Last updated August 10, 2024 AGREEMENT TO TERMS These Terms of Use constitute a legally binding agreement made
between
you, whether personally or on behalf of an entity ("you") and IONEXX ("Company", "we", "us", or "our"),
concerning your
access to and use of the https://ionexx.com website as well as any other media form, media channel, mobile
website or
mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that
by
accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO
NOT AGREE
WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE
USE
IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Site from time to time
are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by
updating the
"Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such
change. It is
your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject
to, and
will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by
your
continued use of the Site after the date such revised Terms of Use are posted. The information provided on the
Site is
not intended for distribution to or use by any person or entity in any jurisdiction or country where such
distribution
or use would be contrary to law or regulation or which would subject us to any registration requirement within
such
jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so
on their
own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are
applicable. The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and
Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be
subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA). The Site is intended for users who are at least 13 years of age. All users who
are minors
in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be
directly
supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or
guardian read
and agree to these Terms of Use prior to you using the Site. Intellectual Property Rights Unless otherwise
indicated,
the Site is our proprietary property and all source code, databases, functionality, software, website designs,
audio,
video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service
marks, and
logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by
copyright
and trademark laws and various other intellectual property rights and unfair competition laws of the United
States,
international copyright laws, and international conventions. The Content and the Marks are provided on the
Site "AS IS"
for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the
Site and
no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever,
without our express prior written permission. Provided that you are eligible to use the Site, you are granted
a limited
license to access and use the Site and to download or print a copy of any portion of the Content to which you
have
properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly
granted to you
in and to the Site, the Content and the Marks. User Representations By using the Site, you represent and
warrant that:
(1) all registration information you submit will be true, accurate, current, and complete; (2) you will
maintain the
accuracy of such information and promptly update such registration information as necessary; (3) you have the
legal
capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not
a minor
in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
(6) you
will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(7) you will
not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any
applicable
law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the
right to suspend or terminate your account and refuse any and all current or future use of the Site (or any
portion
thereof). User Registration You may be required to register with the Site. You agree to keep your password
confidential
and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or
change a
username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or
otherwise
objectionable. Prohibited Activities You may not access or use the Site for any purpose other than that for
which we
make the Site available. The Site may not be used in connection with any commercial endeavors except those
that are
specifically endorsed or approved by us. As a user of the Site, you agree not to: 1. Systematically retrieve
data or
other content from the Site to create or compile, directly or indirectly, a collection, compilation, database,
or
directory without written permission from us. 2. Trick, defraud, or mislead us and other users, especially in
any
attempt to learn sensitive account information such as user passwords. 3. Circumvent, disable, or otherwise
interfere
with security-related features of the Site, including features that prevent or restrict the use or copying of
any
Content or enforce limitations on the use of the Site and/or the Content contained therein. 4. Disparage,
tarnish, or
otherwise harm, in our opinion, us and/or the Site. 5. Use any information obtained from the Site in order to
harass,
abuse, or harm another person. 6. Make improper use of our support services or submit false reports of abuse
or
misconduct. 7. Use the Site in a manner inconsistent with any applicable laws or regulations. 8. Use the Site
to
advertise or offer to sell goods and services. 9. Engage in unauthorized framing of or linking to the Site.
10. Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of
capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s
uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions,
operation, or maintenance of the Site. 11. Engage in any automated use of the system, such as using scripts to
send
comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 12.
Delete the
copyright or other proprietary rights notice from any Content. 13. Attempt to impersonate another user or
person or use
the username of another user. 14. Sell or otherwise transfer your profile. 15. Upload or transmit (or attempt
to upload
or to transmit) any material that acts as a passive or active information collection or transmission
mechanism,
including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or
other
similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). 16.
