ION* Biome

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Terms & Conditions

As of 09.06.2019

Welcome to IonBiome.com (“Website”), the IonBiome™ Product and Brand Website Terms of Service (“Terms”). Ion Biome.com is owned by Biomic Sciences, LLC (“we”, “us”, “Biomic”). By using the Website, you agree to be bound by these Terms and by our Privacy Policy, found at http://www.ionbiome.com/privacy and incorporated herein. If you don’t agree to these Terms, do not access or use the Website.

NO MEDICAL ADVICE

Ion Biome Products (“Products”) and any claims made about the Products on or through the Website have not been evaluated by the United States Food and Drug Administration (“FDA”) and are not intended to diagnose, treat, cure, or prevent disease. The information provided on this Website is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on the Website for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional, and carefully read all information provided on or in any product label or packaging, before using any medication or nutritional, herbal, or homeopathic product (including regarding any interactions between any medication you are currently taking and such products), before starting any diet or exercise program or before adopting any treatment for a health problem, or if you have or suspect you might have a health problem.

Changes to the Terms

We may modify these Terms at any time, in our sole discretion. If we do so, we’ll let you know by posting the modified Terms on the Website. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. It’s important that you review the modified Terms whenever we modify them because if you continue to use and access the Website after we have posted the modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Website anymore. We reserve the right to change or discontinue all or any part of these Terms or the Website, at any time and without notice, at our sole discretion.

Who May Use the Website

You may use the Website only if you are 18 years or older and capable of forming a binding contract with Biomic and are not barred from using the Website under applicable law. By using the Website, you warrant and represent to Biomic that you are at or over the age of 18.

Account and Account Security

In order to access certain aspects of our Website (such as ordering Products), you may be asked to create an account (“Account’). It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify Biomic in writing immediately of any unauthorized use of your Account. You’re solely responsible for all activities that occur under your Account, whether or not you know about such activities and such responsibility will include, but not be limited to, the payment for any Products purchased through the Website and all other activities and conduct done under your Account.

Products for Personal Use Only

Products available for purchase on the Website are for personal use only. You may not sell or resell any of the Products unless you are authorized reseller of such Products. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.

Payment

You can order Products on the Website through our online store on Shopify whose policies can be found at Shopify.com/legal and Shopify.com/legal/privacy.

Subscription order payments are processed by Recharge, whose policies can be found on https://rechargepayments.com/terms-of-service and https://rechargepayments.com/privacy-policy.
Note that once you leave our Website, our policies do not apply and any data that Shopify collects in order for you to make a purchase is stored on their system and in accordance with their policies. For more information on how we use information you provide to us, see our Privacy Policy at http://www.ionbiome.com/privacy.

All amounts are payable and charged: (i) for one-off purchases, at the time you place your order; and (ii) FOR SUBSCRIPTION-BASED PURCHASES, AT THE BEGINNING OF THE SUBSCRIPTION.
IMPORTANT NOTICE FOR SUBSCRIPTION PURCHASERS: IF YOU SIGNED UP TO PURCHASE PRODUCT THROUGH OUR SUBSCRIPTION PROGRAM, YOUR SUBSCRIPTION AUTOMATICALLY RENEWS UNTIL AND UNLESS YOU CANCEL THE SUBSCRIPTION. You must cancel your subscription before it renews to avoid the billing of the fees for the next subscription period.
YOU MAY CANCEL THE RENEWAL OF YOUR SUBSCRIPTION AT ANY TIME by contacting us by email at info@ionbiome.com or by calling our toll-free number, 844-432-5488. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive products ordered until the end of your current subscription period.

Orders

When ordering, it is your responsibility to ensure that all information submitted to Biomic is accurate. You may not be able to submit corrections after you place an order, and, if accepted, any corrections submitted after you place an order may significantly delay shipping of your order. All payments made to us are non-refundable.

We reserve the right to limit the order quantity on any product, to extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship product to you for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with Biomic.

Biomic reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Biomic deems appropriate in its sole discretion. Biomic also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. Biomic will either not charge you or refund the charges for orders that we cancel or do not process.
Risk of Loss, Returns Policies and FAQ
Title to Product passes from Biomic to you upon shipment from our facility. For information on order processing and shipping, please see our Shipping FAQ. Please be aware that our shipping times are only estimates and are subject to change.
If you desire to return any Product you ordered through the Website, please refer to our Return Policy FAQ for how you may return the product.
Please read our shipping FAQ http://ionbiome.com/shipping-delivery-info/ or our return policy http://ionbiome.com/returns-exchanges-info/ for more information.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Website or our services (“Feedback”). You can submit Feedback by emailing us at info@ionbiome.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable license, with the right to grant sublicenses, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Privacy

Please refer to our Privacy Policy http://ionbiome.com/privacy-policy/ for information on how we collect, use, and disclose information from our users.

Content

For purposes of these Terms: “Biomic Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available on the Website including all trademarks and copyrights and all accompanying intellectual rights thereto.

