The Signature Social Glow/Up Membership Terms and Conditions

• Welcome! This bullet-pointed summary is provided for your convenience, but you should absolutely, positively read this entire document because it is a binding agreement.

 

• The goal for the “highlights” under each section below is to provide a plain-English summary of each section but, again, you should read this entire document because summaries and explanations don’t capture every detail.

 

• By selecting “I agree and consent” and/or by enrolling in Lola Charles Communications’s program known as The Monthly Social Glow/Up (the “Program”) you are indicating that you have read and agree to these Membership Terms and Conditions (the “Agreement”).

 

• The Program was created to provide members with customized social media content plans that cover Facebook, Instagram, and TikTok. (the “Program Objective”). 

 

• By proceeding, you understand completely what is (and is not) included in the Program.

 

• You can’t, and won’t, copy, display, redistribute, or otherwise exploit or monetize any content found during your use of the Program except for your own personal use and work on the Program Objective. This means (and we mean this in the kindest way possible…) you cannot share screen shots, videos, or other media showing any part of the Program publicly (online or otherwise), with friends or colleagues, or anywhere else.

 

• Hateful, harassing, violent, and/or otherwise unlawful or disruptive communications (as determined in our sole discretion) will not be tolerated and will be grounds to block you from any group components or otherwise immediately terminate your enrollment in the Program without refund.

 

• Results vary and are not guaranteed. Your participation in the Program is critical to your own success and satisfaction!

If you violate this Agreement, your access to the Program may be revoked or terminated, with or without warning.

Highlights: These bullet points are a summary of what you can find in this Membership Agreement. But, know that it’s just a summary. You should absolutely read the entire Agreement, because you are bound to it by becoming a member.

Additional Terms and Conditions

These Membership Terms and Conditions serve as a binding agreement between you and Lola Charles Communications (“Company” or “we”). In exchange for the promises made between you and Company, Company agrees to provide certain specific services, encompassed into the Program, and you agree to all terms laid out in this Agreement as a condition of your enrollment and participation in the Program.

Highlights: This is where we get into the meat of what this agreement (the Membership Terms and Conditions) is all about.

1. WHAT’S INCLUDED

In exchange for an automatic, recurring fee in the amount of Four Hundred and Ninety-seven Dollars ($497USD) per month, (the “Membership Fee”), Company will provide the following as part of the Program: 

Monthly Content Calendar: a high-level view of the month's content plan in a shareable calendar.

Customized Content Plan: a customized social media content plan document that's 100% customized for each member's business that includes detailed creative direction, caption templates, and other applicable elements for 5 Facebook posts per week, 5 Instagram posts per week, 5 Instagram Stories per week, and 2 TikTok posts per week.

Monthly Office Hours: One thirty-minute session with your Team Lola Charles lead to book at your convenience.

News & Trends: a snapshot of what's new in social media and trends you should jump on this month..

Enrolling in the Program provides you access to these services on a month-to-month basis . Your access to the Program and any Program Materials is all subject to the terms of this Agreement. For purposes of this Agreement, “Program Materials” means all documents and other files, including templates, recordings (whether audio, visual, or audiovisual), worksheets, workbooks, guides, presentations, courses, content, slide shows, writings, text, literature, graphic designs, other designs, action plans, contracts, detailed instructions, and all other materials created or provided by Company in the course of providing the Program.

Highlights: This is a description of the services included in your membership. Your access to the Program Materials (which is defined in this section) is subject to the terms of this Agreement.

2. FEES AND PAYMENT; CANCELLATION; REFUND POLICY

Once you enroll in the Program, you agree that we may automatically charge your payment method on file on a monthly basis or yearly basis (depending on your payment selection) until cancelled. From time to time, the Fees for the Program may change (only with advance notice to you). This Agreement applies to all future prices, regardless of whether this document is updated to reflect those prices.

If for any reason you wish to cancel your enrollment in the Program, you may cancel at any time. Cancellation will not refund any payments made as of the date you submit your cancellation request.  No refunds will be issued for this program, and that includes refunds for any partial month or months prior to your cancellation.

Highlights: You understand that the membership involves a recurring fee and you will be charged accordingly. This section also describes how cancellations and refunds are processed.

