Terms of Service
Last Updated: October 26, 2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE ION KICKS WEBSITE.
1. Acceptance of Terms
1.1. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Ion Kicks ("Ion Kicks," "we," "us," or "our"), governing your access to and use of the website located at ionkicks.com (the "Website") and all associated services, features, content, and applications offered by Ion Kicks.
1.2. By accessing, browsing, or utilizing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must cease use of the Website immediately.
2. Definitions
2.1. "Website" refers to the online platform accessible at ionkicks.com, including all content, features, and functionalities. 2.2. "User" or "you" refers to any individual or entity accessing or using the Website. 2.3. "Content" refers to all text, images, graphics, audio, video, software, data, and other materials available on or through the Website.
3. Acceptable Use Policy
3.1. Permitted Use: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms for your personal, non-commercial purposes.
3.2. Prohibited Conduct: You explicitly agree not to engage in, directly or indirectly, any of the following activities: 3.2.1. Violating any applicable local, state, national, or international law or regulation. 3.2.2. Infringing upon the intellectual property rights of Ion Kicks or any third party. 3.2.3. Uploading, posting, transmitting, or otherwise distributing any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content. 3.2.4. Engaging in any activity that interferes with or disrupts the Website or the servers and networks connected to the Website. 3.2.5. Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website. 3.2.6. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity. 3.2.7. Employing automated scripts, spiders, robots, or any other data mining or extraction tools to collect information from or otherwise interact with the Website. 3.2.8. Transmitting any material that contains software viruses, worms, Trojan horses, or any other malicious code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
4. Intellectual Property Rights
4.1. All Content present on the Website, including but not limited to text, graphics, logos, images, icons, software, and the compilation thereof, is the exclusive property of Ion Kicks or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.
4.2. The Ion Kicks name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ion Kicks or its affiliates or licensors. You must not use such marks without the prior written permission of Ion Kicks.
4.3. No right, title, or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by Ion Kicks.
5. Disclaimer of Warranties
5.1. THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
5.2. ION KICKS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
5.3. ION KICKS DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6. Limitation of Liability
6.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ION KICKS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY CONTENT THEREON.
6.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ION KICKS FOR ALL CLAIMS RELATING TO THE WEBSITE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO ION KICKS, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE WEBSITE OR FOR SERVICES RENDERED VIA THE WEBSITE.
7. Indemnification
7.1. You agree to indemnify, defend, and hold harmless Ion Kicks, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's Content, services, and products other than as expressly authorized in these Terms.
8. Termination
8.1. Ion Kicks reserves the right to suspend or terminate your access to all or any part of the Website, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
8.2. All provisions of these Terms which by their nature should survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.
9. Governing Law
9.1. These Terms and your use of the Website are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
10. Changes to Terms
10.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
10.2. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
11. Contact Information
11.1. Should you have any questions concerning these Terms, please contact us at: [email protected].