JENN PHAN CO

TErms & CONDITIONS

Last Updated: 12/01/25.

PLEASE NOTE: THE UNAUTHORIZED USE OR COPYING OF THIS DOCUMENT IS IN DIRECT VIOLATION OF INTELLECTUAL PROPERTY LAWS AND IS STRICTLY PROHIBITED!

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY BEFORE USING JENNPHAN.COM and all of Gum Drop Creatives, LLC dba Jenn Phan Co’s websites and pages (hereinafter collectively referred to as the “Site”).

PURPOSE. These Terms and Conditions are here to clearly explain, outline, and lay out the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.

IMPORTANT NOTES

By using the Site in any capacity, you voluntarily agree to these Terms and Conditions. You agree that you have read, understood, and consented to these Terms and Conditions. By using the Site, you agree to the Terms and Conditions as stated herein, regardless of whether or not you have read these Terms and Conditions. If you have any questions, please contact us at compliance@jennphan.com.

These Terms and Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms and Conditions, you agree to the Arbitration Clause in Paragraph No. 26 and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

1. Definitions.

“Company”, “We”, “I”, “Our”, or “Us” means Gum Drop Creatives, LLC dba Jenn Phan Co, the owner of the Site, and jennphan.com.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name(s), address(es), email address(es), telephone number(s), credit card information, site behavior, etc.

“Site, Courses, Services, and/or Products” and “Content” means jennphan.com (as defined herein), any and all written, visual, video, or audio information contained on the Site, including email list/newsletters, text, communications, emails, logos, designs, graphics, documents, information, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, templates, webinars, website materials, YT Video Accelerator™ and YT Systemized™. and/or templates available on the Site.

“Site” means jennphan.com and any and all of the Company’s associated pages, Content, tabs, landing pages, forms, or sub-pages.

“You” or “Your” means the user, customer, or viewer of the Site.

2. Consent to These Terms and Conditions.

By using the Site and/or making any purchase or downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms and Conditions, Terms of Use, and Privacy Policy.

By using the Site and/or making any purchase, you represent and warrant that you are at least 18-years-old. Any use of, or access to, the Site and its Content by anyone under the age of eighteen (18) is unauthorized and in direct violation of these Terms and Conditions, Terms of Use, and the Privacy Policy. If you are under 18-years-old, you must not access or use the Site.

3. Site Rules.

By using the Site and/or making any Purchase, you hereby agree and consent not to:

  • Abuse or harass any person through or on the Site.
  • Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
  • Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
  • Post or transmit any “spam” or unwanted, unsolicited content.
  • Post copyrighted materials, photographs, or content which do not belong to you.
  • Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
  • Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

4. Changes to These Terms and Conditions.

We reserve the right to change, amend, or otherwise alter these Terms and Conditions at any time without notice to you. When changes are made to these Terms and Conditions, we will update the “Updated” date at the top of this page. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. If you do not agree with these Terms and Conditions, please do NOT use our Site, read or implement its Content, or purchase or download anything from us.

5. Links to Third-Party or External Websites.

The Site may contain or include website links to third-party or external websites. These external websites are not under the control of the Company and therefore, the Company is not responsible for the contents of these external sites, including without limitation any link continued in these sites, or any changes or updates on these sites. Typically, these links are provided so that you may directly access a site that contains relevant information or as a convenience. Providing these links does not imply endorsement by the Company (unless an affiliate relationship is noted).

Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms and conditions.

6. Affiliates.

From time to time, the Company participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission (paid as a referral fee directly from those companies at no extra cost to you) when you make purchases via those affiliate links.

Please note, however, that, as a company policy and best practice, we will only recommend products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.

These recommendations are based upon our personal experience, good-faith opinions, and/or or our own research. They are not intended as full endorsements or statements that the information provided by the other party is absolutely accurate and/or perfect for your particular situation. We provide this information as a reference only.

We recommend that you conduct your own investigation to make sure that these affiliate offers are right for your business and will benefit you before you make the purchase.

We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

7. Reviews.

At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review.

Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this Site.

We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product.

8. Testimonials.

At various places on this Site (or on our social media platforms linked to this Site), you may find testimonials from clients and customers of the products and services offered on this Site or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Site.

