CE Zoom Terms of Service

Use of the CE Zoom’s website and CE Zoom Services is subject to the following Terms of Service

Agreement:

CE Zoom™ Partners, LLC (“CE Zoom”) is the owner and operator of www.cezoom.com (the “Site”) and

provides a personalized service that allows users access to continuing education courses and other

services related to continuing education (“CE”).

CE Zoom Services means those services provided by CE Zoom allowing users access to continuing

education courses and materials, tracking individual CE, purchasing CE courses, viewing CE

presentations, presenting CE, offering CE, providing information on state specific requirements, and

other features, functionalities, websites, interfaces, and content associated with CE Zoom.

The CE Zoom Site, the CE Zoom Services, and all other services performed by CE Zoom are collectively

referred to as the “Platform”.

References to “us”, “we”, and “our” refer to CE Zoom or the Platform, as is appropriate in the context of

the use of these words.

References to “you” or “user” in these Terms of Service mean any type of user, individual, group, or

company using the Platform.

1. Your Acceptance

This Terms of Services document is a legally binding agreement (“Agreement”) between CE Zoom, and

you.

Accessing our Platform, requires you to click “I agree”, acknowledging that you agree to be bound by

this Agreement and the Privacy Policy. Users of our Platform must be 18 years of age or older. We

reserve the right to update or modify these Terms of Service at any time and without prior notice by

posting the revised version on our Platform. Should we amend our Terms of Service or Privacy Policy,

we may or may not notify you when we do so. Your use of our Platform following any such change

constitutes your agreement to be bound by the revised Terms of Service

PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT

YOUR RIGHTS.

By agreeing to these Terms of Service, you also agree to the terms of our Privacy Policy which is

expressly incorporated into this Agreement. Before using our Platform please carefully review our

Privacy Policy. All personal data provided to us as a result of your use of our Platform will be handled in

accordance with our Privacy policy.

If you do not agree to the Terms of Service or the Privacy Policy please cease using our Platform

immediately.

2. Signing Up For the CE Zoom Platform

Users may be required to register before accessing and/or using portions of the Platform. Your

information will be collected and disclosed in accordance with our Privacy Policy. Users wishing to

register as Presenters (defined below) may be subject to additional sign-up requirements. All users are

required to provide truthful and accurate information when registering for use of our Platform and must

be over the age of 18. Users may only register for one account and may not register for others. We

reserve the right to verify all user credentials and to reject, refuse or terminate the registration and

access of any user after registration for reasons including, without limitation, such user providing false,

incomplete or inaccurate information, or otherwise in breach of the terms of this Agreement.

Throughout this Agreement, the term “user” means your classification as a registered user of the

Platform. Users are broken into the following categories:

1. Professional – a user that registers and subscribes to access continuing education materials;

2. Presenter – a user that registers to present continuing education material that is

1. posted on the Platform,

2. provided at a live continuing education event (“Event”) managed by us,

3. self-study, or

4. on demand continuing education.

3. Exhibitor – a user that registers to participate at an Event to present advertisement or other

materials on its own behalf;

4. 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 Platform.

3. Platform Disclaimer

Users may be able to store their continuing education certificates (“Certificates”) via the Platform. Such

Certificates may be accessible to users via the Platform and may assist users in determining their

continuing education requirements. Please be aware that the Certificate storage offered via our

Platform and any other services offered is “as-is.” Additionally, any information or content found on our

Platform, including continuing education requirements, are offered only for informational and

educational purposes. CE Zoom does not guarantee the accuracy of the continuing education

requirements or that the requirements are up-to-date. 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

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 (as defined below) found on the Platform.

You understand that any Presenter Content or any other information may be inaccurate,

unsubstantiated or possibly even incorrect.

CE Zoom is not liable for any inconvenience, loss, liability, or damage resulting from any interruption of

the 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 Platform or to access any Certificates stored on the 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 Platform.

BY USING THE 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.

