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IPS Program Terms of Purchase
(Full Version)
You are purchasing access for one (1) person to the IPS Program (referred to as “the IPS Program,” "the IPS and Marketing Program", “the IPS Class,” “Gaby Chung's IPS Program,” "Gaby Chung's IPS Class", the “Program,” "the Class", the “product”, or the “course”) from Gaby Chung + Co. (the “company,” “we” or “us”). You must be at least 18 years of age or older to purchase the IPS Program.
The IPS Program includes live course access, course content and materials, other information and materials furnished by the Company (collectively “content”) and access to a website for members of the Program (“the site”). By purchasing access to the IPS Program, you and the Company hereby agree to these Terms and Conditions of purchase and the Company’s Terms of Use and Privacy Policy (collectively, this “Agreement” following legal terms and conditions that govern your use of the IPS Program and that form a legal agreement between you and the Company. In the event of any conflict between these Terms and Conditions of Purchase and the Terms of Use or Privacy Policy, these Terms and Conditions of Purchase shall control.
TERMS OF PURCHASE
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
PAYMENT POLICY
You are responsible to pay for the IPS Program in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method. If you select the payment plan, your card will be charged the first payment when you register and subsequent payments will be charged on the same day of the month until you have completed payments. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent.” You will immediately lose access to future Modules and Bonuses and your access to the Site and all Content will be revoked immediately after your payment declines. You will also not receive access to future versions of the Program as it’s released until all payments are made in full.
If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.
To be clear, The IPS Program is not a subscription payment model that can be cancelled or a “pay in part” program where you can pay only for access to certain Modules and not others. This is a full immersion program, and your payment plan is a convenience that we offer so that you can make the price sustainable.
REFUND POLICY
Our commitment is to change people’s businesses and lives. You can participate in the Program for up to the first Module (1). If you do the full course work, don’t get value or feel we’ve delivered on our promise, and email your work to support@gcpedu.com before the deadline, we will promptly refund the money you’ve paid us under this Agreement less any processing fees subject to the following conditions:
-Deadline to Apply for a Refund. To be eligible for a refund, you must be an IPS Program member who purchased the February 2024 IPS Program in the current calendar year (2023 or 2024) and you must submit your request by 12 pm (noon) Pacific Standard Time on the 7th day after the class begins. The deadline exists because if you sign up for the program, we want you to get started. If you don’t plan on starting right away but want to sign up this year, we’d love to have you, but definitely make sure this is the right investment for you, as the refund does have a firm deadline. There are no refunds after the 7th day of the class. No exceptions will be made.
-Complete Course Work. We’ll ask for your completed course work (to make sure you gave it a go) and ask what didn’t work for you (so we can learn and improve). You must email your course work to support@gabychung.com before the deadline.
-Company Discretion. After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
-Please do not enroll in the IPS Program if you just want to “check it out.” We put an extraordinary amount of time and effort into this Program, and we expect you to do the same. The IPS program is for serious students only.
The live IPS program start date varies, see checkout page for options. No refunds will be offered until the start of the Program. No exceptions.
Please note that if you opt-in to any fast-action bonuses or early release classes, the value of the classes will be deducted from your refund as follows: Client Guide Templates are a $497 value. 10k in a day Mini Sessions, $1000 Model Calls, or the Santa Marketing set are a $100 value each.
Intellectual Property
You agree that the IPS Program contains proprietary Content that is owned by the Company and/or it’s licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including sharing to any social media sites is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.
The Company provides you with the Product solely for your personal. Noncommercial use, and you agree that you will not use such proprietary Content in any way, whatsoever except for use in compliance with this Agreement.
To be clear: please be aware that you may not create derivative works, resources guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Gaby Chung, the Program, or infringe on an of the Company’s intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the IPS Product (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensers, which reserve all their respective rights in law or in equity. THE USE OF THE COMPANY’S IPS PROGRAM, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO COVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
IPS Program Terms of Purchase
The IPS Product includes access for one (1) person. Upon registration, you will create one username, password, and member profile for use during the live course and in the private member section of the Site.
If you would life to take the IPS Program with a business partner, assistant, or collaborator, you will need to each purchase the course individually.