Although these are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not guarantee of results that you or anyone else will obtain by using any products or services offered on this Site or by the Company.

9. Guests.

The Company may, from time-to-time, provide information from a third party in the form of a podcast guest interview, interview on other platforms, guest blog post, or other medium. We do not control the information provided by such third-party guests, are not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any podcast or blog/video post offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

10. Communications.

You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.

For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal site pages, calendars, blog comment sections, link to social media platforms (where communications can be submitted as comments) and/or other message communication facilities designed to enable you to communicate with the public at large or with a group (collectively referred to as “Communication Services”), you agree to use these Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials at our discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part at our sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

11. Your License to Us.

By posting, uploading, inputting, or commenting on the Site, via contact form, email, or social media, or submitting documents to Gum Drop Creatives, LLC dba Jenn Phan Co, you warrant and represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

Materials Provided to the Site, via Email, and/or Social Media

The Company does not claim ownership of the materials you provide to the Site, (including feedback and suggestions) or post, comment, input or submit to any Site, via email or social media, or our associated services (collectively referred as “Submission”).

Any communications made through the Site, our contact form, blog, blog comments, newsletter signup, social media platforms, or other related pages, or directly to our phones or mailing or email address is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on the Site, servers, comments, emails, or other media as allowed by U.S. law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments, social media comments, or emails.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

Similarly, the Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion.

12. Our Limited License to You.

If you view, access, or purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.

You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms and Conditions, Terms of Use and Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

13. Intellectual Property Ownership.

In addition to the above and furthermore, in more details, you are granted a non-exclusive, non-transferable, revocable license to access and use the Site and the resources available for download from the Site strictly in accordance with these Terms and Conditions.

The Company’s Content is not for resale. Your use of the Site or any of the resources available for download from the Site does not entitle you to make any unauthorized use of any protected Content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected Content solely for your individual use, and will make no other use of the Content without the express written permission of the Company, who is the copyright owner. You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the Intellectual Property of the Company except as expressly authorized by these Terms and Conditions.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site or any of the resources available for download from the Site.

It is a violation of federal law to use and/or claim any of the Intellectual Property (in whole or in part) as your own or your unique creation (even with attribution), and modification of any materials is illegal. This is considered theft to steal, infringe, or otherwise violate these Terms and Conditions. And we reserve the right to prosecute infringers to the fullest extent permissible by criminal or civil statute in any jurisdiction allowed, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our Intellectual Property immediately.

As a condition of your use of the Site, you warrant to the Company that you will not use the Site or any of the resources available for download from the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site or any resources available for download from the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

The Site and its Content are intellectual property solely owned by Gum Drop Creatives, LLC dba Jenn Phan Co. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws and proprietary rights. You may not use such Content of the Company without prior written permission from the Company. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

Request for Permission to Use Content:

If you wish to use, publish, or access any of the Program’s Content or related materials, you must do so by requesting and receiving written permission prior to commencing use of the same by emailing us at compliance@jennphan.com. 

14. Paid Courses, Programs, and Associated Material.

The Company, from time-to-time, provides various courses, programs, and associated material for sale on this Site. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively referred to as the “Program”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or, in any way, exploit any of the Program in any manner.

By ordering or participating in the Program, you agree that the Program you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By purchasing or using the Program, you further agree that you will not create any derivative work based upon the Program and you will not offer any competing products or services based upon any information contained in the Program.

Please refer to the Terms of Use for more information.

15. Sharing the Site and Its Content.

You must request and receive written permission by email compliance@jennphan.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Gum Drop Creatives, LLC dba Jenn Phan Co.

16. Accessing the Site, Purchase and Access Terms and Account Security.

We reserve the right to withdraw or amend this Site and any service or material we provide on the Site in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some part of the Site, or the entire Site, to users, including registered users.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and any resources downloaded from the Site that all the information you provide on the Site is corrected, current, and complete. You agree that all information you provide to register, with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

During the course of your use, purchase, and/or download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms and Conditions. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your purchases or downloads.

Any violations of these Terms and Conditions will be legally pursued to the fullest extent permitted by law.

