Terms of Service

PRIVACY & SAFETY

This Privacy Policy is a part of our Terms of Service. By using this site or our online store, you agree to be bound by and comply with this Privacy Policy and our Terms of Service. 

1 WHAT INFORMATION DO WE GATHER AND WHAT DO WE DO WITH IT?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address and order history.  We also use cookies, web beacons or other tools that collect information that make it easier for you to use our store and our site.

When you visit our site, some information is automatically collected. This may include information such as the Operating System (OS) running on your device, Internet Protocol (IP) address (which may be used to obtain your geolocation), access times, browser type, language, and the website you visited before our site. We also collect information about how you use our site, including the elements you have interacted with, metadata and other details about these elements, change states and other user actions.

Email marketing. By providing us with your email address, you are giving us permission to send you emails about our store, new products and other updates. You have the opportunity to unsubscribe from these emails at any time by clicking the “Unsubscribe” button included at the bottom of each email.

How we use your information. In general, we use the information we collect primarily to provide, maintain, protect and improve our current site and products and to develop new products. We use personal information collected through our site as described below and described elsewhere in this Policy to:

  •  Facilitate the creation of and securing of your account on our network;
  •  Identify you as a user in our system;
  •  Improve our products, site and how we operate our business;
  • Understand and enhance your experience using our site and products;
  • Provide and deliver the products and services you request;
  • Respond to your comments or questions and for our customer support team to provide service;
  • Send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages;
  • Communicate with you about promotions, upcoming events and news about products and services offered by Upstate Mary LLC and our selected partners, and for other marketing purposes of Upstate Mary LLC;
  • Link or combine your information with other information we get from third parties to help understand your needs and provide you with better service; and
  • Protect, investigate and deter against fraudulent, unauthorized or illegal activity.

2 CONSENT

How do you get my consent?

By providing us with personal information to complete a transaction,  placing an order, arranging for a delivery or returning a purchase; you are providing consent collecting and using your information (credit card information is discussed in Section 3).  

How do I withdraw my consent? 

You may withdraw your consent for us to contact you by clicking the “Unsubscribe” button included at the bottom of each email or contacting us at or mailing us at:

Upstate Mary LLC

PO BOX 1140

Woodstock, NY 12498

3 DISCLOSURE

We do not share your personal information with third parties without your consent other than with the following:

  • Third Party Service Providers. With third parties who work on our behalf, provided that such third parties provide at least the same level of privacy protection as required by this Privacy Policy;
  • Lawful Requests. To comply with laws or to respond to lawful requests and legal process (provided that we will endeavor to notify you at the address you have given us if we have received a lawful request for your information);
  • Protection of Rights and Property. To protect the rights and property of Upstate Mary LLC, our agents, customers and others including to enforce our agreements, policies and  terms included in this Privacy Policy or our Terms of Service;
  • Emergency. In an emergency, including to protect the personal safety of any person; and
  • Corporate Restructuring. For the purposes of a business deal (or negotiation of a business deal) involving a sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture or dissolution transaction or proceeding). In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will also acquire and possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Policy.

4 PAYMENT PROCESSING

Payment: If you provide us with your credit card information during the payment process, we send it to our PCI-DSS compliant payment gateway for processing using SSL encryption technology. Your credit card information is never stored for use beyond your current transaction. 

All direct payment gateways comply with the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and our payment processors and service providers.

5 THIRD-PARTY SERVICES

Our Policy does not cover any third party services. To learn about those third parties' privacy practices, please read their privacy policies.

Links: When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy policies.

6 SECURITY

To protect your personal information, we take reasonable precautions and follow generally accepted industry practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is transmitted to our server using secure socket layer technology (SSL) which employs the AES-256 encryption standard.

 7 AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you consent to any of your minor dependents using this site.

8 U.S. LAW APPLIES

This site is intended for users located in the United States. By sending us your Personal Information from outside the U.S., you consent to the application of U.S. law and to the use and disclosure of your personal information consistent with this Privacy Policy. It is up to you to determine whether accessing this site and purchasing our products are legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.

9 CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. Upstate Mary LLC encourages visitors to check this page for any changes to its Privacy Policy.  

10 QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you (other than that information automatically generated by your use of our site), register a complaint, or request more information; please contact our customer service team at hello@upstatemary.com or by mail at:

Upstate Mary LLC

PO Box 1140

Woodstock, NY 12498

WHOLESALE INQUIRIES

We are now accepting wholesale inquiries and are always looking for new ways to collaborate and reach a wider audience. Please get in touch with us at hello@upstatemary.com for wholesale opportunities.

PAYMENT METHODS

We accept all major credit cards including Mastercard, Visa, American Express and Discover.

We do NOT currently accept PayPal or Apple Pay.

TERMS AND CONDITIONS

Effective Date: December 7, 2022

IMPORTANT! THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE UPSTATEMARY.COM (the "SITE" or "site"), WHICH IS PROVIDED BY UPSTATE MARY LLC, ITS AFFILIATES OR AGENTS (referred to as "UPSTATE MARY", "COMPANY", "US", "WE" or "OUR" BELOW), AND APPLY TO ALL USERS VISITING THE SITE BY OR USING THE SITE IN ANY WAY. BY ACCESSING THIS SITE, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE SITE, AND/OR PURCHASING PRODUCTS FROM THE SITE; YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE. YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF SERVICE.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

ACCESS TO THIS SITE

THIS SITE IS INTENDED FOR USERS EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, DO NOT USE OR ACCESS THIS SITE FOR ANY REASON AND PLEASE EXIT THIS SITE IMMEDIATELY. ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS SITE FOR YOU.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be your correct, current, and complete information. If we believe the information you provide is not correct, current, or complete or is an impersonation of someone else, we have the right to refuse you access to this site or any of its resources, to terminate or suspend your access at any time, and delete any comments you have posted, all without prior notice.

