!‐‐ KLAVIYO TRACKING: BEGIN ‐‐> <!‐‐ KLAVIYO TRACKING: END ‐‐> <!‐‐ WISEPOPS TRACKING: BEGIN ‐‐> <!‐‐ WISEPOPS TRACKING: END ‐‐> <!‐‐ GOOGLE OPTIMIZE TRACKING: BEGIN ‐‐> <!‐‐ GOOGLE OPTIMIZE TRACKING: END ‐‐>
By accessing or using the Website, you are agreeing to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.
In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Website is not intended for children under the age of 18 and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old.
If you are placing an order online or by telephone as part of our automatic renewal program, your membership in the program will remain in effect until it is canceled. If you sign up for an automatic renewal program on the Website in connection with your purchase, the payment card you provide will be charged the amount stated on the web page corresponding to the product you purchase, and your payment card will automatically be charged the same monthly amount every thirty (30) days thereafter.
IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE/CONTACT OR EMAIL US AT HELLO@IONLAYER.COM. You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is canceled or is no longer valid. Changes to such information can be made by emailing a customer service representative at firstname.lastname@example.org
Return/Refund Policy. You may return items in accordance with the Return Policy instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also email Customer Service at email@example.com for assistance.
Subject to the limitations set forth herein, you may be able to upload or submit any photographs, comments, video clips, reviews and other communications and content to us (either directly or through our partners, including, without limitation, through software tools) the Website (“Your Content”). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant Ion Layer a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Ion layer and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. Ion layer is under no obligation (i) to maintain Your Content in confidence; (ii) to pay to you or any third party any compensation for any Your Content; or (iii) to respond to any Your Content. You are and shall remain solely responsible for Your Content.
You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; and (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity.
We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. Ion layer has the right, but not the obligation, to monitor and edit or remove any activity or content. Ion layer takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:
(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
(ii) modify, distribute, or re-post any content on the Website for any purpose; or
(iii) use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree:
(a) not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
(b) not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;
(c) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
(d) not to use, frame, or utilize framing techniques to enclose any Ion Layer trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without Ion Layer’ express written consent;
(e) not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
(f) not to use meta tags or any other “hidden text” utilizing an Ion Layer name, trademark, or product name without Ion Layer’s express written consent;
(g) not to deep link to the Website without Ion Layer’ express written consent;
(h) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;
(i) not use the Website to collect or store personal data about others;
(j) not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
(k) not to post any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;
(l) to be bound by the product submission policies of Ion Layer, including that any product submission you may make to Ion Layer will not be held in confidence by Ion Layer and is not proprietary, that Ion Layer may use the product submission and any aspect thereof for any purposes in Ion Layer’s sole discretion; and
(m) to comply with all applicable laws regarding your use of the Website.
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of IonsLayer’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Product Representations. Ion Layer reserves the right to discontinue or change specifications, and prospectively change prices on products, in each case without incurring any obligation to you. Ion Layer takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Ion Layer does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website. Ion Layer’s descriptions of, or references to, products not owned by Ion Layer do not imply endorsement of that product, or constitute a warranty by Ion Layer.
Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
Order Placement and Acceptance. If you order a product, payment must be received by Ion Layer prior to Ion Layer’s acceptance of the order. Ion Layer may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.
Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization, and a form of payment have been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability and an authorized prescription by Ion Layer’s partner physicians. We will promptly inform you if the product(s) you have ordered are not available, or are not approved by your partner physician and we may offer you alternative product(s) of equal quality and value.
Ion Layer only accepts orders for personal use. You cannot resell items offered on the Website. If Ion Layer discovers that you are placing orders with the intent to resell items offered on the Website, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Ion Layer will also report you to federal, state and/or local enforcements authorities.
Shipping and Risk of Loss. Ion Layer will add applicable shipping and handling fees to your order. Unless otherwise noted, Ion Layer will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Ion Layer may provide delivery or shipment timeframes or dates, you understand that those are Ion Layer’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, Ion Layer will use reasonable good faith efforts to contact you. If Ion Layer cannot contact you or you no longer wish to receive the item, Ion Layer will cancel the order and promptly refund the amount tendered. Ion Layer may reject orders where the stated delivery address is outside the United States.
Sales Tax. In the United States, Ion Layer is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Ion Layer is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.
Payment Information. In ordering products through the Website, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Ion Layer shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Ion Layer, or for any other reason that we, in our sole discretion, deem appropriate.
We are a technology company that makes available to individuals who register as users of the Service (“Users”) certain products and services sold or offered by Ion Layer or by third-party medical providers, pharmacies, or other vendors. Our Service provides access to prescription fulfillment services offered by several licensed pharmacies (the “Pharmacies”). We may also provide you with a means of connecting to one or more medical groups who provide healthcare services through the Platform (the “Medical Groups”). These medical groups employ or contract with physicians and allied health professionals who offer certain healthcare services through the Platform (“Providers”). By accepting this Agreement, you acknowledge and agree that any services you receive from the Pharmacies, Medical Groups or Providers through the Platform are also subject to this Agreement, and that the Pharmacies, Medical Groups and Providers are third-party beneficiaries of this Agreement.
