Please read the User Agreement below carefully as it contains important information regarding your legal rights, remedies and obligations. By accessing or using any of our website or our services, you are entering into a legal contract with CE today. The User Agreement governs your use of our services. Accordingly, by your access or use you agree to be bound by the terms and conditions of the User Agreement described herein and all updated User Agreements incorporated by reference. If you do not agree to all of these terms and conditions, do not use the sites or the services.
THIS IS AN AGREEMENT between you or the entity that you represent (hereinafter "user", "you" or "your") and CE today, Inc., a California corporation having its principal place of business at 315 Bay Street, 2nd Floor, San Francisco, CA 94133 (hereinafter "CE today", "we", "us" or "our") governing your use of the CE today website and suite of online applications, and other information provided as part of the CE today services (hereinafter "Services").
The terms and conditions of this User Agreement (hereinafter "Agreement") are defined under "GENERAL TERMS AND CONDITIONS".
You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you do not agree to the Agreement, do not use any of the Services. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance or by actually using the Services.
GENERAL TERMS AND CONDITIONS
1. Term of Contract
The Agreement will commence when you access and use the CE today website.
2. Your Obligations
2.1 Applicable Laws and the Agreement
2.2 Sign up Credentials
You agree to: (a) Provide true, accurate, current and complete information about yourself; (b) keep your password secure and confidential; (c) not permit others to use your account; (d) inform us immediately of any unauthorized use of your user account by email or by calling us on any of the numbers listed on our website; and (e) be solely responsible for all activities that occur in your user account.
We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account.
2.3 Illegal Activities and Unauthorized Activities
You agree not to use the Services for any illegal or unauthorized activities. Illegal and unauthorized activities include but are not limited to the following:
- Use other users’ accounts. Sell, trade, or otherwise transfer your CE today account to another party. Charge anyone for access to any portion of CE today using your user account. Create a user profile for anyone other than a natural person. Misrepresent your identity, your qualifications or your affiliations.
- Transmit material that is unlawful, inaccurate, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, sexism, and xenophobia.
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on CE today’s infrastructure, including, but not limited to, sending unsolicited communications to other users or CE today personnel. Use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email.
- Transfer, sell/re-sell, license, sublicense, lease, timeshare, sponsor, rent, loan, trade, duplicate, publish, broadcast, transmit, distribute, display, rebrand, or otherwise make available to any third party the Services, or any functionality of CE today, without the express written permission of CE today.
- Adapt, modify, translate, or create derivative works based on CE today or technology underlying the Services. Decompile, reverse engineer, disassemble, decipher or otherwise attempt to derive any source code from the Services.
- Infringe or use CE today’s brand, logos and/or trademarks, including, without limitation, using the word "CE today" in any business name, email, or URL or including CE today’s trademarks and logos except expressly permitted by CE today. Remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Services. Engage in "framing", "mirroring", or otherwise simulating the appearance or function of CE today’s website.
- Use the third party links to the CE today website without agreeing to their website User Agreements. Post links to third party websites or use their logo, company name, etc. without their prior written permission.
- Attempt to or actually override any security component included in or underlying CE today. Attempt to gain unauthorized access to CE today, or transmitting or activating computer viruses through or on CE today. Use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods on CE today.
- Submit information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships or that which infringes or may infringe on intellectual property or other rights of another.
- Utilize or copy information, content or any data you view on and/or obtain from CE today to provide any service that is competitive, in our sole discretion, with CE today. Access CE today, via automated or manual means or processes, for purposes of monitoring CE today’s availability, performance or functionality for any competitive purpose.
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by CE today unless you have entered into a written agreement with CE today.
- Deep-link to the Site for any purpose, (i.e. including a link to a CE today web page other than CE today’s home page) unless expressly authorized in writing by CE today. Attempt to or actually access CE today by any means other than through the interfaces provided by CE today such as by navigating to https://www.CEtoday.com using a web browser. This prohibition includes accessing or attempting to access CE today using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including CE today.
We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity. We further reserve the right to take legal action against you for such breaches of this Agreement if we deem it necessary.
