WELCOME

(Last Revised 5/24/2012)

IMPORTANT: This "User Agreement" sets forth the terms and conditions that apply to your use of www.iZento.com. PLEASE READ THIS AGREEMENT CAREFULLY

Welcome to iZento.com (the "Site"). This User Agreement is a legal agreement between you as an individual user and iZento, Inc., a California corporation that governs the access to, and use of the Site and iZento services. You must accept the terms of this Agreement before accessing and using the web based software or accessing or using
the iZento services. By accessing and/or otherwise using the software or services, you as the customer are indicating that you have read and understood, and that you agree to be bound by, the terms of this Agreement. If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the access to and/or use of the Site.

This Agreement may be modified from time to time; the date of the most recent revisions will appear on this page. Continued use of the Site by you will constitute your acceptance of any changes or revisions to the Agreement.

Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Site may result in suspension or termination of your access to the Site, without notice, in addition to iZento, Inc.'s other remedies.

>> Back to top

SCOPE OF SERVICES

iZento, Inc. provides the Site to registered users for the purpose of trip planning, itinerary building, and sharing those plans and itineraries with others. By registering you acknowledge and agree that you contract directly with advertisers, partners, or other registered users of the Site to buy or sell Travel-related products and/or services, and/or to share trip plans and user information. Each registered user is solely responsible for the enforcement and performance of its rights and obligations in the purchase and sale of these products/services and the sharing of trip plans and user information.

>> Back to top

ELECTRONIC COMMUNICATIONS

When you visit iZento.com or send e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.

>> Back to top

INTELLECTUAL PROPERTY

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of iZento, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site, including the "look and feel" of the website, is the exclusive property of iZento, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of iZento, Inc. or its software suppliers and protected by United States and international copyright laws. iZento, Inc. and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify iZento, Inc. and the goods and/or services provided by iZento, Inc.. Such marks may not be used under any circumstances without the prior written authorization of iZento, Inc. One or more patents owned and/or applied for by iZento, Inc. relate to this site and to the features and services accessible via the site.

We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the iZento, Inc. website or service any materials that violate another party's intellectual property rights. If you believe that any material on the Site infringes upon any copyright which you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement to us at:

iZento, Inc.
1966 Tice Valley Blvd, #150
Walnut Creek, CA 95695
Email: info@iZento.com

>> Back to top

SITE ACCESS

Based on your compliance with this Agreement, iZento, Inc. grants you a limited license to access and, if registered, to use the Site for the purpose of receiving the services available and authorized from the Site. No person is authorized to modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Site, except though facilities provided by the Site for that purpose (i.e., Print and Share). You may download material from the Site provided you keep intact all copyright and other proprietary notices. The Site or any portion of the Site may not be exploited for any commercial purpose that is not expressly permitted by iZento, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of iZento, Inc. without express written consent. You may not use any meta tags or any other "hidden text" utilizing iZento, Inc.'s name or trademarks without the express written consent of iZento, Inc. Any unauthorized use terminates the permission or license granted by iZento, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of iZento, Inc. so long as the link does not portray iZento, Inc., or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any iZento, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.

>> Back to top

USER RESPONSIBILITY

If you use this Site, you agree to abide by the User Agreement and the processes and procedures described throughout the Site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. iZento, Inc. reserves the right to refuse service, terminate Accounts, or remove or edit content in its sole discretion.

>> Back to top

USER CONTENT

Registered Users may post reviews, notes, activities, appointments, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. iZento, Inc. reserves the right (but not the obligation) to edit or remove (without notice) any site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this User Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to iZento, Inc.

If you do post content or submit material to public areas of the site, and unless we indicate otherwise, you grant iZento, Inc. a nonexclusive, 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 throughout the world in any media. You grant iZento, Inc. and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify iZento, Inc. for all claims resulting from content you supply. iZento, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. iZento, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.

The Site is not intended for Users under the age of 18, and iZento, Inc. does not knowingly collect personally identifiable information from Users under the age of 18. Such Users are expressly prohibited from submitting their personally identifiable information to us; any information submitted by such Users will not knowingly be used, posted, or retained by us.

You agree not to disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site. Other than connecting to iZento, Inc.'s servers by http requests using a Web browser, you may not attempt to gain access to iZento, Inc.'s servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.

>> Back to top

THIRD PARTY CONTENT/WEB LINKS

iZento, Inc. makes available to Registered users on the Site various content and services provided by third parties. iZento, Inc. has no editorial control over such Third Party content and iZento, Inc. is not responsible for and does not monitor the Third Party content for accuracy or reliability. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers and Registered users, are those of the respective author(s) and not of iZento, Inc.. iZento, Inc. provides the Third Party content as a convenience and does not confirm or verify such Third Party content. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites. You acknowledge that your linking to any service or site is at your sole risk.