Privacy and Confidentiality
The IPS Program is subject to the Company’s Privacy Policy. The Company does not knowingly collect personal information from children under the age of 18 and does no wish to do so. The Company reserves the right to request proof of age so that it can verify that minors under the age of 18 are not using the IPS Program Product.
We must insist that you respect the privacy of other people that participate in the IPS Program, (“IPS Mentor Students” “Students,” "Grads," “Members,” “Program Participants").
By purchasing access the to Program, you agree:
-Not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company or Program Participants;
-that any confidential information shared by members or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to the Company;
-Not to disclose confidential information to any other person or use it in a manner that than in discussion with other IPS members during training sessions;
-that all Content provided to you by the Company is the Company’s confidential and proprietary information and intellectual property, belonging solely and exclusively to the Company, and may be used by you only as authorized by the Company;
-the reproduction, distribution and sale of the Content by anyone other than the Company is strictly prohibited; and
-that if you violate , or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, inductive relief to prohibit such violations.
While you are free to discuss your personal results from the Program and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.
IPS Member Area and Community Rules
No solicitation within the members area/. You are not permitted to offer your services, sell your programs or products, share affiliate links, or invite members to join other social networks.
Your failure to comply with these terms will result in immediate termination of your participation in the IPS Program without refund.
Location Limitations
You may not enroll in the program if you reside or conduct business within 80 miles of Claremont, California, 91711. Moving within these location limits will result in immediate termination of your participation in the IPS Program without refund.
Third-Party Materials and Websites
The Company may provide links to third-party materials and websites and establish a Facebook group as a convenience to you and other IPS members. These third-Party materials and websites are not part of the IPS Program and they may be either withdrawn or terminated at any time without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company will not have any liability or responsibility for cancellation, termination, or withdrawal of third-party materials and websites.
Access to Content on Site
The Company will provide access to the content on the Site for the duration of the Program. Members will be notified by email if the access will be revoked due to closure of the program, and will be given 30 days to access and download all materials. The Company will not have any liability or responsibility for cancellation, termination, or withdrawal of materials and websites after the program has concluded.
DISCLAIMER
THE IPS PROGRAM, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FORM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
When addressing financial matters in any of our websites, videos, newsletters, programs or other Content, we’ve taken all reasonable efforts to ensure that we accurately represent our programs and their potential to grow your business. However, the Company does not guarantee that you will get any results or earn any money using any of our tools, strategies, or recommendations, and nothing in the Program, Content, or Site is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE IPS PROGRAM IS AT YOUR SOLE RISK. By purchasing access to the IPS program, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guaranteers verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results or any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not limited to, your skill, knowledge, ability, business savvy, network, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, program, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional, legal, medical, psychological or financial advice.
ADDITIONAL TERMS AND CONDITIONS
1) GOVERNING LAW. You and the Company have entered into this Agreement in the State of California and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of California, United States of America, without regard to conflicts of law principles that would dictate the application of the law in a different jurisdiction.
2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LAIBLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE IPS PROGRAM PRODUCT; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCT AND REQUEST A REFUND AS SET FORTH IN THE REFUND POLICY SECTION ABOVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third-party, public or private, designed to disparage the Company, the IPS Program, or Gaby Chung, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executers, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The IPS Program is a non-transferable program.
5) TERMINATION. The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with an of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the IPS Program without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement.
Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
6) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the IPS Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the IPS program Product will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either e-mail or postal mail. If you have any questions, please contact us directly at support@gcpedu.com
7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officer, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, wards, settlements, investigations, costs, attorney’s fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your missed of the Product. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, trustees affiliates, and successors shall not be help personally responsible or liable for any actions or representations of the Company.
8). BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Program (each, a “Dispute), either party may elect to finally and exclusively resolve the dispute by binding arbitration covered by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PART CHOOSES ARBITRATION, NEITHER PARTY SGALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIS SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURRT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputed will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgement on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not precluded parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of arbitration. As set forth in Section 8(J) below, nothing in this Agreement will prevent the Company from seeking inductive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.
9) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extend permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative Capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal subject matter jurisdiction of the Federal and state courts in the State of California, Los Angeles County, for purposes of any such action by the Company.
11) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
12) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement an any applicable law, the applicable law shall prevail.
13) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
