This website, www.ionlabs.com (the “Site”), is owned and operated by Ion Labs, Inc. and is being made available to you free-of-charge. The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting, or using the Site. The terms “Ion Labs”, “we”, “us”, and “our” refer to Ion Labs, Inc. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing, and using the Site. By accessing, viewing, browsing, or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation, or religion.
Please review our Privacy and Security Policy, which also governs your visit to the Site. To the extent there is a conflict between the terms of the Privacy and Security Policy and these Terms and Conditions, these Terms and Conditions shall govern.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases, and/or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Intellectual Property Infringement
We may rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Site;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to us in writing to Ion Labs, Inc., 8031 114 Ave, Suite 4000, Largo, Florida 33773.
Ion Labs and other marks which may or may not be designated on the Site by a ®, ™, ℠ or other similar designation, are registered, pending or unregistered trademarks or service marks of Ion Labs, Inc. in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Ion Labs, Inc. Our trademarks and trade dress may not be used in connection with any product or service that is not Ion Labs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ion Labs. All other trademarks not owned by us that may appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ion Labs.
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ion Labs without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through the Site and for restricting access to your computer.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site are independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
Disclaimers and Limitations of Liability
The Site is provided on an “AS IS,” “as available” basis. We do not warrant that the use of the Site will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, Ion Labs makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. Ion Labs specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability, or warranties of fitness for a particular purpose. No oral advice or written information given by Ion Labs shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting, or use of the Site is at your sole risk.
Under no circumstances shall Ion Labs be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs, or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Ion Labs has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, products, and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer for details.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an online chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Ion Labs, our users, and customers.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, the Site’s users, our customers, or any rights of Ion Labs, or any third party. Notwithstanding the foregoing, Ion Labs is unable to ensure prompt removal of questionable Content after online posting. Accordingly, Ion Labs assumes absolutely no liability for any action or inaction with respect to conduct, communication, or Content on the Site.
Social Media Policy
When you post or upload any content to any Ion Labs’ social media page, you agree that Ion Labs can use that content, including any names, voices, images and performances that content contains, for any purpose. By posting or uploading the content on an Ion Labs’ page, you grant Ion Labs a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sublicenseable and transferable worldwide license in any and all media to use, modify, and create derivative works based upon that content for any purpose, including advertising and promotion, without notice, attribution, or payment. You certify that you are the original author or creator of your content, and that you have the right to post it. You also certify that you have permission from anyone depicted in a photograph you post to agree to these terms, and that Ion Labs’ use of your content in accordance with this license will not violate or infringe upon anyone else’s rights. Ion Labs does not tolerate misleading/inaccurate content and/or content containing racial, ethnic, sexual, religious or physical disability slurs. Accordingly, we reserve the right to edit and/or delete such content.
Termination of Usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
Usage by Minors
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting, or using the Site, we must rely on parents, guardians, and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By using the Site or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) and that any information you provide to us is not inaccurate, deceptive, or misleading.
Ion Labs Disclaimer
Our products and any structure or function statements made have not been evaluated by the US Food and Drug Administration (FDA) or any international health organization and are not intended to diagnose, treat, cure, or prevent any condition, disorder, disease, or physical or mental conditions and should not be used as a substitute for a physician’s advice.
If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of Florida, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Ion Labs. If you access the Site from anywhere other than the United States or Canada, you agree that United States of America law will govern these Terms and Conditions and the purchase of products by you through the Site and that any dispute of any sort that might arise between you and Ion Labs or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of the United States of America.
If you access the Site from within the United States or Canada, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices, or to products you purchase through the Site shall be submitted to confidential arbitration in Pinellas County, Florida, USA, except that, to the extent you have in any manner violated or threatened to violate Ion Labs’ intellectual property rights, Ion Labs may seek injunctive or other appropriate relief in any state or federal court and you consent to exclusive jurisdiction and venue in such courts. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Site Policies, Modification, & Severability
Please review our other policies, such as our Privacy and Security Policy, all of which are incorporated herein by this reference and are posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
Availability of Products
Availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. The Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on the Site may no longer be available.
Please note that your order may be subject to import duties, taxes, tariffs, customs charges, VAT and the like once your package reaches your country. These fees are not included in your billed shipping cost. Any and all import taxes and customs duties are the responsibility of the customer. Duties and taxes levied by the host country are beyond our control and scope. We urge our customers to check with the local authorities to see what kind of import duties are levied by the country they reside in.
Shipping charges will not be refunded for any shipment refused by international customers for tax liability. If packages need to be reshipped, additional shipping costs will also apply. Products refused by customers for tax liability and returned to our facility will be subject to a 15% restocking fee.
It is the customer’s responsibility to know the laws in his or her country/jurisdiction prior to purchasing our products. Any fees resulting from the blockage of products into a country are the sole responsibility of the customer. No products will knowingly be shipped or transferred to a person in any jurisdiction where it is unlawful to receive or possess such products. Shipping charges will not be refunded for any shipments refused by customs for failure to comply with local laws. Products refused by customs or customers for failure to meet local laws will be subject to a 15% restocking fee.
Risk of Loss
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
If applicable, pricing of products available for purchase by non-U.S. customers may vary by country and from our prices for our U.S. customers, owing to the inclusion of all or a portion of shipping, taxes, duties, and imports factored into the price of the product.
Disclaimers of Warranty & Limitations of Liability
We warrant to you that any product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will conform with description or sample. Ion Labs cannot guarantee that there will not be slight variances in color or shade of product. Ion Labs hereby disclaims all express and implied warranties, including, without limitation, implied warranties of merchantability and fitness for particular purpose. All such warranties are hereby disclaimed and excluded from any and all transactions between you and Ion Labs and shall not apply to products sold by Ion Labs.
Our liability for losses suffered as a result of us breaking these Terms and Conditions or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased.
Questions About These Terms & Conditions
If you have a question about the Site, or about the Terms & Conditions Policy, please contact us at 727-527-1072.
These Terms and Conditions were last revised and made effective as of May 7, 2018.