3. MEMBERSHIP ELIGIBILITY

In order to become a member of the Program, you must:

• Be at least eighteen years of age.
• Be a United States resident and/or have a business based in the United States.
• Be legally competent to enter into a binding agreement. and
• Enroll during a permitted enrollment period.

Company retains the right to reject or eject any member for any reason whatsoever. You may have the option to create an account. If you create an account, you must provide and maintain true, accurate, current, and complete information about yourself in the registration process. You are prohibited from impersonating any person or entity or misrepresenting your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You must promptly notify Company with any questions or concerns of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Program.

Highlights: You must meet these eligibility requirements in order to become a member.

4. MEMBER’S PARTICIPATION REQUIRED FOR RESULTS

Your own participation is integral to your success and enjoyment of the Program. Company will help to guide you and will perform its obligations as to the services included in the Program, but you understand and agree that you must take all actions necessary in order to benefit from the Program. You also understand that prior results by others do not guarantee a similar outcome for you, due to many factors such as your own participation and other circumstances outside of Company's control. 

Highlights: You won’t see results from this membership unless you show up as necessary.

5. INTELLECTUAL PROPERTY

All Program Materials are the sole and exclusive property of Company and/or its licensors, and are protected under applicable copyright, trademark, and other proprietary rights. You may only use the Program Materials as expressly permitted by this Agreement. You may use the Program Materials solely in connection with your own personal use and/or in connection with the internal development of your own business. Replication or any other use of the Program Materials for your own commercial benefit or profit is strictly prohibited. Unauthorized copying, distribution, publication, modification, other use, or making available any Program Materials (or portion of the Program Materials) for use or viewing by others – for example, sharing Program Materials on social media, the internet, with friends or colleagues for their use or manipulation, or allowing a non-member access to the Program Materials – is also strictly prohibited. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works (or “knock off” or “spin-off” works) from -- or transfer, sell or otherwise exploit or infringe on -- any portion of the Program, or on any intellectual property rights related to any Program Materials, or any products, or services obtained from or otherwise transmitted through the Program. Nothing in this Agreement should be interpreted as granting any license or right for you to use any Program Materials or other intellectual property belonging to Company without Company’s express written permission. To be clear, Program Materials are not for resale or distribution in your own community, membership, course, business offer or product unless we specifically state otherwise, in writing. Any violation of this Section will be grounds for termination, with or without notice, and all other available legal action.

Highlights: You don’t own any part of the Program Materials, and you can only access and use the Program Materials according to the terms of this Agreement. No sharing the Program Materials with anyone outside of the Program. No copying or otherwise using the Program Materials except for your own personal use.

6. COMPLIANCE WITH LAWS AND PROHIBITED USES.

You will comply with all applicable laws regarding your use of the Program. You assume all knowledge of applicable law and are responsible for compliance with all such laws. You are prohibited from using the Program in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You are also prohibited from:

• Sharing your username and/or password with any other user or any third-party;
• Using the Program for any commercial purpose or for the benefit of any third party, including, but not limited to, permitting unauthorized access to the Program, Program Materials, or any related content or selling any Program Materials or distributing or allowing access to the Program Materials to any third party;
• Posting or transmitting material through the Program that violates or infringes in any way on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right or other intellectual property right, right to privacy, right of publicity, or personal, contractual, proprietary or other third-party right of Company or any other person or entity;
• Posting or transmitting material through the Program that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing, racist, or otherwise objectionable;
• Posting or transmitting material through the Program that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
• Posting or transmitting material through the Program that is an advertisement for goods or services or a solicitation of funds without permission from Company and/or its agents;
• Posting or transmitting material through the Program that includes private, personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
• Posting or transmitting material through the Program that contains a formula, instruction, or advice that could cause harm or injury;
• Posting or transmitting material through the Program where the use of that material by Company would result in Company having any obligation or liability to any party; or
• Posting or transmitting material through the Program that could be used to facilitate mail abuse or unsolicited email of any type (spam).

Company reserves the right to refuse service, terminate membership, revoke access or otherwise take action against you for violation of this Section or any terms of this Agreement.

Highlights: You absolutely positively can’t use the Program to do these things.

