Last updated:
September 14, 2026
Welcome to Upstate Marketing ("Upstate," "we," "our," or "us").
These Terms of Use govern your access to and use of upstatepmarketing.com and any pages, content, forms, scheduling tools, resources, or other features available through the website (the "Site").
By accessing or using the Site, you agree to these Terms of Use and our Privacy Policy. If you do not agree with these terms, please do not use the Site.
These Terms apply to use of our website. If you become an Upstate client, your services will be governed by a separate proposal, service agreement, statement of work, or other written agreement between you and Upstate.
About Upstate
Upstate is a marketing agency that provides services that may include:
Websites and SEO
Content creation
Social media services
Analytics and reporting
CRM and lead management
Email and SMS marketing
Marketing automation
Digital strategy
Related marketing and consulting services
The information presented on the Site is intended to describe our services and allow businesses to learn more about working with Upstate.
Nothing on the Site creates a client relationship between you and Upstate.
A client relationship begins only when both parties agree to the applicable terms of a separate written agreement.
Eligibility
The Site is intended primarily for businesses, business owners, employees, and other individuals interested in Upstate's services.
By using the Site, you represent that you are legally capable of agreeing to these Terms.
If you are using the Site on behalf of a business or organization, you represent that you have authority to act on behalf of that organization when submitting information to us.
Strategy Calls and Website Forms
The Site may allow you to request information, submit business details, or schedule a strategy call with Upstate.
Information you provide may include:
Your name
Business name
Email address
Phone number
Website
Industry
Business location
Number of employees
Approximate marketing budget
Services you are interested in
Scheduling information
You agree to provide information that is accurate and not intentionally misleading.
Scheduling a strategy call does not require Upstate to accept you as a client, provide services, or make a proposal.
Upstate may decline, cancel, or reschedule a call when reasonably necessary.
We may also determine that our services are not appropriate for a particular business or project.
No Guarantee of Results
Marketing results depend on many factors outside Upstate's control.
Unless specifically stated in a separate written agreement, Upstate does not guarantee:
A particular number of leads
Sales or revenue increases
Search engine rankings
Social media growth
Advertising performance
Conversion rates
Website traffic
Return on investment
Business growth
Placement on a particular platform
Any other specific marketing outcome
Examples, case studies, estimates, projections, mockups, portfolio pieces, or past results shown on the Site do not guarantee that another client will achieve similar results.
Any performance goals agreed to as part of a client engagement will be governed by the applicable client agreement.
Website Information
We make reasonable efforts to keep the information on the Site accurate and current.
However, information may occasionally contain errors, outdated details, or incomplete information.
Upstate may change:
Services
Service descriptions
Pricing
Availability
Website content
Processes
Features
at any time without prior notice.
Information presented on the Site should not be treated as legal, financial, accounting, tax, or other regulated professional advice.
Pricing and Quotes
Prices displayed on the Site, if any, are for informational purposes unless expressly stated otherwise.
Actual pricing may vary depending on:
Scope of work
Project complexity
Timeline
Number of services
Required integrations
Content requirements
Advertising requirements
Custom development
Ongoing management needs
A quote, proposal, or discussion during a strategy call does not create a binding agreement unless both Upstate and the client accept the applicable written agreement.
Intellectual Property
Unless otherwise stated, the Site and its original content are owned by or licensed to Upstate.
This may include:
Upstate's name and branding
Logos
Website design
Graphics
Videos
Photography
Animations
Written copy
Service descriptions
Layouts
Illustrations
Marketing materials
Original concepts and creative work
These materials are protected by applicable copyright, trademark, and other intellectual property laws.
You may view the Site for personal or internal business purposes.
You may not copy, reproduce, republish, distribute, modify, sell, license, scrape, or commercially exploit Upstate's website content without our prior written permission, except where permitted by law.
Portfolio and Example Work
The Site may display portfolio work, concepts, mockups, demonstrations, sample campaigns, or other creative materials.
Some materials may represent actual client work, while others may be fictional concepts created to demonstrate Upstate's capabilities.
Unless clearly stated otherwise, the appearance of a brand, company, product, or business within a conceptual project does not necessarily indicate that the organization is an Upstate client.
Rights relating to actual client work may also be subject to the agreement between Upstate and that client.
Materials You Submit to Us
You may provide Upstate with information, files, logos, website links, business details, brand materials, or other content while discussing a potential project.
You retain ownership of materials that you own.
By providing materials to us, you represent that you have the right to provide them and permit Upstate to review and use them for purposes related to your inquiry, strategy call, proposal, or potential project.
Submitting materials through the Site does not transfer ownership of those materials to Upstate.
Any broader rights relating to client materials or finished work will be addressed in the applicable client agreement.
Confidential Information
You should avoid submitting highly sensitive or confidential information through general website forms unless Upstate specifically requests it through an appropriate method.
Information submitted through our strategy call form will be handled according to our Privacy Policy.
