Terms Of Use

Welcome to the Ionic Security Inc. (“Ionic,” “we” or “us”) website.  Ionic provides access to and use of this website, located at www.ionic.com (the “Website”) in accordance with and subject to the following terms of use (“Terms of Use”).

Please read these terms of use carefully before using this Website. By accessing and using this Website, you agree to these terms of use.

General

This Website is owned and operated by Ionic. We have the right at any time to change or discontinue any aspect or feature of the Website, including, without limitation, the content, accessibility, hours of availability, and software and equipment needed for access or use of the Website. We may also make changes to or discontinue any services or products described or offered on this Website, at any time, without notice. Our obligations, if any, with regard to our services or products are governed solely by the subscription, license or other agreements pursuant to which they are offered, and nothing on this Website will be construed to modify or change such agreements or apply to the provision of such services and products.

Use of the Website; Restrictions on Use

Ionic grants you a limited, revocable, nonexclusive license to access and use this Website for your personal use only.  Except as otherwise expressly permitted under copyright law, neither this Website nor any of its content may be published, transmitted, copied, reproduced, resold or otherwise exploited, in whole or in part, for any commercial purpose without the express written consent of Ionic. You may not use this Website or any content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of Ionic or others.  You may not use or export or re-export any content or any service or product offered on the Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

Website Content; Copyright and Trademark

The Website text, graphics, photos, images, icons, videos, logos, audio clips, data, digital downloads and other content, as well as the computer software, design, compilation, and arrangement of such content, are owned, controlled or licensed by or to Ionic or its content providers and are protected by United States and international copyright, trade dress, trademark, and other applicable intellectual property laws.  Ionic Security®, the Ionic logo, and all other trademarks and service marks used on the Website are trademarks or service marks of Ionic Security, Inc. All rights are reserved. All other trademarks appearing on the Website are the property of their respective owners.  You may not use any trademarks, service marks, names, logos, or other identifiers of Ionic without our prior written consent. In addition, you may not use such trademarks as part of your own trademarks or those of any third parties, to identify products or services that are not those of Ionic Security, in any manner likely to cause confusion, to imply that Ionic sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties, or that disparages Ionic.

Privacy

Ionic’s policy with respect to the gathering, use, and dissemination of information we obtain from you by your use of this Website is set forth in our Privacy Notice. Such notice, as amended from time to time, is hereby incorporated in these Terms of Use by reference.

Disclaimer of Warranty; Limitation of Liability

IONIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, SOFTWARE OR OTHER PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE EXPRESSLY AGREED BY IONIC. THIS WEBSITE AND ALL CONTENT, MATERIALS, SERVICES, SOFTWARE OR OTHER PRODUCTS REFERENCED ON THIS WEBSITE OR OFFERED TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY IONIC ON AN “AS IS” AND “WHERE IS” BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A SEPARATE AGREEMENT EXECUTED AND DELIVERED BY AND BETWEEN YOU AND IONIC. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IONIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, IONIC MAKES NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS WEBSITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, MISTAKE, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IONIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, SERVICES, SOFTWARE OR OTHER PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL IONIC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT US$100.00.

Links and Linking

You may only link to this Website by linking to Ionic’s homepage, www.ionic.com. Linking to any other web page or content within this Website is prohibited without the prior written permission of Ionic. This Website may provide links to other third-party sites. Such links are provided as a convenience to our Website visitors and are not controlled, sponsored by, endorsed or otherwise affiliated with this Website or Ionic. Ionic is not responsible or liable for any representations made by or any content, products or other materials available on, such other sites. You acknowledge and agree that Ionic is and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on, any representations, statements, information, goods or services available on or through any such sites. If you decide to access any of the third party sites linked to this Website, you do this entirely at your own risk.

Modifications and Changes to these Terms of Use

We reserve the right to add, remove, change, or modify these Terms of Use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Website, or by electronic or conventional mail, or by any other means. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes will mean that you accept and agree to the changes.

Notice & Procedure for Making Claims of Copyright Infringement

We are committed to managing copyright complaints responsibly and in compliance with applicable laws.  If you believe your copyright is being infringed by content in this Website, please provide a written notice to:

Ionic Security Inc.
1170 Peachtree St. NE, Suite 400
Atlanta, Georgia, USA 30309
Attn: Chief Legal Counsel
Phone: (404) 736-6000
Email: [email protected]

Miscellaneous

These Terms of Use shall be construed in accordance with the laws of the State of Georgia, U.S.A., without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of Georgia, acknowledge that venue is proper in any state or Federal court in the State of Georgia located in Fulton County, Georgia, agree that any action related to these terms of use must be brought in such state or Federal court, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is held to be invalid, void or for any reason unenforceable, such provision will be deemed severable and shall not affect the validity and enforceability of any remaining condition. The section headings used herein are for convenience only. When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  These Terms of Use, and all writings incorporated by reference into these Terms of Use, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.

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