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| LEGAL
NOTICE |
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| This Terms of Use Agreement (“Agreement”)
constitutes a valid, binding contract between
you and Cypress Holdings Ltd. d/b/a Cypress
Industries, a Texas limited partnership
(“Cypress Industries”), the
owner and operator of the site accessible
through www.cypressindustries.com with respect to the use of the website (the
“Site”). The merchandise and
services on the Site are provided by Cypress
Industries, subject to your compliance with
the terms of this Agreement. YOUR USE OF
THE SITE SIGNIFIES AND CONSTITUTES YOUR
ACCEPTANCE OF THIS AGREEMENT, AS IT MAY
BE AMENDED FROM TIME TO TIME. Please read
this Agreement carefully as it forms a binding
contract between you and Cypress Industries.
Please print a copy of this Agreement for
your records. |
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| Cypress Industries takes the issue of privacy
on the Internet very seriously. To view
our Privacy Policy, click here. Additionally,
if you have any questions or concerns about
merchandise you have ordered or may order
through the Site, please view our Ordering
Policies by clicking here. |
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| PERSONAL USE OF CONTENTS |
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| The content of the Site is for your personal,
noncommercial use. Content copied, downloaded
or printed must retain all copyright, trademark
and other proprietary notices. For commercial
use of any portion of the contents, you
must secure the written consent from the
appropriate content provider (including
but not limited to reproduction on other
web sites, distribution by electronic mail,
or republication in a printed publication). |
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| USE OF SITE |
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| Your use of the Site is at the sole discretion
of Cypress Industries, which may deny you
further use of the Site at any time, for
any reason, with or without cause. Your
use of the Site and any orders for merchandise
placed through the Site do not entitle you
to continued use of the Site. |
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| Your use of the Site must always comply
with applicable law. In particular, but
without limitation, you agree and represent
not to use the Site to: |
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- impersonate any person or entity or
falsely state or otherwise misrepresent
your affiliation with any person or entity;
- upload, post, e-mail or otherwise transmit
any content that is unlawful, harmful,
threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous,
invasive of another’s privacy, hateful,
or racially, ethnically or otherwise objectionable;
- upload, post, e-mail or otherwise transmit
any content that infringes any patent,
trademark, trade secret, copyright or
other proprietary rights of any party;
or
- upload, post, e-mail or otherwise transmit
any material that contains software viruses
or any other computer code, files or programs
designed to interrupt, destroy or limit
the functionality of any computer software,
network, hardware or telecommunications
equipment.
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| USER SUBMISSIONS |
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| By voluntarily submitting information,
communications or content (including pictures
and anecdotes) to the Site, you agree that
such submissions are non-confidential for
all purposes. You further agree that such
submissions become the property of Cypress
Industries and that all title and interest
therein, including all rights of copyright,
shall rest with Cypress Industries at the
time they are submitted and/or posted. You
will be deemed to have granted to Cypress
Industries a non-revocable, worldwide, non-exclusive
license to use, reproduce, modify, publish,
edit, translate, distribute, perform and
display in any media or medium, or any form,
format or forum now known or hereafter developed,
for any purpose, in perpetuity without further
notice, and you waive all rights of attribution
and integrity. The submission of such materials
in no way creates any obligation or duty
on the part of Cypress Industries to post
or use such materials or, if we do so, to
give you credit. |
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| LINKS TO OTHER WEBSITES |
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| The Site may contain links to third party
websites. Such third party websites are
not under the control of Cypress Industries.
Please note that Cypress Industries is not
responsible for the accuracy or content
of websites of other providers that may
have links from this Site. Accordingly,
Cypress Industries can neither make any
representation concerning the terms of use,
privacy policies or content of these websites
to you, nor can the fact that Cypress Industries
has provided this link serve as an endorsement
by Cypress Industries of this or any other
website. In creating hypertext links to
any other website, Cypress Industries is
not recommending that website or giving
any assurances as to its standing. Cypress
Industries is providing this link only as
a convenience to you. The inclusion of these
links is not intended to reflect their importance,
nor is it intended to endorse any views
expressed, or products or services offered,
on these outside websites, or the organizations
sponsoring the websites. Cypress Industries
makes no warranties, explicit or implied,
regarding the performance of the links,
the performance of the outside websites
or the contents of the outside websites.