A website inquiry or strategy call does not automatically create a legal duty of confidentiality equivalent to a signed nondisclosure agreement.
If a project requires special confidentiality obligations, those terms should be included in a separate written agreement.
Acceptable Use
You agree not to use the Site to:
Violate any applicable law or regulation
Submit false, fraudulent, or misleading information
Impersonate another person or business
Attempt to gain unauthorized access to the Site or related systems
Introduce malware, malicious code, or harmful software
Interfere with the operation or security of the Site
Automatically scrape or harvest information without permission
Copy or misuse Upstate's intellectual property
Use the Site to send spam or abusive communications
Attempt to test or circumvent website security without authorization
Use the Site in a way that harms Upstate, its clients, or other users
We may restrict or block access to the Site if we reasonably believe these Terms have been violated.
Third-Party Services
Our Site may use or link to third-party services.
These may include services for:
Scheduling
Video conferencing
Website hosting
Analytics
Forms
CRM systems
Email
Social media
Payment processing
Advertising
Automation
These third-party services operate under their own terms and privacy policies.
Upstate does not control and is not responsible for the availability, security, content, practices, or performance of third-party websites or platforms.
Your use of those services may be subject to additional terms established by the applicable provider.
Third-Party Links
The Site may contain links to websites or resources operated by other companies.
These links are provided for convenience or informational purposes.
A link does not necessarily mean that Upstate endorses, controls, or has a business relationship with the third party.
Upstate is not responsible for the content, accuracy, availability, products, services, or privacy practices of third-party websites.
Website Availability
We try to keep the Site available and functioning properly, but we cannot guarantee uninterrupted access.
The Site may occasionally be unavailable because of:
Maintenance
Software updates
Hosting issues
Internet outages
Security incidents
Third-party service interruptions
Technical problems
Events outside our reasonable control
We may modify, suspend, or discontinue any part of the Site at any time.
Disclaimer of Warranties
To the fullest extent permitted by law, the Site and its content are provided on an "as is" and "as available" basis.
Upstate makes no warranty that:
The Site will always be available
The Site will be error-free
All information will always be complete or current
The Site will be free from harmful components
Use of the Site will produce any particular business or marketing result
Nothing in this section excludes warranties that cannot legally be excluded under applicable law.
Limitation of Liability
To the fullest extent permitted by applicable law, Upstate and its owners, employees, contractors, representatives, and affiliates will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of or inability to use the Site.
This includes, where legally permitted, losses relating to:
Revenue
Profits
Business opportunities
Data
Website availability
Marketing performance
Reputation
These limitations apply only to claims arising from use of the Site.
Liability relating to services provided to an Upstate client will be governed by the applicable client agreement.
Nothing in these Terms limits liability that cannot legally be limited or excluded.
Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Upstate and its owners, employees, contractors, and representatives from claims, damages, liabilities, losses, and reasonable expenses arising from:
Your unlawful use of the Site
Your violation of these Terms
Content or materials you submit without proper rights or permission
Your infringement of another person's rights
This provision does not apply where prohibited by applicable law.
Privacy
Your use of the Site is also subject to our Privacy Policy.
Our Privacy Policy explains what information we collect, how we use it, when it may be shared, and the choices available to you.
The Privacy Policy should be read together with these Terms of Use.
Client Agreements Control
These Terms govern the public Upstate website.
If you hire Upstate, your relationship with us may also be governed by documents such as:
A service agreement
Proposal
Statement of work
Retainer agreement
Project agreement
Order form
If there is a conflict between these website Terms and a signed agreement governing paid services, the signed client agreement will control with respect to those services.
Termination and Access Restrictions
We reserve the right to restrict, suspend, or terminate access to the Site when reasonably necessary, including when we believe a person has violated these Terms, interfered with the Site, engaged in fraudulent behavior, or created a security risk.
Provisions that by their nature should continue after termination will remain effective.
Governing Law
These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles.
To the extent permitted by applicable law, disputes relating specifically to use of the Site will be resolved in the appropriate state or federal courts located in Michigan.
If Upstate later adopts a client agreement containing different dispute-resolution terms, those terms will govern disputes relating to that client relationship.
Severability
If any provision of these Terms is determined to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary.
The remaining provisions will continue in full force and effect.
No Waiver
If Upstate does not immediately enforce a provision of these Terms, that does not mean we waive our right to enforce it later.
A waiver of one provision does not constitute a waiver of any other provision.
Changes to These Terms
We may update these Terms from time to time as our website, services, technology, or business practices change.
When we make changes, we will update the Effective Date shown at the top of this page.
Continued use of the Site after updated Terms are posted means the updated Terms will apply to your subsequent use of the Site, to the extent permitted by law.
Contact Us
If you have questions, concerns, or requests regarding this Privacy Policy or how Upstate handles information, you can contact us at:
Upstate Marketing
Website: upstatepmarketing.com
Email: info@upstatepmarketing.com