- (312) 833-8123
1. Services. We agree to provide the services (the “Services”) designated on the first page of this Agreement for the period of time thereon (the “Term”). For Matchmaking, the Term will begin the date we notify you of your first potential match. If you are a “Non-Paying Member,” the Services will only include being listed as a potential match for paying members and the Term will end if we or you terminate this Agreement, but we may, at our sole discretion, introduce two Non-Paying Members for matchmaking purposes at no charge. Any unused Services will be forfeited if not used by the expiration of the Term or earlier termination of this Agreement. You acknowledge that the Services are accessible online and that therefore we have no physical dating service office. Thus, you acknowledge and agree that for purposes of the Illinois Dating Referral Services Act 815 ILCS 615/1 et seq., the location of an “enterprise” means any location within Illinois where the Services are available.
2. Termination By You. You may only terminate this Agreement upon written notice to us: (a) within three (3) business days after the first business day after you sign this Agreement, in which case we will refund you all monies you paid under this Agreement; (b) if you relocate your primary residence to a location that is more than 25 miles from where we offer the Services, in which case you shall be liable for only for the charges allocable to the time before you provide us with reasonable evidence of your relocation, plus a fee equal to either 10% of the unused balance or $50, whichever is less; and (c) if you die during the Term, in which case your estate shall be liable only for the charges allocable to the time prior to your death. If you are a “Non-Paying Member,” you may terminate this Agreement at any time. For the purposes of this section, “business day” means any day on which we are open for business, and you must provide us with written notice of the cancellation by certified mail sent to 200 E. Randolph St., Ste. 5100, Chicago, Illinois 60601. If you or your estate is entitled to a refund under this section, we will provide the refund within 30 days of our receipt of your cancellation notice.
3. Termination By Us. We may terminate or refuse to renew your Agreement for any reason not prohibited by law including but not limited to your unsatisfactory payment history, your breach of this Agreement, or your failure to comply with our rules and policies. We reserve the right at any time to collect any delinquent or outstanding balance that has not been paid including for any services or products provided or monthly payments owed.
4. Renewal. You may choose to renew this Agreement by notifying us in writing using a method of written communication that you have previously used to communicate with us. If you choose to renew this Agreement, the Term will be extended for the same length of time indicated on the first page of this Agreement unless we agree otherwise, and you will continue to be bound by the terms and conditions of this Agreement. By renewing this Agreement, you agree to pay our then-current rate for Services. If you do not expressly renew this Agreement but continue to access or use the Services after expiration of the Term, this Agreement shall automatically continue on a month-to-month basis, subject to all terms and conditions of this Agreement, at our then-current month-to-month rates. Either party may terminate such month-to-month arrangement upon written notice to the other
5. Your Information, Representation, and Warranties. You represent and warrant that you are at least 18 years old, you have never been convicted of a criminal offense or have disclosed any criminal conviction to us, and you have not been previously suspended or removed from the Services. You agree that you are a resident of Illinois, and that you will provide us with current, accurate, complete, and updated information including your name, address, telephone number, and applicable payment data. You agree to promptly notify us of any changes in your information, including any changes to your method of payment. We will maintain a copy of this Agreement during the Term and for 3 years thereafter or as otherwise required by law.
6. Background Check Notice. We conduct a criminal background screening on each member of our matchmaking service prior to permitting the member to communicate with another member. We do allow members who have been identified as having a criminal conviction to have access to our matchmaking services under certain, limited circumstances, as detailed in our Background Check Policies. You are advised and acknowledge that criminal background screenings are not foolproof, may give members a false sense of security, and are not a perfect safety solution. You further acknowledge that criminals may circumvent even the most sophisticated search technology, not all criminal records are public in all states, and not all databases are up to date. Only publicly available convictions are included in the screening and screenings do not cover other types of convictions or arrests or any convictions from foreign countries. Non- Paying Members must pay our background check vendor directly and all other members will not be charged for the background check.
7. Interactions. You acknowledge that you assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. We do not make any representations, warranties, or guarantees as to the conduct of others, information provided by others, or their compatibility with you. You acknowledge that not all members of the matchmaking services are available for matching and that we may create test profiles or accounts to monitor the operation of the Services. You agree to take all necessary precautions when meeting others, especially if you decide to meet in person. In addition, you agree to review our dating safety tips prior to using the Services. These tips provide general advice aimed at engaging in safer dating practices, such as not providing your last name, home address, place of work, financial information (such as your credit card number or your bank account number) or other identifying information to other users and stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. You agree to treat all other users with dignity and respect.
