PLEASE READ. These Terms and Conditions of Use constitute an agreement ("Agreement") between you and Ion Development. This Agreement governs your use of and purchase of products from www.ion-development.com (this "Site"). In consideration of your use of this Site and Ion Development services ("Services"), and by accessing, browsing, or registering an account at this Site, you acknowledge that you have read, understand, and agree to be bound by the terms of this Agreement ("Terms"). If you do not agree to these Terms then please do not use this Site or Ion Development services.
Revisions. Because the Web is an evolving medium, Ion Development may need to alter or update these Terms. Ion Development, therefore, reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms at any time. It is solely your responsibility to review these Terms periodically for changes. By continuing to use this Site after revisions have been posted, you agree to be bound by any such changes. Ion Development bears no obligation to provide notice to you of any change to these Terms.
Registration; Customer Accounts; Use of Site. Certain services offered on or through this Site require you to register and obtain an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to immediately notify Ion Development of any unauthorized use of your account or password, or of any other breach of security; and you agree to ensure that you exit from your account at the end of each session. Ion Development cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You may be held liable for losses incurred by Ion Development or any other user of this Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to this Site. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for such purpose then your account will be terminated.
You agree to provide Ion Development with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information at any time.
You agree not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or any of the systems or networks comprising or connected to this Site.
You also agree that Ion Development may, in its sole discretion and without prior notice to you, terminate your access to this Site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to this Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Site content, (3) discontinuance or material modification of this Site or any service offered on or through this Site, (4) violations of these Terms, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT ION DEVELOPMENT WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THIS SITE.
Conditions of Sale and Payment Terms. You represent that you are (a) at least eighteen (18) years of age or the applicable age of majority in your state of residence, (b) a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"), and (c) the owner of any credit card you use to make purchases at this Site. Prior to the purchase of any goods or services on our Site, you must provide us with valid credit card information. You must include all associated payment information including all of the following when using a credit card: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Order information such as billing or shipping address that is inaccurate or incomplete may result in delays that shall not be the responsibility of Ion Development.
Risk of Loss. All items purchased from Ion Development are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Pricing and Taxes. Prices are subject to change without notice and do not include shipping and/or handling charges or applicable taxes. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Ion Development shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Ohio based on the county in which the order is purchased. Taxes will be applied to merchandise, shipping/handling charges and gift-wrap fees (where applicable). If you believe the tax rate applied to your purchase is incorrect, please notify us at customerservice@ion-development.com so that we may review and, if necessary, amend the tax rate for your order.
If you are making purchases for a tax-exempt organization, please contact us at customerservice@ion-development.com to place your order.
Product Descriptions. Ion Development attempts to be as accurate as possible in its descriptions of the products sold at this Site. However, Ion Development does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Ion Development is not as described, your sole remedy is to return it in unused condition.
Limitation of Liability. Under no circumstances, including, but not limited to, negligence, shall Ion Development, its owners, managers, officers or employees be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use Ion Development materials, products or services or third-party materials, products, or services made available through this Site even if Ion Development is notified in advance of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, the liability of Ion Development, its owners, officers or employees is limited to the fullest extent permitted by such state law.)
You acknowledge that some products available for purchase at this Site contain chemicals or other materials that may be harmful if misused or used without taking appropriate safety precautions. As a term of use of this Site, you agree to read and adhere to all warnings and precautions provided by product manufacturers on packaging or in instruction materials accompanying any product purchased or otherwise acquired from Ion Development.
You acknowledge and agree that Ion Development is not liable for any defamatory, offensive or illegal conduct of any user of this Site.
If you are dissatisfied with any Ion Development materials, products, or services, or with any of these Terms, you agree that your sole and exclusive remedy is to discontinue using this Site and your account.
You acknowledge and agree that the limitations of liability and limited remedies set forth herein represent an inseparable allocation of risk (including, without limitation, in the event of a total and fundamental breach of this Agreement) that is an essential basis of the bargain between the parties.
Indemnification. You agree to defend, indemnify and hold Ion Development harmless from and against any claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Site or your violation of any of these Terms.
Account Termination. Ion Development may cancel or terminate your account or your right to use this Site or any part of this Site at any time without notice. In the event of termination, you are no longer authorized to access your account, this Site or the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to the disclaimers and limitations of liabilities set forth in these Terms shall survive.
Intellectual Property. The ION DEVELOPMENT sm name, design, logo and related marks are trademarks/service marks of Ion Development. All rights reserved. This Site and all of its contents (articles, text, photographs, images, illustrations, graphics, video material, audio material, and software - collectively, the "intellectual property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by Ion Development or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Ion Development. Portions of the site may be printed for personal, non-commercial use. You may request permission to establish a hypertext link to this Site by contacting us at admin@ion-development.com
Customer Reviews. Ion Development reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Ion Development's sole discretion are objectionable or in violation of this Agreement.
General. No delay or failure to take action under this Agreement shall constitute any waiver by Ion Development of any provision of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Agreement will continue in full force and effect. This Agreement will bind and inure to the benefit of Ion Development's permitted successors and assigns. Any claim under this Agreement must be brought within one (1) year after the cause of action arises. This Agreement shall be governed by the laws of the State of Ohio without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Franklin County, in the State of Ohio. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. Ion Development may freely assign this Agreement without consent or notice. This Agreement constitutes the complete and exclusive agreement between Ion Development and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. |