These Terms of Service ("Terms") form a legally binding agreement between you, whether as an individual or on behalf of an entity ("you"), and Upstate Elevator Supply Co., along with its subsidiaries, affiliates, and parent companies (collectively referred to as "Upstate Elevator," "Company," "we," "us," or "our"). These Terms govern your use of the www.upstateelevator.com website and any related media, channels, or websites operated by us (collectively, the "Site"), as well as the products ("Products") and services ("Services") we provide through the Site. Additional terms and conditions or documents posted on the Site and any new features or tools added to the Site will also be governed by these Terms, and are incorporated into this agreement by reference.

Please note: These Terms of Service include an arbitration clause and a class action waiver, requiring you and Upstate Elevator to resolve any disputes individually through binding arbitration. We encourage you to read these Terms carefully.

By accessing, browsing, or using the Site, you agree to comply with and be bound by these Terms, including any referenced or linked terms and policies, such as the Privacy Policy. These Terms apply to all users of the Site, including but not limited to browsers, customers, merchants, vendors, and content contributors. If you do not agree to all terms and conditions, you must not access or use the Site or any of the Services. If these Terms are considered an offer, your acceptance is expressly limited to these Terms.

Any new features or tools added to the Site will also be subject to these Terms of Service. You can review the most up-to-date version of the Terms at any time by visiting this page. We reserve the right to modify, update, or replace any part of these Terms at our discretion by posting updates or changes on the Site. It is your responsibility to check this page periodically for updates. Continued use of the Site after such changes are posted constitutes your acceptance of those changes.

BY CONTINUING TO USE THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, OR TO ANY FUTURE CHANGES MADE BY UPSTATE ELEVATOR, YOU MUST NOT USE OR ACCESS THE SITE OR SERVICES.

To access the Site and use the Services, you must be at least twenty-one (21) years old and fully capable of entering into and adhering to these Terms. Individuals under the age of twenty-one (21) are prohibited from using the Site or Services. By accessing the Site or using the Services, or by clicking to accept these Terms when prompted, you affirm and guarantee that you are at least twenty-one (21) years old and legally permitted to enter into purchase agreements with us, as well as our partners, vendors, agents, and service providers.

The content on this Site is not intended for distribution or use by any person or entity in jurisdictions where such distribution or use would violate laws or regulations, or where it would require us to register within that jurisdiction or country. Those who access the Site from such locations do so at their own risk and are solely responsible for ensuring compliance with applicable local laws.

Upstate Elevator does not guarantee that the Products or Services available through this Site will be appropriate or available in all jurisdictions where the Site may be accessed. Upstate Elevator reserves the right to modify its product formulations at any time to comply with changing federal and state laws. While Upstate Elevator believes it operates legally under both state and federal laws in the United States, it is your responsibility to verify the legality of accessing the Site and purchasing our Products in your jurisdiction, including reviewing ingredients before purchase. You acknowledge that you are aware of and responsible for complying with all relevant laws concerning the use, possession, and consumption of Products in your state and local area.

By accessing the Site and purchasing our Products, you do so at your own risk and are responsible for ensuring compliance with all applicable laws, rules, and regulations. You may only place an order to purchase Upstate Elevator Products or use our Services in accordance with the laws of the United States and any applicable international laws in the jurisdiction where you will possess, use, or ship any Products.

Before using any product, we strongly recommend consulting with your healthcare professional to discuss any potential interactions or complications. If you are pregnant, nursing, have a heart condition, allergies, or any other medical conditions, please seek advice from a doctor or trained health professional before purchasing our Products. If you suspect or are concerned about a medical issue, contact your doctor or healthcare provider promptly. Upstate Elevator is not liable for any medical or other claims made by third parties or customer testimonials regarding the safety, use, or effectiveness of our Products. Keep products out of reach of children and pets.

Our Products are not designed to diagnose, treat, cure, mitigate, or prevent any disease or medical condition. The Products and any related statements have not been evaluated or approved by the U.S. Food and Drug Administration for any specific use, including safety or efficacy. By accessing this Site, you acknowledge that all information provided on the Site, including any social media pages or other Upstate Elevator channels, as well as any product-related documentation, is for informational and educational purposes only. None of the information on the Site or in these Terms of Service should be interpreted as medical advice or a substitute for professional healthcare. Always seek the advice of a qualified healthcare provider if you have any concerns about your health, and never disregard professional medical guidance based on information you read on the Site.