If you decide to access linked third party
websites, you do so at your own risk. |
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| INDEMNIFICATION |
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| YOU AGREE TO DEFEND, INDEMNIFY AND HOLD
COMPLETELY HARMLESS CYPRESS INDUSTRIES FROM
AND AGAINST ANY AND ALL CLAIMS, DAMAGES,
COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION,
CLAIMS BASED UPON THE NEGLIGENCE OF CYPRESS
INDUSTRIES, ARISING FROM OR RELATED TO YOUR
USE OF THE SITE, THE MATERIALS IT CONTAINS,
AND ANY WEBSITES LINKED TO THIS SITE. |
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| DISCLAIMER OF WARRANTIES |
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| YOU EXPRESSLY UNDERSTAND AND AGREE THAT: |
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- YOUR USE OF THE SITE IS AT YOUR SOLE
RISK. THE SITE IS PROVIDED ON AN “AS
IS” AND “AS AVAILABLE”
BASIS. CYPRESS INDUSTRIES EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF FITNESS FOR
A PARTICULAR PURPOSE, MERCHANTABILITY,
NON-INFRINGEMENT, QUALITY, PERFORMANCE,
NON-INTERFERENCE WITH INFORMATION, AND
ACCURACY OF INFORMATIONAL CONTENT. THERE
IS NO WARRANTY THAT INFORMATION PROVIDED
HEREUNDER, OUR EFFORTS, OR THE SITE WILL
FULFILL ANY OF YOUR PARTICULAR PURPOSES
OR NEEDS. ANY AND ALL INFORMATION CONTAINED
ON THE SITE, INCLUDING SUGGESTED RETAIL
PRICES, PRODUCT SPECIFICATIONS, AND INFORMATION
CONCERNING LAUNCHING OF PRODUCTS, IS SUBJECT
TO CHANGE WITHOUT NOTICE.
- CYPRESS INDUSTRIES MAKES NO WARRANTY
THAT:
- YOUR USE OF THE SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE WILL BE ACCURATE
OR RELIABLE;
- THIS SITE, INCLUDING THE SERVER
THAT MAKES IT AVAILABLE, IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS;
OR
- THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
- NO INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM CYPRESS INDUSTRIES
OR THROUGH THIS SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT.
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| LIMITATIONS AND EXCLUSIONS OF LIABILITY |
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| YOU EXPRESSLY UNDERSTAND AND AGREE THAT
CYPRESS INDUSTRIES SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF CYPRESS INDUSTRIES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: |
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- THE USE OR THE INABILITY TO USE THE
SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OF DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SITE; OR
- ANY OTHER MATTER RELATING TO THE SITE,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF MATERIALS AND INFORMATION AVAILABLE
FROM THIS SITE.
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| IF YOU ARE DISSATISFIED WITH THE SITE,
OR ANY OF THE INFORMATION CONTAINED THEREON,
OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
YOUR USE. NOTWITHSTANDING THE FOREGOING,
CYPRESS INDUSTRIES’S LIABILITY TO
YOU SHALL BE LIMITED IN ALL INSTANCES TO
THE SUM OF PAYMENTS MADE FOR MERCHANDISE
PURCHASED THROUGH THIS SITE, BUT IN NO CASE
SHALL SUCH AMOUNT EXCEED $1,000. YOU FURTHER
AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER
PERSON OR SERVE AS A CLASS REPRESENTATIVE
OF ANY CLASS ACTION LAWSUIT AGAINST CYPRESS
INDUSTRIES ARISING OUT OF THE USE OF THE
SITE. |
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| CYPRESS INDUSTRIES SHALL NOT BE HELD LIABLE
FOR ANY REPRESENTATIONS ON THIRD PARTY WEBSITES
IN RELATION TO THE INFORMATION PROVIDED
IN THIS SITE. |
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| INTELLECTUAL PROPERTY RIGHTS |
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| The Site is owned and operated by Cypress
Industries and is protected by copyright,
trademark, trade dress and other intellectual
property rights. |
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- Cypress Industries grants you a personal,
revocable, non-transferable, and non-exclusive
right and license to use the object code
of the Site on a single computer; provided
that you do not (and do not allow any
third party to) copy, modify, create a
derivative work from, reverse engineer,
reverse assemble or otherwise attempt
to discover any source code, sell, assign,
sublicense, grant a security interest
in or otherwise transfer any right in
the software for the Site except and only
to the extent that such activity is permitted
by applicable law notwithstanding this
limitation.
- Cypress Industries mark and logo, and
other trademarks, service marks, labels,
product names and service names (collectively,
the “Marks”) are owned or
licensed by Cypress Industries. You agree
not to copy, display or otherwise use
any of the Marks without the prior written
permission of Cypress Industries. Notwithstanding
the foregoing, the Marks may not be used
in any manner likely to cause confusion,
disparage or dilute these Marks and/or
in connection with any product or service
that is not authorized, sponsored, endorsed
by, or affiliated with Cypress Industries.
