JENN PHAN CO

TErms OF USE

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 OF USE CAREFULLY AND IN THEIR ENTIRETY BEFORE PURCHASING AND/OR USING ANY OF OUR ONLINE COURSES. These Terms of Use apply to all of Gum Drop Creatives, LLC dba Jenn Phan Co’s online courses, services, products and all their Content, including: YT Videos Accelerator™ and Selling on YouTube (hereinafter collectively referred to as the “Program”).

IMPORTANT NOTES

These Terms of Use contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms of Use, you agree to the Arbitration Clause in Paragraph No. 15 and voluntarily waive your right to a jury trial.

1. Definitions.

“Company”, “We”, “I”, “Our”, or “Us” means Gum Drop Creatives, LLC dba Jenn Phan Co.

“Participation”, “Participating”, “Using”, or “Use” means reading, purchasing, watching, listening to, implementing, trying, or otherwise engaging in the Program.

“Purchaser”, “Participant”, “You”, “Your”, “User” or “Client” means you, the person purchasing and/or using the Program.

“Program” means YT Video Accelerator™ and YT Systemized™.

“Content” means any and all written, visual, video, or audio information contained on the Site and/or in the Program, including, but not limited to, any and all emails received from Gum Drop Creatives, LLC dba Jenn Phan Co, and/or jennphan.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Gum Drop Creatives, LLC dba Jenn Phan Co, and/or jennphan.com, including, but not limited to, text, communications, videos, blog posts, graphics, newsletters, designs, documents, information, templates, workbooks, email list/newsletters, social media posts, courses, coaching services, guides, eBooks, forms, worksheets, webinars, and materials.

2. Consent to These Terms of Use.

You confirm that you have read these Terms of Use carefully prior to your purchase. And by purchasing and/or using the Program, you implicitly and voluntarily choose to be legally bound by, act in accordance with, agree to, and abide by, these Terms of Use.

You confirm that you are at least 18-years-old to purchase and use the Program. If you are below this age, you may not purchase and/or use the Program under any circumstance. If we discover that you have done so in violation of these rules, we will terminate your account.

3. Services.

The Company agrees to provide certain services to the Purchaser as stated in the checkout page. Such service is not a membership or subscription, unless otherwise specified. The Company reserves the right to refuse to provide the Program to anyone at any time. All services will be performed virtually and not in person, unless otherwise stated.

Access to the Program is provided through a member portal. If applicable, you will receive a login and password after the purchase to access the Program.

While the Company, at times, will provide live sessions, it is not guaranteed that each or any session will be live. Unless otherwise stated, the Program will be provided as pre-recordings.

If offered as part of the Program, group calls’ location, dates, timeframes, topics for discussion, coaching representative(s), etc. are at the Company’s selection and are subject to change at our discretion.

If applicable, access to a private online community is for support from the Company. The Company will use reasonable efforts to provide support and answers to any reasonable questions during business hours (Monday-Friday from 10am-5pm PST), and will exclude holidays and two weeks in the month of December and during the Company’s development time off. Due to the complexity of the time and effort it takes to manage a private online community, the Company will do its best effort to participate and provide support, but cannot guarantee that all questions will be answered.

4. Future Updates, Bonuses, Support and Access.

Updates to the core Program are included without additional charges. However, additional and/or future bonuses, promotional materials, additional support (i.e., community, calls, etc.), or discounts, not offered during the original purchase of the Program, are not guaranteed to be provided.

If a lower price is offered in the future for the Program, this will be for new Purchasers only. A credit for the difference between the latest price and the previous price purchased will not be given to previous Purchasers.

If advertised as “lifetime access”, that means that you will have access to the Program for the lifetime of the Program’s existence only. If, for any reason, the Program ceases to exist in the future, you will be notified within thirty (30) days in advance via email to provide you the opportunity to download and keep any materials you wish to keep.

Regarding support and/or community access provided, we do not guarantee or represent that these will continue in perpetuity. Such support and/or community will also cease to exist once the Program is terminated.

The Company may offer bonuses for paying in full or as an “early bird pricing”. Specific bonuses are only guaranteed at the exact timeframe and under such specified circumstances and may be eliminated by the deadlines as advertised during the promotion period.

No bonuses or add-ons can be “cashed in” at any time and are not transferable. The bonuses are available to the Purchaser as long as they are an item that is available within the Company. If the Company decides to remove/archive the bonus material, the Purchaser will lose access and will not be refunded or compensated.