4. Use of CE Zoom

You are responsible for any use of the Platform made using your account. You agree not to access, copy,

or otherwise use the 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 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 Platform;
You will not use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Platform or to extract data;
You will not use automated bots or other software to send more messages through our Platform than humanly possible;
At CE Zoom’s sole discretion, you will not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
You will not collect or harvest any personally identifiable information, including account names, from the Platform;
You agree not to libel, defame, stalk, harass, bully, or harm another individual who uses our Platform;
You will not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
You will not hold CE Zoom responsible for your use of our Platform;
You will not to violate any requirements, procedures, policies or regulations of networks connected to CE Zoom;
You will not interfere with or disrupt the Platform;
You will not hack, spam or phish us or other users;
You will provide truthful and accurate content;
You will not violate any law or regulation and you solely are responsible for such violations;
You will not use our Platform to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
You will not use our Platform for any illegal or other unlawful activity; and
You will not cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of

any portion of our Platform, including the de-indexing or de-caching of any portion of our

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

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 Platform, but CE Zoom reserves the right to

suspend or terminate any account at any time without notice or explanation.

5. Our License Grant to You

After registering for our Platform, we grant you a personal, non-exclusive, revocable, non-commercial,

limited license to use our and access our Platform. As a user, you do not receive any ownership interest

in any portion of our 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 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 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 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 Platform.
You may not violate any of our additional policies.
You may not use our Platform except through specific channels provided by us.
You may not use the Platform on a computer that is used to operate nuclear facilities, lif support, or other mission critical applications where life or property may be at stake.
You may not attempt to interfere with or disrupt our Platform in any way.
You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or

derive income from the use or provision of the Platform unless enabled through the

functionality of our Platform.

Please be aware that this is not an all-encompassing list of restrictions. If you breach any of these

restrictions, or other perform other harmful actions toward CE Zoom, we may revoke your license to use

our Platform at our discretion. Additionally, we may revoke or restrict your access to our 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.

6. Platform Availability

Although we will try to provide continuous availability to you, we do not guarantee that the 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 Platform. You agree and acknowledge that the Platform uses

remote access and may not always be either 100% reliable or available. Only users who are eligible to

use our Platform may do so and we may refuse service or terminate your access at any time. We cannot

guarantee that anything found on our Platform will work as stated, or that it will give you any desired

results.

7. Modification of Platform

We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct

such modifications to our 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 Platform for security, legal or other purposes.

8. Intellectual Property

The name “CE Zoom”, the design of the CE Zoom 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 Platform. You agree to not engage in the use, copying, or

distribution anything contained within the Platform unless we have given express written permission.

9. Idea Submission

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) CE Zoom has no

obligation to review the Submission; (4) CE Zoom has no obligation to communicate with you regarding

any Submission; and (4) there is no obligation to keep any Submissions confidential.

10. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CE ZOOM 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 CE ZOOM SERVICE WILL OPERATE

IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE ANY CE ZOOM 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.

11. Limitation of Liability

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 PLATFORM OR ANY ERRORS, MISTAKES, OR

INACCURACIES FOUND WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF

ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (III) ANY

INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO

OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY

BE TRANSMITTED TO OR THROUGH OUR 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

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 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.

12. Indemnity

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 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 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 MAKING THE CLAIM AND YOU WILL BE LIABLE

FOR THE DAMAGES AS THOUGH WE HAD PROCEEDED WITH A TRIAL.

13. Copyrights

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.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of CE

Zoom, info@cezoom.com.

14. Choice of Law

This Agreement shall be governed by the laws in force in the state of TEXAS without regard to conflicts

of laws provisions. The offer and acceptance of this contract is deemed to have occurred in the state of

TEXAS.

15. Disputes

Any dispute relating in any way to your use of our Platform will be submitted to confidential arbitration

in San Antonio, Texas. Arbitration under this Agreement will 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 will be responsible for

their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration

under this Agreement will 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 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 will be brought solely in a court of

competent jurisdiction located within or otherwise nearest to San Antonio, Texas.

16. Severability

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 will have the sole right to elect which provision remains in

force.

