These Terms of Use (“Terms”) were last updated on Aug 31, 2026.
Please review these Terms carefully as they serve as an enforceable contract and contain important information about your legal rights, remedies, and obligations.
Hoist My Top, LLC, (“we,” or “us”) provides this website (the “Site”), and its functionality as well, as Hoist My Top, LLC products, services, information, and communications (including phone calls and texts) subject to your agreement to these Terms. Use of the Hoist My Top, LLC products is at your own risk. Lifting, storing or reinstalling your truck cap, camper shell or topper, Jeep hard top or the Ford Bronco hard top with the hoist could cause damage to your truck cap, camper shell, topper, your truck, Jeep or Bronco or any other vehicle or you personally. You hereby release Hoist My Top, LLC, its officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands for any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with the use of the hoist.
Your use of the hoist releases us from any claim of damages or injury.
BY AGREEING TO THESE TERMS, YOU AND HOIST MY TOP, LLC AGREE TO RESOLVE ALL DISPUTES BETWEEN THEM THROUGH BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURTS ONLY, AND WE EACH WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION AND TO HAVE CLAIMS DECIDED BY A JURY, AS SET FORTH IN THE DISPUTE RESOLUTION SECTION BELOW.
We recommend you print out a copy of these Terms for your records. We each agree, upon request, to provide to each other a signed copy of these Terms.
Hoist My Top, LLC is committed to using its best efforts to resolve disputes with its users, without the need for a formal legal claim to be filed. If an issue arises between us, you and Hoist My Top, LLC agree to first work diligently and in good faith to reach a resolution that’s fair and equitable to both sides using the mandatory informal dispute resolution process described below. On occasion, a third party may be necessary to help resolve disputes between us. This section of the Terms (the “Arbitration Agreement”) limits how these disputes can be resolved.
YOU AND HOIST MY TOP, LLC AGREE THAT ALL DISPUTES BETWEEN YOU AND HOIST MY TOP, LLC THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS IN EITHER ARBITRATION OR SMALL CLAIMS COURT ONLY. YOU AND HOIST MY TOP, LLC AGREE TO WAIVE ANY AND ALL RIGHTS (1) TO A TRIAL BY JURY, (2) TO PARTICIPATE IN ANY WAY IN A CLASS ACTION OR CLASS ARBITRATION, AND (3) TO RESOLVE DISPUTES IN COURTS OTHER THAN STATE SMALL CLAIMS COURTS.
This Arbitration Agreement covers all complaints, demands, and claims of any kind, including, but not limited to, those arising out of or related to these Terms, the use and operation of the Site, communications from and promotions by or on behalf of Hoist My Top, LLC, and any and all of your interactions with and doing business in any way with Hoist My Top, LLC (each a “Dispute,” and, collectively, the “Disputes”). The term Dispute shall be interpreted in the broadest possible sense and shall include, but not be limited to, statutory, regulatory, constitutional, contractual, common law, and tax-related claims, including claims alleging negligence, fraud, and misrepresentation.
This Arbitration Agreement is binding on you and Hoist My Top, LLC as well as all our respective agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, or on behalf of, you and Hoist My Top, LLC. This Arbitration Agreement is also binding on your and Hoist My Top, LLC’s respective heirs, successors, and assigns and all parents, subsidiaries, and sibling corporations of Hoist My Top, LLC, and is governed exclusively by the Federal Arbitration Act. To the extent state law applies to any portion of a Dispute brought by you, the applicable law will be the law of the state of Texas.
If for any reason this Arbitration Agreement does not apply to a given Dispute, then the parties agree, to the fullest extent permitted by law, to the exclusive jurisdiction of the state and federal courts in Comal County, Texas to resolve such Disputes, unless otherwise agreed by them.
Mandatory Informal Dispute Resolution. Before you or Hoist My Top, LLC can seek to resolve a Dispute in arbitration or small claims court, this mandatory sixty (60) day informal process must be completed. To initiate this process, the claiming party must send to the other a short, written statement with their name, mailing address, and email address (a “Dispute Statement”) explaining their Dispute in sufficient detail for the other party to understand and investigate it, along with a proposal for resolving it, including any money being claimed and how that dollar amount was calculated. You agree to send Dispute Statements by email to customersupport@hoistmytop.com, or by certified mail, return receipt requested to:
ATTN: Customer Service
Hoist My Top, LLC
1407Capitare New Braunfels,TX 78132
Once a Dispute Statement is received by either you or Hoist My Top, LLC, you and Hoist My Top, LLC shall work in good faith to resolve the Dispute for a period of sixty (60) days. At the conclusion of the sixty (60) day period, if the Dispute has not been resolved, you and Hoist My Top, LLC thereafter each have the right to resolve the Dispute either in small claims court or through arbitration in compliance with the requirements of this Arbitration Agreement as explained below. All applicable statutes of limitation shall be suspended during the sixty (60) day informal settlement process.