You agree to notify us immediately of any unauthorized access to or use of your username(s) or password(s) or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to disable any username(s), password(s) or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, if, in our opinion, you have violated any provision of these Terms and Conditions.

For our Refund Policy and Payment Plans information for all of the Company’s Program, products and/or services, please refer to the Terms of Use.

17. Disclaimers.

Our Content is for informational and educational purposes only, and is based on our personal experience. By using the Site, you understand that we are not an attorney, CPA, accountant, and/or financial advisor. You should consult a professional in those areas (financial, legal, accounting, etc.) where you live or work to discuss issues or questions pertaining to your particular legal, financial, or business situation.

Although we have done our best to ensure that the information provided on this Site and its Content are up-to-date, available, and provide valuable information, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for the information, its safety or efficacy as it applies to you.

Nothing available on or through this Site should be taken as a substitute for professional advice from someone who is aware of the facts and circumstances of your specific situation. The Company expressly recommends that you see advice from a professional to address your particular circumstance.

Neither the Company or any of its employees or owners will be held liable or responsible for any errors or omissions on this Site or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the Site and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, loss of profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

18. Your Assumption of the Risk.

You agree and understand that you are to use your best judgment in the use of the Site, its Content, and the Courses, Services, and Products. You agree that you are using the Site, its Content, and the Courses, Services, and Products at your own risk and that you assume all risks. You further agree that no results have been guaranteed by us or the Site, its Content, and the Courses, Services, and Products. Purchases and use of the Site, its Content, and the Courses, Services, and Products are at your own risk. It is your responsibility to determine whether the risk of purchase and/or use is worth taking.

The Site is purely educational and informational in nature. You, and no one else, are solely responsible for your behavior, actions, purchases, decisions, client relationships/interactions, business decisions, and business results based on the use, or misuse, of the Site, its Content, and the Courses, Services, and Products - including any purchase you make.

We are not responsible for your personal actions, decisions, indecisions, or choices at any time. You will not hold, or try to hold Gum Drop Creatives, LLC dba Jenn Phan Co responsible or liable at any time for your use of the Site or your purchase, download, use, or implementation of any of Gum Drop Creatives, LLC dba Jenn Phan Co’s Course, Services, and Products, including all templates, documents, worksheets, or forms.

19. Earnings Disclaimer - No Claims Made Regarding Results.

Every effort has been made to accurately represent our programs and the educational value they provide. However, there is no guarantee that you will earn any money using the techniques and ideas in these materials. You agree that you understand individual outcomes will vary. You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectations of any level of success or earnings.

When we present revenue and sales figures on this Site and our other channels, we are often showcasing exceptional results, which do not reflect the average experience. Case studies or testimonials are not indicative of typical results. Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples.

Each individual approaches the Program with different backgrounds, disposable income levels, motivation, experiences, skills, level of effort, education, changes within the market, and other factors that are outside of our control. Therefore, we cannot guarantee your success merely upon purchase or access of the Program or related materials. And nothing will be interpreted as a guarantee that you will experience the same results as another client of ours.

We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Program.

Given the complexity of business and marketing, there are so many factors at play regarding whether or not your business will, among other things, succeed, make money, or attract clients. Gum Drop Creatives, LLC dba Jenn Phan Co is not responsible or liable for the success or failure of your business or your business actions, decisions, or lawsuits of any kind.

20. Default and Remedies.

If you breach or threaten to commit a breach of any of the provisions contained herein, the Company will have the following rights and remedies, each of which rights and remedies will be independent of the others and severally enforceable, and each of which is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Attorney’s Fees

In the event the Company brings an action or suit against you by reason of any breach of these Terms and Conditions or Agreement, the Company will be entitled to have and recover of and from you all costs and expenses incurred or sustained by the Company in connection with such action or suit, including without limitation legal fees and litigation expense.

21. Consent to Governing Law.

These Terms and Conditions will be governed by the laws of the state of California. Any action brought by any party arising out of or from these Terms will be brought within the State of California, County of Los Angeles.

22. Consent to Jurisdiction.

You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of California or a state court located within the State of California in connection with any matter arising out of these Terms and Conditions, Terms of Use, and Privacy Policy or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.

