TERMS AND CONDITIONS FOR USE OF CERAKOTE® WEBSITES and online interactions with nic industries, inc.

CERAKOTE® IS A DIVISION OF NIC INDUSTRIES, INC.

Effective as of April 11, 2019

  1. Introduction
  2. Account Terms
  3. License
  4. User Comments
  5. Hyperlinking to our Content
  6. Iframes
  7. Reservation of Rights
  8. Removal of Links from our Website
  9. Content Liability
  10. Disclaimer
  11. Quality Assurance Program
  12. Shipping Policy
  13. Warranty
  14. Credit Card Processing
  15. Privacy Statement
  16. The way we use Information
  17. Our Commitment To Data Security
  18. Gallery Project Submissions
  19. Contact Us

INTRODUCTION

Hello, and welcome to the Terms and Conditions For Use of the CERAKOTE® websites and online interactions with NIC Industries, Inc. ("Terms"). As used in these Terms, the words “we” and “us” refer to NIC Industries, Inc. The Terms you see below are important because they:

  • Outline your usage rights on all CERAKOTE® websites and platforms;
  • Explain the rights you give to us when you use the CERAKOTE® websites and platforms;
  • Describe the rules everyone needs to follow when using the CERAKOTE® websites and platforms.

Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully.

By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use this website if you do not accept all the terms and conditions stated in these Terms or on the Privacy Policy page.

ACCOUNT TERMS

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this service;
  2. To access and use the services, you must register for a CERAKOTE® account by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. We may reject your application for an Account, or cancel an existing account, for any reason, in our sole discretion;
  3. You acknowledge that we will use the email address you provide as the primary method for communication;
  4. You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password;
  5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account;
  6. A breach or violation of any of these Terms as determined in our sole discretion will result in an immediate termination of your use.

LICENSE

Unless otherwise stated, we and/or our licensors own the intellectual property rights for all material on the CERAKOTE® websites and platforms. All intellectual property rights are reserved. You may view and/or print pages from CERAKOTE® websites and platforms for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from CERAKOTE® websites and platforms
  2. Sell, rent or sub-license material from CERAKOTE® websites and platforms
  3. Reproduce, duplicate or copy material from CERAKOTE® websites and platforms

Redistribute content from CERAKOTE® websites and platforms (unless content is specifically made for redistribution).

USER COMMENTS

  1. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. Comments do not reflect the views or opinions of NIC Industries, Inc., its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws we shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses of any kind or nature caused and or suffered because of any use of and/or posting of and/or appearance of the Comments on this website.
  2. We reserve the right to monitor all Comments and to remove any Comments which we consider, in our absolute discretion, to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
  3. You warrant and represent that:
    1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
    2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
    3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy;
    4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity; and
    5. You will indemnify, defend and hold NIC Industries, Inc., it officers, directors, agents and employees free and harmless from any and all claims, demands, damages, fees and costs of any kind, including but not limited to reasonable attorneys’ fees, incurred by us and arising out of any Comments or other material that you submit or transmit on or through the CERAKOTE® websites and platforms, your use of the CERAKOTE® websites and platforms, and/or any violation of these Terms by you
  4. You hereby grant to usa non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in all forms, formats or media.

HYPERLINKING TO OUR CONTENT

  1. The following organizations may link to our website without prior written approval:
    1. Government agencies;
    2. Search engines;
    3. News organizations;
    4. Online directory distributors when they list us in the directory may link to our website in the same manner as they hyperlink to the websites of other listed businesses; and
    5. System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.
    6. These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
    7. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    8. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    9. com community sites;
    10. associations or other groups representing charities, including charity giving sites,
    11. online directory distributors;
    12. internet portals;
    13. accounting, law and consulting firms whose primary clients are businesses; and
    14. educational institutions and trade associations.

These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 3 above and are interested in linking to our website, you must notify us by sending an e-mail to info@cerakoteceramics.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our website as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our website or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of  the CERAKOTE® trademarks, logos, artwork, or other copyrighted materials will be allowed for linking absent a signed intellectual property license agreement with us.

IFRAMES

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our website.

RESERVATION OF RIGHTS

We reserve the right at any time and in our sole discretion to request that you remove all links or any link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions.

REMOVAL OF LINKS FROM OUR WEBSITE

If you find any link on our website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

CONTENT LIABILITY

We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

DISCLAIMER

 

To the extent that the CERAKOTE® websites and platforms and the information and services on the CERAKOTE® websites and platforms are provided free of charge, we will not be liable for any loss or damage of any nature. The information provided on the CERAKOTE® websites and platforms is accurate to the best of our knowledge, is updated as we become aware of any changes, and is provided for informational purposes only. We make no representations or warranties about the accuracy or completeness of the CERAKOTE® websites and platforms.  By using the CERAKOTE® websites and platforms, you expressly acknowledge and agree that:

