Ion Technologies is a division of Metropolitan Industries, Inc.
Introduction; Your Entry into these Terms of Service
These Terms of Service (these “Terms of Service” or “Terms”) govern your access to and use of the Ion Technologies Store website (which we refer to as this “Website,” which term also refers to any content and functionality available on the Website, other than the Monitoring Services, which we define below). By using the Website, you are entering into these Terms, and you agree that this is a legal contract between you, an individual subscriber, customer, member or user (who we refer to as “you”), and Metropolitan Industries, Inc. (which we refer to, together with our affiliated companies, as “we” or “us”, depending on the context).
PLEASE READ THESE TERMS CAREFULLY. BY USING THE WEBSITE, REGISTERING FOR AN ACCOUNT ON THE WEBSITE AND/OR MAKING ANY PURCHASES THROUGH THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND ARE LEGALLY BOUND BY THEM.
These Terms govern your use of the Website. However, if you subscribe for and use any monitoring services that are made available through the Website (the “Monitoring Services”), please note that the Monitoring Services are provided through a different website, www.iongateway.net (the “Monitoring Website”). If you use Monitoring Services, you will be subject to the Monitoring Website’s Terms of Service, which is available for download.
In addition, your purchase of any products or services through the Website will be subject to your acceptance of the Wireless Monitoring Products and Services Agreement. It is important that you understand that while your use of the Website is subject to these Terms, your purchase and use of the products and services we offer is subject to the terms and conditions set forth in the Wireless Monitoring Products and Services Agreement, including without limitation the terms relating to payment for the products and services.
1. Changes to the Website and these Terms. We may make changes to the Website or these Terms at any time. Any modifications to these Terms will be effective when the changes are posted to the Website. You can review the most current version of the Terms at any time by accessing the “Terms & Conditions” link available on the Website, and you are expected to check that link from time to time for updates to these Terms. You understand and agree that your continued access to or use of the Website after any posted modifications to these Terms indicates your acceptance of the modifications.
2. Eligibility to Use the Website; Registration and Account Creation.
A. Eligibility. The Website is available to all members of the general public who are at least 18 years of age and who otherwise have the authority to enter into these Terms. By using the Website, you represent that you (a) are at least 18 years of age (or the applicable age of majority in the jurisdiction where you reside and from which you access the Website), (b) have the legal capacity to enter into these Terms, (c) have not been previously suspended or removed from using the Website; (d) 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 (e) are not listed on any U.S. Government list of prohibited or restricted parties.
B. Creating an Account. You do not need to create an account merely to browse the Website. However, to purchase any products and services made available through the Website, you must create an account. In creating an account, you will be required to provide certain information, including your name, a unique email address, and a password. In addition, you must provide required information regarding your identity and address.
C. Responsibility for Account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to us at registration and at all other times, including all representations, warranties and agreements made by you in these Terms, are and will at all times be true, accurate, current, and complete. If you need to update or change any information provided to us, you may do so by accessing your account through the Website, except that you cannot in any manner revise or change any representations, warranties or agreements made by you in these Terms. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized use of your computer or any mobile device, or a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify us. You may be liable for the losses incurred by us or others due to any unauthorized use of your account.
3. Policies Regarding Website Use and Conduct. You agree not to engage in unacceptable use of the Website. Without limiting that general statement, and in addition to any other restrictions regarding your use of the Website, you agree to the following acceptable use policy guidelines:
- You may not utilize the Website in any manner that would be a violation of any computing resources usage guidelines that apply to you.
- You may not purport to speak for any party other than yourself as an individual, or otherwise impersonate any person or entity (including us or any moderator or administrator of the Website), or falsely state or otherwise misrepresent your affiliation with any person or entity.
- You may not use the Website in any way that violate any law (whether local, state, national, or international), whether or not intentionally.
- You may not use the Website for promotional or commercial purposes. For example, you may not post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, investment opportunities, or any other form of solicitation.
- You may not attempt to use or access the Website in any way that would compromise the security measures we have undertaken in order to avoid risks associated with the loss or destruction of data. For example, you may not (a) use any robot, spider, site search/retrieval application or other automated device or process to access, retrieve, scrape or index the Website or any content, or (b) disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs.
- You may not interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
- You may not interfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on the Website or any other computer network.
- You may not restrict or inhibit any other visitor or member from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website.
- You may not engage in any other activity deemed by us in our sole discretion to be in conflict with the spirit or intent of these Terms.
You are responsible for applying these rules. We are under no obligation to enforce these Terms on your behalf against another user.
4. Third Party Materials and Third Party Content. The Website may display, include or make available third-party content (such as data, information, applications and other products, services and/or materials) or provide links to third-party websites or services (“Third Party Materials”). Third Party Materials, and links to any Third Party Materials, are provided solely as a convenience to you, and we are not endorsing any Third Party Materials. You acknowledge and agree that we are not responsible for any Third Party Materials, including their accuracy, completeness, quality or other aspects, and your use and access of any Third Party Materials is solely at your own risk and is subject to the terms and conditions and policies applicable to the Third Party Materials.