17. Non-Waiver

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.

18. Assignment and Survival

You may not assign your rights or obligations under this Agreement to any other party without our prior

written consent. We may assign our rights or obligations under this Agreement to any other party

without the need of your consent and at our discretion. All portions of this Agreement that would

reasonably be believed to survive termination will 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.

19. Termination

Users may terminate this Agreement by providing written notice (via email) to CE Zoom

to info@cezoom.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 Platform.

20. Entire Agreement

This Agreement along with the Privacy Policy and any other supporting agreements provided by CE

Zoom constitutes the complete and exclusive understanding and agreement between the parties

regarding the subject matter herein and supersedes all prior or contemporaneous agreements or

understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of

any provision of this Agreement will be effective only if in writing and signed by a duly authorized

representative of each party.

21. Amendments

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 Platform.

22. Electronic Communications

The communications between you and CE Zoom use electronic means, whether you visit the Platform or

send CE Zoom e-mails, or whether CE Zoom posts notices on the 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.

23. California Users

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: info@cezoom.com. 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.

24. Specific Terms for Presenters

The following terms apply specifically to Presenters. Users wishing to be Presenters must properly

register and submit credentials as required by CE Zoom. 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 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 Platform for commercial purposes, but only as expressly permitted by CE Zoom.
Presenter’s may not attempt to interfere with or disrupt our Platform in any way.
Presenter’s may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to the 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.

25. Payments

Payment – CE Zoom may require Presenters to purchase access to portions of the Platform. When

paying for such access Presenters will be prompted to input their credit card information or pay through

a third-party payment portal. If credit card is chosen as the method of payment, the Presenter agrees

that we may charge the full amount listed at checkout to the Presenter’s credit card including taxes and

other fees. The Presenter’s credit card information will be shared with our third-party payment

processor. By purchasing anything from our 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 CE Zoom.

Recurring Payment – Before purchase, Presenters should carefully read any details regarding the

services offered for purchase on our Platform. Some purchases may have monthly or periodically

recurring billing cycles.

By purchasing access to our 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.

26. Refunds

At CE Zoom we want Presenters to be satisfied with the services offered via our Platform. However, as

we offer online services via the Platform, no refunds can be granted. If a Presenter believes that he or

she is entitled to a refund, please contact us at info@cezoom.com. Please be aware that any refunds

granted are at our sole and final discretion.

27. Presenter Content

The content (e.g. slides, photos, visuals, etc.) provided by Presenter (“Presenter Content”) is 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 Platform

may be modified or removed at any time at our discretion.

When submitting any Presenter Content to our 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 Presenter 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 (“Presenter Content License”). It is important for the Presenter to grant us this

license so that we may transmit the Presenter Content to other users through our 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

Platform.

28. Presenter Warranties

Presenter represents, warrants, and covenants as follows:

Presenter owns and has the right to use 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 for its use;
Presenter has the ability and the right to grant the permissions required to effectuate the Presenter Content License and this Agreement;
Presenter has not entered into any previous agreements which would limit its ability to undertake or perform the Presenter Content License and this Agreement;
Presenter will comply in good faith with CE Zoom’s directions and all other agreements provided; and
Presenter is capable of undertaking the Presenter Content License and this Agreement without

infringing on the rights of third parties.

29. Specific Limitations of Liability and Disclaimers for Presenter

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 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

PLATFORM OR CE ZOOM SERVICES. WITHOUT LIMITING THE ABOVE, THE PLATFORM, CE ZOOM

SERVICES, 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,

MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, CE ZOOM DOES NOT

REPRESENT OR WARRANT (A) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON

THE PLATFORM, (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.

30. Relationship of Parties

CE Zoom is acting as an independent contractor in performing any services contemplated under this

Agreement and the relationship between the CE Zoom and Presenter does 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) 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) has no

authority to represent CE Zoom, to enter into any contracts, or to assume any liabilities on behalf of CE

Zoom.

Last Updated: February 19, 2024

Terms of Service - Agency