Using certain hemp-derived products may result in a positive drug test for tetrahydrocannabinol ("THC") or other cannabinoid metabolites. Upstate Elevator cannot guarantee that its Products do not contain trace amounts of THC, nor can we assure you that using Upstate Elevator Products will not cause a failed drug test for THC, cannabinoids, or their metabolites. Your use of Upstate Elevator Products is at your own risk. Upstate Elevator is not responsible for any personal consequences, such as adverse employment or professional actions, related to your use of our Products.

You agree to access and use this Website only for lawful and legitimate purposes, and not for any illegal or unauthorized activity. This includes, but is not limited to, activities that violate criminal, intellectual property, privacy, or any other applicable laws or regulations. By using this Website, you confirm that you are of legal age in your jurisdiction and capable of entering into a binding contract.

You may not interfere with or abuse the security of this Website, or any systems, resources, services, or networks connected to or accessible through it. You agree to use the Website only for lawful purposes and will not attempt to, or allow others to, access restricted areas of Upstate Elevator’s computer systems or perform actions you are not authorized to perform under these Terms. You are responsible for maintaining the confidentiality of your username and password for your account, and agree not to share them with anyone. If you notice any unauthorized use of your account, you agree to notify us immediately.

While using this Website, you agree to comply with all relevant laws, rules, and regulations. Additionally, you agree not to:

• Mirror or frame any part of this Website without prior written consent from Upstate Elevator; or
• Use any automated tools (like robots, spiders, or site search/retrieval applications) to retrieve, index, scrape, or reproduce any part of this Website or circumvent its navigational structure, without our express written consent.

Upstate Elevator is a company properly established and registered in Vermont. Your access to and use of this Website is considered a transaction governed by Vermont law and applicable federal laws. If you access this Website from outside of Vermont, you do so at your own risk and are responsible for complying with local, national, or international laws, including but not limited to import and export regulations. Specifically, you acknowledge that this Website and its Services may not be accessible or available in all jurisdictions, and it is your responsibility to ensure that using this Website and receiving Services is lawful in your jurisdiction.

If you reside in a jurisdiction where participating in the activities related to this Website or its Services is prohibited by law, you are not permitted to: (i) agree to these Terms; or (ii) access or use this Website or its Services. By accessing or using this Website, you affirm that you have verified the legality of such actions in your jurisdiction.

We are dedicated to protecting the privacy of the personal information of those we interact with. Our Privacy Policy outlines our practices regarding the collection, use, and disclosure of personal information for individuals who access or use this Website or the Services. Please refer to our Privacy Policy for more details.

You acknowledge and agree that the Website and Services are primarily provided via the Internet, and as such, your information, including personal data, may be transferred across borders and stored or processed in any country.

By providing your personal information to Upstate Elevator, you consent to receiving communications from us, our affiliates, or third-party partners through the contact details you provide, including by phone, email, text message, calls, and push notifications, unless prohibited by law. Standard text messaging charges from your mobile carrier may apply to the text messages we send.

You may only use this Site for the purposes explicitly permitted by these Terms. Any other use, including commercial use, is prohibited without our prior written consent. Specifically, you are not permitted to: (i) co-brand this Site, (ii) frame this Site, or (iii) create hyperlinks to this Site, unless you have obtained explicit prior written approval from an authorized representative of Upstate Elevator. For clarity, "co-branding" refers to displaying a name, logo, trademark, or any other identifier in a way that could lead users to believe that another party has the right to publish or distribute this Site or its content. You agree to cooperate with Upstate Elevator in promptly stopping any unauthorized co-branding, framing, or hyperlinking.

Furthermore, you are prohibited from using the Site or its Content for any of the following purposes:

1. engaging in unlawful activities;
2. encouraging or participating in illegal acts;
3. violating any applicable international, federal, state, or local laws, regulations, or ordinances;
4. infringing upon our or others' intellectual property rights, including copyrights, trademarks, or publicity rights;
5. engaging in harassment, abuse, discrimination, or hate speech based on gender, sexual orientation, religion, race, ethnicity, age, national origin, or disability;
6. providing false or misleading information;
7. uploading or transmitting viruses or malicious code that could disrupt the Site, Services, or related websites;
8. collecting or tracking personal information of others;
9. engaging in spam, phishing, or web scraping;
10. engaging in obscene or immoral conduct;
11. soliciting funds, advertisers, or sponsors; or
12. attempting to interfere with or bypass security features of the Site, Services, or related websites.