7. DISCLAIMER

The Program is for educational purposes only. No content located on or accessed through the Program is intended to, nor does it constitute legal, professional, financial, tax, medical, or healthcare advice or diagnosis, and may not be used for such purposes. RESULTS VARY. COMPANY DOES NOT GUARANTEE ANY RESULTS FROM THE PROGRAM. IT IS IMPOSSIBLE FOR US TO GUARANTEE THESE THINGS, SO WE MAKE NO WARRANTY (PROMISE) THAT 1) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, 2) THE PROGRAM, AND ANY CONTENT PROVIDED IN THE PROGRAM, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 3) ANY ERRORS IN SOFTWARE WE UTILIZED WILL BE CORRECTED, OR 4) YOU WILL BE ABLE TO ACCESS THE PLATFORM(S) ON WHICH THE PROGRAM IS MADE AVAILABLE. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Program or any materials located within the Program.

Highlights: Results aren’t guaranteed, and we make no warranties or guarantees regarding the Program or any specific results.

8. LIMITATION OF LIABILITY

COMPANY WILL NEVER BE LIABLE TO YOU FOR ANY UNFORESEEABLE DAMAGES THAT OCCUR IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM. IF LIABILITY IS IMPOSED ON COMPANY, THE MAXIMUM WE WILL BE RESPONSIBLE FOR IS THE FEE PAID BY YOU IN EXCHANGE FOR ACCESS TO THE PROGRAM. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Highlights: Company disclaims all liability in connection with the Program. If Company is found liable regardless of this disclaimer, the maximum we’ll be obligated to pay is the total Membership Fee you paid as of the date your issue or claim against us arose.

9. PUBLIC FORUMS AND OTHERS’ CONTENT

Public forums or group spaces may be available through the Program (referred to as “Public Forums”). You should be aware that ANY information you post in a Public Forum could be read, collected or used by other users. Company is not responsible for the identifiable information you choose to submit in Public Forums. You are and will remain solely responsible for the content you post on these forums and for the consequences of submitting and posting such things. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted or transmitted by others in the Program (whether in a Public Forum or otherwise) is at your own risk. Company does not warrant the accuracy or timeliness of any information in Public Forums. You must use common sense when it comes to disclosing privileged or confidential information in any group setting and refrain from posting or divulging such information.

Highlights: Use common sense in public forums that might be available as part of the Program. (This means refraining from posting sensitive information, etc.)

10. USER CONTENT

You warrant and represent (aka promise) that all content added to any forums or submitted to us by you (or at your request) including, without limitation, messages, documents, files, images, designs, photos, comments, videos, information, and/or other materials (“User Content”) does not infringe the rights of any third party. By adding, sharing, or uploading User Content during the Program, you warrant and represent that you own or have the necessary permissions to use the User Content in that way. Company is not responsible or liable for any User Content accessible through the Program or any forum or community offered in connection with the Program. User Content does not express Company’s views. Company has the right, but not the obligation, to monitor User Content but does not guarantee that it will edit or delete User Content. Company reserves the right to reveal your identity (or whatever information Company knows about you) if a complaint or legal action arises from your behavior or any User Content submitted or transmitted by you through the Program or any related forum or community. Company is not responsible for the accuracy of any User Content and you -- and not Company -- are solely responsible for any User Content you post, upload, or access. Company provides this Program for entertainment, informational, and educational purposes only. You may not rely on any information and opinions expressed through the Program for any other purpose. 

By posting or uploading User Content through this Program, you grant Company permission to use the User Content in connection with the Program. By submitting User Content, you also grant Company the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location, in connection with broadcast, print, online, or other use or publication of your User Content solely in connection with promoting the Program. Regardless, you waive all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.

Highlights: You control all content that you add or upload through the Program and make certain promises with regard to that content. Company isn’t responsible for any User Content, and you shouldn’t rely on any User Content. We don’t own User Content, but we have a license to use any User Content in connection with the Program.

11. MODIFICATION/SUSPENSION OF THE PROGRAM.

Company reserves the right at any time to modify or suspend, temporarily or permanently, the Program or any part of the Program -- including, but not limited to, adjusting the services included, limiting participation, and/or closing membership -- with or without notice. In the event of a suspension of the Program, Company will issue an applicable pro-rated refund. Company will not be liable to you for any modification, suspension or discontinuance of the Program or any service except as specifically stated in this Agreement.

