CE Zoom Terms of Service
Use of the CE Zoom™ Partners, LLC web site, on-line Site/Platform https://www.cezoom.com and its contents is subject to the following Terms of Service Agreement:
This Terms of Services document is a legally binding agreement (“Agreement”) between CE Zoom™ Partners, LLC (“CE Zoom”), the owner and operator of www.cezoom.com , and any and all CE Zoom services offered through the Site’s Site/Platform at https://www.cezoom.com/login/ (collectively the “Site/Platform”) and You (“you”, “your” or “user(s)”), a user of the Site/Platform, as a purchaser of courses or events or tracking services, or as a presenter or company offering courses or events or using tracking services, or any other type user.
Throughout this Agreement, the words “CE Zoom,” “us,” “we,” and “our,” refer to our company, CE Zoom Partners, LLC, and our Site/Platform, as is appropriate in the context of the use of the words.
Throughout this Agreement, the term “User Type” means your classification as a registered user of the Site/Platform. User Types are broken into the following categories:
- Professional – a user that registers and subscribes to access continuing education materials;
- Presenter – a user that registers to present continuing education materials that is posted on the Site/Platform and/or provided at a live continuing education event (“Event”) managed by us; or self-study or on demand continuing education.
- Exhibitor – a user that registers to participate at an Event to present advertisement or other materials on its own behalf;
- Company/Companies – an entity that (i) registers to provide its employees or agents access, as Professionals, to view continuing education materials; (ii) registers with us to manage Events for the Company’s invitees, employees or agents access to continuing education live, web-simulcast, or self-study / on demand continuing education presentations on their behalf; or (iii) registers to upload continuing education materials available for viewing on the Site/Platform.
Users may be able to store their continuing education (CE) certificates (“Certificates”) via the Site/Platform. Such Certificates may be accessible to users via the Site/Platform and may assist users in determining their continuing education requirements. Please be aware that the Certificate storage offered via our Site/Platform and any other services offered is “as-is.” Additionally, any information or content found on our Site/Platform, including continuing education requirements, are offered only for informational and educational purposes. You agree that you are solely responsible for determining your continuing education requirements and agree to release us from any liability we may have in providing you such information. Further, CE Zoom may verify the Presenters found on its Site/Platform but does not endorse, recommend, and is not otherwise affiliated with any Presenter. Further, you agree that we are not responsible for Presenter Content found on the Site/Platform. You understand that any Presenter Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect. Additionally, we shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Site/Platform, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to access the Site/Platform or to access any Certificates stored on the Site/Platform; inability to understand or confirm your continuing education requirements; failure related to a communications satellite; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation of or access to the Site/Platform. By using the Site/Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users, Presenters, or other third parties will be limited to a claim against the particular users, Presenters or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from CE Zoom with respect to such actions or omissions.
When using our Site/Platform, you are responsible for your and for any use of CE Zoom made using your account. You agree not to access, copy, or otherwise use the CE Zoom Site/Platform, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by CE Zoom. You acknowledge that the name CE Zoom is trademarked (#87929921) as CE Zoom™ whether or not the trademark symbol is reflected.
Per the terms of this Agreement, you agree to abide by the following:
- You will not copy, distribute or disclose any part of the Site/Platform in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site/Platform;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site/Platform or to extract data;
- You will not use automated bots or other software to send more messages through our Site/Platform than humanly possible;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not collect or harvest any personally identifiable information, including account names, from the Site/Platform;
- You agree not to libel, defame, stalk, harass, bully or harm another individual who uses our Site/Platform;
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree that you will not hold CE Zoom responsible for your use of our Site/Platform;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to CE Zoom;
- You agree not to interfere with or disrupt the Site/Platform;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate content;
- You agree to not violate any law or regulation and you solely are responsible for such violations;
- You will not use our Site/Platform to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
- You agree not to use our Site/Platform for any illegal or other unlawful activity; and
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site/Platform, including the de-indexing or de-caching of any portion of our Site/Platform from a thirty party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site/Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site/Platform, but CE Zoom reserves the right to suspend or terminate any account at any time without notice or explanation.
After registering for our Site/Platform, we grant you a personal, non-exclusive, revocable, non-commercial, limited license to use our and access our Site/Platform. As a user, you do not receive any ownership interest in any portion of our Site/Platform; you merely receive the aforementioned license listed above. If you are a Presenter you may be subject to additional licensing provisions. All rights not explicitly granted are reserved for CE Zoom.
Please be aware that you are responsible for your use of our Site/Platform. Additionally, you agree to abide by the following licensing restrictions listed below:
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Site/Platform or any portion of it.
