Policy last updated; 4/16/2024

Terms and Conditions

Please review this Terms and Conditions policy ("terms", "terms and conditions") to understand the services you, the customer ("you", "your", "yours", "customer", "consumer", "visitor") will receive by conducting business with Upstate Resin Works LLC ("us", "we", "our") when visiting and/or purchasing from UpstateResinWorks.com ("website", “Site”, "service", "services").

 

Your use of our website and purchase of our products constitutes your acceptance of and understanding of all policies and terms and conditions of our website. You agree to be bound by all terms and conditions, or policies. You further agree to assume any and all liability and hold harmless Upstate Resin Works LLC upon presenting any product or service purchased though Upstate Resin Works LLC to any third party. This includes but is not limited to wedding, engagement, promise or gift recipients.

 

If you do not agree with our posted terms and conditions, or policies, then you do not have our permission to utilize our services. Our terms and policies equally apply to visitors browsing our website who have not placed an order and customers who both visit our website and have also submitted orders.

 

Email Communications

By placing an order or creating a customer account through our service, you agree to receive email communications that may include marketing, promotional materials and other information such as order updates and shipping details. These email communications are not obligatory, you may opt out of receiving any, or all email communications. Each email we send will contain at the bottom of the message information on how to unsubscribe.

Please note, after unsubscribing, you may be automatically resubscribed if you place a new order, or create a new customer account. You will again have the option to unsubscribe.

 

Placing Orders

Website visitors will be considered customers after placing an order. Should your order be returned, or canceled you will still be referred to as a customer.

By placing an order, you will be required to provide personal information necessary for us to complete your order. This is considered "Customer Personal Information". For more information regarding "Customer Personal Information" please visit our Privacy Policy page for more details. Privacy Policy

Your submission of Customer Personal Information necessary for completing your order certifies that you agree with all terms and policies set forth on of our website and that;

• You are an authorized card holder for the payment method
• You are authorized to make purchases with the payment method
• You agree to the terms bound by your payment provider
• You understand that your order may be canceled if it is flagged with a high probability of being fraud.
• The information you provide for completion of your order is accurate and complete. This includes shipping addresses.
• You agree to hold harmless Upstate Resin Works LLC, it's subsidiaries, suppliers, employees, members, directors and partners should your order not arrive in time for any particular special event, party, wedding or other event where you have a planned, or unplanned use for your purchase.
• You agree to hold harmless Upstate Resin Works LLC, it's subsidiaries, suppliers, employees, members, directors and partners should you, or any third party person(s) receive any form of injury while wearing, using, or misusing any item purchased from our website.
• You agree to properly dispose of, store, or use all packing materials in a safe manner as to avoid injury to yourself, or any third party person, pet or property.
• You agree to use any product or services purchased through Upstate Resin Works LLC in the manner it was intended.
• You agree to make safe and secure any product or service purchased through Upstate Resin Works LLC as to not cause any injury to yourself or any third party.
• You understand and accept that once an order is shipped, to receive a refund, replacement or exchange that you will return your order undamaged and in like new condition.
• All mock-ups, photography, product designs, including those for custom order requests and designs are solely and completely owned by Upstate Resin Works LLC. We may at our discretion reproduce any design.
• You agree with all terms, conditions and policies of our website including warranty, exchange and return policies.

 

Right to Refuse

We reserve the right to refuse service to any visitor and customer for any reason, at any time.

This includes the right to refuse engravings that may be discriminatory, lude, racist, or profane in nature.

Orders flagged with a high probability of being fraudulent will be automatically canceled.

Other reasons for Right to Refuse order cancelations may include but not limited to; product availability, service suspension, website error, order error, pricing mistakes, coupon correction, legal or regulatory compliance.

 

Listing Errors and Mistakes

We strive to deliver quality products with quality service, however; there are times where a listing may have inaccurate information or errors. While we make every effort to be accurate, we make no guarantee or warranty that our website, or service offerings will be available for use, accurate, free of error or free of mistakes.

We reserve the right, at any time, to cancel coupons, update products, change site content and correct anything we deem to be an error, or mistake without any visitor or customer notice.