Interfere with,
disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 17. Harass,
annoy,
intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Attempt
to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the
Site. 19.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a
part of
the Site. 21. Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or
distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or
offline
reader that accesses the Site, or using or launching any unauthorized script or other software. 22. Use a
buying agent
or purchasing agent to make purchases on the Site. 23. Make any unauthorized use of the Site, including
collecting
usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited
email, or
creating user accounts by automated means or under false pretenses. 24. Use the Site as part of any effort to
compete
with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial
enterprise. User
Generated Contributions The Site does not offer users to submit or post content. We may provide you with the
opportunity
to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials
to us or on
the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or
personal information or other material (collectively, "Contributions"). Contributions may be viewable by other
users of
the Site and through third-party websites. As such, any Contributions you transmit may be treated in
accordance with the
Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant
that: 1. The
creation, distribution, transmission, public display, or performance, and the accessing, downloading, or
copying of your
Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright,
patent,
trademark, trade secret, or moral rights of any third party. 2. You are the creator and owner of or have the
necessary
licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of
the Site
to use your Contributions in any manner contemplated by the Site and these Terms of Use. 3. You have the
written
consent, release, and/or permission of each and every identifiable individual person in your Contributions to
use the
name or likeness of each and every such identifiable individual person to enable inclusion and use of your
Contributions
in any manner contemplated by the Site and these Terms of Use. 4. Your Contributions are not false,
inaccurate, or
misleading. 5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation. 6. Your Contributions are not
obscene,
lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined
by us). 7.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 8. Your Contributions do not
advocate
the violent overthrow of any government or incite, encourage, or threaten physical harm against another. 9.
Your
Contributions do not violate any applicable law, regulation, or rule. 10. Your Contributions do not violate
the privacy
or publicity rights of any third party. 11. Your Contributions do not contain any material that solicits
personal
information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent
manner. 12.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to
protect the
health or well-being of minors; 13. Your Contributions do not include any offensive comments that are
connected to race,
national origin, gender, sexual preference, or physical handicap. 14. Your Contributions do not otherwise
violate, or
link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. Any
use of the
Site in violation of the foregoing violates these Terms of Use and may result in, among other things,
termination or
suspension of your rights to use the Site. Contribution License You and the Site agree that we may access,
store,
process, and use any information and personal data that you provide following the terms of the Privacy Policy
and your
choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that
we can use
and share such feedback for any purpose without compensation to you. We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or
other
proprietary rights associated with your Contributions. We are not liable for any statements or representations
in your
Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to
the Site and
you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action
against us
regarding your Contributions. Mobile Application License Use License If you access the Site via a mobile
application,
then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile
application
on wireless electronic devices owned or controlled by you, and to access and use the mobile application on
such devices
strictly in accordance with the terms and conditions of this mobile application license contained in these
Terms of Use.
You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt
the
application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work
from the
application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of
the
application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or
trademark)
posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor,
commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application
available
over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the
application for creating a product, service, or software that is, directly or indirectly, competitive with or
in any way
a substitute for the application; (8) use the application to send automated queries to any website or to send
any
unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other
intellectual
property in the design, development, manufacture, licensing, or distribution of any applications, accessories,
or
devices for use with the application. Apple and Android Devices The following terms apply when you use a
mobile
application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the
Site: (1) the
license granted to you for our mobile application is limited to a non-transferable license to use the
application on a
device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the
usage rules
set forth in the applicable App Distributors terms of service; (2) we are responsible for providing any
maintenance and
support services with respect to the mobile application as specified in the terms and conditions of this
mobile
application license contained in these Terms of Use or as otherwise required under applicable law, and you
acknowledge
that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with
respect to
the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable
warranty,
you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and
policies, may
refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by
applicable
law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile
application; (4)
you represent and warrant that (i) you are not located in a country that is subject to a U.S. government
embargo, or
that has been designated by the U.S. government as a terrorist supporting” country and (ii) you are not listed
on any
U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party
terms of
agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in
violation of
their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree
that the App
Distributors are third-party beneficiaries of the terms and conditions in this mobile application license
contained in
these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the
right) to
enforce the terms and conditions in this mobile application license contained in these Terms of Use against
you as a
third-party beneficiary thereof. Social Media As part of the functionality of the Site, you may link your
account with
online accounts you have with third-party service providers (each such account, a “Third-Party Account) by
either: (1)
providing your Third-Party Account login information through the Site; or (2) allowing us to access your
Third-Party
Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party
Account. You
represent and warrant that you are entitled to disclose your Third-Party Account login information to us
and/or grant us
access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your
use of the
applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage
limitations
imposed by the third-party service provider of the Third-Party Account. By granting us access to any
Third-Party
Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that
you have
provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on
and through
the Site via your account, including without limitation any friend lists and (2) we may submit to and receive
from your
Third-Party Account additional information to the extent you are notified when you link your account with the
Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that
you have
set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party
Accounts may be
available on and through your account on the Site. Please note that if a Third-Party Account or associated
service
becomes unavailable or our access to such Third Party Account is terminated by the third-party service
provider, then
Social Network Content may no longer be available on and through the Site. You will have the ability to
disable the
connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content
for any
purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible
for any
Social Network Content. You acknowledge and agree that we may access your email address book associated with a
Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes
of
identifying and informing you of those contacts who have also registered to use the Site. You can deactivate
the
connection between the Site and your Third-Party Account by contacting us using the contact information below
or through
your account settings (if applicable). We will attempt to delete any information stored on our servers that
was obtained
through such Third-Party Account, except the username and profile picture that become associated with your
account.
