TERMS & CONDITIONS OF USE

Last updated: February 5, 2026

Acceptance of Terms

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS SITE.

upwardtumblers (“we,” “us,” or “our”) maintains this website (the “Site”) as a service to its customers. By accessing, browsing, or using the Site in any manner, including but not limited to purchasing products or submitting content, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use (this “Agreement”).

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A WAIVER OF JURY TRIAL, AND A WAIVER OF CLASS ACTION RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.

Entire Agreement

This Agreement, together with all policies, guidelines, and notices incorporated by reference, constitutes the complete and exclusive agreement between you and upwardtumblers regarding your use of the Site and supersedes any prior or contemporaneous agreements, communications, representations, or understandings.

Any additional or different terms proposed by you in any document are expressly rejected unless agreed to in writing by an authorized representative of upwardtumblers. We may modify this Agreement at any time, and such modifications will become effective upon posting. Continued use of the Site constitutes acceptance of the revised terms.

Use of the Site

You agree to use the Site only for lawful purposes and in a manner consistent with this Agreement. You may not use the Site to create, upload, transmit, or distribute any content that is unlawful, abusive, threatening, defamatory, obscene, invasive of privacy, discriminatory, or otherwise objectionable, or that infringes any intellectual property or proprietary rights of others.

You further agree not to interfere with the security, functionality, or operation of the Site or attempt to gain unauthorized access to any systems or data.

Account Information and Verification

You agree to provide accurate, current, and complete information when creating an account or making a purchase. We reserve the right to verify account information and to suspend or terminate accounts that contain false, misleading, or incomplete information.

Fraud and Abuse

Any attempt to provide false information, misuse promotions, or otherwise abuse the Site or services may result in immediate account suspension or termination, cancellation of orders, and loss of access to the Site, without notice.

Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, designs, software, and compilation thereof, is owned by or licensed to upwardtumblers and is protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes only. No ownership rights are transferred to you.

Product Information and Availability

Product descriptions, pricing, availability, and images are subject to change without notice. We make reasonable efforts to accurately display product information; however, variations may occur due to display settings or manufacturing differences.

All prices are displayed in U.S. Dollars unless otherwise stated.

Errors and Corrections

We reserve the right to correct errors, inaccuracies, or omissions and to update or cancel orders if any information on the Site is inaccurate at any time, including after an order has been submitted.

Limited License

You may view, download, and print content from the Site solely for personal use. Any other use, including reproduction, modification, distribution, or commercial exploitation, is strictly prohibited without prior written consent.

User Submissions

Any content, feedback, ideas, designs, reviews, or other materials you submit (“Submissions”) become the property of upwardtumblers. We may use, reproduce, modify, publish, and distribute such Submissions for any lawful purpose without compensation or attribution.

Designs created using tools provided on the Site are not exclusive to the user and may be reused, modified, or displayed by upwardtumblers.

Custom Products

Custom or personalized products may not be canceled, modified, or returned once submitted. You are solely responsible for reviewing and approving all custom details prior to submission.

You represent that any custom content you submit does not infringe the rights of any third party.

Payments

You represent that all payment information provided is accurate and authorized. We reserve the right to limit quantities, refuse orders, or restrict transactions at our discretion.

Payment must be completed in full prior to processing any order.

Gift Cards

Gift cards may be used only as permitted by applicable terms. Gift cards are non-refundable, non-transferable, and may not be redeemed for cash except where required by law.

Title and Risk of Loss

Title and risk of loss pass to you upon delivery of the product to the carrier. Delivery dates are estimates only and not guaranteed.

Third-Party Links

The Site may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of such sites. Accessing third-party sites is at your own risk.

Privacy

Your use of the Site is subject to our Privacy Policy, which is incorporated into this Agreement by reference.

Returns

Return eligibility and conditions are governed by our Return Policy, which forms part of this Agreement.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, upwardtumblers SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS.

Disclaimer

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Promotions

Promotions, contests, and surveys may be subject to additional terms. Participation is voluntary.

Indemnification

You agree to indemnify and hold harmless upwardtumblers from any claims arising out of your use of the Site, violation of this Agreement, or infringement of any rights of a third party.

Governing Law and Venue

This Agreement shall be governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Mandatory Pre-Dispute Resolution

Before initiating arbitration or legal proceedings, you agree to engage in good-faith efforts to resolve disputes informally as required by this Agreement.

Arbitration and Class Action Waiver

All disputes shall be resolved through binding arbitration on an individual basis. You waive any right to participate in a class action or jury trial.

Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Changes to These Terms

We may update these Terms at any time. Continued use of the Site constitutes acceptance of any changes.