Terms & Conditions

  (1)     USER ACCEPTANCE.
By using or visiting any website owned and operated by izo, Inc. dba DanceOn (“izo”, “we”, “us” or “our”), including the website located at the URL: www.DanceOn.com (collectively, including all Content available through the DanceOn.com domain name and/or other related domain names which may point or direct a User to this website, collectively, the “the izo Website”, or “Website”), any mobile applications of izo (“App”), the izo and DanceOn channels on YouTube and other social media websites (including, without limitation, Facebook, Instagram, Twitter and Snapchat), any network partners in the izo and DanceOn Networks, the izo and DanceOn voting modules associated with izo and DanceOn programming, and izo’s other online services, if applicable (collectively, "Services"), you signify your assent to both these terms and conditions (the “Terms of Use” or “Agreement”) and the terms and conditions of izo’s Privacy Policy, which is published at the izo Website and which is incorporated herein by reference. If you do not agree to any of these terms, then please do not use the izo Website or Services.  Further, the izo Website and Services are intended for users 13 years of age or older, and if you are not yet 13 years old, your use of the izo Website and Services is prohibited. If, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the izo Website or Services immediately. By using or attempting to use the izo Website or Services, you are expressly certifying that either (a) you are at least 18 years of age and meet all other eligibility requirements for your use of the izo Website and Services or, (b) if you are 13 years of age or older but under the age of 18 or otherwise incapable of entering into this Agreement, you shall obtain your parent’s or legal guardian’s affirmation and acceptance of this Agreement. When we use the term “Agreement” we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your Postings and use of Communities and Content (all as defined below), any features, functions and services we make available to you from time to time through our Website or Services, any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters (”Rules”) and any additional terms and conditions referred to in any of the foregoing documents. These Terms of Use and our use of the term “Agreement” also includes our Privacy Policy. All of these are hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect until terminated in accordance with Section 10 of this Agreement or as long as you are a User of the izo Website or Services, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.
The words “use” or “using” in this Agreement, means any time an individual (a “User”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the izo Website or Services, transmit, receive or exchange data or communicate with the izo Website or Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the izo Website or Services. This Agreement does not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.

 

PLEASE NOTE THAT THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE MOST DISPUTES. PLEASE REVIEW SECTION 16 (DISPUTE RESOLUTION) BELOW FOR MORE INFORMATION.

 

  (2)     MODIFICATIONS.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the izo Website or via the Services and we may also e-mail you about these changes. Once we post them on the izo Website or Services, these changes become effective immediately and if you use the izo Website or Services after they become effective it will signify your agreement to be bound by the changes. The effective date will be indicated by the “Last Updated” date specified at the end of the Terms of Use. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. izo also reserves the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the izo Website or Services at any time, without any liability or obligation to you, with or without notice.


 

  (3)     PRIVACY.
izo respects your privacy and the use and protection of your non-public and personally identifiable information (“Personal Information”). Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the izo Website or Services. If you have any questions regarding izo’s Privacy Policy, you may send your question to us by e-mail to admin@izo.com.


 

  (4)     THE IZO WEBSITE AND HYPERLINKS TO THE WEBSITES OF THIRD PARTIES.
These Terms of Use apply to all Users of the izo Website or Services, including Users who are also contributors of audio content, video content, information, and other materials or services on the Website or Services. the izo Website and Services may contain links to third party websites that are not owned or controlled by izo. izo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the izo Website or Services or any other form of link or re-direction of your connection to, with or through the izo Website or Services, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of izo, its partners, licensees, parents, subsidiaries, affiliates, assigns, related companies and successors and all of their respective officers, directors, employees, representatives, licensors, suppliers, service providers, successors and permitted assigns, attorneys and agents (collectively, “Affiliates”). We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices, or any goods or services associated with or obtained in connection with any such site, whether izo’s or any Affiliate’s logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how izo collects and uses your Personal Information and information regarding co-branding relationships. In addition, izo will not and cannot censor or edit the content of any third-party site. By using the Website or Services, you expressly relieve izo from any and all liability arising from your use of any third-party website. Accordingly, we strongly suggest that when you leave the izo Website or Services that you read the terms and conditions and privacy policy of each other website that you visit.


 

  (5)     WEBSITE ACCESS.


a.        izo hereby grants you permission to use the izo Website and Services as set forth in these Terms of Use, provided that: (i) your use of the izo Website and Services as permitted is solely for your personal, noncommercial use (unless izo otherwise grants you written permission to do so); (ii) you will not copy or distribute any part of the izo Website or Services in any medium without izo’s prior written authorization; (iii) you will not alter or modify any part of the izo Website or Services other than as may be reasonably necessary to use the izo Website or Services for their intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

(b)     In order to access some features of the izo Website or Services, you may have to create an account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify izo immediately of any breach of security or unauthorized use of your account. Although izo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of izo or others due to such unauthorized use.

