TERMS & CONDITIONS

TERMS & CONDITIONS 2018-05-07T18:56:11+00:00

 

Introduction

This website, www.ionfulfillment.com (the “Site”), is owned and operated by Ion Fulfillment, LLC 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 Fulfillment”, “we”, “us”, and “our” refer to Ion Fulfillment, LLC. 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.

Discrimination

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation, or religion.

Privacy

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.

Copyright

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:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you believe has been infringed;
  3. A description of where the material that you claim is infringing is located or identified on the Site;
  4. Your name, address, telephone number, and e-mail address;
  5. 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
  6. 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 8031 114 Ave, Suite 4000, Largo, Florida 33773.

Trademarks

Ion Fulfillment 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 Fulfillment, LLC 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 Fulfillment, LLC. Our trademarks and trade dress may not be used in connection with any product or service that is not Ion Fulfillment, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ion Fulfillment. 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 Fulfillment.

Site Access

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 Fulfillment 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.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through the Site and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, and to remove or edit content submitted by you in the account area of the Site.

Export

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.

Links

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 Fulfillment makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. Ion Fulfillment 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 Fulfillment 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 Fulfillment 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 Fulfillment 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.

Online Conduct

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 Fulfillment, 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 Fulfillment, or any third party. Notwithstanding the foregoing, Ion Fulfillment is unable to ensure prompt removal of questionable Content after online posting. Accordingly, Ion Fulfillment 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 Fulfillment social media page, you agree that Ion Fulfillment can use that content, including any names, voices, images and performances that content contains, for any purpose. By posting or uploading the content on a Ion Fulfillment page, you grant Ion Fulfillment 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 Fulfillment’s use of your content in accordance with this license will not violate or infringe upon anyone else’s rights. Ion Fulfillment 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 registering with this Site, purchasing products from us, 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 Fulfillment 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.

Applicable Law

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 Fulfillment. 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 Fulfillment or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of the United States of America.

Disputes

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 Fulfillment’s intellectual property rights, Ion Fulfillment 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.

How to Order Through the Site

After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our inventory.

Order Change Policy

Once a packing slip is generated, your order has begun the shipment process of picking, packing, and staging. We will do our best to accommodate change requests, but we may be unable to fulfill requests once an order begins the shipment process. This policy is in place to ensure customers receive their orders as quickly as possible.

Return Policy

We have developed our product line with careful attention to excellence. While we are committed to quality, we are just as focused on customer service. We want you to be happy. If for any reason you are not completely satisfied, please return the unused portion within thirty (30) days of purchase and we will issue a full refund. Your only responsibility is to pay the shipping and handling costs.

Before you send any product back, we would truly appreciate your feedback. Please feel free to email us at info@ionfulfillment.com with any questions or concerns. We are in this business because we consider health and well-being to be of paramount importance. If we can resolve any issues or provide additional information about a product you have purchased, we would welcome the opportunity to do so.

If you do decide to send a product back, it can be mailed to:

Ion Fulfillment, LLC

8031 114 Ave, Suite 4000

Largo, Florida 33773

 

We recommend sending the package via UPS or a method that offers a tracking number on the shipment to ensure delivery. Upon receipt, we will process your refund request.

Pricing and Availability of Products

Prices and 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 be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a product’s correct price is higher than the price stated on the Site, we will normally contact you for instructions before dispatching the order.

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.

On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

Coupons and Promotions

Unless otherwise stated on the actual coupon or in the promotion, offers are limited to those individuals age 18 or older who legally reside in the USA. All offers are limited to stock on hand; no rain checks are available. Not valid on prior purchases, gift cards, gift certificates, taxes, or shipping and processing charges. Consumer must pay applicable sales tax and shipping fees. Offer may not be combined with any other sale, promotion, discount, code, coupon, or offer. Promotions have no cash value. Offer cannot be sold or otherwise bartered. Void where prohibited, taxed, or otherwise restricted. Returns of any portion of the purchase will require equal forfeiture of offer or amount equal to offer. We reserve the right to end or modify any promotion at any time. Other restrictions may apply. Offers are typically valid online only. Offer applies to the United States unless otherwise noted.

Coupons must be entered at the point-of-sale for discount to be applied. Coupons cannot be retroactively applied to existing orders. Promotional offers cannot be used with other discounts or coupons. Coupons and promotions are not applicable to clearance or reward items.

Shipping

We do our very best to ship orders as quickly as possible using the most appropriate shipping service available. The term shipping or ship includes the commencement of shipping items in an order for single purchases, multiple purchases, or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) a single item, (2) several different items, (3) a quantity of the same item, or (4) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence by shipping individual packages in the order they are available and conditions permit. In these instances, our notification to you that your order has shipped, marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.

International Shipments

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.

Non-US Pricing

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.

Delivery Times

Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation, which could in exceptional circumstances be longer than thirty (30) days.

Disclaimers of Warranty & Limitations of Liability

We warrant to you that any product purchased from us through the Site 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 Fulfillment cannot guarantee that there will not be slight variances in color or shade of product. Ion Fulfillment 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 Fulfillment and shall not apply to products sold by Ion Fulfillment.

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 email us at info@ionfulfillment.com.

These Terms and Conditions were last revised and made effective as of May 7, 2018.

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