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Soulstice Dating Terms & Conditions
This Agreement (this “Agreement") is by and between 9XXIV LLC (d/b/a Soulstice Dating) (the "Company") and the member (the "User"):
SOULSTICE DATING MEMBERSHIP AGREEMENT
LICENSE AGREEMENT & TERMS OF SERVICE
Last Updated: January 28, 2024
Thank you for selecting Soulstice Dating offered by 9XXIV LLC (referred to as “Soulstice Dating” “we,” “our,” or “us”). Soulstice Dating is a matchmaking subscription service that includes reselling certain bundled services offered by third parties (the “Subscription”). Please review these subscription terms (“Agreement”) thoroughly.
This Agreement is a legal agreement between you and 9XXIV LLC. By clicking or digitally signing this agreement indicating acceptance electronically, accessing or using the Subscription, you agree to these terms. If you do not agree to this Agreement, then do not indicate acceptance of the Agreement and do not use the Subscription.
Notice to California subscribers: You may cancel your Subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple, not Soulstice Dating. If you wish to request a refund, please visit https://getsupport.apple.com. If you subscribed using your Google Play Store account or through Soulstice Dating Online, contact customer support.
1. AGREEMENT
This Agreement describes the terms governing your use of the Subscription including content, updates and new releases (collectively, the “Subscription”) and gives you certain rights and responsibilities, as more fully described herein.
The Agreement includes by reference:
• The Privacy Policy available on the soulsticedating.com website;
• Additional Terms and Conditions for the Subscription, including any licenses, terms of service or other terms of use from third parties offered in connection with the Subscription which may be located on such third party’s website or platform; and
• Any terms provided separately to you for the Subscription, including but not limited to, web or email product or program terms, ordering, activation, pricing, renewal, and payment terms, where applicable.
2. LICENSE GRANT AND RESTRICTIONS
2.1 The Subscription is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to use the Subscription, and all other rights in the Subscription not granted to you in writing are reserved. As long as you meet any applicable payment obligations and comply with this Agreement, 9XXIV LLC grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Subscription only for the period of use provided in the Client Services Agreement, if applicable, or as set forth in this Agreement.
2.2 You acknowledge and agree that the Subscription is licensed, not sold. You agree not to use the Subscription in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by 9XXIV LLC in writing, you agree you will not:
• Provide access to or give the Subscription or any part of the Subscription to any third party or unauthorized user;
• Reproduce, duplicate, copy, deconstruct, reverse-engineer, sell, trade or resell the Subscription;
• Transfer your license to the Subscription to any other party;
• Permit any third party to benefit from the use or functionality of the Subscription via shared profiles or login information, a rental, lease, timesharing, service bureau, hosting service, or other arrangement, or upload, host, use or access the Subscription via a timesharing, service bureau, virtualization, application hosting or other remote access arrangement;
• Provide false or misleading information in your profile, application(s), or online reviews;
• Use the Subscription to engage in “inappropriate personal behavior” such as hate speech, bullying, cyberterrorism, sexual assault, domestic violence or stalking (including cyberstalking), arrest or conviction for a violent crime, theft, embezzlement, fraud, conversion, sexual harassment or sexual assault, or actions that violate Soulstice Dating community standards.
• Attempt to reverse engineer, analyze, disassemble, deconstruct, decompile, copy, or reproduce the Subscription or any of its components.
If you violate any of these terms, this Agreement and your license to use the Subscription may be terminated by 9XXIV LLC in its sole discretion and you will forfeit any subscription fees paid to the Company.
3. PAYMENT METHOD, CANCELLATIONS, REFUNDS, and AUTO-RENEWAL OF SUBSCRIPTION
Soulstice Dating is a Subscription as a service (“SaaS”) product licensed on a subscription basis and the following terms apply, unless 9XXIV LLC notifies you.
You agree that your purchase of a subscription is not contingent on the delivery of any future functionality or features, or dependent on any verbal or written public comments made by us regarding future functionality or features.
Payments will be billed to you in U.S. dollars, and your account will be billed when you subscribe and provide payment information according to the payment terms on the website for the Subscription at the time you subscribed. Current Subscription term options: Two Month, Annual (pre-paid).
