PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE
TERMS OF USE
THE FOLLOWING TERMS OF USE, INCLUDING DISCLAIMERS, INDEMNITIES, AND PRIVACY POLICY, APPLY TO ANY AND ALL ACCESSING AND/OR USE OF THIS WEBSITE. IT IS RECOMMENDED THAT ALL USERS CAREFULLY REVIEW THESE TERMS OF USE BEFORE USING THIS WEBSITE. FAILURE OF ANY USER TO REVIEW AND/OR BE INFORMED OF SUCH TERMS OF USE IS AT SUCH USER’S SOLE RISK.
Cypress Equities (“Cypress Equities”) and its affiliates maintain the website on which these Terms of Use are found (the “Site”) for the personal use of individuals accessing such Site (each, a “User”). Any User’s access to and/or use of this Site is subject to the following Terms of Use. Cypress Equities reserves the right to update these Terms of Use at any time without notice to Users other than to post such modified Terms of Use on the Site, available to the general public. The most current version of the Terms of Use may be accessed by clicking the “Terms of Use” hypertext link located at the bottom of the Site. By using this Site, each User accepts, without limitation or qualification, the then-effective Terms of Use. If any User does NOT agree to these Terms of Use, such User should do NOT use this Site.
Accuracy and Completeness of Information: Although Cypress Equities uses commercially reasonable efforts to ensure that the information contained in this Site is accurate and reliable in all material respects, Cypress Equities makes no warranties or representations as to the accuracy, correctness, completeness, or reliability of any information included on the Site, and assumes no liability or responsibility for any omissions, errors, or inaccuracies in or of the content of this Site.
Modification of Site: Cypress Equities reserves the right to periodically revise the information, services, and resources contained in and/or referenced on this Site, and further reserves the right to make such changes without any obligation to notify past, current, or prospective Users
Use of the Site by Users: Users may download content from the Site for non-commercial, personal use only, provided copyright, trademark, or other proprietary notices, if any, remain unchanged and visible. No right, title, or interest in any downloaded materials is transferred to any User as a result of any such downloading or copying. Every User, by accessing the Site, agrees that it will not modify, alter, display, distribute, sell, broadcast, reproduce, or transmit any material on the Site in any manner without the written permission of Cypress Equities, or attempt to modify, alter, display, distribute, sell, broadcast, reproduce, or transmit such transmit.
No Unlawful or Prohibited Use: By accessing this Site, each User agrees, as a condition of its use of the Site, that it will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.
Unsolicited Submissions: Cypress Equities does not accept or consider any unsolicited creative ideas, suggestions, or materials from the public or any individual User (collectively, “Submissions”). Therefore, no User shall make any Submissions to Cypress Equities. Any Submissions, if nevertheless made, will be made subject to these Terms of Use and, pursuant to such Terms of Use, shall be considered non-confidential and non-proprietary and immediately shall become the property of Cypress Equities regardless of any disclaimer(s) or purported reservations of rights and/claims of copyright or ownership as may be in included with and/or set forth on any such Submissions. Immediately following receipt by Cypress Equities of any such Submissions, the same automatically, and without the need for any further writing, agreement, assignment, or license shall be and become the exclusive property of Cypress Equities, which shall own all right, title and interest therein free from any claim by or liability to any User or any third party whatsoever and Cypress Equities will be free to use or destroy any Submissions for any purpose whatsoever.
Privacy Policy: Cypress Equities’s use of any personal data submitted to the Site is governed by the Site’s Privacy Statement. Please review the Privacy Statement below to understand these practices.
Disclaimers: THE SITE IS PROVIDED ON AN “AS IS” BASIS. CYPRESS EQUITIES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. CYPRESS EQUITIES DISCLAIMS ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY COST, LOSS, EXPENSE, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND OR NATURE RESULTING FROM, ARISING OUT OF, AND/OR ANY WAY RELATED TO (A) THIS SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY REFERENCED IN AND/OR ACCESSED THROUGH LINKS IN THIS SITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OR INOPERABILITY OF THE SITE OR ANY PORTION THEREOF, (D) THE USE OF THIS SITE BY ANY USER, OR (E) THE USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ACCESSING THE SITE BY ANY USER.
Limitation of Liability: In no event and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise, shall Cypress Equities be liable for any direct, indirect, special, incidental, consequential, or any other claims or damages arising out of, relating to, or resulting from any use of the information contained on the Site, including, without limitation, any claims or damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.
Copyright Notice: Unless otherwise noted, the photographic and graphic images, buttons, icons, renderings, depictions, descriptions, and text contained in and/or displayed on this Site are the exclusive property of Cypress Equities, its vendors, tenants, affiliates, and/or its subsidiaries and used with all requisite permissions. Except for personal use, none of such items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of Cypress Equities and any other third party that may hold any right, title, or interest in such copyrighted matter.
Trademarks: This Site may feature logos, brand identities, tradenames, and other trademarks and service marks (collectively, the “Marks”) that are the property of, or are licensed to Cypress Equities and its subsidiaries and affiliates. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission of Cypress Equities or any such third party that may own or hold any right, title, or interest in any Mark displayed on the Site.
Links to Third Party Sites: As a convenience to Users, this Site may link to other websites owned, controlled, created, maintained, and/or operated by third parties other than Cypress Equities. Even if such third parties may be affiliated with Cypress Equities, Cypress Equities has no control over these linked third-party websites, all of which have separate privacy and data collection practices and legal policies independent of Cypress Equities. Cypress Equities is not responsible for the content of any linked websites and does not make any representations regarding the content or accuracy of material on such websites. Viewing such third party websites is entirely at each User’s own risk.
Forward-Looking Statements: This Site may contain statements, estimates, or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Any such forward looking statements are inherently speculative and are based on currently available information, operating plans, and projections about future events and trends as of the time that such statements were first made. As such, such statements are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from historical experience and any then-present expectations or projections. User, by accessing the Site, acknowledges that there is no obligation of any party to publicly update or revise any forward-looking statements.
Jurisdiction: This Site is maintained and operated by Imaginuity Interactive, Inc. (“Imaginuity”), whose offices are in Dallas, Texas, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use and/or the Site shall be in the state and federal courts located in the Northern District of Texas and Dallas County, as applicable.
Indemnification: By accessing this Site, each User agrees to defend, indemnify, and hold Imaginuity, Cypress Equities, their respective service providers and contractors, and their respective directors, officers, employees, and agents harmless from and against all claims, losses, damages, liabilities, expenses, and costs (including without limitation reasonable attorney’s fees and court costs), arising out of, relating to, or resulting from such User’s use and/or accessing of the Site and/or its consent. The foregoing indemnification obligation shall survive termination of these Terms of Use and/or the operation of the Site.
Miscellaneous: These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. No waiver by Imaginuity and/or Cypress Equities of any right hereunder as it relates to any act or omission of any User shall be deemed to be a waiver of such right as to any other act or omission of that same User or any other User. If any provision of these Terms of Use shall be determined by a final non-appealable judgment of a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, or the application thereof to any person or circumstance shall be found to be unlawful, void, or unenforceable, then then the remainder of these Terms of Use or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each term, covenant, condition and provision of these Terms of Use shall be valid and be enforced to the fullest extent permitted by law and shall not be affected. The headings and captions in these Terms of Use are intended for convenience only and shall in no way affect the interpretation of the Terms of Use.
Imaginuity, Cypress Equities, their respective service providers and contractors, and their respective directors, officers, employees, and agents shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, war, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or government agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.