Submissions You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information
regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole
property. We
shall own exclusive rights, including all intellectual property rights, and shall be entitled to the
unrestricted use
and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment
or
compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that
any such
Submissions are original with you or that you have the right to submit such Submissions. You agree there shall
be no
recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in
your
Submissions. Third-Party Website and Content The Site may contain (or you may be sent via the Site) links to
other
websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music,
sound,
video, information, applications, software, and other content or items belonging to or originating from third
parties
("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked
for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites
accessed
through the Site or any Third-Party Content posted on, available through, or installed from the Site,
including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained
in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any
Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you
decide to
leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at
your own
risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and
policies,
including privacy and data gathering practices, of any website to which you navigate from the Site or relating
to any
applications you use or install from the Site. Any purchases you make through Third-Party Websites will be
through other
websites and from other companies, and we take no responsibility whatsoever in relation to such purchases
which are
exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the
products or
services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase
of such
products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused
to you
relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Guarantees
and Warranties For products "IONX", "XFLO" and "XOME", IONEXX warrants these products will be free from
defects in
material for a period of 1 year. If the 5 year warranty option is selected at checkout, the same warranty
applies for a
period of 5 years. If a covered defect occurs, IONEXX will replace the defective element. If a replacement is
required,
IONEXX reserves the right to substitute material of equal or higher quality if a similar element is not
available.
Transportation charges to and from IONEXX for inspection or repair of the warranted product are covered by the
consumer.
A return shipping charge of $20 USD is automatically assessed, and will be forwarded to consumer. For product
“IONX”,
The Warranty does not cover the following: imperfections of the unit housing; battery replacement; silver
replacement;
AC adapter replacement; glass jar replacement; magnet repair or replacement; the IONX mobile application,
Android and
Apple iOS; or the packaging that contains these items. The Warranty is void and refunds are prohibited by the
following: Customer aggress imperfection in the housing can be caused by injection de-molding. IONX rod receptacles
are manually stretched for respective rod diameters.
any abuse or unsanitary product condition; or damage caused by improper use or care; failure to follow
manufacturer’s
instructions; a defect is due to causes other than defective material and/or workmanship; any alteration made
to
product; the hyrdosol produced by the unit is offered for sale, or used in any third-party production or
products.
IONEXX does not warrant this product is suitable for any person's medical condition or that they will protect
against
bacteria, viruses or other disease organisms. Incidental or consequential damages are also not recoverable for
this
product. The consumer understands and consents to the following: for IONEXX product "IONX", the mobile app is
the
location where the "IONX" product instructions are located; the silver rods are a separate purchase and are
acquired
from third-party vendor with link on IONEXX website, or by adding to cart on Ionexx checkout. The silver rod set purchased through Ionexx is non-returnable
not refundable; for IONEXX product "XFLO" the secondary pressure hose is
now
included but may be acquired from third-party vendor with link in the product description, on the "XFLO"
webpage; for
IONEXX product XFLO”, maintenance requires backwashing water filter once a year per instructions found on
product
webpage; for IONEXX product "XOME", the warranty does not extend to USB plug adapter, the USBA micro cable,
nor the
customer hardware such as routers, computers, mobile client devices with protocols which are incompatible. In
the
instance of XOME file system reset or re-flash, the customer agrees to download the necessary software found
in XOME
instructions, section IV troubleshoot. Provided XOME is under warranty, IONEXX may drop ship an SD CARD READER
to
customer to re-flash software. XOME product support extends only in so far as the customer is able to add XOME
to their
home network, access the Homebridge interface via url, and successfully add XOME to Apple Home app. IONEXX is
not
responsible for determining customer smart home device compatibility with XOME, nor for adding or configuring
any other
customer smart devices to XOME. The service terms stated in this warranty shall be the consumer's sole and
exclusive
remedy in the event of a defect in the product. IONEXX makes no warranty beyond what is contained in the
Warranty.