3.1 Trial Period
If your Subscription is activated, your credit or debit card will be automatically charged for the full subscription price for the initial two-month term. Your monthly charges will continue every 30 days unless you cancel as per section 3.2. To cancel your subscription you may use the Cancelation Form within Soulstice Dating or email our support team directly at support@soulsticedating.com
3.2 Payment Method
Your subscription must be paid with a valid debit or credit card acceptable to 9XXIV LLC. Currently, invoicing and paying by check is not available for your Soulstice Dating subscriptions. Your credit card information is managed in a secure, encrypted environment (Level 1 PCI compliant, managed using multi encrypted keys and does not have ability to connect to the internet). 9XXIV LLC will only have access to the last four digits and will be used for billing account verification only.
3.3 Refunds, Cancellations, and Billing
A minimum 7-day notice before the end of the payment period is required to cancel your Soulstice Dating Subscription, and your Subscription will terminate at the end of the Subscription Term. There are no refunds for canceled Subscriptions, as described in Section 3.3.
Cancellation request must be made, in writing, via the Cancelation Form or by emailing our support team directly at support@soulsticedating.com by the account holder or authorized representative.
9XXIV LLC reserves the right to immediately terminate access to services in the event your payment method is declined, or if there are any settlement failures.
Once you choose a payment period there are no refunds during that chosen payment period. 9XXIV LLC, does not provide prorated refunds during a payment period. You will be billed through the remainder of the payment period.
3.4 Auto-renewal
Soulstice Dating automatically renews the Subscription at the current rate, as required for you to maintain access to Soulstice Dating, unless your subscription to the service is canceled or terminated under this Agreement. If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may immediately suspend or terminate your account, terminate your license and refuse any further use of Soulstice Dating.
3.5 No-Shows, Missed Dates, or Cancellations within a 48-Hour Period
User agrees to attend scheduled dates. Missed dates are not refunded or rescheduled. Dates may be re-scheduled at the discretion of Soulstice Dating if requested at least 48-hours prior to the start time by contacting support@soulsticedating.com for assistance. See the Community Standards in effect at the time of the Date for more details.
6. PRE-PAYMENT OF DATE, FEES, AND SERVICES
6.1 User acknowledges that any and all fees paid in advance of Date are predetermined, fixed, and non-refundable. This means that Users must stay within a pre-set fee range when incurring any expense on said Date. The predetermined cost of the Date is a floor-set cost. This means any unused funds, unspent funds, or underpayment that are not allocated towards the Date are non-refundable. Any expenses in excess of the predetermined fee must be paid at the time the expense is incurred by the User. This includes but is not limited to: food cost, ticket cost, special event pricing, merchandise, products or services rendered.
6.2 The predetermined fee is dependent upon the Users subscribed tier level. Current tier levels include: Glow, Rise, and Flare. What is included in a Date depends on the tier level selected by the User in advance. Included in every package will be fixed price menu options, gratuity, cover charges, and a Stripe fee. Any overages of the selected tier level or package are the sole responsibility of the User. Soulstice Dating will not be liable for any overages or charges in excess of the subscribed tier level. It is the responsibility of the User to account for all charges and communications with the Date venue at the time the services are rendered.
Payments/fees are based on the services provided and Date opportunities reserved and not the actual usage. The number of dates purchased cannot be decreased during the relevant subscription/license term. No-shows at a scheduled Date may result in termination of your Subscription without a refund. For unavoidable delays (e.g., illness, accident, government shutdowns, etc.), please contact support@soulsticedating.com in advance of your Date start time for assistance.
You understand and agree that other users you meet on dates will have the opportunity to give subjective feedback on your behavior and attributes, and that you may be required to complete relationship coaching or training before attending additional dates (which may require you to pay an additional fee).
6.3 Penalty for Missed Dates
User acknowledges that the Subscription allows for a pre-determined number of scheduled dates. Failure to appear for Dates without sufficient notice is detrimental to the Soulstice Dating Community, its members, and its partners. Failure to appear for a scheduled date will result in revocation of that Date opportunity, no refund of the reserved Package, and may result in termination of the User’s Subscription without refund. User may be required to respond to a questionnaire at the sole discretion of Soulstice Dating in regard to an explanation for the failure to appear. Failure to respond to the required questionnaire may result in termination of membership.