  1. YOUR USE OF THE CERAKOTE® WEBSITES AND PLATFORMS IS VOLUNTARY AND AT YOUR SOLE RISK. THE CERAKOTE® WEBSITES AND PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE CERAKOTE® WEBSITES AND PLATFORMS.
  2. WE MAKE NO WARRANTY THAT ACCESS TO THE CERAKOTE® WEBSITES AND PLATFORMS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE CERAKOTE® WEBSITES AND PLATFORMS AND/OR THE PRODUCTS OFFERED FOR SALE ON THE CERAKOTE® WEBSITES AND PLATFORMS WILL MEET YOUR EXPECTATIONS.
  3. ANY MATERIAL THAT YOU ACCESS OR OTHERWISE OBTAIN THROUGH YOUR USE OF THE CERAKOTE® WEBSITES AND PLATFORMS IS DONE BY YOU VOLUNTARILY, AT YOUR SOLE DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE CERAKOTE® WEBSITES AND PLATFORMS.
  4. NO INFORMATION OBTAINED BY YOU THROUGH YOUR USE OF THE CERAKOTE® WEBSITES AND PLATFORMS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OR OTHERWISE APPLICABLE TO YOUR PURCHASE OF OUR PRODUCTS.

WITHOUT IN ANY WAY LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NIC INDUSTRIES, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, INCLUDING BUT NOT LIMTIED TO DAMAGES FOR LOST PROFITS, GOODWILL, LOSS OF USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE CERAKOTE® WEBSITES AND PLATFORMS, THE ACCURACY OF THE INFORMATION CONTAINED ON THE CERAKOTE® WEBSITES AND PLATFORMS, OR ANY OTHER MATTER RELATING TO YOUR USE OF THE CERAKOTE® WEBSITES AND PLATFORMS.  TO THE EXTENT THAT YOUR JURISDICTION DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRATIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SOME OF THE LIMITATIONS SET FORTH IN THIS DISCLAIMER MAY NOT APPLY TO YOU, AND THIS DISCLAIMER DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

QUALITY ASSURANCE PROGRAM

We are committed to providing the highest quality coatings available. From raw material procurement to manufacturing and packaging, every step is tested and certified against some of the highest industry standards including ASTM and MIL Spec. Lot samples of raw materials and finished goods are retained for further testing and certification if necessary. Our Quality Assurance Program complies with many ISO standards.

SHIPPING POLICY

We provide the fastest, most affordable shipping options available. We make every effort to ship all orders of in-stock items within 48 hours of the order being processed. Orders are not processed during weekends and holidays. International orders containing an out-of-stock item will be held until the complete shipment can be fulfilled. International orders may be subject to additional duties and taxes not included in the transit costs. We utilize FedEx and UPS to ship domestic orders. All international orders are shipped via FedEx, UPS, DHL and USPS. Domestic and International shipping rates can be viewed in the checkout screen prior to completing the order process. All rates include insurance, residential & extended area charges if applicable. All delivery methods will be delivered by 3 p.m. to most commercial U.S. addresses; by 4:30 p.m. to rural areas; and by 8 p.m. to residential addresses. Please contact a CERAKOTE® representative for details at 866-774-7628.

CREDIT CARD PROCESSING

CERAKOTE® websites and platforms are PCI DSS Complaint. We utilize a Payment Card Industry Data Security Standard compliant host to ensure we offer the most secure credit card processing available.

PRIVACY STATEMENT

Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. The information we collect:

  • Name
  • Address
  • Email Address
  • Phone Number
  • Credit/Debit Card Information

On some pages, you can submit information about other people. For example, if you order product online and want it sent to another business, you will need to submit the recipient's address. In this circumstance, the types of personal information collected are:

  • Name
  • Email
  • Phone Number

Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully.

THE WAY WE USE INFORMATION

We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.

You can register with our website if you would like to receive offers, news and updates on our products and services. Information you submit on our website may be used to inform you of new products and services from time to time.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

To find out more about Privacy, please read our Privacy Policy.

OUR COMMITMENT TO DATA SECURITY

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

GALLERY PROJECT SUBMISSIONS

We not use or distribute your information with 3rd parties outside of our and website and social networks. Your submitted information and media are used to showcase our products on real world applications. We reserve the right to use, edit or modify any picture or text that is submitted, and we ask that your submissions adhere to the following guidelines.

  • Keep It Clean- We will deny any images, material, or media that, in our discretion and sole opinion, is vulgar, pornographic, obscene, profane, illegal, offensive, insulting, objectionable or those containing other content that is not appropriate. No images may contain alcohol or anyone under the age of 18.
  • Original- We will deny any images from other sources. No images that infringe on any copyright, trademark, or other legal property right.
  • Be Seen- Images should focus on the coated object highlighting the creativity/skill level of the application and the uniqueness of the project. Images should not be blurry, dark, in poor composition or otherwise difficult to view. And please no fingers, feet, hands or faces in frame.

All submissions are human reviewed, and we do not approve all submissions. To ensure that your submission is approved, please take a few minutes to browse our gallery to use as a baseline reference before submitting your media.

HOW TO CONTACT US

Should you have other questions or concerns about these policies, please call us at 866-774-7628 or send us an email at info@cerakoteceramics.com.

NIC Industries, Inc. is located at:

7050 Sixth Street, White City

Oregon 97503 - United States