8. Hold Period. For Matchmaking, you may place your membership on hold for any reason by providing written notice to us (email or mail). The total cumulative hold time may not exceed the length of your contract Term (e.g., up to 6 months for a 6-month Term. During any hold period, the Term will be paused for the duration of the hold.
9. Release. In consideration of obtaining the Services, and for other good and valuable consideration, you agree to release and discharge from liability us (Soul Search, LLC), our owners (including without limitation Sonia Neameyer), and our agents and contractors, and each of the foregoing parties’ respective shareholders, owners, directors, officers, members, managers, attorneys, employees, agents, successors and assigns, owned, controlled and affiliated entities, and all other persons or entities acting for or on behalf of them (collectively “Releasees”), on behalf of you and your heirs, executors, administrators, personal representatives, next of kin and estate, and assigns (collectively “Releasors”). To the maximum extent permitted by law, you hereby voluntarily release, forever discharge, and agree to appear, defend, indemnify and hold harmless Releasees from and against any and all claims, demands, damages, or causes of action which are in any way connected to, or resulting from, (a) your use of or inability to access or use the Services or any other services provided by us to you, (b) the conduct or content or any uses or third parties on or through any of our Services, or third-party applications or services you or we use in connection with the Services, and (c) any unauthorized access, use, or alteration of your content. Should Releasees or anyone acting on their behalf incur attorneys’ fees or costs in any dispute relating to or arising under this section, you agree to indemnify and hold them harmless from and against all such fees and costs. You understand and agree that if any portion of this Release is held invalid, the balance shall be valid and continue in full legal force and effect, and that this Release will apply even if we are aware or have been advised of the possibility of damages. You further understand and agree that this Release is intended to and shall supplement any other assumption of risk, release, waiver of liability, and/or indemnification provisions in favor of us or Releasees that you or Releasors have agreed to or may agree to in the future. To the maximum extent permitted by applicable law, you agree that our aggregate liability to you for any claims related to the Services provided to you by us will not exceed the amount paid, if any, by you to us for any Services in the 24-month period immediately preceding the date you file an action against us. This damages limitation applies regardless of the theory of liability and applies to all Services provided by us to you. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
10. Binding Arbitration; Class Action Waiver. You agree that any dispute arising out of or relating to this Agreement or your participation in the Services or relating in any way to the relationship of the Releasees and Releasors created by virtue of the Services, including any such dispute with Releasees (collectively defined as a “Dispute”), shall be governed by Illinois law. Any Dispute shall be resolved by final and binding individual arbitration (rather than in court) and without a jury, conducted in Chicago, Illinois. The arbitration shall proceed in-person before a single arbitrator, administered by the American Arbitration Association (AAA) under its then-current Consumer Arbitration Rules (available at www.adr.org). Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation, or scope of this Agreement, and who are proper parties to the arbitration, shall be submitted to and ruled on by the arbitrator, not a court. Any arbitration shall be conducted only on an individual basis and not in a class, consolidated, or representative action. No party, including Releasors and Releasees, may pursue a Dispute, in arbitration or otherwise, as a class action, mass action, private attorney general action, or other representative action, nor may any Dispute be pursued on behalf of the Releasors in any litigation in any court. If, despite the terms of this section, for any reason a Dispute proceeds in court rather than in arbitration, Releasors and Releasees waive any right to a jury trial.
BACKGROUND CHECK POLICIES
Soul Search LLC (“we,” “us” or “our”) is a Chicago-based Matchmaking & Coaching firm that helps clients bring joy back into their dating journey and find love with their ideal partner. We focus on providing quality introductions and supporting our clients to be their best authentic selves.