7. YOUR PRIVACY AND PERSONAL INFORMATION.
You can view 9XXIV LLC’s Privacy Policy on the Soulstice Dating website. You agree to be bound by the applicable Soulstice Dating Privacy Statement, subject to change in accordance with its terms. Most importantly, you agree: To Soulstice Dating maintaining your data according to the 9XXIV LLC Privacy Statement, as part of the Subscription.
8. CONTENT AND COMMUNITY STANDARDS
You are responsible for your profile content. You are legally responsible for all information, data, text, Subscription, music, sound, photographs, graphics, video, messages or other materials (‘Content’) uploaded, posted or stored through your use of the Subscription. You agree not to use the Subscription for any illegal purpose or in violation of any applicable local, state, federal or international law. You are responsible for any Content that may be lost or unrecoverable through your use of the Subscription. You agree that you will not use the Subscription to share, store, or in any way distribute data that is not in accordance with the law. Any users suspected of using the Subscription in any manner that involves fraud, embezzlement, money laundering, prostitution or human trafficking, illegal drug use, insider trading, support for terrorism, or any other activity prohibited by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. 9XXIV LLC is not responsible for the Content or data you provide through your use of the Subscription. You agree not to use the Subscription to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
(a) Illegal, fraudulent, libelous, defamatory, obscene, porno
(b)
(c) graphic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack on others, or criminal or civil liability under any local, state, federal or foreign law;
(b) Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);
(c) Except as otherwise permitted by 9XXIV LLC in writing, unsolicited commercial communications, such as, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
(d) Virus, trojan horse, ransomware, worm or other disruptive or harmful Subscription or data; and
(e) Any information, Subscription or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
9. BEHAVIORAL CODE OF CONDUCT
The Soulstice Dating community relies upon the sincerity and authenticity of its members. This means aiming for punctuality and wearing appropriate attire and adhering to venue dress codes, greeting an individual with warmth, offering genuine compliments, actively engaging in conversation, respecting boundaries, using polite language, treating the other party with dignity, grace and appreciation.
The emphasis here is on respect, kindness, and consideration - fostering a positive and enjoyable atmosphere throughout the date. Soulstice Dating reserves the right to terminate any Users subscription, in its sole discretion, without refund, for any conduct in violation of this behavioral code of conduct.
10. PROHIBITION ON UNWANTED COMMUNICATIONS
(a) Soulstice Dating may not be used for the sending of unsolicited email messages or other forms of communication including but not limited to text messages and/or voice drops (“spam”). We may terminate your access to or use of Soulstice Dating without a refund if we determine that your level of spam or other complaints is higher than our community standards allow, as determined by us in our sole discretion. As a matter of privacy, you will not be provided with information about those recipients who complain about your use of Soulstice Dating or file a spam report against you.
(b) If you contact another user of the Soulstice Dating community, and such recipient has not responded or does not respond affirmatively to your request for communication, you agree that you shall not send messages to that recipient. You agree not to send messages through Soulstice Dating to distribution lists, newsgroups, publicly available press or media addresses, or purchased email addresses.
(c) We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent spam from entering, utilizing or remaining within our community.
(d) Messages. In your use of Soulstice Dating you shall represent yourself and your relationship status accurately and will not impersonate any other person, whether actual or fictitious.
11. USER BACKGROUND CHECK
Due to the nature of the services, a non-refundable fee for your initial background check is required prior to activation of your Subscription. Soulstice Dating, in its sole discretion, will determine if your background check allows your Subscription to be activated. You agree to allow Soulstice Dating or its Third Party Service Provider(s) to make investigation into your background, character, social media use, consumer reports, past employment, criminal history, and/or identity verification, which may be in any state, federal, or local files, including those maintained by both public and private organizations, and all public records, for the purpose of confirming User identity and the information contained on User profile and application to participate in the Soulstice Dating community and which may be material to User use of the Subscription. An electronic or emailed consent to this investigation shall be considered as valid as the original consent.
11.1 NON-REFUNDABLE BACKGROUND CHECK FEE
All Recipients are required to pay a non-refundable fee to conduct background checks, social media screening, and photo ID verification through Data Facts and Veriff. Even if Recipient does not pass the aforementioned background checks, or if Provider determines that Recipient is unfit to participate in its Services for any reason, at Provider’s own discretion, the fee for the Services is non-refundable.
