Agreement between User and I-ON Digital Corp
Welcome to I-ON Digital Corp. The I-ON Digital Corp website (“iondigitalcorp.com” and the “Site”) is comprised of various web pages operated by I-ON Digital Corp. (“ION Digital”). It is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
Your use of iondigitalcorp.com constitutes your agreement to all such Terms. Therefore, please read these terms carefully, and keep a copy of them for your reference.
I-ON Digital Corp is a promotional website to offer provide detailed information about ION Digitals’ world-class, secure and innovative digitization and securitization solutions for a wide range of assets.
Privacy
Your use of iondigitalcorp.com is subject to ION Digital’s Privacy Policy. Please review our Privacy Policy, which governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting iondigitalcorp.com or sending emails to ION Digital constitutes electronic communications. Therefore, you consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
ION Digital does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use iondigitalcorp.com only with the permission of a parent or guardian.
Links to Third-Party Sites/Third-Party Services
iondigitalcorp.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ION Digital, and ION Digital is not responsible for the contents of any Linked Site, including any link contained in a Linked Site or any changes or updates to a Linked Site. ION Digital is providing these links to you only as a convenience, and including any link does not imply endorsement by ION Digital of the site or any association with its operators.
Certain services made available via iondigitalcorp.com are delivered by third party sites and organizations. Therefore, by using any product, service, or functionality originating from the I-ON Digital Corp domain, you at this moment acknowledge and consent that ION Digital may share such information and data with any third party with whom ION Digital has a contractual relationship to provide the requested product service, or functionality on behalf of I-ON Digital users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use iondigitalcorp.com strictly by these terms of use. As a condition of your use of the Site, you warrant to ION Digital that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ION Digital or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions in any such content and will not change it.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any of the content, in whole or in part, found on the Site. ION Digital content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of ION Digital and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ION Digital or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated, and administered by ION Digital from our offices within the USA. If you access the Service from outside the USA, you are responsible for compliance with all local laws. Therefore, you agree that you will not use the ION Digital Content accessed through iondigitalcorp.com in any country or manner prohibited by applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless ION Digital, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your breach of any rights of a third party, or your violation of any applicable laws, rules or regulations. ION Digital reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with ION Digital in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. Suppose any legal or equitable action, proceeding, or arbitration arises from or concerns these Terms and Conditions. In that case, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims concerning these Terms and Conditions or any disputes arising from these Terms and Conditions, whether directly or indirectly, including Tort claims resulting from these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. Accordingly, the Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will occur individually; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless you and ION Digital agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AMERICAN ALLERGY SERVICES, INC. AND SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES TO THE SITE.
AMERICAN ALLERGY SERVICES, INC. AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AMERICAN ALLERGY SERVICES, INC. AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS ABOUT THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMERICAN ALLERGY SERVICES, INC. AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMERICAN ALLERGY SERVICES, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
ION Digital reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina. You now consent to the exclusive jurisdiction and venue of courts in South Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ION Digital due to this agreement or use of the Site. ION Digital’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of ION Digital’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ION Digital concerning such use. If any part of this agreement is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ION Digital concerning the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and ION Digital concerning the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
ION Digital reserves the right, in its sole discretion, to change the Terms under which iondigitalcorp.com is offered. The most current version of the Terms will supersede all previous understandings. Therefore, ION Digital encourages you to review the Terms periodically to stay informed of our updates.
Contact Us
ION Digital welcomes your questions or comments regarding the Terms:
I-ON Digital Corp.
1244 N. Stone St. Unit #3
Chicago, IL 60610
Email Address:
info@iondigital.com
Telephone number:
(866 440-2278) 861-1643
Effective as of January 01, 2023