Applicator Hangout is an online community for professional and DIY Cerakote applicators. If you are planning to join Applicator Hangout, (“the Membership”) then you must read these terms and conditions in full prior to purchasing.
- Membership Terms & Conditions (Terms): Key Details
These Terms cannot be varied and in proceeding to purchase the Membership you will be deemed to have accepted these Terms. The Terms set out below apply to services offered by Branson Cerakote LLC. Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which Branson Cerakote LLC, (“we”, “our”, or “us”) provide services to you, as purchaser of the Membership. These Terms are subject to any rights you have under consumer law to which we are bound and which cannot be waived by contract.
Please be aware that we may update these Terms at any time. Your continued use of the Membership indicates your acceptance of the terms and agreement to any changes.
- Membership Online
Applicator Hangout is a membership platform for professional and DIY Cerakote applicators. This membership offers exclusive access to community forums, professional videos, podcasts and more to help you learn more about Cerakote and the application process. The Membership is an ongoing commitment where you can get regular support and guidance.
This membership is suitable for those who are over the age of 18.
- Rules of Conduct
While using the Membership, you must comply with all applicable laws including: you must have your own Applicator Hangout account and select a unique username and password, you may not share your Applicator Hangout account password with anyone else, you may not permit a child under the age of 18 to publish information or post content through your Applicator Hangout account, you must provide valid and complete contact information, including a valid email address, you may not select a username that is hateful, obscene, or otherwise inappropriate, as determined by us, you must never misrepresent your identity, either to us or to other users. You must not interfere or attempt to interfere with the Services, including: using any software program, virus or routine to block, obscure, or modify any of our content or web pages, or to destroy another person’s software, hardware, or telecommunications equipment.
Your interactions with organizations and/or individuals found on or through the Membership, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. All sales must abide by current state and federal laws. You agree that the Membership shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the Membership is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the Membership, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. As with the purchase of a product or service through any medium or environment, you should use your best judgement and exercise caution where appropriate.
It is always requested that your behavior towards others is polite and respectful. Bullying, name calling, etc. will not be tolerated. Should your behavior be deemed offensive or inappropriate we reserve the right to remove you from the Membership with immediate effect.
Each person is responsible for their own behavior, and we will not be held responsible for the behavior or actions of any other Members.
You need to be 18 years of age or older to browse the Membership. When browsing the Membership, you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of the Membership whether or not you are a member.
Your responsibility: You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your membership is not transferrable. You are responsible for any use of the Membership that occurs in conjunction with your username and password, so keep your password secure and don’t let any other person use your username or password. If you realize there’s an unauthorized use of your password or any breach of security, you need to let us know immediately.
- Third-Party Websites and Content
- Community Guidelines
While using the Membership, you may not: Post or share any content that is illegal, threatening, harmful, abusive or otherwise objectionable, including content or communications that are degrading, defamatory, vulgar, hateful, libelous, fraudulent, obscene, pornographic, sexually explicit, sexist, racist, or invasive of another’s privacy; stalk, harass, threaten or verbally attack any user or Applicator Hangout employee, or abuse the Membership’s resources, such as misusing the Membership employee’s time; post any information or communication that you know is false or misleading, including impersonating any person, misrepresenting your affiliation with any person or entity (including the Membership), falsely claiming an endorsement that you do not have, or misrepresenting that you are an employee or representative of the Membership or its family of companies; post or share content containing any person’s personal, proprietary, or confidential information such as photos of proprietary projects, sensitive financial information, or a person’s address, phone number, or email address without their permission.
- Membership Fees and Payment Terms
The cost of the Membership is set at the time you subscribe and is exclusive of taxes. On subscription you will agree to monthly payments or yearly payments depending on which payment option you choose to register via PayPal or Stripe.
The Membership is an ongoing monthly or yearly subscription. For monthly subscriptions the payment will be taken on the same day each month.
We reserve the right to change the content and delivery of the services within the membership and the associated price point at any time. Your subscription rate will not change even if prices should increase; however, if you cancel your subscription and join at a later date, you will be rejoined at the current subscription price.
- Refunds and Cancellation
It is our aim that you will be satisfied with the Membership and feel supported, gain knowledge, and make business contacts. However, we appreciate that there may come a time when you wish to leave the Membership.
As you have instant access to the Membership resources, you will not be entitled to a refund of your subscription fees should you join at the monthly level and then wish to leave. For the annual membership, you have 14 days from the date of sign up to request cancellation of your subscription in order to receive a refund. Please consider the detail of the Membership carefully before purchasing and get in touch to ask any questions about suitability.
Should you wish to cancel your Membership, it may take up to 7-days to process the cancellation. This can be done by logging into your account profile and completing the request to cancel your account. If you decide to cancel your membership, your membership access will end on the last day of your payment cycle.
We reserve all rights to cancel the program for any reason without prior notice. In such circumstances a refund will be provided for the remainder of that month or year as applicable.
Notwithstanding any right or remedy available to us, we may cancel your Membership with immediate effect:
- If you fail to pay your Membership fees by the relevant due date.
