Erica Metzger Media Inc

This Membership Agreement (the “Agreement”) by the undersigned member (the “Member, and/or “You”/“Your”) and The Beauty Loop (the “Organization” or “we”/“our”), Organization and Member may be referred to individually as “Party” and collectively as the “Parties”, is effective as of the Effective Date below.  Please read this Agreement carefully before using our services, Benefits (as listed in Addendum A), or our website, which includes, but is not limited to, other internal websites stemming from it, such as specific membership sites or webpages pertinent to the main website, or any mobile applications associated with The Beauty Loop (collectively the “Membership Services” or “Subscription”).

Effective Date: Date of Confirmed Subscription

Thank you for subscribing to The Beauty Loop ! By subscribing, accessing, or using our member services, you agree to the following terms and conditions:

Membership subscriptions are non-transferable and intended solely for the individual or business entity that purchased the subscription. Any unlawful or unlicensed use by any unauthorized Member or Third Party may be deemed a violation of this Agreement and may subject Member to termination of this Agreement. 

Only active, paid members have the right to:

• Receive and view The Beauty Loop newsletter.

• Submit content or information for consideration in the newsletter, which said consideration and / or approval may be withheld at The Beauty Loop’s sole discretion.

You are responsible for maintaining the confidentiality of your subscription account details. Sharing login credentials is strictly prohibited and may be cause for termination of this Agreement.

You acknowledge that in connection with this Agreement you may receive certain confidential or proprietary technical and business information and materials of The Beauty Loop, Third Parties and/or other Member and the Online Materials (“Confidential Information”).  You, your agents, and employees will hold and maintain in strict confidence all Confidential Information, will not disclose Confidential Information to any third party, and will not use any Confidential Information except as may be necessary to perform its obligations under the Services or this Agreement, except as may be required by a court or governmental authority.  

The Beauty Loop will take reasonable steps to ensure confidentiality of your business and other related information, if provided directly from you.  Notwithstanding the foregoing, The Beauty Loop may share such confidential information with its employees, independent contractors, representatives and other agents, as well as authorized third parties.  Further, confidential information will not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.

The Beauty Loop reserves the right to use your name as a client and/or written, verbal, or implied testimonials by or about you when marketing the business and sharing testimonials, in any method we choose, including verbally, electronically, or printed. Anything you want EXEMPT from this policy needs to be in writing, signed and submitted promptly.

Members must adhere to the correct Membership Subscription plan based on the intended use and number of individuals within their organization who will access the newsletter. The membership subscription tiers are as follows:

• Industry Consultant ($199.00 USD yearly): Intended for single subscribers.

• Small Agencies and Companies ($399.00 USD yearly): Includes up to five email accounts, all from the same company.

• Mid- to Large-Size Agencies and Companies ($599.00 USD yearly): Includes up to ten email accounts, all from the same company, with the opportunity to purchase additional seats.

Members must select the plan that reflects the size and needs of their business. Sharing access beyond the limits of the selected subscription tier is a violation of these terms.

Forwarding, distributing, or sharing The Beauty Loop newsletters in any form without prior express written permission is a violation of these terms.

Using or reproducing content from The Beauty Loop for commercial or public purposes without express written permission is prohibited.

All  submissions to The Beauty Loop must be original and owned by the subscriber. By submitting content, you grant The Beauty Loop the right to use and publish it in accordance with our editorial policies.’

2.4 Membership Conduct

You agree that you will not use the Services or any of its features to:

- Transmit spam, bulk, or unsolicited communications;

- Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of     any transmitted content;

- Misrepresent your identity, or affiliation with any person or entity;

- Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Members’ ability to participate in the site or any site projects or services;

- Engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law; or

- Collect or store personal data about other Members unless specifically authorized to do so by such Members.

You agree that when participating in or using the Services, you will not: 

- Use the Services in connection with any contests, pyramid schemes, chain letters, junk email, Spamming, duplicative or unsolicited messages (commercial or otherwise);

- 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, obscene, indecent or unlawful topic, name, material or information on or through Organizations servers, web pages, or applications;

- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;

- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secrets, or other proprietary right of any party;

- Upload files that contain viruses, Trojan Horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

- Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

- Restrict or inhibit any other Member from using and enjoying the Services;

- Violate any code of conduct of other guidelines which may be applicable for any particular Service;

- Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;

- Violate any applicable laws or regulations; and

- Create a false identity for the purpose of misleading others.

