These terms and conditions outline the rules and regulations for the use of Utmost Co.’s Website.
115 W. Broad Street
Richmond, Virginia 23220
Effective October 29, 2020
Thank you for visiting the Utmost Co website, www.utmostco.com (“Site”) owned and operated by Utmost Company LLC (“Utmost”, “us” or “we”). You should not access this Site or use our services until you have carefully read and agreed to these terms and conditions of use (the “Terms”) which govern your access to and use of this Site. These Terms apply to all Site visitors’ access to and use of the Site.
Using this Site
We reserve the right to terminate your access to our Site, without cause or notice. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Purchase for Personal Use Only
You may purchase products only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale. We reserve the right to refuse orders for any reason without explanation.
Unlawful or Prohibited Uses
As a condition of your access to and use of this Site, you may not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not disrupt, disable, overburden, or impair any function of the Site; attempt to gain unauthorized access to any portion of the Site; use data mining, robots, spiders, scraping or similar automated or manual methods; or circumvent or modify any feature of the Site.
In Store Purchase Policy
You may only purchase one (1) style per product per person. Please note that you are also only limited to one transaction per customer, per day. The store staff reserves the right to refuse a purchase for any reason without explanation.
We do not allow cancellations once the order has been placed. All orders are final and cannot be changed after submission. We do our best to ship all packages within 14 days. In the event that you order has not shipped within 14 days, you may reach out to customer service to request a cancellation.
We will gladly exchange an item for online store credit only. Before sending the item back, please fill out the return form found in your order shipment confirmation 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. Utmost 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 Utmost store location. T-Shirts, Hats, Skateboards, Bags, Accessories, Shoes or Sale Items cannot be returned or exchanged. We do not assume responsibility for reimbursement or compensation of returned packages lost in transit without proof of delivery to Utmost.
Copyright & Trademarks
All content of our website including text, graphics, logos, button icons and images are property of Utmost Company LLC. (dba Utmost) and are protected by the United States and international copyright laws. You may electronically copy and print hard copies of pages from this web site solely for personal, non-commercial purposes related to placing an order or shopping with Utmostco.com. Any other use of our Site, content, images or information contained therein, including reproduction and internet links, is strictly prohibited without our prior written permission.
Utmostco.com uses secure processing called SSL Encryption Technology, which is the industry standard. SSL(Secure Sockets Layer) is a protocol developed for the transmission of private information over the internet. SSL uses a private key to encrypt your data, including your credit card information, so that it cannot be read while being transferred over the internet.
At this time, we are only accepting orders from residents that live in the U.S.A., Canada and Mexico. All orders are shipped via UPS Ground. The shipping rate to the contiguous 48 U.S. states is $10. The shipping rate to Alaska and Hawaii is $25. Orders for Canada are charged a flat rate $20 fee for UPS expedited. Orders for Mexico are charged a flat rate $35 fee for UPS expedited shipping and a Mexican Surcharge to cover VAT and Duty. Mexican customers will not incur any additional charges upon delivery. There is an additional $4 surcharge per skateboard, due to the size of the item. Please note that UPS does not deliver to APO/FPO addresses or P.O. boxes.
Please allow 3-5 business days for order processing and verification, and an additional 7-10 business days for delivery. Skateboards, bags, shoes and accessories may ship separately. Please note that if your items are shipped separately, you may receive multiple tracking number emails. We are not responsible for any lost, stolen, or damaged shipments. All shipments are insured, and the buyer assumes all responsibilities of claims made with the shipping carrier.
Please check back with us periodically for any updates regarding our shipping policies.
Sales Tax is charged to those e-commerce sales shipped within the United States where required by law. When an order is submitted, an estimated tax amount will post to your account. The exact tax rate for your order will be calculated according to applicable rates and rules for your local tax jurisdiction and will be reflected once final payment is settled.
E-commerce sales being shipped to Mexico are also charged sales tax. The Mexican Surcharge covers all Value Added Tax (VAT) and Duty. Mexican customers will not incur any additional charges upon delivery. Shipping is also taxed.
customer service hours: Monday – Friday 9:00 am – 6:00 pm EST
You agree to defend, indemnify and hold us, our directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. UTMOST MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Limitation of Liability
IN NO EVENT SHALL WE, OUR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WE OR OUR REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF US TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
Governing Law Clause
These terms and conditions are governed by the laws of the United States of America and the laws of the State of Virginia & California.
The Terms constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between you and us.
Any claim or cause of action you may have with respect to us or the Site must be commenced within one (1) year after the claim or cause of action arose.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The Terms inure to the benefit of our successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Utmost is committed to facilitating the accessibility and usability of its website www.supremenewyork.com, for everyone. Supreme aims to comply with all applicable standards, including the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.1 up to level AA. If you experience any problems in accessing any part of this website, please email us at email@example.com, and we will work with you to provide what you need.