3. Service Eligibility
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from the Services, or not otherwise prohibited from having a CE today account, (c) are not a competitor of CE today or are not using the Services for reasons that are in competition with CE today; (d) will only maintain one CE today account at any given time; (e) have full power and authority to enter into the Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any rights of CE today, including intellectual property rights such as copyright or trademark rights; (g) agree to pay for Services when required to do so; and (h) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
4. Your Rights
On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable license and right to access the Services, through a generally available web browser, mobile device or application, view information and use the Services that we provide on the CE today website and in accordance with the Agreement. Any other use of CE today contrary to our mission and purpose is strictly prohibited and a violation of the Agreement. We reserve all rights not expressly granted in the Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in CE today and all related items, including any and all copies made of the CE today website.
5. Services Availability
For as long as CE today continues to offer the Services, CE today shall provide and seek to update, improve and expand the Services. As a result, we allow you to access CE today as it may exist and be available on any given day and have no other obligations, except as expressly stated in the Agreement. We may modify, replace, refuse access to, suspend or discontinue CE today, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. CE today further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by CE today to be contrary to the Agreement. Please note that CE today has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
6. Subscription to Trial Service
We may offer certain Services as closed or open trial services ("Trial Service" or "Trial Services") for the purpose of evaluation. You agree that we have the sole authority and discretion to determine the period of time for evaluation of Trial Services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to the Trial Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Trial Services with or without notice to you. You agree that CE today will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Trial Services for any reason.
7. Fees and Payments
Subscriptions to paid Services are available on monthly and yearly subscription plans. In case of paid services, we process your payments using PayPal Express Checkout. PayPal will process your credit card directly. Subject to your prior consent and where necessary for processing future payments, your credit card information will be stored in encrypted form on PayPal’s secure servers and will not be stored by us.
If you do not wish to renew the subscription, you agree to inform us at least seven days prior to the renewal date. In the event of early termination of your subscription, you will not be refunded the subscription fee for the unused portion of the subscription period.
CE today reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan.
8. User Posted Content
You may post content when using CE today Projects and CE today Forums. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Further, you expressly agree that CE today will have the right to block access to or remove such content made available by you, if CE today receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and posting any content using such Services, you represent and warrant that: (a) you are entitled to submit the content and that such content is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights; (b) CE today is not under any obligation of confidentiality, express or implied, with respect to the content; (c) CE today shall be entitled to use or disclose (or choose not to use or disclose) such content for any purpose, in any way, in any media worldwide; (d) you irrevocably assign to CE today all rights to your Contributions; and (e) you are not entitled to any compensation or reimbursement of any kind from CE today under any circumstances.
Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services, you affirm that you have the consent, authorization or permission, as the case may be, from every person who may claim any rights in such content to make such content available in such manner.
If you wish to protest any blocking or removal of content by CE today, you may contact our legal department.
9. Communications from CE today
The Services may include certain communications from CE today, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. You agree that CE today may communicate with you through your CE today account or through other means including email, mobile number, telephone, or delivery services including the postal service about your CE today account or services associated with CE today. Please review your email setting to control what kind of messages you receive from CE today. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
10. User-to-User Communication, Sharing and Interaction
CE today offers various public spaces such as CE today Projects and CE today Forums, where you can post your projects, observations and comments on designated topics. CE today also enables sharing of information by allowing users to exchange messages.
Please note that any information you share may be seen and used by other users, and CE today cannot guarantee that other users will not use the ideas and information that you share on CE today. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to CE today Projects or CE today Forums. CE TODAY IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY CE TODAY COMMUNITY FORUMS SUCH AS THE CE TODAY BLOG, GROUPS OR ANSWERS.
You are solely responsible for your interactions with other users. CE today reserves the right, but has no obligation, to monitor disputes between you and other users and to restrict, suspend, or close your account if CE today determines, in our sole discretion, that doing so is necessary to enforce the Agreement.
12. Third Party Sites
CE today is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to access Third Party Sites, you do so at your own risk and agree that the Agreement does not apply to your use of any Third Party Site.
