PRODUCT TERMS & CONDITIONS
This Terms and Conditions of Use Agreement is a legally binding agreement between you and the seller Andishe Farahmand, RDN at Pass The RD Exam, INC. Agreement sets forth the terms and conditions for your use of the product(s) such as Andishe’s A-Z Series Course or individual class recordings. This Agreement is between you and the Owner only, and not with any other person or entity. The Owner is solely responsible for the services, content, and materials provided through the Product. You acknowledge and agree to be bound by the terms of this Agreement. This Agreement shall become effective between you and the Owner by clicking “Complete Order” “Purchase” or any other phrase on the purchase button, entering your credit card information or other billing methods (either in full or partial payment), and may only be terminated for the reasons set forth below.
DISCLAIMER AND LIMITATION OF LIABILITY
Nothing in this Agreement shall be construed as a promise or guarantee from using the Product. The Owner makes no such promises or guarantees such as passing your RD exam. By purchasing the Product, you acknowledge and agree to accept any and all risks associated with and arising out of your use of the Product, whether foreseeable or unforeseeable. You agree that the Owner will not be liable for any damages resulting from any delay or denial in the use of the Product, any errors or system failures in the use of the Product, any other failure of performance of any kind, or any use or misuse of the Product and is at your own risk. In no event shall the Owner be liable for any indirect, direct, special, punitive, exemplary, or consequential damages arising out of your use of the Product. If no exclusion or limitation of liability is allowed, our liability is limited to the fullest extent permitted by law, and in no event shall our cumulative liability to you exceed the purchase price of the Product. Your use of the Product is at your own risk and is for educational purposes only. You acknowledge and agree that the Owner is not responsible for your success or lack thereof.
PRODUCT ACCESS
This Product may be transmitted by the Owner through a third-party platform via Kajabi. The owner reserves the right to substitute service at any time, provided that it is of a comparable nature and value and it is reasonable for the Owner to do so as determined by the Owner. Access is presently available to the Product through Kajabi. The Owner is not liable for any limitation of access to the Product caused by a third-party platform.
. Your purchase of the Product (Andishe’s A-Z Series) gives you access to the videos and notes for 4 months, APP access for life, and 4 x 30 min 1:1s with a tutor (starting October 2023). The notes are viewable ONLY! The setting will not change.
. If you are purchasing class recordings separately you will have 14 days of access.
. If you decide to do the live series, you only have access to the notes for the time of the LIVE and app access for life! For the live sessions, lectures will be delivered LIVE via Zoom. You are not to record anything manually. All payments are due at once. The notes are viewable ONLY! The setting will not change.
EXTENTION
Live A-Z series extension: extended access time (to the notes) is available by paying $50 USD per month. You will gain access to the notes after speaking to the tutor about what you need. Payment could be through Zelle/PayPal.
Prerecorded A-Z Series extension: extended access time (to the notes/videos) is available by paying $200 USD for another 4 months. This means you can extend access to the notes and the videos for another 4 months by paying $200 USD. You must email/text me about this. Payment could be through Zelle/PayPal.
1:1 Meetings
Meetings will be scheduled with the student over the phone/via email. A no-show and failure to notify the tutor with cancelations 24 hours before the appointment date/time, results in cancelation of the session. Example: you have an appointment on Monday, August 1st at 10 am, and you do not show up/tell me you would like to postpone the session: I am NOT obligated to give you another session to make up for it. Respect everyone’s time! If you know you can’t make the session in time, let me know beforehand. This assures integrity and allows me to book other students in your place.
This Product is transmitted to you through a digital download. If you are unable to access your download after the purchase, please contact me via [email protected] If you purchase the prerecorded A-Z Series: you acknowledge and agree that if you choose a payment plan, the Product will be transmitted to you in increments based on the length of the payment plan and the amount of content provided in the Product.
You will not gain access to the Product in its entirety until all payments under the payment schedule have been made in full. If payment fails for any reason and is not remedied immediately within 1 business day, no further content of the product will be delivered to you. You will retain access only to the portion of the Product for which payment has been made. This means the printed material could be yours, and any/all material you have already watched and used. You do not get access to watch them again unless payment is made again.