We reserve the right to terminate your access to the Site, Services, or any related websites if you engage in any prohibited activities listed above.

Although we are under no obligation, Upstate Elevator reserves the right to monitor the use of this Site to ensure compliance with these Terms and to remove or reject any content for any reason. Even with this right, you remain solely responsible for the content you submit. You acknowledge that neither Upstate Elevator nor any third-party content provider will be held liable for any action or inaction regarding your submissions.

This Website, including all Upstate Elevator Materials and their presentation, is owned by Upstate Elevator and its licensors and may be protected by intellectual property laws, such as copyright, trademark, patent, and other relevant U.S. federal laws, as well as laws in other applicable jurisdictions.

In accordance with these Terms, you are granted a limited license to view and print the materials and information available on this Website (collectively referred to as “Upstate Elevator Materials”) solely for your personal, non-commercial use. However, you must not modify these materials or remove or alter any copyright or other intellectual property notices. You are prohibited from creating derivative works, reproducing, modifying, republishing, or distributing the Upstate Elevator Materials or any part of them in any form or manner. Any use of the Upstate Elevator Materials other than as outlined above requires prior written permission from Upstate Elevator.

Unauthorized use, including the publication, copying, or modification of any of the Upstate Elevator Materials (including trademarks, trade names, and design marks), may violate applicable laws and could result in legal action.

To access certain features on this Site, you may need to provide specific registration details or other information. By using this Site, you agree that all information you provide is accurate, current, and complete. If we find that the information you provide is incorrect, outdated, or incomplete, we reserve the right to deny you access to the Site or Services and to suspend or terminate your access at any time, without notice.

To make a purchase from the Site, you must complete the checkout process and register as a customer. You will need to provide personal details such as your name, address, email address, and phone number (“User Information”). You must provide accurate and complete information during the registration process and keep your User Information updated as necessary. Our collection and use of your User Information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. Age verification will occur during the checkout process to ensure you are of legal purchasing age. Only individuals who confirm they are of legal age may purchase Products, use our Services, and participate in any promotions or offers.

You may also be asked to choose a username and password. You are solely responsible for maintaining the confidentiality of your password and ensuring that it is not shared with anyone else. You may not use someone else’s account, username, or password. You are fully responsible for all activities under your registration and User Information. If you notice any unauthorized use of your account, username, or password, you agree to notify us immediately. If you use a password that we deem insecure, we may require you to change it or terminate your account.

You agree not to create more than one account. By registering and creating an account, you confirm that you will adhere to the Terms of Service. Your registration indicates your consent to enter into agreements with us electronically.

We are not liable for any losses resulting from unauthorized use of your account, username, or password, whether with or without your knowledge. You may be held accountable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, or representatives due to unauthorized use of your account.

We reserve the right to terminate your registration or deny you access to Services at any time, with or without prior notice, for any reason or no reason at all.

Passwords used for accessing this Site are for individual use only. You are responsible for maintaining the security of your password (if applicable). Upstate Elevator reserves the right to monitor your password usage and, at its discretion, may require you to change it. If Upstate Elevator deems your password insecure, it may require you to update it or, in certain cases, terminate your account.

You are prohibited from using any services or features of this Site to compromise security or tamper with system resources or accounts. The use or distribution of tools designed to compromise security (such as password-cracking tools, network probing tools, or similar software) is strictly forbidden. If you become involved in any security violation, Upstate Elevator reserves the right to disclose your details to system administrators of other sites to assist in resolving the security issue. Upstate Elevator also reserves the right to investigate any suspected violations of these Terms of Service.

Upstate Elevator may fully cooperate with law enforcement authorities or court orders that request or direct it to disclose the identity of individuals involved in violating these Terms of Service.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO HOLD HARMLESS AND WAIVE ANY CLAIMS AGAINST UPSTATE ELEVATOR ARISING FROM ACTIONS TAKEN DURING OR AS A RESULT OF ITS INVESTIGATIONS, OR FROM ACTIONS TAKEN BY LAW ENFORCEMENT AUTHORITIES OR UPSTATE ELEVATOR.