- If you commit a repudiatory breach of the Terms of this agreement.
- Poor conduct is given one warning; if the online behavior is repeated, the account will be automatically terminated. Members who violate copyright laws and protections or sell unauthorized items will have their membership terminated. Membership is a benefit of belonging to a community who follow our reasonable rules and treat other members well.
- As decided at our sole discretion from time to time.
Throughout the Membership we will be available by email: [email protected] and phone 417.544.0741. Our response time is 24-48 business hours. We are available Monday-Friday 9Am-5PM, hours may change during holidays.
We make no guarantees or claims as to the success of any member. Each individual is unique and their abilities are unique to them. The aim is that you will have access to resources to assist you in your Cerakote journey.
All resources provided will be general information and guidance. We are not responsible for any action or inaction which you take as a result of the information within the Membership. We are not responsible for any loss of opportunity or any investments which you make.
We ask that all members in the Membership respect the rights of others in respect of their behavior and privacy. We will not be responsible for the action of any members including any disclosures by any members based on information which has been shared within the Membership.
- Limitation of Liability and Indemnification
To the fullest extent permitted by applicable laws, we limit liability and responsibility for any harm resulting from your use of all or any part of the Membership. We shall not be liable to you for any damages, including lost profits, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised in advance of the possibility of such damages).
If we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Membership, our liability shall in no event exceed the total of any fees with respect to the Membership received by us from you, during the 6 months preceding the date on which the claim arose.
Nothing in these Terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence, or any other liability which cannot be limited or excluded by law.
You agree to indemnify, defend and hold us, our subcontractors and employees, harmless from any claim or demand, including solicitors’ fees, made by a third party due to or arising out of your breach of these terms, or your violation of any law or the rights of a third party.
- Privacy and Confidentiality
Your privacy and protection of your personal data is important to us. You are responsible for ensuring that your contact details are accurate and up-to-date at the time of registration and on an on-going basis thereafter.
During the course of the Membership, you may have access to confidential information, in particular the personal affairs of other members. In accepting, these Terms, you agree that you will not use or disclose to any person, organization, or company, including Applicator Hangout, and shall use your best endeavors to prevent the publication of, any confidential information relating to any other member or Applicator Hangout.
You accept that any unauthorized disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the Membership. Should you decide to leave the Membership then you remain bound by the confidentiality and privacy obligations.
Your log-in details must remain confidential, and you must not disclose this information to a third party, without our express permission in writing. If you know, or suspect, that your log-in details have been obtained by a third party, you agree to change your password immediately, and provide notification of the same as soon as possible to [email protected].
- Intellectual Property
At all times the intellectual property rights and copyrights connected with those materials within Applicator Hangout remain with us or the member with whom developed the intellectual property. You have the right to use the materials as learning tools, but you are not permitted to duplicate, republish, reproduce, distribute, translate, or provide copies to third parties. We retain and reserve all of our copyrights.
While using the Membership, you may not: post or share content that is protected by copyright or trademark, or that does not belong to you, including pictures and historical documents posted by other users, unless you have express permission from the owner of the copyright or trademark for such content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Membership (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You herby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
- Gallery Project Submissions
The Membership reserves 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 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 will be accepted. 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. All submissions are human reviewed, and we do not approve all submissions. We strongly recommend that you watermark your pictures.
- Spam is not allowed
You may not use the Membership account to post or make available any advertising, promotional materials, junk mail, spam, chain letters, or any other forms of solicitation. You may not use the Member Directory as a means of farming email addresses to the same purposes aforementioned.
We allow advertisers to display their advertisements and other information in certain areas of the Membership site. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Membership site and any services provided on the Membership site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Membership site, including but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
- Force Majeure
Where either party is prevented from or delayed in carrying out its obligations under these Terms, due to circumstances beyond their reasonable control including, but not limited to, acts of God, or governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, pandemic/epidemic, lock-outs, strikes or other employment disputes, performance of their obligations shall be postponed until these circumstances end.
In the event that we fail to insist upon your strict performance of any obligations under these Terms, or we fail to exercise any rights or remedies to which we are entitled, this will not constitute a waiver of any such rights and/or remedies available to us.
- Errors and Inaccuracies
There may be information within our Site or the Membership which contains typographical errors, inaccuracies or omissions relating to the service delivery, pricing, or promotion of the Membership. We reserve the right to correct or amend any errors without prior notice.
These Terms are governed by the laws of the United States of America. American Courts have exclusive jurisdiction over any matter and proceedings arising out of the Membership.
It is our aim that you are satisfied with the Membership. Should you have any feedback please feel free to share it with us, as we are always striving to ensure that we provide you with the highest level of service. If you have a complaint about the Membership this should be made in writing to Kristy Urich, John Siegert, or Laura Siegert at [email protected].
We intend to rely on written Terms set out in Terms and Conditions for the services that we provide to you in delivery of the Membership. These written Terms shall constitute the entire agreement between us.
Should there be any conflict between these Terms and any Membership hosting platform or payment gateway, these Terms shall prevail.
If any provision within these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of your service. Any changes will be notified to you as soon as possible.