Terms of Use

LEGAL NOTICE

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.

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.

PERSONAL USE OF CONTENTS

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).

USE OF SITE

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.

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:

1. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
2. 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;
3. 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
4. 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.

USER SUBMISSIONS

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.

LINKS TO OTHER WEBSITES

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.

INDEMNIFICATION

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.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. 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.
2. 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.
3. 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.
4. 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.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

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:

1. THE USE OR THE INABILITY TO USE THE SITE;
2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA;
3. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
4. 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.

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.

CYPRESS INDUSTRIES SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY WEBSITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

INTELLECTUAL PROPERTY RIGHTS

The Site is owned and operated by Cypress Industries and is protected by copyright, trademark, trade dress and other intellectual property rights.

1. 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.
2. 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.
3. 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.

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.

MODIFICATION

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.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

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: 214.550.1226, info@cypressindustries.com.

ENTIRE AGREEMENT

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.

SEVERABILITY

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.

GOVERNING LAW AND VENUE

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.

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.

TERMINATION

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.

CONTACT INFORMATION

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.

1. E-mail: You can send us a message by clicking here.
2. U.S. Mail: Send mail to Cypress Industries at:
   13581 Pond Springs Road Suite 315
   Austin, TX 78729
   Tel: 214.550.1226