(c)     You agree to abide by the “RULES OF CONDUCT” referenced in Section 10 below and not use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the izo Website or Services in a manner that sends more request messages to izo servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, izo grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. izo reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the izo Website or Services, nor to use the communication systems provided by the izo Website or Services for any commercial solicitation purposes.


 

  (6)     INTELLECTUAL PROPERTY RIGHTS.
The content on the izo Website and Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to izo, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the izo Website and Services is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. izo reserves all rights not expressly granted in and to the izo Website, Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the izo Website or Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the izo Website, Services or the Content therein.


 

  (7)     WEB COMMUNITIES, FORUMS AND POSTINGS
the izo Website and Services may now, or in the future, contain forum services, web communities, and other message and communication facilities (“Communities”) that may provide you and other Users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other Users and/or with us and these are referred to in this Agreement as a “Post” or “Posting.”
izo reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that izo deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public, and not private, and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, izo shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.
You use the Communities solely at your own risk and izo neither endorses nor controls User Postings available, delivered or displayed in the Communities and izo assumes no duty to monitor or endorse Postings within the Communities, nor does izo represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement and you should never rely upon any Posting as being true, accurate or reliable.
You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not izo, are entirely responsible for the consequences of all your Postings on the Communities or otherwise on the izo Website or Services. Postings do not reflect the views of izo or any Affiliates. In no event shall izo or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the izo Website or Services; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your account on the izo Website, Services and/or the Communities.
If a Posting originates from you or your User ID, you hereby agree that:
(a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize the izo Website, Services and Affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting izo and its Affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;
(b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to izo, any Affiliates or any User, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;
(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant izo and Affiliates the right to use such Posting as described above; and
(d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).
The amount of storage space on the izo Website or Services per User is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.


 

  (8)     ADVERTISING.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (“Advertisers”) as a result of or in connection with your use of the izo Website or Services. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).


 

  (9)     PROMOTIONS.
From time to time, izo’s, the Affiliates’, or the izo Website’s or Services’ service providers, suppliers, and Advertisers may conduct promotions on or through the izo Website or Services, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have additional Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement; provided, however, if there is any conflict between the Rules for any particular Promotion and these Terms of Use, the Rules shall govern for that Promotion.


 

  (10)        RULES OF CONDUCT.
Your use of the izo Website and Services is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. We reserve the right to terminate your use of the Website or Services at any time, in our discretion. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID or as a result of your use of the Website. In order to provide a positive experience and protect the safety of all Users of the Website and Services, all Users must adhere to the following rules (the “Rules of Conduct”), and failure to do so may result in the suspension or termination of your use of the Website or Services:

 

You shall not use, allow, or enable others to use the izo Website or Services, or knowingly condone use of the izo Website or Services by others, in any manner that is, attempts to, or is likely to:

   

(a)     Promote violence or other illegal acts, be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else. Users who engage in such conduct may have their Content removed and accounts terminated, and also may be subject to serious criminal consequences in certain jurisdictions.

 

(b)     Send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”. Spamming activities may include but are not limited to, sending or posting mass messages or content, posting duplicative content, political campaigning, chain letters, posting promotional or commercial content, and posting false or misleading content. You also may not engage in username squatting; accounts that are inactive for more than six months may be removed without further notice.

 

(c)     Be used for commercial or business purposes, without the prior written consent of izo, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;

 

(d)     Transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;

 

(e)     Forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;

 

(f)      Violate or infringe any patent, trademark, trade secret, copyright or other proprietary, publicity or privacy rights of any third party. (Please refer to our Copyright Policy for more information on how to protect your copyrights.)

 

(g)     Violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or any other rights of ours or of any other person, firm or enterprise;

(h)     Gain unauthorized access to the izo Website or Services, other Users’ accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to the izo Website or Services or to use the izo Website or Services in any manner which violates or is inconsistent with the terms and conditions of this Agreement;

 

(i)       Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the izo Website or Services or the rights, privacy, account security, or use and enjoyment of the izo Website or Services by any other person, firm or enterprise;

 

(j)       Collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the izo Website or Services, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

 

(k)      Promote or endorse regulated goods and services such as alcohol, gambling, tobacco, firearms/weapons, pharmaceuticals, or other goods and services regulated in the United States and other countries in which the Website or Services are available.

 

(l)       Affect us adversely or reflect negatively on izo, the izo Website or Services, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the izo Website or Services, or from advertising, linking or becoming a supplier to us in connection with the izo Website or Services.