5. Services Participation Rules.

You, while participating and using the Program, agrees to use your best efforts in learning from the Program and implementing the instructions, assigned tasks, and the like related to the Program, show up on time for every session required, act professionally, and refrain from using profanity during the sessions, on all group calls, and in group forums.

You agree to give as much as you take, refrain from crude behavior and over-talking other participants, and not attempt to solicit business from or spam other participants. The Company reserves the right to ask you to leave a group call early if your behavior is deemed inappropriate and therefore, unacceptable, and may remove you from any services, at our discretion.

6. Payment, Purchase, and Payment Plan Terms.

Fees

In consideration of the Program and/or services provided herein, you agree to and are responsible for paying the Company the full amount of the price originally agreed to as presented upon checkout at the time of purchase (hereinafter referred to as the “Fee”)..

General Payment Terms

When you pay for the Program by credit card, you authorize and give permission to Gum Drop Creatives, LLC dba Jenn Phan Co to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant (PayPay, Stripe, ThriveCart, etc., depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Gum Drop Creatives, LLC dba Jenn Phan Co is not responsible for the merchant’s independent policies or practices.

Payment Plan Terms | Failed Payment Procedures:

If it’s offered and should you choose to purchase the Program via one of our payment plan options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged 30 days apart for the number of months based upon the payment plan option chosen at checkout to complete your total payment.

The Payment Plan is not a subscription service - It’s a courtesy extended to you to allow you to pay for the Program over a period of time instead of upfront. However, the full purchase price of the Program is originally agreed upon, and you are responsible for all the payments in your Payment Plan until the Program is paid for in full. By choosing the Payment Plan, you agree and understand that all monthly payments are owed in full on time.

There are no exceptions. No refund requests or stop payments will be granted or accepted.

If the Company chooses, at its sole discretion, to grant you a one-time courtesy (which is neither guaranteed nor required), it will be the only extension offered to you. No additional extensions will be granted and no requests to do so will be honored. If you accept the optional one-time extensions, you understand that you will be required to pay all of your remaining payments on your originally agreed to schedule of one-payment per 30 days.

If you choose the Payment Plan to purchase the Program, you hereby authorize and give permission to Gum Drop Creatives, LLC dba Jenn Phan Co to automatically charge your credit card, debit card, or PayPal/Stipe account, as payment for the Program, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you. We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.

In the event that you need to update the payment information that was originally given to process payments to the Company, you must make arrangements to update the card information no later than 14 days before the payment is due. Furthermore, if you need to update your payment information after a charge has already been made, there will be an additional 3% fee added to the payment amount to cover fees associated with having to refund the original form of payment and process payment on a new card.

Failed Payment Plan Payments | Re-charge Procedures:

By signing up for the payment plan, your card will automatically be re-charged 30 days apart for your remaining payments. Please plan accordingly.

If your payment-plan payment fails on the 1st attempt:

In the event that your Payment Plan payment is not successfully made on your due date, your credit card will automatically be re-charged after a one (1) day grace period to make your payment for the Program.

If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 1-day grace period to update your card information without any penalty or losing access to the Program.

After 2nd failed payment:

Your access to the Program will be temporarily suspended and you will not be able to access the Program at all until you successfully complete your payment. We will attempt to re-charge your credit card in 3 days.

After 3rd failed payment:

Your access will still be suspended, pending your successful completion of your owed late payment. In 5 days, we’ll attempt to charge your card.

4th and final attempt to make payment:

The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Program and no refund will be given. You will still owe the balance due.

When choosing the payment plan options, you consent to being responsible for ALL payments owed under the Program terms.

Late Payments

Any balance that is not paid will incur interest at the rate of 5% per year.

7. Billing Review, Temporary Access Hold, and Access Reinstatement.

If you notify us of a billing discrepancy (including claims of overpayment, duplicate charges, misuse of coupons, or incorrect pricing), we may place a temporary hold on your access to the Program while the matter is reviewed. Once the review is complete and the payment status is confirmed, access will be reinstated promptly once the account is in good standing.

Access Reinstatement

If at any time your access to the Program is removed, it is your responsibility to notify the Company at support@jennphan.com to regain access once your payment has been successfully completed.

8. Refund Policy.

No Refunds

Due to the instant-downloadable nature of the Program, Courses, Services, and Products, refunds will not be issued for the Program once it is purchased. By purchasing and/or downloading any of our Program, Courses, Services, and Products, you agree and understand that sales are final and that no refunds will be given.

In the event that a refund is issued, the refund amount will be credited to the original method of payment and no other alternative payment methods. There will be an additional 3% transaction fee, plus any applicable processing fees from PayPal or Stripe, added to the payment amount to cover fees associated with having to refund the original form of payment. The fees will be deducted from the refunded amount.