While Upstate Elevator strives to ensure that the Upstate Elevator Materials are accurate at the time of posting, Upstate Elevator: (i) does not guarantee the accuracy, completeness, or timeliness of the materials at all times; (ii) disclaims any responsibility or liability for the accuracy, currency, or completeness of the Upstate Elevator Materials on this Website; (iii) does not endorse or approve any third-party sites, products, or services, even if this Website links to them or is linked from them. The information on this Website does not constitute an offer or solicitation for securities in any jurisdiction.

We reserve the right, but are not obligated, to correct any errors, inaccuracies, or omissions and to modify or update the Upstate Elevator Materials at any time, without prior notice (including after an order has been placed).User Content, Comments, and Feedback

By posting content on the Site, you grant us a license to use, distribute, copy, modify, and display it as part of our services. You agree that your content will not be offensive, unlawful, or contain harmful materials like viruses. You confirm that you own the rights to your content or have permission to post it. You will not be compensated for any content, and we may remove content that violates these Terms of Service. We are not responsible for the accuracy of any content you or others post.

By providing your phone number, you consent to receive text messages about the Site, Products, and Services, including promotions. Standard messaging rates apply. You can opt out by replying “STOP” to any message. You may still receive texts briefly during processing. By providing your email, you consent to receive emails about our Site, Services, and third-party info. You can unsubscribe at any time.

When you place an order through the Site, it is an offer to buy the listed Products under these Terms. We must accept the order before we are obligated to sell the Products. Acceptance occurs once you receive an order confirmation email. We may cancel or decline any order at our discretion.

You agree to pay for all orders placed, and by purchasing, you accept these Terms, our Shipping Policy, and Refund Policy. Prices are subject to change, and the price at the time of order will be in your confirmation email. Taxes and shipping fees will be added during checkout.

We will arrange shipment, and you are responsible for all shipping charges. Risk and title pass to you once the products are handed to the carrier. Shipping dates are estimated and not guaranteed, and we are not liable for delays.

We may limit sales by person, region, or quantity, and we reserve the right to change product descriptions, pricing, or discontinue products without notice. We do not guarantee that the quality of any product will meet your expectations.

Upstate Elevator may, at its discretion, offer promotions, discounts, and loyalty programs with different features to users or potential users. Along with these Terms, any contests, sweepstakes, surveys, games, or similar promotions may have additional rules that are separate from these Terms. By participating in any of these promotions, you agree to be bound by the specific rules, which may differ from the terms outlined here. Upstate Elevator also reserves the right to change promotions, discounts, and loyalty programs at any time, without prior notice.

Unless stated otherwise, discount codes are valid for one-time orders on shopwanderous.com. To use a discount, simply enter the code during checkout, click "apply," and the price in your cart will update. Please note that discounts do not apply to gift wrap or subscription orders.

Each code is valid for one-time use only. Offers cannot be combined with other coupons, discounts, or promotions. Offers are available while supplies last, with no substitutions or rain checks. They are not valid for previous purchases, and additional restrictions may apply.

Upstate Elevator reserves the right to withhold or remove credits or benefits obtained through any promotion or program if it determines or suspects that the promotion was redeemed in error, or if the credit or benefit was earned through fraudulent, illegal activities, or in violation of the promotion's terms or this Agreement. Upstate Elevator also reserves the right to modify, discontinue, or cancel any promotions or programs at its sole discretion and without notice.

By visiting the site, using the services, sending us emails, or completing online forms, you engage in electronic communications. You consent to receive communications from us electronically, and agree that all agreements, notices, disclosures, and other communications provided to you via email or on the site satisfy any legal requirement for written communication. You agree to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by us or through the site. You waive any rights or requirements under laws or regulations that require an original signature or non-electronic records or payments.

This website, the services, products, and materials are provided "as is," "where is," and "with all faults," without any representation, warranty, or condition, either express or implied. This includes, but is not limited to, any implied warranties or conditions regarding availability, accuracy, completeness, usefulness of the materials, uninterrupted access, and any warranties related to title, non-infringement, merchantability, quality, or fitness for a particular purpose. Upstate Elevator reserves the right to limit or remove access to the website, services, products, or materials in specific areas based on commercial viability, public concerns, or legal changes.

We do not guarantee that this website, the services, products, or materials will be timely, secure, uninterrupted, or error-free, that defects will be fixed, or that the website and its servers are free from viruses or harmful components.