Opinions and other statements expressed by users of the Website and third parties that we may allow to post content on the Website are theirs alone, not opinions of us. Content created by third parties (“Third Party Content”) is the sole responsibility of the third parties posting such Third Party Content, and we do not endorse or guarantee its accuracy or completeness. You agree that your use of any Third Party Content is solely at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Third Party Content. You acknowledge and agree that any Third Party Content and any and all liability arising from Third Party Content are the sole responsibility of the user who posted the Third Party Content, and not us.
5. Ownership; Proprietary Rights.
A. The Website and Content. The Website is owned and operated by Metropolitan Industries, Inc. and our affiliated companies. The content, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website provided by us (excluding any Third Party Content, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Website are the property of us or our affiliated companies and/or third-party licensors. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our Materials, in whole or in part.
B. Trademarks. All trademarks, service marks, and trade names (including “Metropolitan” and “Ion Gateway”) are proprietary to us or our affiliates and/or third-party licensors. You agree not to delete any copyright or other proprietary rights notices on the Website.
6. Copyright Infringement. We take claims of copyright infringement seriously. We reserve the right, but do not have the obligation, to restrict your access to or terminate your use of the Website if we determine, in our sole and absolute discretion, that you are involved in any infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately deemed to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.
The Digital Millennium Copyright Act, 17 U.S.C. Section 512, as amended (the “DMCA”), provides a complaint procedure for copyright owners who believe that any materials on the Website infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the Website, you may request removal of those materials (or access thereto) from the site by submitting written notification to us. To comply with the DMCA, your written notice must include the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We strongly suggest that you consult your legal advisor before filing a DMCA notice with us. There can be penalties for false claims under the DMCA. For example, if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
8. Communications from Us. If you create an account on the Website, you agree to receive certain communications from us in connection with the Website and/or your purchase of any products or services. In addition, we or our affiliated companies might email you with promotional offers made available in connection with the Website. You can opt out of communications that are not essential to your use of the Website and/or any products and services you buy by notifying us that you do not wish to receive those communications.
9. Software and Content Downloads. We and our licensors may make certain software and other content available to you for download (for a fee or otherwise) through the Website. All such software or other content that you download shall be subject to the terms and conditions included with such software or content or otherwise presented to you at the time of download.
10. Indemnification. You agree to indemnify, save, and hold us, our affiliated companies, contractors, employees, agents and our third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Website, any violation by you of these Terms, and any breach of the representations, warranties, and covenants made by you in these Terms. 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 with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
11. Disclaimers; No Warranties.
A. No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
B. “As is” and “As available” and “With All Faults”. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD PARTY MATERIALS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED, EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THE WIRELESS MONITORING PRODUCTS AND SERVICES AGREEMENT GOVERNING YOUR PURCHASE OF ANY PRODUCTS OR SERVICES.
C. Functionality. WITHOUT LIMITING THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND, THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR OMISSIONS WILL BE AVAILABLE. YOU UNDERSTAND THAT WE ARE PROVIDING THE WEBSITE FOR YOUR CONVENIENCE ONLY.
D. Limitation. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
E. Applicability of this Section. YOU EXPRESSLY ACKNOWLEDGE THAT “WE”, WHEN USED IN THIS SECTION, INCLUDES OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS AND SUBCONTRACTORS.
12. Limitation of Liability and Damages.
A. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR ANY CONTENT OR SERVICES AVAILABLE THROUGH THE WEBSITE, FOR:
i. PERSONAL INJURY OR PROPERTY DAMAGE;
ii. ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER); or
iii. DIRECT DAMAGES IN AMOUNTS THAT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
THE ABOVE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORSEEABLE OR IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
B. Third Party Materials. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY THIRD PARTIES OR OTHERWISE BY THIRD PARTIES OTHER THAN US.
C. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
D. Claims. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
A. Waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by one of our authorized representatives.
B. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law.
C Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms will be filed in the courts having proper jurisdiction within the State of Illinois, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
D. Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
E. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
F. Site Availability; Survival. We reserve the right to modify, update, or discontinue the Website in our sole discretion, at any time, for any reason or no reason, without notice to you and without liability to you or any other party. Upon termination of these Terms or your use of the Website for any reason, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including Sections 4, 5, 6 and 10 through 13.
H. Notices. We may provide you with notices, including notices regarding changes to these Terms, by email or postings on the Website. You waive service of process in connection with any legal matters relating to these Terms, and agree that, to the fullest extent permitted by applicable law, service to you at the address indicated in your account information, by mail or fax, will be full and complete service on you.
I. Disclosures. You can contract us with any questions, complaints or claims with respect to the Website at:
Metropolitan Industries, Inc.
37 Forestwood Drive
Romeoville, IL 60446
Fax No.: (815) 886-4573
If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.