“User Content” means any text, graphics or other works of authorship of any kind or other materials that are posted, generated, provided or otherwise made available to or on the Website by you.
Biomic and its licensors exclusively own all right, title, and interest in and to the Biomic Content. You acknowledge that the Website and Biomic Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website as a whole or any portion thereof, or the Biomic Content.
You are granted a non-exclusive license to access and use such Biomic Content solely for the purposes set forth in these Terms. You are prohibited from using the Biomic Content for any other uses.

Biomic does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
Rights in User Content Granted by You

By making any User Content available to us on the Website, you hereby grant to Biomic a non-exclusive, transferable, sublicensable, worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Website and the sale, promotion and distribution of the Products.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the above license in the User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Biomic will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content contained in your Account by specifically deleting it. However, in certain instances some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Website. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Biomic

Subject to your compliance with these Terms, Biomic grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, display, and print the Biomic Content solely in connection with your permitted use hereunder and solely for your personal and non-commercial purposes.

General Prohibitions and Biomic’s Enforcement Rights

You agree not to do any of the following:
Use the Website or the Biomic Content in any way, or upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use, display, mirror, or frame the Website or any individual element thereon, Biomic Content, Biomic’s name, any Biomic trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Biomic’s express written consent;Access, tamper with, or use non-public areas of the Website, Biomic’s computer systems, or the technical delivery systems of Biomic’s providers; Attempt to probe, scan, or test the vulnerability of any Biomic system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Biomic or any of Biomic’s providers; Attempt to access or search the Website or download Biomic Content from the Website through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Biomic or other generally available third party web browsers;
Use any meta tags or other hidden text or metadata utilizing a Biomic trademark, logo, URL, or product name without Biomic’s express written consent; Use the Website or any Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website; Collect or store any personally identifiable information from the Website from other users of the Website without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation;
Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Website or the User Content or to review or edit any Content (User or Biomic), we have the right to do so for the purpose of operating the Website, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Website. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third-Party Websites or Resources

The Website may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Website, at our sole discretion, at any time and without notice to you. You may cancel or delete your Account at any time by sending an email to us at info@ionbiome.com or by calling our toll-free number, 844-432-5488. Removal of your Account will result in the inability to access the Account or any associated information such as purchase history. However, cancelling your Account will not affect your current subscription, as subscriptions are pre-paid. To cancel a subscription, follow the procedures above.

Upon termination, discontinuation, or cancellation of the Website or of or your Account, any provisions of these Terms which by their nature should survive will survive, including, without limitation, the provisions entitled “Agreement to Terms,” “Feedback,” “Content” and all provisions relating to Content and rights thereto including “General Prohibitions and Biomic’s Enforcement Rights”, “Links to Third Party Websites or Resources,” “Termination,” “Warranty Disclaimers,” “Indemnity,” “Limitation of Liability,” “Dispute Resolution,” and “General Terms.”

WARRANTY DISCLAIMERS

The Website and all its services and offerings are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Biomic or other Content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OFFERED FOR SALE ON THE SITE, EXCEPT SOLELY AS SET FORTH IN OUR RETURN POLICY FAQ. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY

You will indemnify and hold harmless Biomic and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Website; (ii) your User Content; or (iii) your violation of these Terms.

LIMITATION OF LIABILITY

NEITHER BIOMIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS NOR ANY OTHER THIRD PARTY OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE AND CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISIING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIOMIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL BIOMIC'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO BIOMIC FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BIOMIC, AS APPLICABLE.

ION BIOME PRODUCTS

BIOMIC EXPRESSLY DISCLAIMS ALL LIABILITY FOR CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL BIOMIC BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO BIOMIC’S PRODUCTS, EVEN IF BIOMIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BIOMIC’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT UPON WHICH A CLAIM IS BASED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BIOMIC AND YOU.

Dispute Resolution.

Governing Law. These Terms and any action related thereto will be governed by the laws of the Commonwealth of Virginia without regard to its conflict of laws provisions.

Agreement to Arbitrate.
You and Biomic agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Commonwealth of Virginia and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Biomic are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Biomic otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration its website www.adr.org/ and a separate form for California residents) at the same website. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure.
Unless you and Biomic otherwise agree, the arbitration will be conducted in the county or jurisdiction of Biomic’s principal place of business currently in the Commonwealth of Virginia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Biomic submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Biomic will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees.
Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Biomic will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Biomic changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@ionbiome.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Biomic’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Biomic in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

Entire Agreement.
These Terms constitute the entire and exclusive understanding and agreement between Biomic and you regarding the Services and Content, and these Terms supersede and replace all prior oral or written understandings or agreements between Biomic and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Assignment.
You may not assign or transfer these Terms, by operation of law or otherwise, without Biomic’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Biomic may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices.
Any notices or other communications provided by Biomic under these Terms, including those regarding modifications to these Terms, will be given by Biomic: (i) via email to the email address you provide us via the Services; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

No Waiver.
Biomic’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Biomic. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information.
If you have any questions about these Terms or the Services, please contact Biomic at info@ionbiome.com, (844) 432-5488, PO Box 4574, Charlottesville, Virginia 22905.