Under this Agreement, the Owner is available to you to answer any questions via the following channels: Gmail and at the following email [email protected]
Please join the Free Facebook Group “Pass The Dietitian Exam”.
INTELLECTUAL PROPERTY - LICENSE AND RESTRICTIONS
The Product contains intellectual property that belongs to the Owner. All rights reserved. Purchase of the Product grants you a limited, revocable, non-exclusive, non-transferable license to use the Product for the individual purposes intended. This does not grant you a license to sell, rent, copy, record, share, or otherwise transmit or disseminate the Product or any materials provided in connection with the Product, with anyone else for commercial or non-commercial use. Any content from the Product shall not be reproduced, republished, uploaded, posted, transmitted, distributed, or publicly displayed in any manner without written permission from the Owner.
Any violation by you of the license provisions contained herein may result in immediate termination of your license to use the Product, and your access to use will be revoked. Violating this license may result in charges to you from the Owner for the license you sold, shared, or otherwise transmitted. We reserve the right, title, and interest not expressly granted under this license to the fullest extent permitted under applicable laws.
You acknowledge that the intellectual property contained in the Product is the property of the Owner and may be protected by applicable copyright and other intellectual property laws and subject to use restrictions under those laws. The Product may contain trademarks, service marks, graphics, and logos that are the property of the Owner. Your purchase does not grant you a license to use such. You acknowledge and agree that if there is any intellectual property in the Product that is from a third-party, your use of the Product does not give you ownership rights or license to use such.
PAYMENT POLICY
You agree and authorize the Owner to charge your designated payment type (credit card or other billing method) for the full purchase price of the Product. If you choose a payment plan, you agree to pay in accordance with the payment schedule specified in the option you choose at checkout and authorize the Owner to charge your billing method the amount specified in the payment schedule for each scheduled payment without additional separate authorization. If payments fail for any reason (an updated credit card is needed, payment information update is required, credit card expired, etc), you agree to resolve it immediately, within 1 business day. If your billing method is not updated or fixed within 1 business day, access to the Product will be permanently revoked.
You agree to not make any chargebacks to the Owner’s account or cancel your credit card or billing method used without the prior written consent of the Owner. In the event a chargeback or merchant dispute is commenced by you with your financial institution for the services received under which payment was owed and you are successful in recovering these funds, the Owner will provide this contract to the financial institution as well as evidence of your receipt of services. You agree to pay for any fees associated with the Owner having to recover payments, including but not limited to, collection fees and attorneys’ fees. The Owner reserves the right to report any chargeback incident to credit reporting agencies as a delinquent account.
REFUND POLICY
Due to the digital nature of the Product, the Owner does not offer refunds under any circumstances.
PROHIBITED USE
You acknowledge that the Product is to be used for the purposes intended above and not for any unlawful purpose or any purpose prohibited by the terms of this Agreement. The Owner reserves the right to terminate your access to the Product without notice if your use has not been in accordance with the terms of this Agreement. The Product is intended solely for users who are eighteen (18) years of age or older. Your purchase and use of this product is your representation that you are at least 18 years of age.
INDEMNIFICATION
You acknowledge and agree to indemnify and hold the Owner harmless, including costs and attorneys’ fees, from any claim or demand, made against you due to or arising out of your use of the Product or your violation of this Agreement; any infringement of third-party rights by you arising out of your use of the Product, such as any intellectual property or other rights of any person or entity arising out of or related to any products or services purchased by you in connection with the Product or offered by a third party through the Product.
NO WARRANTY
The Product is provided “as is” and without any warranty of any kind, express or implied. The owner does not warrant or represent that the Product is to always be complete, free from errors or omissions, accurate, or up-to-date at all times.
SEVERABILITY
If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.
WAIVER
You acknowledge and agree that the failure of the Owner to enforce any provision of this agreement shall not be deemed a waiver of the Owner’s rights under this Agreement to
subsequently, enforce any provision of this Agreement.
GOVERNING LAW
This Agreement is governed by the laws of the state of California. By purchasing our products/services, you agree that any and all disputes arising out of or in connection with this agreement shall be brought exclusively in the state of California, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.
ENTIRE AGREEMENT
You acknowledge and agree that this Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding.