Terms & Conditions

Last Updated: October 28, 2025

Please read these Terms and Conditions (“Agreement”) carefully. This agreement affects your legal rights.

Go Soiree, Inc., (“Company” or “We” or “Us”) owns and operates http://www.Go-Soiree.com (“Website”) and the Go Soirée^TM mobile application (the “App”) (collectively, the “Platform”) which hosts a marketplace of event vendors and provides a one-stop shop for all persons planning parties and events (“Marketplace”). The Platform and Marketplace are governed under the following Terms and Conditions (Collectively “Terms”).

The Platform enables users (“Members”) to publish, offer, search for, and book services specifically related to the event and party planning field. Members who publish and offer services are “Vendors” and Members who search for, book, or use services are “Consumers.” Vendors offer various types of services which may be utilized during all aspects of event and party planning, including but not limited to catering, entertainment, venue, and travel type services (“Services”), (collectively, “Vendor Services,” and each Vendor Service offering, a “Listing”). As the provider of the Marketplace, Company (or its affiliates) does not own, control, offer or manage any Listings or Host Services. Company is not a party to the contracts entered into directly between Vendors and Consumers and is merely an intermediary providing the connection and servicing payments between Vendor and Consumers. Company is not acting as an agent in any capacity for any Vendor or Member, except as specified in the Payments Terms of Service (“Payment Terms”) outlined in Section 5.

By creating an account with Us or using our Platform and/or Marketplace, you, as the Consumer (“You,” or “Your”), acknowledge and agree to the following terms and conditions. By booking a service or posting a listing, You understand that no confidential, fiduciary, or implied relationship is created between You and Company, other than as outlined in these Terms. Company serves as a platform to connect customers with independent vendors for event services. Vendors are independent contractors, not employees of Company. You acknowledge that Company is not responsible for the services provided by any vendor or the execution of any contract between You and the vendor. You are solely responsible for ensuring the fulfillment of agreements with vendors. All vendors on Company’s Platform operate independently. Any issues related to services must be addressed directly with the vendor.

This Agreement constitutes a legally binding agreement between each Vendor or Consumer who utilizes the Platform or any affiliated websites, mobile applications, and/or social media belonging to Company. If You are a Consumer or utilize the Platform and any offers and/or services provided through the Platform YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY All OF ITS TERMS AND CONDITIONS. For further details regarding Vendor use of the Platform and Marketplace, Vendors are instructed to review the Vendor Service Contract. 

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY DISCONTINUE PARTICIPATION IN AND USE OF THE PLATFORM, ITS SERVICES AND CEASE USE IMMEDIATELY. TERMINATE YOUR ACCOUNT IMMEDIATELY.

THE PLATFORM IS INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE. ALL USERS WHO ARE MINORS IN THE JURISDICTION IN WHICH THEY RESIDE (GENERALLY UNDER THE AGE OF 18) MUST HAVE THE PERMISSION FROM AND BE DIRECTLY SUPERVISED BY, THEIR PARENT OR GUARDIAN TO USE THE PLATFORM. IF YOU ARE A MINOR, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ AND AGREE TO THESE TERMS OF USE PRIOR TO YOU USING THE PLATFORM.

BY CONTINUING USE OF THE PLATFORM YOU HEREBY AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED FULLY IN SECTION 11 BELOW, TO RESOLVE ANY DISPUTES WITH THE COMPANY.

1. CHANGES TO THE TERMS AND CONDITIONS

1.1 Company may at its discretion modify, update, add to, discontinue, remove or otherwise change the terms of this Agreement at any time. Each such modification will take immediate effect. Company may provide You with notices, including those regarding changes to these terms, by website, email, regular mail, text message, in-app messaging, or other reasonable means now known or hereinafter developed but are not required to provide such notice. It is Your responsibility to review the Terms to remain up to date.

1.2 Your continued use of the Platform and its Marketplace following any such notifications constitutes Your acceptance of any and all modifications and Your agreement to continue to be bound by the terms and conditions of this Agreement. If You do not agree to any modification of these terms and conditions in this Agreement, Your sole remedy is to cease use of the Platform. The most current version of these terms and conditions within this Agreement will be available on our Platform and supersedes any and all previous versions.

2. COMPANY’S ROLE

2.1 Company offers Consumers the right to use its Platform and Marketplace to search for desired Vendors and retain and ultimately pay for Vendors’ Services directly through the Platform. Company works hard to ensure that all Consumers and Vendors have great experiences and provide the requested Services, however, Company cannot and does not control the conduct and actions of any Consumers or Vendors. You expressly acknowledge that Company nor any affiliates of Company have the obligation to monitor the use of the Platform and Marketplace or verify the information provided by Consumers or Vendors. Company may, in its sole discretion, record, review, monitor or intervene to enforce these Terms but Company is not required to do so. Consumers and Vendors acknowledge and agree that Company includes Additional Legal Terms, Privacy Policy, and Standards (such as basic requirements for Vendors. Consumers and Vendors agree to cooperate with and assist Company (or its affiliates) in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the Platform or Marketplace. Company is not acting as an agent for any Consumer or Member except for where Company acts as a collection agent as provided in the Payments Terms.