Use of the Services and Company Properties.  The Site, the Services, and the Content (collectively, the “Company Properties”) are protected by copyright laws throughout the world.  Subject to the Terms of Service, Company grants you a limited license to reproduce portions of Company Properties for the sole purpose of using the Services for your personal or internal business purposes.

REGISTRATION

Registering Your Account.  In order to access certain features of Company Properties you may be required to become a Registered User. 

Security.  Any passwords used for the Account for this site are for individual use only. You will be responsible for the security of your password (if any) and you agree to accept responsibility for all activities that occur under your account or password. We have the right to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will have the right to require the password to be changed and/or terminate your Account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Registration Data.  In registering an account on the site, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Company Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Company immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of Company Properties (or any portion thereof). You agree that you shall not have more than one Account. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Company Properties if you have been previously removed by Company, or if you have been previously banned from any of Company Properties.

Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Company. 

FEES AND PAYMENT TERMS

Payment.  You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.  You must provide Company with a valid credit card (Visa, MasterCard, Discover or any other issuer accepted by us). Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on Company Properties or by e-mail delivery to you.

Taxes.  Company’s fees are net of any applicable Sales Tax.   For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

PAYMENT

Purchasing a product on the Site requires a valid credit/debit card by a bank acceptable to Upstate Mary LLC and/or our third party payment processor to process a charge(s) on your credit/debit card in the amount of the total purchase price for the product(s) (plus any applicable taxes or other fees) that you purchase.

All prices, fees and any applicable taxes and other charges are payable in U.S. dollars. When you make a purchase, you must provide traditional billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.

We are careful to keep the technicalities of your purchase and payment method protected (as far as it is within our control to do so). However, in the absence of negligence on our part, we shall not be held liable for any loss you may suffer if a third-party procedures unauthorized access to any data and/or personal information that you provide when accessing our Site and/or purchasing a product on the Site.

REFUNDS

Upstate Mary LLC is committed to our customers’ satisfaction. Our products are tested for quality and all shipments are carefully inspected prior to leaving our fulfillment center. For hygiene reasons, we do not offer exchanges, returns or refunds at this time. If the product(s) arrives damaged, please contact us within 48 hours of receipt at hello@upstatemary.com with your order number and clear photo of the damaged product(s). After review, you will be issued a refund and/or replacement, as deemed appropriate. All Upstate Mary LLC items purchased on this site are FINAL SALE!

LICENSE TO USE THIS SITE

Subject to your compliance with these Terms of Service, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non sublicensable, license to access and make personal and non-commercial use of the materials and content (collectively, the “Content”) on this Site. This license does not allow you to resell or make any commercial use of the Site, its Contents or our products sold through the Site; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms of Service are reserved.

Hyperlinks

This site may be hyperlinked to other sites which are not maintained by, or related to, us. Hyperlinks to such sites are provided as a service to our users and are not sponsored by or affiliated with this site or with us. We have not reviewed such sites and are not responsible for the Content of those sites. Hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the Content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply that we endorse that site.

Health Information

Any statements on this site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.

Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet.

YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitation of Liability

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Liability Cap

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR COMPANY PARTIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees (collectively, “Losses”) relating to or arising out of: (i) any breach of these Terms of Service by you.

Ownership; Trademarks and Copyrights

You agree that Upstate Mary LLC and its suppliers own all rights, title and interest in Company Properties. 

Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners and software appearing in this site are our property or the property of the party that provided the trademarks, service marks, logos or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos and copyrighted material appearing in this site.

U.S. Law Applies

This site is intended for users located in the United States. It is up to you to determine whether accessing this site and purchasing our products are legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties. 

Miscellaneous

Dispute Resolution. In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Service, the use of this site or information obtained through this site, or any other claims, disputes, or controversies arising out of or relating to this site, or any other World Wide Web site owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute to JAMS through its offices located in “ADR Firm”), or its successor, for arbitration. Any party to the Dispute may commence arbitration by providing to ADR Firm and the other parties a written request for arbitration, setting forth the subject of the Dispute and the relief requested.

Arbitration shall be final and binding arbitration pursuant to the then-current form of JAMS Comprehensive Arbitration Rules & Procedures (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by ADR Firm in accordance with the Rules. All hearings shall be held in New York City. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.

THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY.

Failure to insist on strict performance of any of these Terms of Service will not operate as a waiver of any subsequent default or failure of performance.. These Terms of Service will be governed and interpreted pursuant to the laws of New York, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and us arising out of these Terms of Service or pertaining to the subject matter hereof. If any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Service (including our privacy policy) constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. We may revise these Terms of Service at any time by updating this posting.

Release.  You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of Company Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms of Service or your use of Company Properties; and (ii) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder.

How To Contact Us

If you have questions or concerns about these Terms of Service, the practices of this site, or if you are interested in reprinting any of the Content of this site, please contact us at:

Upstate Mary LLC

PO Box 1140

Woodstock, New York 12498

Support

US Phone Number: +888 223 5887

Email Address: hello@upstatemary.com

Hours of Operation: M-F 10:00 AM -  4:00 PM EST  

General Disclaimer

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.

Website Disclaimer

Upstate Mary LLC shall be not held liable for any improper or incorrect use of the information or services on this website and assume no responsibility for anyone's use of the information or services. Upstate Mary LLC be held liable for any direct or indirect damages caused in any way through the use of information or services on this website.