CE Zoom Terms of Service

Your Acceptance

Welcome to the Terms of Service for the CE Zoom website. This is an agreement ("Agreement") between CE Zoom ("CE Zoom"), the owner and operator of www.cezoom.com ("Site"), any CE Zoom products and services offered through the Site(collectively the "Platform") and you ("you", "your" or "user(s)"), a user of the Site and Platform.

Throughout this Agreement, the words "CE Zoom," "us," "we," and "our," refer to our company, CE Zoom and our Site or Platform, as is appropriate in the context of the use of the words.

By clicking "I agree", accessing our Site, or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Service or Privacy Policy and may notify you when we do so. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.

If you do not agree to the Terms of Service or the Privacy Policy please cease using our Site and Platform immediately. Users of our Platform must be 18 years of age or older.

Signing Up For the Platform

Users may be required to register before accessing portions of the Site or 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 our Site and 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 any users.

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. 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 found on the 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 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 to the Platform or to access any Certificates stored on the Platform; inability to understand or confirm your continuing education requirements; failure of 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 Site or 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.

Use of CE Zoom

When using our 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 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 agree to abide by the following:

You will not copy, distribute or disclose any part of the Site or 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 Site or 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;
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 Platform;
You agree not to libel, defame, stalk, harass, bully or harm another individual who uses our Site or 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 or 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 or 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 or Platform to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
You agree not to use our 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, including the de-indexing or de-caching of any portion of our Site 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.

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 Platform and access our Site. As a user, you do not receive any ownership interest in any portion of our Site or the 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 Site or 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 or Platform.
You may not violate any of our additional policies.
You may not use our Site or Platform except through specific channels provided by us.
You may not use the Site or 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 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 Site.

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 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.

Site and Platform Availability

Although we will try to provide continuous availability to you, we do not guarantee that the Site or 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. You agree and acknowledge that the Site uses remote access and may not always be either 100% reliable or available. Only users who are eligible to use our Site may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Site will work as stated, or that it will give you any desired results.

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.

Intellectual Property

The name "CE Zoom", the design of the CE Zoom Platform and Site 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 and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Platform unless we have given express written permission.

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) there is no obligation for CE Zoom to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

Disclaimer

THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CE Zoom, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM OR SITE; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO CE Zoom OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

CE Zoom DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. CE Zoom DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. CE Zoom DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND CE Zoom SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

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.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by CE Zoom's 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. 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.

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 Site and 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/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

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.
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, info@cezoom.com.

Choice of Law

This Agreement shall be governed by the laws in force in the state of New Mexico. The offer and acceptance of this contract is deemed to have occurred in the state of New Mexico.

Disputes

Any dispute relating in any way to your visit to the Site or our Platform shall be submitted to confidential arbitration in Farmington, New Mexico. 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 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.

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 shall have the sole right to elect which provision remains in force.

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.

Assignment and Survival

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.

Termination

Users may terminate this Agreement by providing written notice (via email) to CE Zoom. CE Zoom may terminate this Agreement at any time by providing written notice (via email) to any specific user.

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.

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 Site and our Platform.

Electronic Communications

The communications between you and CE Zoom use electronic means, whether you visit the Site or Platform or send CE Zoom e-mails, or whether CE Zoom posts notices on the Site or 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.

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.

Specific Terms for Presenters

The following terms apply specifically to Presenters wishing to use the 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 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.

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. 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 or 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 Platform or Site. 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.

Refunds
Presenter Content

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 Platform may be modified or removed at our discretion.

When submitting any Presenter Content to our Site and 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 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.

Presenter Warranties

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.

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 THE CE ZOOM WIDGET. WITHOUT LIMITING THE ABOVE, THE 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 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.

Relationship of Parties

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: August 20, 2015