- The entire Site and all object code
and source code, text, graphics, multimedia
content, including but not limited to
images, illustrations, audio and video
clips, html and other mark up languages,
and all scripts within the Site associated
therewith, are Copyright 2005, Cypress
Industries. All rights reserved. The copyrighted
and proprietary property of Cypress Industries
may not be duplicated or used without
Cypress Industries’s express prior
written consent.
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| WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE MATERIALS, OR THE
INFORMATION OR DATA CONTAINED IN SUCH MATERIALS,
CONTAINED IN THIS SITE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED.
FURTHER, ANY USE OF THE SITE MATERIAL FOR
ANY OTHER PURPOSE THAN AS PERMITTED HEREIN
IS EXPRESSLY PROHIBITED BY LAW, AND MAY
RESULT IN CIVIL AND CRIMINAL PENALTIES. |
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| MODIFICATION |
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| Cypress Industries may update, revise,
supplement, modify or amend this Agreement
at any time. Any updates, revisions, supplements,
modifications or amendments shall be effective
immediately upon its posting on the Site.
You agree that you will be bound by this
Agreement, however and whenever it is updated,
revised, supplemented, modified, or amended,
whether you have actual or constructive
notice of, and whether you have used or
continue to use the Site after, the updates,
revisions, supplements, modifications or
amendments. |
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| DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE |
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| Cypress Industries owns, protects and enforces
copyright in its own creative materials
and respects the copyright properties of
others. The Site may contain materials of
third parties and links to third party websites,
portals and directories. As a result, materials
of third parties, not owned or controlled
by Cypress Industries, may be included in
or linked to the Site or may be stored or
transmitted over the Site. To the best of
Cypress Industries 's knowledge, these materials
do not infringe the copyrights of others.
Upon receipt of proper notice of claimed
infringement, Cypress Industries will respond
expeditiously to follow the procedures specified
in the DMCA to resolve the claim between
the notifying party and the alleged infringer
who provided the materials in issue, including,
where applicable, removing or disabling
access to materials claimed to be infringing
or by removing or disabling access to links
to such material. It is the policy of Cypress
Industries to terminate its relationships
with third parties who repeatedly infringe
the copyrights of others where such parties
are known to Cypress Industries to be repeat
infringers in connection with their use
of Cypress Industries's sites, links, or
storage and communication systems and networks.
The designated agent (i.e. the proper party)
to whom you should address such notice is
Mr. Tom Lonsdale, Cypress Industries, 13581
Pond Springs Road Suite 315, Austin, TX
78729 Tel: 512.637.2540, Fax: 512.637.2541;
info@cypressindustries.com. |
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| ENTIRE AGREEMENT |
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| This Agreement constitutes the entire agreement
between you and Cypress Industries with
respect to your use of the Site. There are
no other representations, warranties, terms,
agreements or conditions, either written
or oral, with respect to your use of the
Site except as set forth in this Agreement.
The terms herein as they relate to the ordering
of merchandise from the Site are supplemented
by our Ordering Policies. To view our Ordering
Policies, please click here. |
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| SEVERABILITY |
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| If any provision of this Agreement is deemed
unlawful, void, voidable or unenforceable
for any reason, then that provision shall
be deemed severable from this Agreement
and shall not affect the validity or enforceability
of any remaining provisions. |
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| GOVERNING LAW AND VENUE |
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| This Agreement, the entire relationship
between you and Cypress Industries, and
any litigation or other legal proceeding
between you and Cypress Industries (whether
grounded in tort, contract, law or equity)
shall be governed by and construed in accordance
with the laws of the State of Texas, without
giving effect to its choice of law rules. |
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| This contract is fully performable in Travis
County, Texas. Any litigation arising between
the parties hereto shall be brought only
in the state or federal courts having subject
matter jurisdiction in Travis County, Texas.
You hereby irrevocably and unconditionally
consent to the jurisdiction of any such
court and hereby irrevocably and unconditionally
waive any defense of an inconvenient forum
to the maintenance of any action or proceeding
in any such court, any objection to venue
with respect to any such action or proceeding,
and any right of jurisdiction on account
of the place of residence or domicile of
any party thereto. |
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| TERMINATION |
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| Cypress Industries may terminate your right
to use this Site, with or without cause
at any time in its sole discretion, including,
without limitation, your violation of this
Agreement, failure to provide accurate registration
data, and lack of use. In the event of termination,
all representations, warranties, indemnifications,
and promises made by you shall survive. |
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| CONTACT INFORMATION |
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| If you have a comment, question or request,
or if you need to contact Cypress Industries
(click here) for any other reason, there
are two (2) easy ways to do so. |
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- E-mail: You can send us a message by
clicking here.
- U.S. Mail: Send mail to Cypress Industries
at:
13581 Pond Springs Road Suite 315
Austin, TX 78729
Tel: 512.637.2540
Fax: 512.637.2541;
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