To the fullest extent permitted by law, Upstate Elevator and its affiliates, including their respective directors, officers, employees, security holders, partners, or agents (collectively, the "Upstate Elevator Parties"), will not be liable to you for any:

1. incidental, indirect, punitive, exemplary, consequential, or similar damages (even if any Upstate Elevator Party is made aware of the possibility of such damages), or
2. any damages for loss of profits, business interruption, loss of business information, or loss of opportunity related to any claim, loss, damage, action, suit, or other proceeding arising from:
3. these terms,
4. this website (including any linked sites),
5. the Upstate Elevator materials,
6. the services,
7. the products, or
8. your access, use, or reliance on any of the foregoing, regardless of whether the claim is based on contract, tort (including negligence), intellectual property infringement, or otherwise.

In all cases, the total liability of the Upstate Elevator Parties to you will be limited to the lesser of: (A) thirty dollars ($30.00 USD), or (B) the amount you paid for products purchased through this website in the six (6) months prior to the event causing the liability.

Amounts paid for services or products do not create additional risks for Upstate Elevator beyond those expressly stated here. Upstate Elevator would not assume additional liability or risk without charging substantial fees. Note that some jurisdictions do not allow limitations on liability or exclusions of certain damages. In such cases, the limitations will apply only to the maximum extent permitted by law.

By accessing or using this website, you agree to defend and indemnify the Upstate Elevator Parties against any losses, liabilities, claims, demands, actions, proceedings, or expenses (including reasonable attorney fees and court costs) arising from your use of the website. This includes, but is not limited to, any products offered through the site, the use of information obtained from the website, your violation of these terms or any applicable law or regulation, or the posting or transmission of any materials on the website by you. This also covers any third-party claims that your content infringes upon their proprietary rights.

Upstate Elevator may suspend your access to the website and services or terminate these terms, including any licenses granted, at its sole discretion, without notice. Upon termination, you must immediately cease using the website and services.

These terms and any referenced documents form the entire agreement between you and us, superseding any prior agreements or arrangements. Both parties acknowledge they have not relied on any prior representations or promises except as stated in these terms.

Failure to enforce any right or provision of these terms does not waive such right or provision. Any waiver must be communicated in writing.

If any provision of these terms is unenforceable, the parties will replace it with a provision that closely reflects the intent of the unenforceable provision.

If any part of these terms is unenforceable, the rest will remain in effect, and the parties will work to replace the unenforceable provision.

Any disputes arising from these terms or related to the website, services, products, or your use of them will be resolved through arbitration. Both parties waive the right to resolve disputes in court, except for issues related to the enforceability of this arbitration agreement, which will be decided by the arbitrator.

Arbitration is governed by the Federal Arbitration Act and Vermont law. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules. The parties will each pay 50% of the arbitration costs and be responsible for their own legal fees. Arbitration will be conducted virtually or in the county of your residence, unless agreed otherwise. The arbitrator’s decision is final, but may be appealed in a court of competent jurisdiction. This arbitration clause does not prevent your participation in a government agency investigation.

Any dispute resolution process, whether through arbitration or in court, will be conducted on an individual basis only, and not as part of a class action, representative action, or as a member of any class, consolidated, representative, or private attorney general legal action. By accessing and continuing to use the Site, Products, or Services, you explicitly agree to this waiver. ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE RELATED TO THESE TERMS OF SERVICE, THE SITE, OR THE SERVICES MUST BE INITIATED WITHIN ONE (1) YEAR OF THE INCIDENT THAT GAVE RISE TO THE CLAIM. AFTER THIS PERIOD, THE CLAIM WILL BE PERMANENTLY BARRED.

The Company will not be held liable to the Customer or any other party for any failure or delay in fulfilling its obligations under this Agreement due to events outside of its reasonable control. These events include, but are not limited to, fire, storm, flood, earthquake, explosion, accident, pandemic, acts of war, riots, public disorder, sabotage, strikes, lockouts, labor disputes or shortages, work slowdowns or stoppages, energy or supply shortages, transportation delays, acts of God, equipment breakdowns, or government actions, regulations, or priorities, unless otherwise specified in this Agreement.

Once the event causing the delay or failure to perform ceases, this Agreement will continue in full force until all deliveries have been completed.

For inquiries about the website, services, products, or these terms, please contact us at:

Phone: 1-888-640-2155

Mail: 699 Pine St. Burlington, VT 05401