>> Back to top

DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND IZENTO, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, AFFILIATES AND THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. IZENTO, INC., ITS SHAREHOLDERS, AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

WITHOUT LIMITATION, IZENTO, INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION INCLUDED IN ANY ITINERARY CREATED THROUGH THE SERVICE. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION INCLUDED IN SUCH ITINERARIES AND IZENTO, INC. SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED INFORMATION IN SUCH ITINERARIES.

IZENTO, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FROM VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE IZENTO, INC., ITS SHAREHOLDERS, AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

>> Back to top

DISPUTES

If a dispute arises between you and iZento, Inc., you and iZento, Inc. agree that we will resolve any claim or controversy at law or in equity that arises out of this Agreement or our services in accordance with one of the alternatives below or as iZento, Inc., and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.

This Agreement will be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against iZento, Inc., must be resolved by a court located in Contra Costa County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Contra Costa County, California for the purpose of litigating all such claims or disputes.

For any claim (excluding claims for injunctive or other equitable relief), iZento, Inc. may elect to resolve the dispute through binding arbitration. In the event iZento, Inc., elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider and such arbitration shall be conducted in accordance with such provider's rules.

If you have a dispute with another User, you release iZento, Inc. (and our shareholders, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

You agree to defend, hold harmless and indemnify iZento, Inc. from and against any and all losses, costs, expenses, damages or other liabilities resulting from any demand or action brought by a third party against iZento, Inc. in connection with:

  • your use of the Site
  • your decision to supply credit information to/through the Site
  • your decision to submit postings and accept offers from other users, including the sharing of your trip plan information by travel agents with other agents and third parties
  • any breach of contract or other claims made by users with which you conducted business through the Site
  • your breach of any provision of this Agreement
  • any liability arising from the tax treatment of payments or any portion thereof
  • any negligent or intentional wrongdoing by any user
  • any act or omission of yours with respect to the payment of fees to product and service providers or other users you’ve engaged through the Site
  • your dispute of or failure to pay any invoice or any other payment and/or your obligations to product and service providers or other users you’ve engaged through the Site.

If any party to this Agreement institutes a suit or arbitration under this clause to enforce this Agreement, then, the prevailing party thereunder shall be entitled to its reasonable attorney's fees and costs. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

>> Back to top

ACCOUNT SUSPENSION/CANCELLATION

To cancel your Account, send an e-mail to info@izento.com with “Cancel My Account” as the subject of the e-mail and include the following information in the text field (Your full name, iZento, Inc. Username, Contact phone number for verifying your cancellation, reason for cancelling). iZento, Inc. will not process cancellation requests unless all of the foregoing information is provided. Your cancellation request will be effective within the following seven (7) business days. iZento, Inc. will send you an email confirmation once your Account has been cancelled. Once iZento, Inc. confirms your cancellation, your information will be removed from the Site, your profile will not be viewable, and you will no longer be able to complete itineraries via the iZento, Inc. system using your former profile.

We may suspend or cancel your Account if we believe that you have violated or acted inconsistently with the letter or spirit of the User Agreement and iZento, Inc. Policies, or violated our rights or those of another party. Without limiting iZento, Inc.'s other remedies, we will suspend or terminate your Account and refuse to provide any services if:

  • you have breached any terms and conditions of the User Agreement, the iZento, Inc. Policies and the other written policies and procedures posted on the Site
  • we are unable to verify or authenticate any information you provide to us
  • we believe that your actions may cause legal liability for you, our Users, or for iZento, Inc..

Once suspended or terminated, you may not continue to use the iZento, Inc. services under a different Account or re-register under a new Account. In addition, violations of the User Agreement and the iZento, Inc. Policies may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. iZento, Inc. reserves the right to terminate any Account or Itinerary for any reason, at its sole discretion and to reinstate your Account or refuse to provide an Account in the future. We will notify you if we cancel your Account, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification. When your Account is canceled, you may no longer have access to data, messages, files and other material which you kept on the Site.

>> Back to top

GENERAL

iZento, Inc. is a California Corporation located at 1250-I Newell Avenue, #144, Walnut Creek, CA 94596. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. This Agreement may not be assigned by you without the prior written approval of iZento, Inc. but may be assigned without your consent by iZento, Inc. to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this shall be void. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The User Agreement and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and iZento, Inc., except and solely to the extent expressly stated. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern this User Agreement. This Agreement, and all documents referenced herein, constitute the entire agreement between you and iZento, Inc. with respect to the subject matter hereof and supersedes all prior agreements between the parties as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site.

>> Back to top