23. Dispute Process.

If either Party has a dispute against the other Party under these Terms and Conditions and Agreement, both Parties agree that they will take the following steps in order, prior to filing any type of lawsuit:

Notice

The Party claiming the dispute will first send written notice of any such dispute to the other Party setting forth the details of the dispute. Both Parties agree to discuss and cooperate in good faith in an effort to resolve such dispute prior to moving onto the next step below.

If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing us at support@jennphan.com.

If the dispute remains unresolved, you hereby irrevocably agree that process may be served on you in any manner authorized by the laws of the State of California for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of California.

Arbitration | Arbitration Clause

If you have any complaint or should any issue arise in the use of the Site or Gum Drop Creatives, LLC dba Jenn Phan Co’s Courses, Services, and/or Products, please contact us directly first by emailing us at compliance@jennphan.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Gum Drop Creatives, LLC dba Jenn Phan Co will submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it will be held within 50 miles of Diamond Bar, California, U.S.A.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of California. The only award that can be issued to you is a refund of any payment made to Gum Drop Creatives, LLC dba Jenn Phan Co for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

24. Disclaimer - No Warranties, Guarantees, or Representations Are Being Made.

We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.

Technology Disclaimer

We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access the Program and related materials. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third-party provider, such as ThriveCart.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIELD PARTY IS RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SITE AND ANY SITE SERVICE SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE OFFERINGS.

25. Errors and Omissions.

Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Gum Drop Creatives, LLC dba Jenn Phan Co does not and cannot warrant, represent, or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and that such information is up-to-date at all times.

We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in the Site or related materials. You should do your due diligence, research, or consult with a professional, as needed.

26. Limitation of Liability.

You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this Site and/or the resources you may download from this Site. You agree that the Company will not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages to use of this Site.

The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company may make improvements and/or changes in the website at any time.

The Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Site 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. The Company hereby disclaims 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.

To the maximum extent permitted by applicable law, in no event will the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these terms, your sole and exclusive remedy is to discontinue using the Site.

27. Indemnification.

You agree 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 your use of or inability to use the Site or services, any postings made by you, your violation of any these Terms and Conditions or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will fully cooperate with the Company in asserting any available defenses.

28. No Joint Venture or Other Relationship.

You agree that no joint venture, partnership, employment, agency, or professional-client relationship exists between you and the Company as a result of this agreement or use of the Site.

The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Therefore, you recognize and agree that we have not created any such relationship by the use of this Site.

29. Entire Agreement.

These Terms and Conditions, Terms of Use, and Privacy Policy constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.

30. Severability.

The provisions of these Terms and Conditions are severable, and the invalidity or unenforceability of any provision will not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms and Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability will have no effect on these Terms and Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

31. Termination of Your Use.

At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms and Conditions, Terms of Use, Privacy Policy or any other terms to which you have agreed to.

32. Your Privacy.

Your use of the Site is also subject to our Privacy Policy. Please review our Privacy Policy, which governs the Site and informs how we handle your personal information. Your agreement to the Privacy Policy is hereby incorporated into these Terms and Conditions.

33. Miscellaneous.

Assignment and Binding Effect

The rights and benefits of the Company under these Terms and Conditions will be transferable. All covenants and agreements hereunder will inure to the benefit of, and be enforceable by or against the Parties’ successors and assigns.

Calendar Days and Time

Any reference herein to “day” or “days” means calendar and not business days, unless otherwise expressly granted. If the date for giving any notice falls on a weekend or federal holiday, then said notice or obligation may be performed on the next business day.

Headings, Captions, etc.

The headings herein are inserted as a matter of convenience only, and do not define, limit, or describe the scope of these Terms and Conditions or the intent of the provisions hereof, are not to be considered in construing these Terms and Conditions, and where inconsistent with the text, are to be disregarded.

34. Contact Us.

If there are any questions regarding this Terms of Conditions, you may contact us using the following information:

Gum Drop Creatives, LLC dba Jenn Phan Co.
Website: jennphan.com
Mailing Address: 23535 Palomino Dr #324, Diamond Bar, CA 91765
Email: compliance@jennphan.com