Terms of Use

Gemini Coatings Terms of Use

Gemini Industries, Inc., (“Gemini”) provides this website, its features, and services (collectively the “Service”) subject to the following conditions (“Terms”) which constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Gemini.  The Terms apply to you and all visitors, Users, and others who access the Service (“Users”).  By clicking the “I Agree” button or accessing or using any part of the website or  Service, you signify that you have read, understood and accept the Terms and any policies, notices or other provisions incorporated by reference.  Gemini reserves the right to amend the Terms at any time without notice and such changes are effective immediately upon posting.  Please review the Terms frequently for changes because your continued use of the Service constitutes acceptance of any new Terms.  If you do not agree to the Terms or any subsequent modification, do not access or use the Service. 

Please note the Terms are written in English and to the extent any translated version of the Terms conflicts with the English version, the English version controls. 

Use of Services

Gemini offers a collection of online resources including news, ads, forums, downloads, videos, various e-mail services, and a place to connect with a community of common interest.  Use of the Service is permitted solely to Users who are eighteen (18) years or older.  Users under 18 may only use the Service with the involvement of a parent or guardian. 

The Service is controlled and operated from its facilities in the United States.  Gemini makes no representations that the Service is appropriate or available for use in other locations.  Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.  You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.  Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

Some features of the Service require registering an “Account.”  Your Account gives you access to the services and functionality that we may establish and maintain from time to time at our sole discretion.  You may never use another User’s Account without permission.  When creating your Account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure.  You must notify Gemini immediately of any breach of security or unauthorized use of your Account.  Gemini will not be liable for any losses caused by any unauthorized use of your Account.

By providing Gemini your e-mail address you consent to our using the e-mail address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.  We may also use your e-mail address to send you other messages including changes to features of the Service and special offers.  If you do not want to receive such email messages, you may opt out.  Opting out may prevent you from receiving e-mail messages regarding updates, improvements or offers.

Subject to the Terms, Gemini grants you a limited, revocable, nonexclusive personal right to access the Service.  Gemini grants you a limited, revocable, and nonexclusive right to create a hyperlink to the Service so long as the link does not portray Gemini its products or services in a false, misleading, derogatory or otherwise offensive manner.  Gemini reserves all rights not expressly granted herein.  Gemini may terminate this license at any time for any reason or no reason.

You agree not to engage in any of the following prohibited activities:

1. copying, distributing, or disclosing any part of the Service in any medium (other than page caching) without express written permission;
2. using a third-party agent, service, or intermediary that offers to post to the Service on behalf of others;
3. transmitting spam, chain letters, or other unsolicited email;
4. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
5. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
6. uploading invalid data, viruses, worms, or other software agents through the Service;
7. collecting or harvesting any personally identifiable information, including account names, from the Service;
8. using the Service for any commercial solicitation purposes in areas which are not designated for such purposes;
9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
10. interfering with the proper working of the Service; or,
11. bypassing the measures we may use to prevent or restrict access to the Service.

Gemini may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Gemini’s sole determination you violate any provision of the Terms, or for no reason.  Upon termination for any reason or no reason, you continue to be bound by the Terms.

All aspects of the Service are subject to change or elimination at Gemini’s sole discretion.  Gemini reserves the right to interrupt the Service with or without prior notice for any reason or no reason.  You agree that Gemini will not be liable to you for any interruption of the Service, delay or failure to perform.

You are solely responsible for your interactions with all other Users who access the Service.  We reserve the right, but have no obligation, to monitor disputes between you and other Users.  Gemini shall have no liability for your interactions with other Users, or for any User’s action or inaction.

User Content and Conduct

Some areas of the Service may allow Users to post comments, questions, feedback, images, videos, and other information (“User Content”).  You are solely responsible for User Content that you upload, publish, display, e-mail, link to or otherwise make available (“post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution, publication, and/or storage of your User Content.

You agree not to post User Content that:

1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person;
2. may create a risk of any other loss or damage to any person or property;
3. seeks to harm or exploit children in anyway;
4. may constitute or contribute to a crime or tort;
5. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
6. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
7. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
8. is obscene or pornographic in nature; 
9. that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
10. that includes personal or identifying information about another person without the permission of the other person(s);
11. that is false, deceptive, misleading, deceitful, or constitutes bait and switch; or
12. that constitutes or contains affiliate marketing, link referral code, junk mail, spam, chain letters or unsolicited commercial advertisement.  

You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, misleading, or objectionable, and you agree that Gemini shall not be liable for any damages you allege to incur as a result of such User Content.  You agree that you must evaluate and bear all risks associated with the use of any User Content, that you may not rely on said User Content, and that under no circumstances will Gemini be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, e-mailed or otherwise made available via the Service.  Gemini is not responsible for any public display or misuse of your User Content.  You acknowledge that Gemini does not pre-screen or approve User Content, but that Gemini shall have the right but not the obligation in its sole discretion to refuse, delete, or move any User Content that is available via the Service for any reason. 

By posting any User Content on the Service, you waive all moral rights in the User Content and you expressly grant, and you represent and warrant that you have a right to grant, to Gemini, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

Gemini Content

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music(the “Gemini Content”), and all intellectual property rights related thereto, are the exclusive property of Gemini and its licensors.  Except as explicitly provided herein, nothing in the Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service, except those materials expressly made available to you on Gemini’s website for your unlicensed use.  Use of the Gemini Content or materials on the Service for any purpose not expressly permitted is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”).  By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Gemini under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation or attribution to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.  You agree not to submit an Idea that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You further acknowledge that, by acceptance of your submission, Gemini does not waive any rights to use similar or related ideas previously known to Gemini, or developed by its employees, or obtained from sources other than you.

Products from Gemini

Gemini attempts to be as accurate as possible in product descriptions.  However, Gemini does not warrant that product descriptions or other content of the Service is accurate, complete, reliable, current or error-free.  If a product offered by Gemini is not as described, your sole remedy is to return it in unused condition.  Please review our Return Policy for more information.

Please note that Gemini cannot confirm the price of an item until you order.

The risk of loss and title for purchased items pass to you upon delivery to the carrier.  Please review our Shipping Policy for more information.

Privacy and Security

Please review our Privacy Notice, which also governs your use of our Services.  Your use of the Service constitutes acceptance of the Privacy Notice and you further acknowledge and agree that Gemini may in its sole discretion preserve or disclose your User Content as well as your personal information if required to do so by law or in the good faith belief that such action is reasonably necessary to: enforce the Terms, comply with the legal process, respond to claims, and/or protect the rights, property, or personal safety of Gemini, its Users, or the general public.

Notice of Claims of Copyright Infringement

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Gemini’s copyright agent.  As set forth in the Digital Millennium Copyright Act (“DMCA”), you must provide the following information in writing: (i) identification of the material that is claimed to be infringing and where it is located on the Service; (ii) identification of the copyrighted work that you claim has been infringed; (iii) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; (iv) a statement declaring under penalty of perjury that that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; (v) information reasonably sufficient to permit Gemini to contact you, such as your address, telephone number, and, e-mail address; and (vi) your physical or electronic signature.  The information must be submitted to the Gemini’s DMCA Agent:

Attn: Marketing Department
Gemini Industries, Inc.
Address: 421 S.E. 27^th Street
El Reno, OK 73036
Fax: (405) 262-9310

Third-Party Websites and Services

The Service may contain links to co-branded and/or third-party websites and services that are independent from Gemini and the Service.  Gemini has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party/co-branded websites or services nor makes any representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  If you access a third-party/co-branded website from the Service, you do so at your own risk, and you understand that the Terms and the Privacy Notice do not apply to your use of such sites.  You expressly relieve Gemini from any and all liability arising from your use of any third-party/co-branded website or services or third-party/co-branded owned content.  Gemini encourages you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Additionally, your dealings with or participation with organizations and/or individuals found on or through the Service, 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.  You agree that Gemini shall not be responsible for any loss or damage of any sort relating to any such dealings.  If there is a dispute between Users, or between Users and any third-party, you understand and agree that Gemini is under no obligation to become involved.  In the event that you have a dispute with one or more other Users, you hereby release Gemini, 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 the Service.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” 

Indemnity

You agree to defend, indemnify and hold harmless Gemini, its parent and affiliates, agents, managers, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of  the Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  USE OF THE SERVICE IS AT YOUR OWN RISK.  THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, GEMINI, ITS PARENT, SUBSIDIARIES, AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR THE SECURITY, TIMELINESS, ACCURACY, RELIABILITY, AND PERFORMANCE OF THE SERVICE AND CONTENT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE OR ANY CONTENT ACCESSIBLE FROM THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

GEMINI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GEMINI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GEMINI, ITS PARENT AND AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR THROUGH ANY LINKS.  UNDER NO CIRCUMSTANCES WILL GEMINI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GEMINI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL GEMINI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO GEMINI HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GEMINI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

General

Governing Law.  You agree that: (i) the Service shall be deemed solely based in Oklahoma; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Gemini, either specific or general, in jurisdictions other than Oklahoma.  The Terms shall be governed by the internal substantive laws of the State of Oklahoma, without respect to its conflict of laws principles.  Any claim or dispute between you and Gemini that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Oklahoma City, Oklahoma.

Notification Procedures.  Gemini may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Gemini in our sole discretion.  Gemini reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in the Terms and in the Privacy Notice.

Entire Agreement/Severability.  The Terms, together with any other legal notices and agreements published by Gemini via the Service, shall constitute the entire agreement between you and Gemini concerning the Service.  If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No Waiver.  No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and Gemini’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.