4. RESTRICTIONS ON SOLICITATION.
4.1 Nonsolicitation of Employees or Contractors. During Employee's employment by the Company, and for a period of twelve (12) months following the termination of Employee's employment, regardless of the time, manner or cause of termination, Employee covenants and agrees that Employee will not, directly or indirectly, solicit, invite, or by any way, manner or means, attempt to induce any of Company's current employees or contractors to leave their employment with Company or to become an employee or contractor of any other firm, person, or entity.
4.2 Non Solicitation of Customers. Employee understands and acknowledges that because of Employee's experience and relationship to the Company, Employee will have access to and learn about many of the Company's customers, including Confidential Information about such customers such as their names, phone numbers, email addresses, and preferences. Employee further acknowledges that the Company's loss of customer relationships will cause significant and irreparable harm. During Employee's employment by the Company, and for a period of twelve (12) months following the termination of Employee's employment, regardless of the time, manner or cause of termination, Employee covenants and agrees that Employee will not directly solicit or attempt to induce any of the Company's Protected Customers to obtain eyelash extensions or related services from any other person or entity other than the Company or a person working on the Company's behalf. For purposes of this Agreement, "Protected Customer" means any established customer of the Company for whom Employee provided any services or about whom Employee learned Confidential Information.
4.3 Prohibited Contact. The non solicitation provisions in Sections 4.1 and 4.2 explicitly cover all forms of oral, written, or electronic communication, including, but not limited to, communications by email, mail, telephone, text message, and social media, including, but not limited to, Facebook, LinkedIn, Instagram, Snapchat, and Twitter. However, it will not be deemed a violation of this Agreement if Employee merely updates Employee's profile on a social media site to indicate new or different employment without engaging in any other substantive communication that is prohibited by this Section 4.
4.4 Non Compete. In addition, I understand that my lash artist expertise is a direct result of the time and training provided by Deka Lash. If I choose to resign for any reason from Deka Lash, I agree not to work for myself or any other business in the profession of providing eyelash extensions, lash lifts/tinting, brow laminations/tinting, etc. within a twenty-mile radius of a Deka Lash store owned by Tessnear Inc. or Lash Bosses LLC. for a minimum time of at least six months after my termination date.
5. NON-DISPARAGEMENT.
Employee agrees that covenants that Employee will not at any time disparage, defame or make untrue statements regarding the Company or any of its owners, executives, partners, directors, affiliated entities and agents to any person or entity. A disparaging statement is any communication, oral, written, or digital, true or untrue-including electronic postings on social media-which would cause or tend to cause the recipient of the communication to question the business condition, integrity, legal compliance, competence, fairness, quality of services, or the good character of the person or entity to whom or to which the communication relates. Nothing in this Agreement is intended to prevent, or should be interpreted as preventing Employee from complying with any applicable law, regulation, or order of a court of competent jurisdiction or an authorized government agency, including but not limited to, giving truthful information to the Equal Employment Opportunity Commission or National Labor Relations Board.