Highlights: Company can change, suspend, or end the Program under these terms.

12. TERMINATION

You may terminate your participation in the Program at any time by notifying [email protected] in writing of your desire to do so. Any termination does not relieve you of the obligation to pay Membership Fees described in this Agreement incurred through the date of termination. We may terminate your access to any part of the Program at any time if you are disruptive or if you violate this Agreement (as determined in our discretion) and you will not receive a refund or prorated refund of any kind if such termination becomes necessary. 

Highlights: Here is how to terminate your membership in the Program. Membership Fees that you agreed to still apply.

13. FORCE MAJEURE

If circumstances beyond your control or Company’s control make performance of the services included in the Program impossible – including, but not limited to, medical emergency, fire, flood, tornado or other act of weather, riot, war, and/or insurrection – all of Company’s obligations under this Agreement will be suspended until Company may, in Company’s discretion, safely resume performance of the Program.

Highlights: Here is what happens when circumstances beyond anyone’s control strike.

14. SEVERABILITY

If any part of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will remain valid, binding, and enforceable.

Highlights: If any part of this Agreement is stricken or unenforceable, the rest of this Agreement won’t be affected.

15. WAIVER

Company’s failure to insist on or enforce any provision of this Agreement will not be construed as, and does not constitute, a waiver of any other provision or right, or of any subsequent breach. 

Highlights: By waiving one breach of this Agreement, we’re not waiving subsequent breaches.

16. ASSIGNMENT

Company may assign this Agreement to a successor-in-interest. You may not. Any other assignment or attempted assignment made by you or Company will be deemed void.

Highlights: You can’t assign your part in this Agreement.

17. APPLICABLE LAW; VENUE.

The laws of the state of Illinois, without regard to conflicts of laws principles, will govern this Agreement and any dispute that may arise between you and Company or its agents or affiliates. Any and all disputes arising under or related to this Agreement must be settled in a court of competent jurisdiction in (or, if no such court exists, as close as possible to) Chicago, Cook County, Illinois.

Highlights: Here are the state’s laws that apply and the geographic location where any disputes must be brought.

18. INDEMNIFICATION.

You will indemnify, defend and hold harmless Company and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to your material breach of this Agreement. You will cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, under any circumstances, settle any such matter without Company’s written consent. Indemnification for purposes of this Agreement will include attorneys’ fees and costs Company incurs as a result of your breach.

Highlights: If Company suffers damage or is on the receiving end of any claim, lawsuit, etc. in connection with your breach of this Agreement or in connection with the Program, you are financially responsible for all of that damage.

19. COMMUNICATION.

By enrolling in the Program, you consent to receive notices, updates, and other communications from us via email. You may unsubscribe from these notices, but know that by unsubscribing, you may not receive crucial updates to the Program and/or Program Materials. We handle all personal information according to the terms of our Privacy Policy (available at https://www.lolacharlescommunications.com/legal).

Highlights: After you enroll in the Program, we’re going to email you. (You can unsubscribe.)

20. ENTIRE AGREEMENT; ADDITIONAL MISC. TERMS.

The headings and summaries in this Agreement are for reference only and do not affect the interpretation of this Agreement. This Agreement, along with the Summary first listed above, the “Highlight” comments below each section, and Privacy Policy (at https://www.lolacharlescommunications.com/legal), constitute the entire agreement between you and Company regarding the Program and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Program. To the extent the terms in the body of this Agreement conflict or contrast with the Summary at the beginning of this Agreement or any Highlight, the full provisions in the body of the Agreement will govern interpretation of this Agreement. Regardless, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Program. Company may revise this Agreement at any time by updating it and posting it on the Program website, but not without first notifying you. Your continued use of the Program after being notified of any changes that have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to this Agreement.

By enrolling in the Program, you agree that you understand and have thoroughly reviewed this Agreement before signing it, or that you have had ample opportunity to review it and have it fully explained to you.

If you have any questions regarding this Agreement, please contact Company at [email protected].

Highlights: This Agreement supersedes any other agreements between you and Company regarding the Program. Company might update this Agreement, but you will be notified if that happens.