- You may not share your license with any other parties.
- You may not violate or infringe other people’s intellectual property, privacy, or other rights while using our Site/Platform.
- You may not violate any laws, rules or procedures of the United States.
- You may not attempt to transmit any malicious or unsolicited code through our Site/Platform.
- You may not violate any of our additional policies.
- You may not use our Site/Platform except through specific channels provided by us.
- You may not use the Site/Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
- You may not attempt to interfere with or disrupt our Site/Platform in any way.
- You may not sell, lease, loan, distribute, transfer, or sublicense the Site/Platform or access to it or derive income from the use or provision of the Site/Platform unless enabled through the functionality of our Site/Platform.
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Site/Platform at our discretion. Additionally, we may revoke or restrict your access to our Site/Platform if we believe that your actions may harm us or any of our users. Failure by us to revoke your license does not act as a waiver of your conduct.
Although we will try to provide continuous availability to you, we do not guarantee that the Site/Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Site/Platform. You agree and acknowledge that the Site/Platform uses remote access and may not always be either 100% reliable or available. Only users who are eligible to use our Site/Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Site/Platform will work as stated, or that it will give you any desired results.
We reserve the right to alter, modify, update, or remove our Site/Platform at any time. We may conduct such modifications to our Site/Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site/Platform for security, legal or other purposes.
The name “CE Zoom”, the design of the CE Zoom Site/Platform along with the CE Zoom created text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by or licensed to CE Zoom, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. CE Zoom reserves all rights not expressly granted in and to the Site/Platform. You agree to not engage in the use, copying, or distribution anything contained within the Site/Platform unless we have given express written permission.
CE Zoom or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to CE Zoom. The sole purpose of this policy is to avoid potential misunderstandings or disputes when CE Zoom’s products might seem similar to ideas you submitted to CE Zoom. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of CE Zoom, without any compensation to you; (2) CE Zoom may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for CE Zoom to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL PROGRAMS AND SERVICES (AS DEFINED AT THE OUTSET OF THESE TERMS OF SERVICE) AND ANY RELATED INFORMATION OR PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CE ZOOM DOES NOT WARRANT THAT ANY SERVICE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE ANY SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, CE ZOOM DOES NOT WARRANT THAT (A) THE PROGRAMS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE PROGRAMS OR SERVICES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE PROGRAMS, SERVICES OR INFORMATION OBTAINED THROUGH OR FROM THE PROGRAMS OR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, SECURE OR RELIABLE, OR (D) ANY DEFECTS IN OR ON THE PROGRAMS OR SERVICES WILL BE CORRECTED. CE ZOOM MAKES NO REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SERVICES, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE PROGRAMS AND SERVICES MAY BE IMPAIRED.
EXCEPT INSOFAR AS THE FOLLOWING LIMITATION MAY BE PROHIBITED BY APPLICABLE LAW, CE ZOOM SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR EARNING POWER, LOSS OF DATA, LOSSES DUE TO ERRORS OR INTERRUPTION IN AVAILABILITY OF ANY SERVICES, UNAVAILABILITY OF ANY PROGRAM, SERVER OR COMMUNICATIONS FACILITY, OR DAMAGES DUE TO ACTS OR OMISSIONS OF OTHERS USING ANY SERVICE OR PARTICIPATING IN A PROGRAM), ARISING OUT OF OR RELATING TO THE AGREEMENTS, THE SERVICES OR THE PROGRAMS, INCLUDING WITHOUT LIMITATION YOUR AND OTHERS’ USE OF OR INABILITY TO USE ANY SERVICE, OR YOUR PARTICIPATION IN ANY PROGRAM, OR YOUR SUBMISSION OR USE OF USER CONTENT, OR OTHERS’ USE OF YOUR USER CONTENT, OR YOUR INTERACTION WITH OTHER PROGRAM PARTICIPANTS (WHETHER ONLINE OR IN PERSON), OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY PROGRAM OR SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW. CE ZOOM’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE AGREEMENTS, THE SERVICES OR THE PROGRAMS (INCLUDING, WITHOUT LIMITATION, IN THE WAYS DESCRIBED IN THE PRECEDING SENTENCE), WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, WILL NOT EXCEED THE GREATER OF (1) THE TOTAL AMOUNT OF FEES RECEIVED BY CE ZOOM FROM YOU OR ON YOUR BEHALF FOR OR IN CONNECTION WITH THE SERVICES AND ANY PROGRAMS IN ANY TWELVE MONTH PERIOD OR (2) U.S.$100. THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT CE ZOOM HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CE ZOOM, AND THAT THESE LIMITATIONS ARE ESSENTIAL TO CE ZOOM’S WILLINGNESS TO MAKE THE SERVICE AND PROGRAMS AVAILABLE TO YOU. EACH OF THESE DISCLAIMERS AND LIMITATIONS IS INTENDED TO BE SEPARATELY ENFORCEABLE, REGARDLESS OF WHETHER ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OR REGULATIONS OF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN NO EVENT SHALL CE ZOOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SITE/PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE SITE/PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE/PLATFORM, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE/PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE/PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR IN OR AT THE PROPERTY WHERE THE SITE/PLATFORM OR THE CE ZOOM EQUIPMENT HAS BEEN USED, WHETHER AS A RESULT OF BURGLARY, THEFT, FIRE, SMOKE, PHYSICAL HARM TO ANY PERSON, THE CONDUCT OF ANY PERSONS IN OR ON THE PROPERTY, OR OTHERWISE . THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
These Terms of Service give you specific legal rights and you may also have other rights which vary from country to country, state to state. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Service may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Service shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO USE OUR SITE/PLATFORM.