If offered and if you select a payment plan, there are no refunds or cancellations of the payment plan offered. The payment plans are simply an opportunity to pay for the Program over time.

9. Chargebacks.

No Chargebacks

If you’ve been erroneously double-charged, please contact us immediately, so that we can resolve this for you. However, other than that, and since we have a clear and explicit Refund Policy that you have agreed to before completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. Therefore, you (the Purchaser) agree not to dispute any charges at any time. You will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to your credit card and/or form of payment (i.e., PayPal, Stripe, etc.) for any reason whatsoever related to the Program.

If you inadvertently dispute a charge made to the account, you agree to immediately cancel/withdraw such a dispute. And you agree not to cancel the credit/debit card that is provided as security without the Company’s prior written consent.

Any attempt by you (whether successful or not) to cancel any credit card payment for the Fee or file a chargeback, a chargeback will be considered a breach of this Agreement and Terms of Use.

You understand and acknowledge that any attempted chargeback may have major consequences for the Company, including, but not limited to, fees and expenses, loss of customers, loss of revenue and potential revenue, increase in merchant rates in the long term, fines, termination of merchant account, and loss of ability to secure a merchant account with any processor. Therefore, the Company reserves the right to dispute such chargeback and pursue you for the Fee and expenses owed to the Company herein, and all other legal remedies at law and equity. You agree that, regardless of whether you are ultimately successful in any chargeback or not, you are still liable for the Fee owed to the Company as well as all expenses (including attorney fees) incurred by the Company in response to such dispute.

If the Company is successful in any credit card cancellation, dispute, the Company reserves the right to pursue you for all costs and expenses the Company incurs in disputing or defending such credit card cancellation, including but not limited to the lost business profits in the form of time the Company and its representatives spent handling such dispute. If you are successful in any chargeback, the Company will be entitled to 2 times the amount of the Fee (plus expenses) as liquidated damages.

If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, the Company reserves its right to report the incident to all three credit bureaus as a delinquent account, which could have a negative impact on your credit report score. We reserve the right to present proof of your purchase, your access, your name, email address, order date, order amount, billing address, these Terms and Use, and our Refund Policy to the financial institution investigating the dispute. Chargeback abusers wishing to be removed from the database will make the payment for the amount of the chargeback and all applicable fees.

If you have any questions or concerns, or if there is anything we can do to make your experience more pleasant, please email us at support@jennphan.com.

10. Termination of Your Use.

At our sole discretion, we are permitted to terminate your use or access to the Program and its Content, and any and all services, if you become disruptive to the Company or other Program participants, if you fail to follow the Program guidelines, or if you abuse, violate, or breach any of these Terms of Use or any other terms to which you have agreed to.

11. Effect of Termination.

Termination of this Agreement will have no effect on any and all Fee for the Program and/or services due. To clarify, the Fee is deemed due and earned as of the date of purchase regardless of whether you decide to pay the Fee in installments as provided herein. You will not be entitled to a refund of any portion of the fees in the event of such termination. The restrictions imposed on you in these Terms of Use and Agreement with respect to the Program intellectual property will still apply now and in the future, even after termination by you or the Company.

12. Disclaimers.

The Program’s Content is for informational and educational purposes only, and is based on our personal experience. By purchasing and using the Program, 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 in the Program 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 the Program or its Content 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 in the Program or its Content 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 Program, 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.

13. Your Assumption of the Risk.

You should use your best judgment in using the information provided in the Program and/or implementing its Content. It is your responsibility to discern the risk of using the Program or its Content. By purchasing the Program, you assume responsibility for your actions, choices, or lack thereof, related to the Program.

The Program 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 Program and/or Content.

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 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.

14.  No Claims Made Regarding Results.

You agree that you understand individual outcomes will vary. 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, efforts, 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.

15. Security on the Site.

It is your responsibility to secure your username(s) and password(s) from theft or any other means of unauthorized use that would violate these Terms of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors, such as PayPal, Stripe, or ThriveCart. By utilizing these payment processors to gain access to the Program, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable Terms of Use.

16. No Sharing Allowed.

You cannot distribute, copy, forward, give access to, and/or share the Program or its Content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately, no refund will be issued, and no future access will be permitted to any of our current and/or future Programs.

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.