IONEXX does not authorize any person to create for it any other obligation in connection with this Warranty.
IONEXX does
not provide refunds, and any warranty or return request is deferred to the Warranty. Coverage under this
Warranty
applies only to the original purchaser, and is valid from the date of purchase. Our return policy does not
apply to the
following goods: [discounted or sale items]. These items are not eligible for return, refund or exchange. By
using this
site, the visitor, consumer, viewer, purchaser agree to the Terms listed in this document. 5 Year Warranty.
Warranty
extends the existing warranty by 4 years, for a total of 5 year manufacturer limited warranty, as covered in
section
above “Guarantees and Warranties.” Shipping & Processing All orders are processed & shipped within 24 hours of
time of
purchase via USPS, UPS or FEDEX. International orders are fulfilled by USPS. Delivery time domestic, within
the USA are
between 2-7 business days. International delivery arrives within 6-22 business days. Order delivery time is
not
guaranteed & may be interrupted at any time due to exigent circumstances beyond the control of IONEXX. All
orders which
have been assigned tracking numbers by shipping carrier are not eligible for cancellation. Site Management We
reserve
the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take
appropriate
legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including
without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any
of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability,
to remove
from the Site or otherwise disable all files and content that are excessive in size or are in any way
burdensome to our
systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to
facilitate the
proper functioning of the Site. Terms and Termination These Terms of Use shall remain in full force and effect
while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.
WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU
POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you
are
prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name
of any
third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending
your
account, we reserve the right to take appropriate legal action, including without limitation pursuing civil,
criminal,
and injunctive redress. Modifications and Interruptions We reserve the right to change, modify, or remove the
contents
of the Site at any time or for any reason at our sole discretion without notice. However, we have no
obligation to
update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site
without
notice at any time. We will not be liable to you or any third party for any modification, price change,
suspension, or
discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience
hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in interruptions,
delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at
any time
or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage,
or
inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the
Site.
Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply
any
corrections, updates, or releases in connection therewith. Governing Law These Terms of Use and your use of
the Site are
governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and
to be
entirely performed within the State of Texas, without regard to its conflict of law principles. Dispute
Resolution Any
legal action of whatever nature brought by either you or us (collectively, the “Parties and individually, a
“Party)
shall be commenced or prosecuted in the state and federal courts located in United States of America, Texas,
and the
Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens
with respect
to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on
Contracts
for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded
from these
Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to
the Site
be commenced more than one (1) years after the cause of action arose. Corrections There may be information on
the Site
that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability,
and
various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to
change or
update the information on the Site at any time, without prior notice. Disclaimer THE SITE IS PROVIDED ON AN
AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR
USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR
THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR
THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA
THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS
OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1.00 USD. CERTAIN
US STATE
LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU
MAY HAVE ADDITIONAL RIGHTS. Indemnification You agree to defend, indemnify, and hold us harmless, including
our
subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and
against any
loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any
third party
due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your
representations
and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including
but not
limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with
whom you
connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive
defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at
your
expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim,
action, or
proceeding which is subject to this indemnification upon becoming aware of it. User Data We will maintain
certain data
that you transmit to the Site for the purpose of managing the performance of the Site, as well as data
relating to your
use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data
that you
transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no
liability
to you for any loss or corruption of any such data, and you hereby waive any right of action against us
arising from any
such loss or corruption of such data. Electronic Communication, Transactions and Signatures Visiting the Site,
sending
us emails, and completing online forms constitute electronic communications. You consent to receive electronic
communications, and you 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 communication be in
writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive
any rights
or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an
original signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any
means other than electronic means. California Users and Residents If any complaint with us is not
satisfactorily
resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by
telephone at (800) 952-5210 or (916) 445-1254. Miscellaneous These Terms of Use 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 us.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver
of such
right or provision. These Terms of Use 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 Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed
severable
from these Terms of Use 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
Use or use of the Site. You agree that these Terms of Use 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 Use
and the lack
of signing by the parties hereto to execute these Terms of Use. Contact Us In order to resolve a complaint
regarding the
Site or to receive further information regarding use of the Site, please contact us at: IONEXX 5208 N 10th St
#4034,
McAllen, TX 78504 United States Phone: (512) 240-2869; or use Chat Application found on Website.