11.2 SUBSCRIPTION USE CONTINGENT UPON BACKGROUND CHECK
In the event that recipient does not pass the mandatory background check the Recipient may be denied entry into the Provider’s platform. Factors that are taken into account when determining whether a Recipient may be denied entry into the Providers platform include, but are not limited to, the Recipient’s: criminal history; marital status; supplying false credentials; credit history; history of failure to pass a drug screening; social media concerns; false or misleading information supplied regarding poor references; driving record; educational discipline or misleading credentials.
11.3 BACKGROUND CHECK CONDUCTED BY VERIFF AND DATAFACTS
Prior and contingent upon the use of the Subscription, User will be subjected to a background check conducted by a third-party servicer. This background check may be periodically updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and security of the Subscription. Additional Terms and Conditions for the background check, including any licenses, terms of service or other terms of use from third parties may be located on such third party’s website or platform; including but not limited to: veriff.com; datafacts.com; or getbsafe.com.
12. BSAFE TERMS OF USE
Through use of the Subscription User may be subjected to the security and features of the bSafe platform. This requires downloading and instillation of the bSafe application on the Users smartphone. Through the use of the Subscription and in accordance with the terms of this Membership Agreement it is mandatory that all Users Check-in and Check-out of scheduled Dates. This requires utilization of the “I’m here” feature of the bSafe platform. bSafe is a Third-Party security feature embedded into the Subscription for the purpose of preventing crime, violence, assault, and like natured events. All User’s are encouraged to use all features available through the bSafe platform.
9XXIV LLC will not be responsible for any loss or damage incurred as a result of User’s use of Third- Party Services, regardless of whether User was directed by the Subscription to such Third-Party Services. References made by Subscription to a Third- Party Service shall not be construed as Provider’s approval or endorsement of such Third-Party Service. Specifically, 9XXIV LLC shall not be held accountable for any disputes, liabilities, or warranties for a specific purpose supplied through the use of bSafe’s platform. While the Subscription collaborates with bSafe for enhanced safety and verification, bSafe services are limited and outlined in the Terms and Conditions agreed through this Third-Party platform. More information for the terms of service or other terms of use may be found on getbsafe.com.
13. ADDITIONAL TERMS YOU AGREE TO
13.1 Communications choices. 9XXIV LLC may be required by law to send you communications about the Subscription or Third Party Products. You agree that 9XXIV LLC may send these communications to you via email or by posting them on our website. We may also send business communications such as confirmations or notices, which will be delivered to you via email or posted on our website. You are required to receive these communications. You can choose not to receive some types of communication, such as marketing messages.
13.2 You will maintain control of your account and any passwords and accept service updates. You are responsible for securely managing your password(s) for access to the Subscription. If you become aware of any unauthorized access to your Subscription account, theft or loss of your password, you agree to contact 9XXIV LLC as soon as possible. The Subscription may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Subscription.
14. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SUBSCRIPTION AND CONTENT ACCESSIBLE THROUGH THE SITE AND RELATED THIRD PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SUBSCRIPTION IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 9XXIV LLC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, ‘SUPPLIERS’) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SUBSCRIPTION IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SUBSCRIPTION. 9XXIV LLC AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SUBSCRIPTION IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. FURTHER, 9XXIV LLC DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE, CONTENT OR DATA TRANSMITTED THROUGH THE SUBSCRIPTION. YOU USE THE SITE AND PARTICIPATE IN DATES AT YOUR OWN RISK AND AGREE TO TAKE ALL STEPS NECESSARY TO ENSURE YOUR OWN SAFETY AND COMFORT, AND THE SAFETY AND COMFORT OF OTHERS. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
15. LIMITATION OF LIABILITY AND INDEMNITY.
15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF 9XXIV LLC, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE Subscription DURING THE TWO (2) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, 9XXIV LLC AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIALINCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF Subscription OR HARDWARE THAT DOES NOT MEET 9XXIV LLC SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF 9XXIV LLC AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF 9XXIV LLC, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SUBSCRIPTION AND ITS USE.