17. Social Media and Marketing Release.

The Purchaser agrees that the Company may lawfully use screenshots or re-shares of his/her posts, comments, or messages (Direct Messages “DMs” or otherwise) to promote the Program across social media, its website, and to its email list. Whenever possible, only the Purchaser’s first name will be used (unless the comment/post was made publicly, in which case the entire comment/post may be used) without the Purchaser’s prior written consent.

18. 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 does its best to create a safe and welcoming space for all participants. However, the Company has no obligation to monitor the Communication Services or have a duty to review all comments, posts, content, and material shared within any online forums or groups or on any group call. Therefore, the Company will not be held liable for any participant’s comments, actions, posts, content, or materials that result in another participant’s trauma or discomfort.

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.

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 to 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 the 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.

You also grant us the right to use your likeness and identify you by name, email address, or screen name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you that reference the Company or the Program, and to identify you as a member of the Program by name, email address, or screen name, for any purposes, including commercial purposes and advertising.

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.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.

19. Intellectual Property Ownership.

This Program and its Content, including, but not limited to, all video modules, lessons, tips, templates, tutorials, copy, lectures, handouts, printables, video material, audio material, images, text, communications, designs, graphics, logos, taglines, trademarks, and service marks are intellectual property owned by Gum Drop Creatives, LLC dba Jenn Phan Co (the “Intellectual Property”).

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 of Use. 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.

The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser’s representatives, assignees, contractors, employees, or acquaintances.

20. Online Course Intellectual Property.

Any and all materials, paid or free, that you access on this Site or any related websites that contain the Program are under the sole ownership or licensed use of Gum Drop Creatives, LLC dba Jenn Phan Co.

Limited License

You are only receiving a limited non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any Content or materials in the Program you have paid for or opted to receive. You acknowledge that if you exceed the scope of this license, as determined by a legal authority, such as a court of law or the Trademark Trial and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to see damages and/or an injunction to remedy the situation until we are made whole.

You may:

  • Access the Program for your personal use (if additional members of your team need to access the Program, you must purchase additional Programs for each team member).
  • Download and/or print any Program materials for your personal use in your business (if additional members of your team need to download and/or print any materials from the Program, you must purchase additional Programs for each team member).
  • Use our trademarks and copyrighted materials only with our prior written consent and proper credit and marking namely citing © Gum Drop Creatives, LLC dba Jenn Phan Co as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™ in accordance with the below.

You may not:

  • Re-sell or trade your access to the Program.
  • Reprint or republish any of the Program, in part or in whole.
  • Distribute any of the materials contained in the Program or related materials and/or communications as your own, otherwise known as stealing.
  • Reproduce and alter, edit, copy, reproduce, reverse engineer, enhance, remix, or in any way create a derivative of any part or whole of the Program for distribution as your own work.
  • 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.
  • Claim ownership or use over any of our Intellectual Property without our prior consent, which videos, and other content: trademarks such as names, logos, taglines, or other unique source identifiers, or trade dress including the look and feel of the Program (and its related communications and materials).
  • Use the Program or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

Your use of any materials found in the Program other than that expressly authorized in these Terms of Use and Agreement or by a separate written assignment, is not permitted. You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your unauthorized use, or a minimum of $5,000, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the unauthorized use.

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.

21. Acknowledgement.

You acknowledge that: (1) the Company’s business is conducted throughout the world; (2) the covenants contained herein are essential elements of these Terms of Use and Agreement and that, but for such covenants, the Company would not have entered into this Agreement with you; (3) the Company has developed long-standing relationship with its clientele and that the breach of any of the restrictions and covenants set for herein would cause substantial loss to the goodwill of the Company and cause the Company irreparable harm; (4) the restrictions imposed on you here and the purposes for such restrictions are reasonable in time, scope and duration and are designed to protect the goodwill, Confidential Information, the continued success of the Company, and the Company’s relationships with its near-permanent clients, suppliers, and licensees; and (5) the restrictions imposed on you herein in no way are harmful to the public.

22. Non-Disparagement.

If you are found to be slandering, libeling, or otherwise disparaging our Company, the Program, or related materials, at our discretion, you will be immediately removed from the Program and any related communications. We reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm our Company.