Membership Subscriptions are billed on a [monthly/annual] basis, and according to respective chosen subscription. Fees are non-refundable unless required by law.

Membership Subscriptions automatically renew unless canceled prior to the next billing cycle. For cancellations, holds, and/or changes to Memberships for any reason, you must notify The Beauty Loop via email at info@thebeautyloop.com at least thirty (30) days prior to next auto-draft, putting “membership termination or membership change” as subject heading of email. In turn, The Beauty Loop will send confirmation via email after the changes have been made to the account. You agree that The Beauty Loop could take up to seven (7) business days to respond.

Failure to maintain an active membership subscription will result in the suspension of access to The Beauty Loop and associated privileges.

The Beauty Loop subscription tiers are designed to accommodate different business sizes fairly. If your organization requires more access than your selected tier allows, we kindly ask that you upgrade accordingly.

We may periodically review subscriptions to ensure fair usage and maintain the integrity of our membership structure. If we find that your usage exceeds the limitations of your subscription tier, we reserve the right to adjust your plan or suspend access until the appropriate tier is selected.

All content, design, and materials included in The Beauty Loop are the exclusive property of The Beauty Loop and protected by intellectual property laws. Any unlawful or unlicensed usage may 

result in damages, punishable by law.  

You may not copy, distribute, modify, or create derivative works from The Beauty Loop content without explicit written permission.

We reserve the right to terminate or suspend your membership subscription at any time if these terms are violated.

Members may cancel their subscription at any time, per the terms of this Agreement, but no refunds will be issued for the remaining subscription period.

We may update these terms from time to time. Members will be notified of significant changes via email or within the newsletter.

Continued use of The Beauty Loop after changes are made constitutes acceptance of the updated terms.

If you have questions about these terms, please contact us at:

A. INDEPENDENT CONTRACTOR. 

By entering this Agreement, you agree and acknowledge that The Beauty Loop is functioning as an independent contractor.  The Beauty Loop and its Owners, Employees, Independent Contractors, Representatives and Other Agents will not be construed as employee/employer, or joint venture, or partnership with you.  Further, the relationship established by this Agreement is not exclusive on the part of The Beauty Loop; we may provide membership or Services to other Members at our own discretion without notification to you.

You agree and warrant that your payments as a Membership, as a non-equity and non-voting position, is for your own accord and not for the account or a distribution to another person or entity.  You agree that you will not assign, sell, hypothecate, or otherwise transfer your Plus Membership.  THE NON-EQUITY AND NON-VOTING PLUS MEMBERSHIPS HAVE NOT BEEN REGISTERED UNDER THE FEDERAL SECURITY LAWS INCLUDING THE SECURITIES ACT OF 1933 OR THE SECURITIES LAW OF ANY STATE INCLUDING THE STATE OF NEW YORK.

You agree that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement.

This Agreement constitutes the entire understanding between the Member and The Beauty Loop with respect to any and all use of the Membership Services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the Parties’ relationship.

This Agreement may be executed and/or agreed upon in counterparts, all of which shall constitute a single agreement. The Agreement shall be effective as of the date set forth above, or the first date of confirmed subscription, whichever comes first. 

Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.

If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.

These Terms and Conditions will be governed by and construed and enforced in accordance with the substantive law of the State of New York.  THE PARTIES AGREE THAT ANY LEGAL ACTION RELATING TO THESE TERMS AND CONDITIONS WILL BE COMMENCED AND MAINTAINED EXCLUSIVELY BEFORE ANY APPROPRIATE STATE COURT OF RECORD IN PORTER COUNTY, NEW YORK OR, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK AND THE PARTIES HEREBY SUBMIT TO THE JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY RIGHT TO CHALLENGE OR OTHERWISE OBJECT TO PERSONAL JURISDICTION OR VENUE IN ANY ACTION COMMENCED OR MAINTAINED IN SUCH COURTS.