law.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Uppermost LLC and its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your use of the Service; or (c) your violation of any applicable law or the rights of any third party.

14. TERMINATION

These Terms remain in effect until terminated. You may terminate your agreement with us at any time by ceasing to use our website and notifying us that you no longer wish to use our Services.

We may terminate or suspend your access at any time, with or without notice, if we believe you have violated these Terms. All obligations and liabilities incurred prior to termination shall survive.

15. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall continue in full force and effect.

16. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Returns Policy, and any other policies posted on this site, constitute the entire agreement between you and Uppermost LLC regarding your use of the Service. They supersede all prior agreements and communications on this subject matter. Our failure to enforce any right or provision shall not constitute a waiver of that right.

17. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in California, and you consent to personal jurisdiction in those courts.

18. CHANGES TO THESE TERMS

We may update these Terms at any time by posting a revised version on this page. Changes take effect immediately upon posting. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

19. CONTACT US

Questions about these Terms of Service should be sent to: hi@getuppermost.com