By completing your purchase of a Cup of Zest Media LLC digital product (hereinafter the “Product”), you, the purchaser (hereinafter “Buyer”) enters an agreement with Cup of Zest Media LLC ("Company") and agree to the following terms:
Product Deliverables
The Product is a digital download. Company agrees to provide the content as promised on the Product checkout page, which includes:
- A downloadable copy of the Product.
Buyer will retain access to the Product for the life of the Product, meaning for as long as Company offers and maintains the Product. It is then Buyer’s responsibility to download all materials from the Product before immediately.
Privacy Policy
Company's Privacy Policy is hereby incorporated by reference into this agreement. Buyer understands that Company will be providing educational content to Buyer and that Company’s obligations under this Agreement exist only while Buyer is a paying member of the Product and that Company’s obligations will cease once Buyer or Company cancels Buyer’s membership.
Buyer also understands that Company is not providing one-on-one service on behalf of Buyer.
Payment
In consideration of Buyer’s access to the Product, Buyer agrees to pay the listed price for each individual product.
Buyer hereby authorizes Company to charge Buyer’s credit card or debit card automatically as part of Buyer’s payment plan if initiated.
No Refunds
Company has a strict no refund policy on the Product. Buyer understands and agrees to this.
Cancellation
Buyer may not cancel their payments for the Product and understands that they are responsible for paying for the Product in full upon purchase. Should Buyer fail to make timely payment, Company may immediately suspend Buyer’s access to the Product and pursue whatever remedies available to collect the balance owed.
Company may cancel Buyer’s Product at any time for any reason.
Intellectual Property
Company owns the rights to all content in the Product such as texts in the forms of guides, books, explanations and the like, as well as other graphics, logos, images, downloads, and other like materials. Buyer’s participation in the Product does not transfer any intellectual property rights to Buyer. Company grants Buyer a single-use, non-exclusive, non-transferable, revocable license to any and all Product content. Buyer agrees not to creative any derivative works of the content found in the Product.
Force Majeure
Company shall not be liable or responsible to Buyer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Independent Contractor
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Company agrees only to provide Client with access to the Product, which provides education and information. The information contained in the Product, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
Severability
If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.
Liability
Buyer agrees to absolve and do hereby absolves Company of any and all liability or loss Buyer may suffer or incur as a result of use of the Product and/or any information and resources contained in the Product. Buyer agrees that Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Product.
Warranty
Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Product for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Assignment
Buyer may not assign this Agreement without express written consent of Company.
Modification
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website.
Indemnification
Buyer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of Buyer’s use of or inability to use the Product and related services, any user postings made by Buyer, your violation of any terms of this Agreement or your violation of any rights of a third party, or Buyer’s violation of any applicable laws, rules or regulations.
Dispute Resolution
Buyer expressly waives any and all claims, now or in the future, arising out of or relating to the Product. To the extent Buyer attempts to assert any such claim, Buyer hereby expressly agrees to present such claim only in the small claims courts in Los Angeles, CA.
Contact Information
Amail: help@cupofzest.com
Address: 14329 Chandler Blvd., Sherman Oaks, CA 91401
Last Updated: November 15, 2022