01 · Agreement
Agreement to these Terms
These Website Terms of Use (“Terms”) are a binding agreement between you and ION Companies (“ION,” “we,” “us,” or “our”). They govern your access to and use of the ION Companies website, including its pages, content, contact form, demonstrations, and related features (collectively, the “Site”).
By accessing or using the Site, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Site. Additional or different terms may apply to a particular service or client engagement, but only when agreed in a separate written agreement.
02 · Scope
What these Terms cover
The Site presents information about ION, our capabilities, working approach, and selected examples or demonstrations. These Terms govern only the public Site. They do not govern professional services, deliverables, hosting, support, or other work performed for a client under a master services agreement, statement of work, proposal, order form, or similar written agreement.
If a separate written agreement between you and ION conflicts with these Terms, the separate agreement controls only for the services and subject matter it covers.
03 · Eligibility
Eligibility and authority
You may use the Site only if you are legally capable of entering into a binding agreement and your use is permitted by applicable law. The Site is intended for a general business audience and is not directed to children under 13.
If you use the Site on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms. In that case, “you” includes both you and the organization.
04 · Engagements
No offer or client relationship
Site content is provided for general informational purposes. It is not legal, tax, financial, security, or other professional advice, and it is not an offer, quote, guarantee, or commitment to perform services. Features, availability, project approaches, and capabilities may change.
Visiting the Site, sending a message, discussing a possible project, or receiving a response does not create a client, fiduciary, confidential, employment, partnership, joint-venture, or agency relationship. A client relationship begins only when ION and the client enter into a written agreement signed or otherwise accepted by authorized representatives of both parties.
05 · Permission
Limited license to use the Site
Subject to these Terms, ION grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site for your own lawful informational and business-evaluation purposes.
This license does not transfer ownership of any Site content or technology. Any use beyond what these Terms expressly allow requires ION’s prior written permission.
06 · Ownership
Intellectual property
The Site and its content—including text, visual design, graphics, logos, photographs, video, software, code, demonstrations, arrangement, and selection—are owned by ION or used with permission and are protected by intellectual-property and other laws.
ION Companies and associated names, logos, and brand elements are trademarks or service marks of ION. Third-party names, logos, products, and marks belong to their respective owners. No license to use any mark is granted by implication, estoppel, or otherwise.
07 · Conduct
Acceptable use
You agree not to use the Site to:
- violate a law, regulation, court order, contract, or third-party right;
- submit false, misleading, unlawful, infringing, threatening, abusive, or harmful material;
- introduce malware, malicious code, or content designed to disrupt or damage systems;
- bypass, disable, interfere with, probe, or test security, access controls, rate limits, or spam-prevention measures without written authorization;
- use bots, scrapers, or automated means to access the Site in a manner that creates unreasonable load, ignores technical restrictions, or is used to build a competing dataset or service;
- copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Site except as applicable law expressly permits despite this restriction;
- impersonate another person or misrepresent your identity, affiliation, or authority; or
- help another person engage in any prohibited activity.
You may link to publicly available Site pages in a lawful manner that does not imply sponsorship, endorsement, or affiliation. We may require removal of a link that is deceptive, misleading, unlawful, or harmful.
08 · Contact
Inquiries and other submissions
When you submit an inquiry, you represent that the information is accurate, that you have the right to provide it, and that our receipt and reasonable use of it will not violate another person’s rights or obligations. You authorize ION to use the contact details you provide to respond and to maintain appropriate records of the communication.
Do not send confidential or sensitive information through the Site. Unless we have already signed a written agreement that specifically requires confidentiality, information submitted through the Site will not be treated as confidential. Do not include passwords, source credentials, payment information, Social Security numbers, health information, trade secrets, or confidential data belonging to a client or other third party.
We are not required to accept, review, retain, or respond to a submission, and a response does not obligate either party to proceed with a project.
09 · Ideas
Feedback and unsolicited ideas
If you voluntarily provide suggestions, comments, or other feedback about the Site or ION’s services (“Feedback”), you grant ION a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use, reproduce, modify, distribute, and otherwise exploit that Feedback for any lawful purpose without restriction or compensation to you.
This provision does not transfer ownership of materials you submit solely for evaluation as part of a potential client project. The handling and ownership of client materials will be addressed in any applicable written services agreement.
10 · External services
Third-party sites and services
The Site may display, depend on, or link to third-party websites, software, content, platforms, or services, including hosting, security, reCAPTCHA, and other infrastructure providers. Third parties operate under their own terms and privacy practices, and ION does not control them.
A link or reference is provided for convenience and does not guarantee availability, quality, security, suitability, or results. Your dealings with a third party are solely between you and that third party. ION is not responsible for third-party content, services, acts, or omissions to the fullest extent permitted by law.
11 · Portfolio
Examples, demonstrations, and results
Portfolio materials, prototypes, interactive examples, technical demonstrations, case descriptions, and capability statements are illustrative. Some elements may be simulated, simplified, historical, or presented outside a live production environment. They do not constitute a promise that a specific feature, technology, schedule, cost, or outcome will be available or appropriate for your project.