15.2 YOU AGREE TO INDEMNIFY AND HOLD 9XXIV LLC AND ITS AFFILIATES AND SUPPLIERS HARMLESS FROM ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF YOUR USE OF THE Subscription OR BREACH OF THIS AGREEMENT (COLLECTIVELY REFERRED TO AS “CLAIMS”). 9XXIV LLC RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND AT ITS OWN EXPENSE TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIMS. YOU AGREE TO REASONABLY COOPERATE AS REQUESTED BY 9XXIV LLC IN THE DEFENSE OF ANY CLAIMS.
16. CHANGES TO THIS AGREEMENT OR THE SUBSCRIPTION.
We reserve the right to change this Agreement from time to time upon reasonable notice to you, and the changes will be effective when posted on our website for the Subscription or when we notify you by other means. We may also change or discontinue the Subscription, in whole or in part, including but not limited to, any feature or aspect of the Subscription, Internet-based services, pricing, technical support options, and other product-related policies. Your continued use of the Subscription after 9XXIV LLC posts or otherwise notifies you of any changes, indicates your agreement to the changes.
17. TERMINATION.
9XXIV LLC may immediately and without notice terminate this Agreement or suspend or terminate the license to the Subscription if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 7.1). Upon any termination you must immediately stop using the Subscription and any outstanding payments will become due. Any termination of this Agreement shall not affect 9XXIV LLC’s rights to any payments due to it. Other requirements regarding termination or cancellation of your license to the Subscription may apply based on updates to this Agreement and our Community Standards. Sections 1, 5, and 7 through 14 will survive and remain in effect even if the Agreement is terminated, canceled or rescinded.
18. GOVERNING LAW; ARBITRATION.
The law of the State of Texas governs this Agreement without regard to its conflicts of laws. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE Subscription OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Texas law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction in the State courts located in Dallas County or Federal courts located in the Northern District of Texas. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND 9XXIV LLC ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
This Section 12 shall survive expiration, termination, or recession of this Agreement.
19. MISCELLANEOUS
This Agreement is the entire agreement between you and 9XXIV LLC and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 10 above. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement. However, 9XXIV LLC may assign or transfer it without your consent to:
(a) an affiliate,
(b) another company through a sale of assets by 9XXIV LLC, or
(c) a successor by merger.
Any assignment in violation of this Section shall be void.
20. FORCE MAJEURE CLAUSE
In the event that either party is unable to fulfill the obligations related to a scheduled Date due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, government regulations (ie. Any plague, epidemic, pandemic or outbreak of infectious disease, including quarantine or government ordered restrictions), natural disasters, strikes, or any other unforeseeable event (hereinafter referred to as a 'Force Majeure Event'), the affected party shall promptly provide written notice to the other party detailing the nature and extent of the Force Majeure Event. Dates may be canceled without providing any notice to User due to a Force Majeure Event.
Upon receipt of such notice, both parties agree to discuss and assess the impact of the Force Majeure Event on the scheduled Date. If, as a result of the Force Majeure Event, it becomes impractical or impossible to proceed with the Date, either party may propose to cancel or reschedule the Date in writing.
In the event of a mutual agreement to cancel the Date due to the Force Majeure Event, neither party shall be deemed in breach of their obligations under this agreement, and no party shall be liable for any damages, costs, or penalties resulting from the cancellation. The Date may be rescheduled and a Credit will be awarded to the Users account. The Date may not be refunded.
The parties will make reasonable efforts to reschedule the date or make alternative arrangements to fulfill the obligations under this agreement once the Force Majeure Event subsides.
It is understood that the party seeking to rely on the Force Majeure clause shall provide prompt notice and communicate openly with the other party regarding the circumstances and potential impact on the scheduled date.
21. ENTIRETY OF AGREEMENT
This Agreement is the entire, final, complete, and fully integrated agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreements or communications between the Parties, whether written, oral, electronic or otherwise.”
22. ACCEPTANCE
Each time you use the Subscription or participate in a Date, you affirm your agreement that you have read, understood, and accepted this Agreement.
23. ONE-TIME BETA TESTING EXCLUSIVE OFFER
As an exclusive, one-time offer, select BETA testing Users will be provided certain non-transferable rights. In exchange for a seventy-four dollar ($74.99) initial Subscription fee Soulstice Dating agrees to cover the User’s background check and verification processing fees (a $39 value). These select Users will also receive a one-time only upgraded Date applicable to one out of the six initial Dates. This one-time upgrade will allow the User to experience the second-level tier experience (a $100 value) covered by Soulstice Dating.