Effective Date: May 24, 2022
Cypress Creek Development, Ltd.
666 Burrard St, Vancouver, BC, Canada, V6C 3P6
Welcome to the website of Cypress Creek Development, Ltd. (referred to as “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website located at cypresscreekdevelopment.com (the “Site”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Site.
1. Acceptance of Terms
By accessing or using the Site, you confirm that you have the legal capacity to enter into this agreement. If you are accessing the Site on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
2. Eligibility
The Site is intended for users of all ages, subject to applicable law. If you are a minor under the laws of your jurisdiction (e.g., under 19 in British Columbia, Canada), you may only use the Site with the express permission and direct supervision of a parent or legal guardian who agrees to these Terms on your behalf. We reserve the right to refuse access to the Site to anyone for any reason at any time, subject to applicable law.
3. Use of the Site
You agree to use the Site only for lawful purposes and in accordance with these Terms. You may not:
- Use the Site in any way that violates applicable Canadian, European, U.S., or international laws or regulations, including but not limited to the Personal Information Protection and Electronic Documents Act (PIPEDA), the General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA).
- Engage in any activity that interferes with or disrupts the Site, including introducing viruses, malware, or other harmful code.
- Attempt to gain unauthorized access to any portion of the Site, its servers, or any connected systems.
- Use the Site to harass, abuse, or harm another person or entity.
4. Intellectual Property
All content on the Site, including text, graphics, logos, images, and software, is the property of Cypress Creek Development, Ltd. or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content from the Site without our prior written consent.
5. Third-Party Services: Google Site Kit
The Site uses Google Site Kit, a tool provided by Google to integrate services such as Google Analytics, Google Search Console, and others. Your use of Google Site Kit through our Site is subject to Google’s Terms of Service (available at https://policies.google.com/terms) and Google’s Privacy Policy (available at https://policies.google.com/privacy).
As the site owner, we are responsible for managing notice and consent requirements under applicable privacy laws, including GDPR, when using Google Site Kit. We may use third-party plugins to block Google services from capturing data until you provide consent, where required by law (e.g., GDPR). For more information on how we handle your data, please see our Privacy Policy.
6. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and disclosure of personal information through the Site are governed by our Privacy Policy, which complies with:
- PIPEDA (Canada): Ensuring transparency and consent for the handling of personal information of Canadian residents.
- GDPR (European Union): Providing EU residents with rights to access, rectification, erasure, restriction, portability, and objection to processing of their personal data, as well as explicit consent mechanisms.
- CCPA (California, USA): Granting California residents rights to know, delete, and opt-out of the sale of their personal information.
By using the Site, you consent to the collection and use of your information as described in our Privacy Policy. If you are an EU resident, we process your data based on your explicit consent or other lawful bases under GDPR (e.g., legitimate interests or contract performance). If you are a California resident, you may exercise your CCPA rights by contacting us at the address below.
7. User Consent
We use both clickwrap (e.g., requiring you to click “I Agree” during account creation or form submission) and browsewrap (e.g., continued use of the Site implies consent) methods to obtain your agreement to these Terms and our Privacy Policy. For GDPR compliance, where applicable, we will request your explicit, opt-in consent for data processing (e.g., via a cookie consent banner).
8. Links to Third-Party Websites
The Site may contain links to third-party websites not operated by us. We are not responsible for the content, privacy practices, or terms of use of these external sites. Accessing third-party sites is at your own risk, and we encourage you to review their terms and policies.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Cypress Creek Development, Ltd., its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Site, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising from these Terms or your use of the Site will not exceed CAD $100.
The Site is provided “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
10. Indemnification
You agree to indemnify, defend, and hold harmless Cypress Creek Development, Ltd. and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Site, violation of these Terms, or infringement of any third-party rights.
11. Termination
We may suspend or terminate your access to the Site at our sole discretion, with or without notice, if you violate these Terms or engage in conduct we deem harmful to our interests or other users, subject to applicable law. Upon termination, your right to use the Site will cease immediately.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Site will be resolved in the courts of Vancouver, British Columbia, unless otherwise required by applicable law (e.g., GDPR or CCPA rights may allow you to pursue claims in your home jurisdiction).
For EU residents: You may also have the right to lodge a complaint with a supervisory authority in your country under GDPR. For California residents: You may file a complaint with the California Attorney General under CCPA.
13. International Use
The Site is operated from Canada and intended for users in Canada, the European Union, the United States, and other regions. If you access the Site from outside Canada, you do so at your own risk and are responsible for compliance with local laws. We make no representation that the Site is appropriate or available for use in all locations.
For GDPR compliance: If you are an EU resident, we ensure that any international data transfers comply with GDPR safeguards (e.g., Standard Contractual Clauses).
14. Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices or legal requirements. We will notify you of material changes by posting the updated Terms on the Site with a new “Effective Date” at least 30 days before they take effect, unless immediate changes are required by law. Your continued use of the Site after such changes constitutes your acceptance of the revised Terms.
15. Contact Us
If you have questions about these Terms or wish to exercise your privacy rights (e.g., GDPR or CCPA requests), please contact us at:
Cypress Creek Development, Ltd.
666 Burrard St, Vancouver, BC, Canada, V6C 3P6
Email: contact@cypresscreekdevelopment.com
Phone: 1-(778)-907-3867
Toll Free: 1-(888)-861-2195
For GDPR purposes, our Data Protection Officer can be reached at the above email address. For CCPA purposes, you may submit a verifiable consumer request to the same contact information.
16. Miscellaneous
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Site.
- Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.