CE Zoom has no liability to users for any Presenter materials, including all Presenter Content (defined below), copy, images, URL names, and anything else provided by Presenters.
You agree to defend, indemnify and hold harmless CE Zoom, its officers, directors, employees and agents, 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:
- your use of and access to the CE Zoom Site/Platform;
- your violation of any term of this Agreement; or
- your violation of any third party right, including without limitation any copyright, property, or privacy right.
This defense and indemnification obligation will survive this Agreement and your use of the CE Zoom Site/Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of CE Zoom, firstname.lastname@example.org.
This Agreement shall be governed by the laws in force in the state of TEXAS. The offer and acceptance of this contract is deemed to have occurred in the state of TEXAS.
Any dispute relating in any way to your visit to our Site/Platform shall be submitted to confidential arbitration in San Antonio, Texas. Arbitration under this Agreement shall be conducted pursuant to the applicable rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site/Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Farmington, New Mexico.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with CE Zoom are deemed to conflict with each other’s operation, CE Zoom shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.
Users may terminate this Agreement by providing written notice (via email) to CE Zoom to email@example.com. CE Zoom may terminate this Agreement at any time by providing written notice (via email) to any specific user. Termination results in no further user access to the CE Zoom Site/Platform.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site/Platform.
The communications between you and CE Zoom use electronic means, whether you visit the Site/Platform or send CE Zoom e-mails, or whether CE Zoom posts notices on the Site/Platform or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from CE Zoom in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that CE Zoom provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about CE Zoom must be sent to our agent for notice to: firstname.lastname@example.org. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The following terms apply specifically to Presenters wishing to use the Site/Platform. Users wishing to be Presenters must properly register and submit credentials as required by CE Zoom. After sign up CE Zoom, at its sole discretion, may review a user’s application and approve the user to become a presenter (“Presenter”).
Please be aware that Presenters are responsible for their use of our Site/Platform. Presenters are subject to the license granted in Section 5 of this Agreement.
Additionally, Presenters agree to abide by the following licensing requirements:
- Presenter’s may not attempt to advertise or market to users except as expressly permitted by CE Zoom.
- Presenter’s may not scrape or attempt to identify users and contact such users except as expressly permitted by CE Zoom.
- Presenter’s must abide by any additional policies as set forth by CE Zoom.
- Presenter’s must provide truthful and accurate Presenter Content (defined below).
- Presenter’s may use the Site/Platform for commercial purposes, but only as expressly permitted by CE Zoom.
- Presenter’s may not attempt to interfere with or disrupt our Site/Platform in any way.
- Presenter’s may not sell, lease, loan, distribute, transfer, or sublicense the Site/Platform or access to the Site/Platform.
CE Zoom reserves the right to refuse to grant this license or to revoke this license at any time and at its discretion. Failure of CE Zoom to revoke Presenter’s license does not act as a waiver of a Presenter’s conduct.
Payment – CE Zoom may require Presenters to purchase access to portions of the Site/Platform. When paying for such access Presenters will be prompted to input their credit card information or pay through a third-party payment portal. The Presenter agrees that we may charge the full amount listed at checkout to the Presenter’s credit card including taxes or other fees. The Presenter’s credit card information will be shared with our third-party payment processor. By purchasing anything from our Site/Platform the Presenter also agrees to the terms and conditions of our third-party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us.
Recurring Payment – Before purchase, Presenters should carefully read any details regarding the services offered for purchase on our Site/Platform. Some purchases may have monthly or periodically recurring billing cycles.