 

Remediation Of Accessibility Issues

Upstate Resin Works LLC commits to remediate accessibility issues that may be identified. Issues must be reported in writing. You agree that by reporting any accessibility issues you also grant Upstate Resin Works LLC a good-faith opportunity to remediate any reported accessibility issues identified.

 

 Accounts and Access

Our intended audience is adults over the age of 18. Customer account usage is specifically meant to be used for facilitating customer orders.

We make no warrantee or guarantee with regard to account availability and accuracy. Additionally, all aspects of customer account security are the sole responsibility of the customer. 

In the event you believe your account has been compromised, you must immediately notify support.

For assistance with customer accounts please contact support; Upstate Resin Works LLC Support

We reserve the right, for any reason and at our discretion to delete or block any customer account and to refuse service. This includes canceling orders.

 

Hold Harmless / Indemnification

You agree to defend, indemnify and hold harmless Upstate Resin Works LLC, it's subsidiaries, suppliers, employees, members, directors and partners from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of 1: your use and access of all services and products offered by Upstate Resin Works LLC, by you or any person using your account and password; 2: a breach of these Terms, or 3: Content posted on the website, in print, within advertising or on any and all social media platforms.

 

Limitation Of Liability

Under no circumstances shall Upstate Resin Works LLC, it's subsidiaries, suppliers, employees, members, directors and partners, be liable for any indirect, incidental, special, consequential, personal injury, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, loss of reputation, inability to attend events, inability to receive or gift, or injury while wearing, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Waiver Of Liability

Upon placing any order you agree to waive all liability for Upstate Resin Works LLC, it's subsidiaries, suppliers, employees, members, directors and partners, for any indirect, direct, incidental, special, consequential, and all personal injuries. This includes but is not limited to injuries such as; ring avulsion, allergic reaction, choking, swallow/internal injury, frostbite, electrocution, crushing, impact, fragmentation, fracture and/or burns.

Further, Upstate Resin Works LLC, it's subsidiaries, suppliers, employees, members, directors and partners makes no claim, guarantee, or assertion that your order will arrive, arrive prior to any specific date, arrive on time for any specific date, arrive in a timely manner, arrive prior to any planned event, and/or arrive undamaged. 

 

Disclaimer Of Use

Your use of the Service and products offered is at your sole risk. All services offered are provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties or guarantees of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Upstate Resin Works LLC, its subsidiaries, affiliates, suppliers, employees, members, directors, partners and its licensors do not warrant that 1: the Service will function uninterrupted, secure or available at any particular time or location; 2: any errors or defects will be corrected; 3: the Service is free of viruses or other harmful components; or 4: the results of using the Service will meet your requirements.

 

Promotions and Contests

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available by, with or through Upstate Resin Works LLC may be governed by rules that are separate and in addition to the Terms & Conditions listed here. Your participation in any Promotions, contests and sweepstakes constitute your agreement with all policies, terms and conditions. Please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. If you do not agree with any of the stated terms, conditions, or policies that govern Upstate Resin Works LLC please understand that you do not have our permission to participate and/or order any products or services offered.

 

Content and Media

Through social media, website reviews and other collaborative content, our Service allows you to post, link, store, share and otherwise make available information, text, graphics, videos, or other material ("Content") that we do not have direct control over. You are responsible for the appropriateness, truthfulness and legal ownership of the Content you post on or through the Service.

You are not obligated to post Content on or through the Service, You represent and warrant that: You are choosing to post any Content, the Content is both yours by right ,intellectual, legal, license or creative ownership and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

At times, Upstate Resin Works LLC may take action on posted content that we believe, in our good faith, that it may be in violation of any copywrite, legal, or in contradiction to our inclusivity policy. This includes any post or content in photo, text or video that may be obscene, questionable, in conflict with our brand image, discriminatory or otherwise inappropriate for our audience.

In addition, all Content written, video and photographical in nature found on or through this Service are the property of Upstate Resin Works LLC and may only be used with our explicit permission. We do not authorize anyone individual, entity or organization to distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Copyright Policy

As artists ourselves, we strictly respect the intellectual property rights of artists and creators. We will respond to any and all claims of intellectual property or copywrite infringement. Content we post may, at times, look similar to other content posted online. This is not copywrite infringement, nor is it intended to be malicious in intent.