23. Confidential Information.

As part of these Terms of Use and this Agreement, you will have access to the Company’s Confidential Information, which includes: the Company’s products, processes, affiliates, and other services, including but not limited to policies and procedures, any proprietary, confidential, or secret knowledge, data, or matters, whether transmitted in writing, orally, visually, or otherwise, used in, associated with, or related to the Company, the current or anticipated business of the Company, the research, development, design, and marketing activities of the Company, and those of any party granting rights to the Company or that has been identified to you, either orally or in writing, together with analyses or documents that contain or otherwise reflect such matters, including know-how, technology, financial information, trade secrets, client lists, client names or identities, details of vendor, licensor, client or consultant contracts, pricing policies, operational methods, marketing plans or strategies, product development techniques or plans, business acquisition plans, new personnel acquisition plans, methods of manufacture, drawings, specifications, personnel data, processes, formulas, designs and design projects, computer programs, inventions and research projects of the Company, all copyrights, works of authorship, copyright registrations and applications therefor and all other rights corresponding thereto throughout the world, and trademarks, trademark registrations and applications thereof, and all other information that may be deemed confidential to the Company (herein referred to as “Confidential Information).

24. Covenant Not to Use or Disclose Confidential Information.

You agree not to use or disclose to any third party, directly or indirectly, for any reason or in any way, other than at the express direction of the Company or as required by law, any Confidential Information.

25. Non-Solicitation.

The Program is a “pitch free zone”. You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to the Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means that you agree not to form, or ask the Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality.

In addition to the above, you covenant and agree non-solicitation of the following person(s) in accordance to the following terms:

Clients

You will not solicit or cause another to solicit for the others’ benefit, or for the benefit of any other person or entity, any client or potential client of the Company without first obtaining the written consent of the Company. The term “Client” refers to any individual, business or other entity who was or is doing business with the Company. The term “Potential Client” refers to any individual, business or other entity who or which was not, at the relevant time, an actual client of the Company but who or which, at such time, had disclosed Confidential Information to the Company regarding its programs or needs, or to whom or which a proposal for service had been made by the Company.

Employees/Contractors

You will not solicit or cause another to solicit for your benefit, or for the benefit of any other person or entity, any employee or independent contractor of the Company, without first obtaining the written consent of the Company.

26. Non-Compete.

You will not, in any capacity, including as an employee, contractor, consultant, partner, shareholder, owner of securities, lender, officer, director, principal, agent, or trustee of any person, engage or participate in, enter the employ of, or render any services similar to that of the Company’s services hereunder, to any person engaged in any competitive business of the Company within two (2) years of first entering into agreement and/or any form of relationship with the Company.

27. 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 of Use 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.

28. Consent to Governing Law.

These Terms of Use 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.

29. 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 of Use, Terms and Conditions, and Privacy Policy or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.

30. Dispute Process.

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

If either Party has a dispute against the other Party under these Terms of Use 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 compliance@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

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 and/or to bring claims as part of a class or collection action, which would otherwise be available to you if not for this Arbitration Clause/Class Action Waiver. Should any arbitration hearing need to be held, it will be held within 50 miles of Diamond Bar, California, U.S.A.

The Parties will each pay fifty percent (50%) of the cost of the Arbitration. The arbitrator will be a practicing attorney or a retired judge of the California Courts.

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 Program. You are not permitted to seek additional damages, including consequential or punitive damages.

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

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.

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.

32. 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.

33. Limitation of Liability - Your Release of Us, Indemnification, Hold Harmless.

To the fullest extent permitted by law, Gum Drop Creatives, LLC dba Jenn Phan Co expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its Content, due to any act, or failure to act, by you. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. By enrolling in the Program, you hereby agree to this limitation of liability and release Gum Drop Creatives, LLC dba Jenn Phan Co from any and all claims.

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Gum Drop Creatives, LLC dba Jenn Phan Co, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Gum Drop Creatives, LLC dba Jenn Phan Co as stated in this section herein.

34. 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 of Use 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.

35. Entire Agreement.

These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you (the Purchaser) and the Company.

36. Severability.

The provisions of these Terms of Use will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use will be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability will have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

37. Notification of Changes.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time, and will update them accordingly with the “Updated” date at the top of this page.

Other than as mentioned above, these Terms of Use cannot be changed, waived, modified or discharged orally or by course of conduct in whole or in part.

38. Miscellaneous.

Assignment and Binding Effect

The rights and benefits of the Company under these Terms of Use 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 of Use or the intent of the provisions hereof, are not to be considered in construing these Terms of Use, and where inconsistent with the text, are to be disregarded.

Affiliates

From time to time, the Company participates in affiliate marketing and may include affiliate links in the Program and/or its Content. 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 of Use. You accept express liability for any and all consequences or benefits of clicking the affiliate links provided.


Facebook

The Program is not associated or affiliated with, or endorsed or sponsored by, Facebook, nor has it been reviewed tested or certified by Facebook.

39. Contact Us.

If there are any questions regarding this Terms of Use, 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