By purchasing access to our Site/Platform, PRESENTER EXPRESSLY AGREES THAT WE MAY CHARGE THE AMOUNT LISTED AT THE CE ZOOM CHECKOUT SCREEN AND ACKNOWLEDGE THAT SOME PAYMENTS MAY RECUR MONTHLY OR PERIODICALLY. FOR RECURRING PAYMENTS, PRESENTER EXPLICITLY AUTHORIZES US TO CHARGE THE PRESENTER’S CREDIT CARD MONTHLY OR FOR THE PERIOD LISTED.
At CE Zoom we want Presenters to be satisfied with the services offered via our Site/Platform. However, as we offer online services via the Site/Platform, no refunds can be granted. If a Presenter believes that he or she is entitled to a refund, please contact us at email@example.com. Please be aware that any refunds granted are at our sole and final discretion.
The content provided by Presenter (“Presenter Content”) shall be subject to CE Zoom’s discretionary approval and must comply with all applicable laws and regulations (including all laws respecting intellectual property rights). Please be aware that we are not required to host, display, migrate, or distribute any Presenter Content and we may refuse to accept or transmit any Presenter Content. Presenter agrees that he or she is solely responsible for any Presenter Content submitted and releases us from any liability associated with any Presenter Content submitted. Presenter understands that we cannot guarantee the absolute safety and security of any such Presenter Content. Any Presenter Content found to be in violation of this Agreement or that is determined to be harmful to the Site/Platform may be modified or removed at our discretion.
When submitting any Presenter Content to our Site/Platform, Presenter represents and warrants that he or she owns all rights to the Presenter Content and has paid for or otherwise has permission to use any Presenter Content submitted.
When a Presenter submits any Content to us, Presenter grants CE Zoom, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of the Presenter Content. It is important for the Presenter to grant us this license so that we may transmit the Presenter Content to other users through our Site/Platform. Additionally, although Presenter owns the Presenter Content submitted, we own all layouts, arrangement, metadata and images that are used to render the Presenter Content through our Site/Platform.
Presenter represents, warrants, and covenants as follows:
- Presenter owns and operates all Presenter Content;
- Where the Presenter does not own the Presenter Content, Presenter agrees that such Presenter Content has been properly licensed to the Presenter;
- Presenter has the ability and the right to grant the permissions required to effectuate this Agreement;
- Presenter has not entered into any previous agreements which would limit its ability to undertake or perform this Agreement;
- Presenter will comply in good faith with CE Zoom’s directions and all other agreements provided; and
- Presenter is capable of undertaking this Agreement without infringing on the rights of third parties.
Unless otherwise provided in this Agreement, in no event shall CE Zoom be liable to the Presenter for any lost profits or any special, incidental, consequential, exemplary, punitive or other indirect damages of any nature, for any reason, whether based on breach of contract, tort (including negligence), or otherwise and whether or not either has been advised of the possibility of such damages.
UNDER NO CIRCUMSTANCES SHALL CE ZOOM BE LIABLE TO ANY PRESENTER FOR AN AMOUNT GREATER THAN THE AMOUNTS PAID BY PRESENTER FOR ACCESS TO THE SITE/PLATFORM.
DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY, CE ZOOM CANNOT GUARANTEE THAT THERE WILL BE NO DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE SITE/PLATFORM OR THE CE ZOOM WIDGET. WITHOUT LIMITING THE ABOVE, THE SITE/PLATFORM, CE ZOOM WIDGET AND ANY OTHER MATERIALS PROVIDED TO PRESENTER ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, AND CE ZOOM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, CE ZOOM DOES NOT REPRESENT OR WARRANT (A) THATTHERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE/PLATFORM OR WIDGET, (B) THAT A PARTY’S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS, OR (C) ANY INFORMATION WILL BE CORRECT, COMPLETE, OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU. Where not permitted CE Zoom does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
The Presenter agrees that CE Zoom is acting as an independent contractor in performing any services contemplated under this Agreement and that the relationship between the CE Zoom and Presenter shall not constitute a partnership, joint venture or agency. Neither CE Zoom nor any of CE Zoom’s employees or agents (i) is an employee, agent or legal representative of Presenter, or (ii) shall have any authority to represent Presenter or to enter into any contracts or assume any liabilities on behalf of Presenter. Neither Presenter nor Presenter’s employees or agents (i) is an employee, agent or legal representative of CE Zoom, or (ii) shall have any authority to represent CE Zoom or to enter into any contracts or assume any liabilities on behalf of CE Zoom.
Last Updated: April 15, 2022