With respect to the Pharmacies, the Medical Groups and the Providers, we act solely as a technology platform to connect you with the products and services offered by the Pharmacies, Medical Groups and Providers through the Service. Ion Layer currently works with Curexa Pharmacy and their partner pharmacy, HealthSmart Pharmacy. To consult or ask questions of your pharmacist, you can reach out to Curexa Pharmacy via mail at 3007 Ocean Heights Avenue, Egg Harbor Township, NJ 08234 or call them at 855.927.0390 and HealthSmart Pharmacy via mail 9197 Cleveland Road Clayton, NC 27520 or call them at 919.359.1474.
We do not control or influence the practice of medicine by the Medical Groups or any Providers, each of whom is solely responsible for the medical care and treatment he or she provides to you. Ion Layer makes no representations or warranties about the suitability, reliability, timeliness or accuracy of the medical care and treatment provided by the Medical Groups or any Providers. By accepting this Agreement, you acknowledge and agree that Ion Layer is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Ion Layer.
By accepting this Agreement, you acknowledge and agree that, the Medical Group and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Ion Layer nor the Medical Group nor any Provider will be responsible in any way and you will not hold Ion Layer, Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s).
The information communicated on the Website constitutes an electronic communication. When you communicate with Ion Layer through the Website or via other forms of electronic media, such as email, you are communicating with Ion Layer electronically. You agree that Ion Layer may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Ion Layer provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Ion Layer or you).
You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT”, “I AGREE” or such similar links as may be designated by Ion Layer, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY Ion Layer. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
To the extent permissible by applicable law, you acknowledge that telephone calls to or from Ion Layer are monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to Ion Layer, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Ion Layer. You acknowledge that by voluntarily providing your telephone numbers to Ion Layer, you expressly agree to be contacted at the telephone numbers you provide.
You consent to receive emails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Ion Layer relating to this Agreement, any purchase or transaction with Ion Layer, matters related to your account (including debt collection), and promotions regarding Ion Layer products. These communications may be made by or on behalf of Ion Layer, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Ion Layer will not be responsible for these charges.
Ion Layer may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide Ion Layer notice within 30 days of any change to your contact information by writing to 34 N Franklin Ave Ste 687 #5017, Pinedale, WY 82941; Attention: Ion Layer Customer Service or emailing firstname.lastname@example.org. Your consent to this communications provision is not required to make any purchase with Ion Layer.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ION LAYER, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
BECAUSE SOME JURISDICTIONS (INCLUDING, WITHOUT LIMITATION, THE STATE OF NEW JERSEY) PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU
Except where otherwise inapplicable or prohibited by law, you agree to indemnify and hold harmless Ion Layer, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your breach of this Agreement.
Ion Layer may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, if Ion Layer reasonably believes that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Ion Layer may, in our discretion, cancel any outstanding orders for the product.
Ion Layer® is a trademark of BrAnthony LLC. All other trademarks and service marks displayed on the Website are the property of Ion Layer or their respective owners. You may not use or display any trademarks or service marks owned by Ion Layer without Io nLayer’s prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.
It is Ion Layer’S policy to respect the copyright and intellectual property rights of others. Ion Layer may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Ion Layer may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Ion Layer complies with the Digital Millennium Copyright Act.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Ion Layer’s Copyright Agent the following information:
Referrer. Anyone can refer a friend (a “Referred Customer”), regardless of if you are a new or existing Ion Layer customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address), as determined by Ion Layer sole discretion. Referrers can refer as many customers as they like.
Qualified Referral. A Qualified Referral is defined as a purchase made at www.ionlayer.com by a person (a "Referred Customer") who arrives at our website by clicking your unique Refer a Friend program link.
- You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred customers must be a new customer with no prior purchases at www.ionlayer.com to be a Qualified Referral.
- Referred customers must be using the USA/CAN/AUS checkout system. Ion Layer Refer a Friend promotions & rewards are not applicable to users on other storefronts.
- Qualified Referrals are only accepted via the Ion Layer website. We will not accept referrals over phone, email, chat, or any other means of communication.
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete their first purchase at www.ionlayer.com. Referred Customer must have no prior purchases at www.ionlayer.com (new customers only).
Reward Payments. Rewards are delivered as a single, one-time-use promotional code for $15 off a future purchase.
- One promotional code may be used towards one purchase at a time. You may not “stack” promotional codes or other offers.
- Promotional codes may be redeemed at checkout on www.ionlayer.com by adding the unique code to the field prior to submitting payment.
- Promotional codes may also be redeemed by Ion Layer subscribers within the Customer Portal.
1. Referrers must login to their Customer Portal, select to edit their “Next Order” and select “Have a promo code?” to reveal the field for input.
2. Once code is added to their “Next Order” it will automatically apply the $15 discount.
3. If Referrers have multiple codes to use, they must add each code after their previous order has shipped to apply it to their upcoming order.
- Promotional codes will expire after one year
- Rewards can only be used to purchase products on www.ionlayer.com and are not redeemable for cash or gift cards. Referral Rewards may only be redeemed for purchases made in United States Dollars. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Eligibility. Eligibility is limited to individuals in the US only. Ion Layer Refer-a-Friend Program cannot be used by businesses or corporations or for affiliate lead generation.
No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Ion Layer Refer a Friend program.
Right to Close Accounts. Ion Layer reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Ion Layer Refer a Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. Ion Layer reserves the right to cancel the Refer a Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
You acknowledge and understand that if Ion Layer is unable to provide the products as a result of an event outside of its control, Ion Layer will not be in breach of any of its obligations to you under this Agreement.
Last updated: May 5, 2022