ION displays portfolio materials only when it owns them, has licensed them, or has permission to display them. Third-party names and marks are used only as reasonably necessary to identify a client, platform, integration, or project and do not imply sponsorship or endorsement. Demonstrations, prototypes, concept work, and simulated results are identified as such where they appear.
Project results depend on requirements, resources, third-party systems, client participation, market conditions, and other factors. Past performance does not guarantee future results.
12 · Information
Privacy
Our Privacy Policy explains how we collect, use, and disclose personal information through the Site. Please review it before submitting an inquiry. You are responsible for ensuring that any personal information you provide about another person is provided lawfully and with any required notice or permission.
13 · Operation
Availability, security, and changes
We may change, suspend, restrict, or discontinue any part of the Site at any time. We do not promise that the Site or any content will remain available, current, complete, secure, or free of errors. Maintenance, provider outages, internet conditions, malicious activity, or events outside our control may interrupt access.
We may investigate suspected violations and restrict access when we reasonably believe it is necessary to protect the Site, ION, users, or others. You remain responsible for maintaining the security of your own devices, networks, and information.
14 · Disclaimers
Disclaimer of warranties
To the fullest extent permitted by law, the Site and all content are provided “as is” and “as available,” without warranties of any kind, express, implied, statutory, or otherwise. ION disclaims all warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, and freedom from harmful code.
ION does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, that content will be complete or current, or that use of the Site will produce any particular business, technical, financial, or other result.
Some jurisdictions do not allow certain warranty exclusions, so some of the exclusions above may not apply to you. In that event, the exclusions apply to the maximum extent permitted by law.
15 · Liability
Limitation of liability
To the fullest extent permitted by law, and only for claims arising solely from access to or use of this free, public-facing Site, ION and its owners, officers, employees, contractors, agents, licensors, and service providers will not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages; loss of profits, revenue, business, data, use, or goodwill; or cost of substitute services, even if advised of the possibility of those damages.
For those claims, the aggregate liability of ION and the other ION parties will not exceed one hundred U.S. dollars (US $100).
This section does not apply to paid services or client engagements, which are governed by their separate agreements and the liability terms in those agreements. The limitations apply regardless of the form or theory of liability, but do not apply to fraud, willful misconduct, gross negligence, or liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow certain limitations, so portions of this section may not apply; in that event, the limitations apply to the maximum extent permitted by law.
16 · Responsibility
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless ION and its owners, officers, employees, contractors, and agents from and against any third-party claim, and any liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from that claim, to the extent based on or arising from: (a) your unlawful use of the Site; (b) content you submit through the Site; (c) your infringement or violation of another party’s rights; or (d) your violation of these Terms.
ION may control the defense of a matter subject to indemnification, and you agree to cooperate reasonably. You may not settle a claim in a manner that admits fault by or imposes obligations on ION without ION’s prior written consent.
17 · Disputes
Governing law and dispute resolution
These Terms and any dispute arising out of or relating to the Site are governed by the laws of the State of New York, without regard to conflict-of-laws rules, except to the extent federal law applies.
Before either party commences a lawsuit, the party raising the dispute must provide written notice describing the claim, relevant facts, and requested resolution. Notices to ION must be sent by email to hello@ioncompanies.com or by U.S. mail to ION Companies, P.O. Box 205, Great Bend, NY 13643-9998. ION may send notice to the most recent email or postal address the other party provided. For 30 days after receipt of notice, the parties must attempt in good faith to resolve the dispute informally. If it remains unresolved, either party may pursue the matter individually in the courts identified below.
Any action must be brought exclusively in an applicable New York state court located in Jefferson County, New York or, if federal subject-matter jurisdiction exists, in the United States District Court for the Northern District of New York. Each party consents to the exclusive personal jurisdiction of those courts and waives objections based on venue or inconvenient forum. These Terms do not require arbitration.
You and ION each agree that any claim or proceeding will be brought only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, or representative action. To the fullest extent permitted by law, you and ION mutually waive any right to participate in such an action.
18 · General
General terms
- Entire agreement. These Terms and the Privacy Policy are the entire agreement concerning use of the public Site, except that a separate written agreement may govern its own subject matter.
- Severability. If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
- No waiver. A failure to enforce a provision is not a waiver of the right to do so later.
- Assignment. You may not assign or transfer these Terms without our prior written consent. ION may assign these Terms in connection with a reorganization, merger, sale of assets, financing, or by operation of law.
- No third-party beneficiaries. These Terms do not create rights for anyone other than you and ION, except that the ION parties identified in the warranty, liability, and indemnity provisions may enforce those provisions.
- Headings. Headings are provided for convenience and do not affect interpretation.
19 · Updates
Changes to these Terms
We may update these Terms to reflect changes in the Site, our practices, or legal requirements. We will post the revised Terms on this page and update the effective date. Changes apply prospectively when posted unless a later date is stated. Your continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms.
20 · Contact
Questions and legal notices
Questions about these Terms and formal notices concerning the Site may be directed to:
ION Companies
P.O. Box 205
Great Bend, NY 13643-9998
Email: hello@ioncompanies.com
Phone: (315) 544-0601