 

izo may, in its sole discretion, remove Content that it believes violates these Rules of Conduct, or is otherwise objectionable, even without receiving a complaint of a potential violation. If you see something on the Website or Services that you believe violates these Rules of Conduct, please report it to us. Also, please keep in mind that something you may find objectionable may not violate these Rules of Conduct, and vice-versa.

 

izo may change these Rules of Conduct from time to time and reserves the right to do so. We encourage you to regularly review this page for any updates.

 

 


  (11)        FEES, BILLING AND PAYMENT.  Certain of our services in connection with the izo Website or Services may be subject to payments in the future (the “Paid Services”). Access to and participation in Paid Services may be subject to separate written agreements between you and izo, and you shall not be entitled to receive any Paid Services in the absence of such an agreement. In the event of a conflict between the terms of this Agreement and any such written agreement, the terms of such other written agreement shall control. Any fees that may be paid to izo in connection with this Agreement shall be non-refundable.

 

  (12)        WARRANTY DISCLAIMER.
YOU AGREE THAT YOUR USE OF THE IZO WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IZO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE IZO WEBSITE, SERVICES AND YOUR USE THEREOF. IZO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE IZO WEBSITE’S OR SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE IZO WEBSITE OR SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE IZO WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE IZO WEBSITE OR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE IZO WEBSITE OR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IZO WEBSITE OR SERVICES. IZO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IZO WEBSITE OR SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IZO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

THE IZO WEBSITE AND SERVICES ARE CONTROLLED AND OFFERED BY IZO FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. IZO MAKES NO REPRESENTATIONS THAT THE IZO WEBSITE AND SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE IZO WEBSITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

 

  (13)        LIMITATION OF LIABILITY.
IN NO EVENT SHALL IZO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR OTHER PERSONS CONSTITUTING A RELEASED PARTY, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IZO WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IZO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF IZO AND/OR ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE IZO WEBSITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID TO IZO (IF ANY) BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT IZO SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR ANY OFFENSIVE MATERIALS OR OFFENSIVE CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


 

  (14)        INDEMNITY.
You agree to defend, indemnify and hold harmless izo and its Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of these Terms of Use; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; and (iii) any claims that User-generated content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the izo Website or Services.


 

  (15)        ASSIGNMENT.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by izo without restriction.


 

  (16)        DISPUTE RESOLUTION. The laws of the State of California (subject to the Federal Arbitration Act discussed below) will govern these Terms of Use without giving effect to any principles of conflicts of laws.

 

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully.  It is part of your agreement with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

(a)     Applicability of Arbitration Agreement. All claims, causes of action and disputes between us that cannot be resolved in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  This Arbitration Agreement applies to you and izo and to any of our licensors or third party providers and their subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services provided under the Terms of Use.

 

(b)     Arbitration Rules.  The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”), that offers arbitration as set forth in this section.  If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, (“Arbitration Rules”). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 800-352-5267.  Any hearing will be held in a location within Los Angeles, California, unless the parties agree otherwise.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

(c)     Authority of Arbitrator.  The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us. 

 

(d)     Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.  In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award, to the extent allowed by law, YOU AND IZO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. 

 

In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, izo will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation.

 

(e)     Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE INDIVIDUAL OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL OR USER.  In the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California.

 

(f)      Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

 

(g)     Survival. This Arbitration Agreement will survive the termination of your relationship with izo.

 

(h)     Modification.  Notwithstanding any provision in these Terms of Use to the contrary, we agree that if izo makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to izo.

 

(i)       Small Claims Court.  Notwithstanding the foregoing, either you or izo may bring an individual action in small claims court.

 

(j)       Courts.  In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for such purpose.

 

  (17)        APP STORE. If you elect to download the App, the following also applies: izo grants you a personal, revocable, non-exclusive, non-transferable license (without a right to sublicense) to download, install and use a copy of the App on a single mobile device or computer that you own or control and that runs the operating system for which it was intended, solely for your personal and professional use, subject at all times to this Agreement. When you download our App, you may do so through a third party’s app store (“App Store”). You acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store (“App Store Owner”).  As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for our Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store Owner. The following also applies to any App downloaded from a third party’s App Store (“App Store Sourced Application”):

 

(a)       Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms.

 

(b)       You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

 

(c)       In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between izo and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of izo.

 

(d)       You and we acknowledge that, as between izo and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

(e)       You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between izo and the App Store Owner, izo, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

 

(f)        You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

 

(g)       Without limiting any other terms in this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

 

  (18)        GENERAL.
 These Terms of Use, together with the Privacy Policy at www.izo.com and any other legal notices published by izo on the izo Website or Services, shall constitute the entire agreement between you and izo concerning the izo Website and Services. If any provision of these Terms of Use is deemed invalid by any arbitrator or a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and izo’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

Last Updated August 29, 2016