Background Check Screening
Any person who uses our matchmaking services, including paying clients and non-paying members, are referenced here as “Member”. Every Member, including you, must undergo a criminal background check screening (a “Background Check”) performed by a third-party vendor (the “Vendor”). We have no control over the Vendor or the results of its search, and We do not make any representations or warranties for the actions or inactions of the Vendor. You hereby agree to voluntarily release, forever discharge, and defend, indemnify, and hold harmless, us and our owners, employees and agents, from and against any and all claims, demands, damages, or causes of action which are in any way connected to, or resulting from the actions or inactions of the Vendor, including without limitation any incorrect information provided to us. We will not release the results of the Background Check to you. The Vendor may release the results of the Background Check to you upon your request. If we decline to provide you services based upon the results of the background check, you will receive a copy of your Background Check results along with a letter explaining the reason(s) for the decline. If you believe the Background Check contains any inaccuracies, or have any other issue with the Background Check, you must contact the Vendor.
To complete your Background Check, the Vendor will need you to provide the following via a secure link: (1) first name, (2) last name, (3) current address, (4) date of birth, (5) social security number, and (6) signature, so the Vendor may verify your identity and court records, if any, with this information. For paying clients of our matchmaking services, the background check fee will be covered. For non-paying members of our matchmaking services, you will also need to provide your credit card information for the background check fee.
Background Check Notice
You are advised and acknowledge that Background Checks are not without error, are not foolproof, may give Members a false sense of security, and are not a perfect safety solution. You further acknowledge that criminals may circumvent even the most sophisticated search technology, not all criminal records are public in all states, and not all databases are up to date. You are also advised that only publicly available convictions are included in the Background Check and Background Checks may not cover all convictions or arrests, nor do they cover any convictions from foreign countries.
Acceptance of Policies
When you decide to become a Member, you will be bound by these Membership Background Policies, referenced here as “Agreement”.
We reserve the right to amend this Agreement as we deem necessary, for reasons including but not limited to changes in applicable laws, changes in our business practices, or changes in our service offerings.
We will make every effort to notify you if there are any material changes to this Agreement.
By continuing to use our services following the implementation of these changes, you will be considered bound by the updated version of the policies of this Agreement.
You agree that this Agreement supersedes any prior agreements between us and you regarding Background Check policies.
Summary of Policies
In order to keep our Members safe to the fullest extent possible, we will use the Vendor to conduct Background Checks at the time membership is being considered and at any other time we deem appropriate. We will request that Background Checks include criminal convictions and arrest records to the extent permissible by law. These Background Checks will not include marital status or credit history. Furthermore, these Background Checks will not include any criminal activity after the date the Background Check was last completed.
We will decline services to any person whose Background Check reveals a conviction for a violent crime, sexual crime, repeated arrests, and/or repeated criminal convictions. We will decline services to the vast majority of people whose Background Check reveals a conviction for any other crime.
Notwithstanding the above, we may choose to provide services, upon very cautious discretion, to any person who made a minor, one-time mistake in the past and since then has shown improved behavior and track record. For example, an exception may be granted to a person who received a DUI (driving under the influence) over 10 years ago, learned from the mistake, and does not have any similar offenses since then. This type of exception may occur because we do not want to exclude any person who previously made one minor mistake which is not being shown as representative of who this person currently is now.
Please note that safety is our top priority when making these types of decisions. And, if any person is given a minor exception similar to the example stated in the previous paragraph, this person is agreeing that we will disclose this information (without sharing this person’s name or face) with the matched client/member to get their prior approval before continuing with the introduction. If the matched client/member wants to proceed to explore the match despite this information, the introduction made by us will include this person’s identifying information like name, face, & other relevant details).
Confidentiality
We will keep your private information confidential, except in situations mentioned in the “Summary of Policies” section above. We make no representation or warranty as to the methods by which the Vendor keeps, preserves, discloses, or otherwise uses Members’ personal information and other data.
You agree to keep confidential the information, if any, you receive from the Background Checks of other Members. You agree you will not use the information of another Member and our services for any unlawful, nefarious, or criminal purpose.
We may terminate services for any Member who breaches the obligations of confidentiality without reimbursing any fees or dues previously paid.
Limitation of Liability
You agree that all information you submit to us is truthful and accurate.
We rely on the integrity and accuracy of the information provided by our Members, in addition to the information provided by Background Checks completed on our Members.
Despite our best efforts to keep Members safe and gather necessary information about each Member, you acknowledge that we cannot guarantee all important information will be uncovered before an introduction is made and we have no control over the actions of third parties.
You agree to use caution in all interactions with other Members when you decide to communicate or meet in person. You must take reasonable precautions, including but not limited to the “Dating Safety Guidelines” we provide in each introduction.