13. Disclosure of User Information
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (a) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (b) enforce the Agreement; (c) respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, or government agency; (d) respond to customer service inquiries; or (e) protect the rights, property, or personal safety of CE today, our users or the public.
14. Export Restrictions
Your use of CE today services, including our online applications, is subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use of the Services.
You agree and warrant not to, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
All logos and any other product or service name or slogan contained in the CE today website are trademarks of CE today and may not be copied, imitated or used, in whole or in part, without the express prior written permission of CE today. In addition, the look and feel of our website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of CE today and may not be copied, imitated or used, in whole or in part, without our express prior written permission.
You agree to indemnify and hold harmless CE today, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violation of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by CE today.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CE TODAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CE TODAY MAKES NO WARRANTY THAT THE SERVICES WILL BE SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM CE TODAY, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
CE TODAY IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH CE TODAY TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
CE TODAY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, CE TODAY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
CE TODAY DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. CE TODAY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING.
FURTHERMORE, CE TODAY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE CE TODAY SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
IF YOU ARE DISSATISFIED OR HARMED BY CE TODAY OR ANYTHING RELATED TO CE TODAY, YOU MAY CLOSE YOUR CE TODAY ACCOUNT AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 20 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
18. Sample files and Applications
CE today may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. CE today makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
19. Limitation of Liability
YOU AGREE THAT CE TODAY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF CE TODAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CE TODAY RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL CE TODAY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
CE today may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. In addition, we reserve the right to suspend your user account and disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity, requests by law enforcement or other government agencies, or upon reasonable belief that you have violated this User Agreement. The termination or suspension shall be effective immediately or as may be specified in the notice. Objections to termination or suspension of user accounts should be made to the CE today legal department within thirty days of being notified about the termination or suspension.
You may terminate the Agreement, for any or no reason, at any time, with notice to CE today. We will terminate your user account on your request.
Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.
21. Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and backup of your data by email. The data deletion policy may be implemented with respect to any or all of the Services.
22. Dispute Resolution
22.1 Applicable Law and Venue for Legal Disputes
The Agreement or any claim, cause of action or dispute ("claim") arising out of or related to the Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access CE today, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and CE today agree that all claims arising out of or related to the Agreement must be resolved exclusively by ADR, as provided in paragraph 22.2, except for suits involving injunctive and other equitable relief, which shall be filed in state or federal court located in the City and County of San Francisco, California, which shall be the venue for the purpose of litigating all such claims.
22.2 Resolution of Disputes through ADR
For any claim (excluding claims for injunctive or other equitable relief) the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. Arbitration shall be initiated by a party through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered and enforced in any court of competent jurisdiction. If the parties fail to agree to an ADR provider within thirty days, any party can initiate a claim with the American Arbitration Association under its commercial arbitration rules. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered and enforced in any court having jurisdiction thereof. The prevailing party is entitled to all costs of arbitration including reasonable attorney’s fees.
If any provision of this User Agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions.
24. Notices and Service of Process
CE today accepts service of process at the following address:
CE today, Inc.
315 Bay Street, 2nd Floor
San Francisco, CA 94133
25. Modifications to User Agreement
We reserve the right to modify, supplement or replace the User Agreement upon notice to you at any time. It is your responsibility to regularly check our website to determine if there have been changes to the User Agreement and to review such changes. If you do not agree to the modified terms, you must stop using the Services.
You will be provided notice of any such modification by email or by publishing the changes on our website. Your continued use of the Service after notice of any change to the User Agreement will be deemed to be your agreement to the modified terms.
26. No Informal Waivers, Agreements or Representations.
Our failure to act with respect to a breach of the Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by CE today shall be deemed legally binding, unless documented in a physical writing hand signed by a duly appointed officer of CE today.
27. No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
28. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute CE today Inc. for any third party that assumes our rights and obligations under the Agreement.
29. Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
30. Entire Agreement
You agree that the Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of the Agreement. You also may be subject to additional User Agreements and conditions that may apply when you use certain other CE today services.