Arbitration Rules and Requirements. While there is no judge or jury in an arbitration, and certain rights of the parties may be more limited than in court, the arbitrator has the power to award the same individual relief as a court and must construe and apply the Terms in the same way a court would.
In addition, to the fullest extent permitted by law, the arbitrator shall have the sole authority to and shall address all claims or arguments by both you and Hoist My Top, LLC concerning the formation, legality, and enforceability of this Arbitration Agreement and the Terms, the scope of this Arbitration Agreement, and the arbitrability of any claim or issue arising between us.
If any cause of action, defense, or claim for relief cannot for any reason be addressed in arbitration, you and Hoist My Top, LLC agree that all court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action, defenses, and claims for relief.
The results of all arbitrations shall be binding in any court proceedings relating to or arising out of the underlying Dispute.
An arbitration award in any Dispute between us shall be binding only on you and Hoist My Top, LLC and shall have no preclusive effect in any other arbitration or proceeding involving different parties.
Any court of competent jurisdiction will have the authority to enforce all aspects of this Arbitration Agreement (including the requirement to complete the informal settlement process described above before filing any claim in arbitration or small claims court) and, if necessary, to enjoin the filing or prosecution of arbitrations and/or the assessment of fees or costs by the American Arbitration Association (“AAA”) or any other arbitral organization or arbitrator which may be involved.
Fees and Costs. You and Hoist My Top, LLC will each bear its own arbitration costs, arbitral fees, and attorneys’ fees; however, either party may seek to recover fees and costs to the extent permitted by applicable law. If an arbitrator determines that a claim has been brought in bad faith or for an improper purpose, or that the demand was frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the party defending against the claim.
Improperly Commenced Arbitration. If either party believes that the other has initiated an arbitration in violation of this Arbitration Agreement, if such an arbitration is threatened, or if either party has reason to believe an improperly commenced arbitration is imminent, the party against whom the arbitration has been or will be initiated may seek an order from a court of competent jurisdiction enjoining the arbitration from being filed or continued, and awarding its fees and costs, including reasonable attorneys’ fees, incurred in connection with seeking the order.
The Site contains valuable trademarks and service marks owned and used by Hoist My Top, LLC. Any use of the Hoist My Top, LLC Marks without the prior written permission of Hoist My Top, LLC is strictly prohibited. The arrangement and layout of the Site, including but not limited to, the Hoist My Top, LLC Marks, images, text, graphics, buttons, screenshots, and other content or material (collectively, the “Site Content”) are the sole and exclusive property of Hoist My Top, LLC.
UNAUTHORIZED COPYING, REPRODUCING, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.
Hoist My Top, LLC may use a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these products, and other such third parties, that are not owned by Hoist My Top, LLC but appear on the Site are the property of their respective owners.
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy rights, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Hoist My Top, LLC account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. To cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Hoist My Top, LLC account username and password, IP address and traffic information, usage history, and your User Content.
The Site may contain links to, or advertisements for, third-party web sites (collectively, “Third-Party Sites”) (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third-Party Sites are not under the control of Hoist My Top, LLC and Hoist My Top, LLC is not responsible for any Third-Party Sites. Hoist My Top, LLC provides links to these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third-Party Sites at your own risk. When you link to a Third-Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third-Party Site. You explicitly agree that by entering into this Agreement, you will abide by and agree to be bound to YouTube’s Terms found here: (https://www.youtube.com/t/terms).
Each Site user is solely responsible for all its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such users. You agree that Hoist My Top, LLC will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release Hoist My Top, LLC, its officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands for any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third-Party Sites.
Hoist My Top, LLC intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided “AS IS” and “AS AVAILABLE.” You expressly agree that your use of the Site and any information contained therein is at your sole risk.
NEITHER HOIST MY TOP, LLC NOR ITS THIRD PARTIES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, Hoist My Top, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW THE DISCLAIMER OF WARRANTIES SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.
We reserve the right to make changes to our Site, this Agreement and other service terms, such as our Privacy Policy, and other miscellaneous policies, at any time without notice. Each time you use our Site, you should visit and review the then current Terms and Policies that apply to your transactions and use of our Site. If you do not agree to be bound by the then current Terms and Policies, your sole remedy is not to use our Site. If any terms of this Agreement or other service terms are deeded invalid, void, or for any reason unenforceable, any such term shall be deemed severable and shall not affect the validity and enforceability of any other terms.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is governed by the laws of the State of Texas without regard to conflict of law provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Hoist My Top, LLC’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
