Terms of Service

Last updated: June 14, 2024

 

Introduction and Acceptance

The following are terms of a legal agreement between you and iON United Inc. (“iON”). Your access to and use of this Site are subject to your compliance with all applicable laws and the following terms and conditions. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms of Service (“Terms”). If you are using this Site on behalf of your employer, you represent that you are authorized to accept these terms on your employer’s behalf.

 

User Responsibilities and Conduct

Users must use the Site responsibly and in compliance with all applicable laws. Any unauthorized use of the Site or its Content is prohibited. Users agree not to engage in any activity that could harm or disrupt the Site, including but not limited to hacking, spamming, or distributing malware. You are responsible for monitoring and restricting access to this Site in compliance with these terms. You shall not knowingly allow any unauthorized person or entity to use any login credentials and shall promptly notify iON of any unauthorized use or attempts of use.

 

Intellectual Property Rights

The copyright and other proprietary rights in all information, data, text, software, music, audio, photographs, graphics, video, messages, software, or other materials (“Content”) contained on this Site are owned iON or others. iON authorizes you to download, copy, display, and distribute the Content contained on this Site, provided that such use is for non-commercial, internal use only by you or within your organization. In consideration of this authorization, you agree that any Content, including copies, obtained from this Site shall retain all copyright and other proprietary notices contained therein, and you agree that all artwork, including graphics and logos, shall not be used separately from accompanying text as depicted on this Site. Any other use of Content contained on this Site, including without limitation, reproduction, distribution, modification, adaptation, or republication, without the written permission of iON, is expressly prohibited. Unauthorized use of documents, images, software, and other proprietary material may violate copyright, trademark, privacy, right to publicity, export, and communications laws and regulations.

 

Trademarks

The trademarks, service marks, and logos displayed on this Site are registered and common-law trademarks of iON and others. No license or right to use any trademark contained on this Site is granted, whether by implication, estoppel, or otherwise, and any use of any trademark contained on this Site is expressly prohibited unless authorized in writing by iON or such other third-party trademark holder. Any inquiries regarding these trademarks or whether any other name or logo is a trademark of iON should be directed to iON.

 

Links to Other Websites

Links to other websites contained in this Site are intended only for informational purposes. Neither iON nor this Site is sponsored or affiliated with any particular linked entity unless expressly stated; the existence of any particular link is intended only to imply potential interest to visitors of this Site. These linked sites are not controlled by iON; iON may not have reviewed any or all of the linked sites, and iON MAKES NO REPRESENTATIONS OR WARRANTIES AND ASSUMES NO RESPONSIBILITY WHATSOEVER REGARDING ANY OTHER WEBSITE THAT YOU MAY ACCESS THROUGH THIS SITE.

 

Disclaimers

THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL iON OR ITS SUPPLIERS BE LIABLE TO ANY PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF OR DAMAGE TO PROPERTY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), CLAIMS OF THIRD PARTIES, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER ARISING AS A CONTRACT, NEGLIGENCE, OR TORT ACTION, IN CONNECTION WITH USE OF THIS SITE, EVEN IF iON OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN OR PROVIDED OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, iON DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, iON DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. iON HAS THE RIGHT TO MAKE CHANGES AND UPDATES TO ANY INFORMATION AVAILABLE THROUGH THE SITE WITHOUT PRIOR NOTICE.

 

Limitation of Liability

IN NO EVENT SHALL iON OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF iON OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, CONTENT, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE OR THE INTERNET GENERALLY.

Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you. In such jurisdictions, iON’s liability is limited to the greatest extent permitted by law. By accessing this Site, you agree to indemnify and hold iON its parents, subsidiaries, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of these terms and conditions, or your infringement of any intellectual property or other right of any person or entity.

 

User-Generated Content

Any communication or materials you post to this Site will be treated as non-confidential and non-proprietary and may be disseminated or used by iON or its affiliates for any purpose whatsoever, including developing, manufacturing, or marketing products or services. If you send any proprietary information or material to this Site, you hereby grant to iON an unrestricted, irrevocable license to use, reproduce, disclose, modify, transmit, publish, broadcast, and post the information received from you. Notwithstanding the foregoing, all personal data (such as your name, address, telephone number, or email address) which you transmit to this Site by electronic mail or otherwise, will be handled in accordance with iON’s Privacy Policy. You are prohibited from posting any unlawful, libelous, defamatory, inflammatory, threatening, pornographic, profane, scandalous, or other material that may give rise to civil or criminal liability or otherwise violate any applicable law.

 

Monitoring and Conduct

Although iON may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, iON is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. iON will fully cooperate with any law enforcement authorities or court order requesting or directing iON to disclose the identity of anyone posting any such information or materials.

 

Services and Products

All services and products sold by iON are provided exclusively under written contracts with a customer. These documents detail the specific terms, conditions, and obligations for the provision of our services and products. By accessing or using this Site, you acknowledge that any purchase will be governed by the terms of the applicable written contract, which shall take precedence over these general Terms in the event of any conflict.

 

Privacy Policy

Your privacy is important to us. Please review our Privacy Policy which also governs your use of the Site and informs you about our data collection practices. By using this Site, you agree to the terms of our Privacy Policy.

 

Modifications to Terms

iON may at any time revise these Terms by updating this posting. Your continued use of this Site is contingent upon your agreement to be bound by any such revisions, and you should therefore periodically visit this page to review the then-current Terms.

 

Registered Account Termination

If you have registered for an account through this Site, iON may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

If you no longer wish to have a registered account, you may terminate your account by contacting your iON Client Operations Specialist. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using this Site. Continued use of the Site indicates your continued acceptance of these terms and conditions.

If, for any reason, iON believes that you have not complied with these terms and conditions, iON may, at its sole discretion, cancel your access to the registration areas of the Site immediately and without prior notice. iON may also terminate your registered account, at its sole discretion, by emailing you at the address you have registered stating that the Agreement is terminated.

 

Governing Law and Jurisdiction

These Terms shall be governed by and defined in accordance with the laws of Alberta, Canada. Any disputes arising out of or relating to the use of this Site shall be resolved in the courts of Alberta, Canada.

 

Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and iON. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

 

Contact Us

If you have any questions about the Terms of Service, please contact us.