If you (yourself the artist), or are acting as an authorized agent of a copywrite owner and feel that your copyrighted work(s) are being infringed upon, or copied through our services, please reach out to support to report your claim of copyright infringement. Upstate Resin Works LLC Support

Please note that false claims are not free from repercussion. We, at our discretion may counter claim in defense of our creative liberties and creative copywrites at Upstate Resin Works LLC. In doing so, you, the claimant, may be held liable and accountable for damages due to bad-faith claims or misrepresentation. Damages may include, but are not limited to; attorneys fees, litigation costs, travel expenses to support claims, reputational damage compensation, lost wages and future earnings compensation.

Please note, all content and media including digital and print, hosted or provided by Upstate Resin Works LLC, or our hosting partners is considered protected by copyright, trademark, and applicable laws in all jurisdictions both local (United States of America) and foreign. Any use of media is strictly forbidden unless otherwise authorized in writing by Upstate Resin Works LLC or our authorized agents.

 

Digital Millennium Copyright Act (DMCA) 

In accordance with the Digital Millennium Copyright Act (DMCA), you may submit DCMA claims directly by providing our Support team with the following information in writing (please see 17 U.S.C 512(c)(3) for further information regarding DCMA):

• The name, address, and two methods of contact including an electronic or physical signature of the person or agent authorized to act on behalf of the owner of the copyright;

• a clear and pointed description of the copyrighted work that you or your agent claim is the target of the infringement. Please include including the URL (web page link or address) to the location within our Service where the copyrighted work is hosted;

• The location of and/or URL (web page link or address) to the location where the claimants work is hosted;

• The address, primary phone number, and email address for the claimant;

• a detailed, clear and concise attestation by the claimant or authorized agent that this claim is in good faith and that the work in question is not authorized by the copyright owner, or legal representative;

• a detailed, clear and concise attestation by the claimant or authorized agent to be considered legally binding under penalty or perjury, that the attestation provided within your DCMA notice is accurate, that the work in question is lawfully owned by the copyright owner, and any agent connected with this claim is authorized to act on the copyright owner's behalf.

Claims must be sent to support at; Upstate Resin Works LLC Support

 

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Manly Bands

Manly Bands has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Manly Bands shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

Suspension and Termination of Service

Upstate Resin Works LLC and/or our agents at our discretion may block, ban, suspend, terminate or prevent access to any and all services to any visitor or customer and bar access to all services without prior notice. This is our right as the service provider and necessary to protect our service from malicious actors, fraudulent use, breach of terms and failure to adhere to polices.

This will bar use of our services from the following sources including and not limited to; IP address, phone number, payment method, shipping address, name and billing address.

There is no appeal process and all bans and terminations are permanent.

At your discretion you may discontinue and terminate use of our services at any time. Any Customer Personal Information retained by our systems and/or partners may be deleted upon receiving a written request. For more information, please see our Privacy Policy.

 

Governing Law and Jurisdictions

Upstate Resin Works LLC operates under the laws and jurisdiction of New York in the United States of America. You and your agents agree to file any claims or legal suit in the Courts of Albany or Saratoga county in New York.

We reserve the right to enforce, or fail to enforce any and all policies, terms, conditions at our sole discretion. In the event we choose to fail to enforce any piece or portion of our stated policies and terms it is not considered a waiver or termination of those policies and terms. 

If any portion of our stated policies or Terms and conditions is determined to be invalid or unenforceable by court order or legal proceeding then all remaining provisions of our stated Policies and Terms will remain active and enforceable. All polices and Terms constitute an agreement between Upstate Resin Works LLC and you, our visitor or customer regarding our Service.

 

Policy Updates and Changes

As our services grow and improve we may, at times, update any and all of our policies to reflect changes. These changes may include, and is not limited to; addition of/removal of services, legal/regulatory compliance, new technology, additional third party partners.

Updates to our policies may be made at any time by us, and without prior customer notice.

Contacting Support

Should there be any questions, or clarification needs related to this policy please contact support; Upstate Resin Works LLC Support

Upstate Resin Works LLC

2 Progress Drive #4457

Halfmoon NY 12065

United States