3. ACCOUNTS

3.1 You must register an account (“Account”) to access and use many features of the Platform and Marketplace. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that You are not a person or entity barred from using the Platform under the laws of the United States, Your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep Your Account information up-to-date. You may not transfer your Account to someone else. You are responsible for maintaining the confidentiality and security of Your Account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through Your Account and must immediately notify Company if you suspect that your credentials have been lost, stolen, or Your Account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask You to provide identification or other information, (ii) undertake checks designed to help verify Your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

3.2 By creating an account with the Platform, you agree that we may send you marketing communications by email and push notifications.

You may withdraw your consent or opt out of marketing communications at any time via the unsubscribe link in emails or by adjusting your notification preferences in your account settings or device settings.

4. USER REPRESENTATIONS

4.1 By using the Platform You expressly represent and warrant that You have the legal capacity to comply with the terms stated herein and You expressly agree to the Terms contained in this Agreement;

4.2 By using the Platform You expressly agree that You are above the age of 18 and not a minor within the jurisdiction in which you reside or You are utilizing the Platform with the requisite parental permission;

4.3 You represent that You are not accessing the Platform utilizing any automated or non-human means, including bots, scripts or otherwise;

4.4 You will not use the Platform for any illegal or unauthorized purpose;fee

4.5 You agree that You are solely responsible for paying all fees and costs owed to Company and/or Vendor.

4.6 During Your use of the Platform and Vendor’s Services You may be invited to contribute and or participate with the Platform or other users and/or provide user-generated content, (“Contributions”). Such Contributions may be viewable and/or accessible by other users of the Platform and/or third-party websites therefore any Content You contribute will be considered non-confidential and non-proprietary. 

4.7 When creating or providing Contributions to the Platform, You expressly represent and warrant:

4.7(a) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

4.7(b)  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Company, the Platform, and other users of the Platform to use Your Contributions in any manner contemplated by the Platform and the terms of this Agreement.

4.7 (c)  You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Platform and the terms of this Agreement.

4.7(d) Your Contributions are not false, inaccurate, or misleading or intentionally fraudulent.

4.7(e) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

4.7(f) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Company).

4.7(g)  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

4.7(h) Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

4.7(i) Your Contributions do not violate any applicable law, regulation, or rule.

4.7(j) Your Contributions do not violate the privacy or publicity rights of any third party.

4.7(k) Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

4.7(l) Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

4.7(m) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

4.7(n) Your Contributions do not otherwise violate, or link to material that violates, any provision of these terms within this Agreement, or any applicable law or regulation.

Any violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of Your rights and ability to utilize the Platform.

4.8 By posting Your Content, You grant Company and, as authorized by Company in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your content. This allows us to continue to provide the Platform and Marketplace and to promote Company, and the Services in general, in any formats and through any channels, including across our Platform, Marketplace, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

4.9 You agree not to utilize the Platform to violate any applicable law, regulation, or ordinance. THIS PLATFORM MAY NOT BE USED OR ACCESSED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH THE PLATFORM WAS CREATED.

4.10 You acknowledge and agree that, to confirm receipt of goods or services, You are required to provide the unique numeric confirmation passcode (also referred to as ‘confirmation code’) generated by the Platform to the Vendor at the time of delivery or pickup. Your cooperation in providing this passcode is necessary to complete the fulfillment of Your order.

5. PAYMENT TERMS OF SERVICE

5.1 You are responsible for paying all fees that You owe to Company and/or Vendors. Failure to timely and fully pay for the Services may result in cancellation and termination of Your Account and/or legal action. 

5.2 By making a purchase through the Platform and/or Marketplace, You agree to provide accurate payment information and authorize Company to process the payment for your order. All payments are final unless expressly indicated in our Refund Policy. 

5.3 You agree to provide current, complete, and accurate purchase and Account information for all purchases made. You further agree to timely update Account and payment information so that we can complete Your transactions and contact You as needed. Sales tax will be added to the price of purchases as deemed required by us. Prices are subject to change per the Vendor and Company in no way updates or changes pricing of Vendor’s services. All payments shall be in US dollars. 

5.4 Company uses a third-party payment processor, Stripe® (“Payment Processor”), to handle payment transactions securely. By making a payment to Company through Payment Processor, You agree to the terms and conditions and Privacy Policy of the Payment Processor. Company does not store or have access to Your full payment information.

5.5 Company is the entity acting as a merchant of record and this display may vary depending on the currency and location of your payment instrument. The merchant of record is:

Go Soiree, Inc.

386 S Atlantic Ave. Unit 266

Ormond Beach, FL 32176

5.6 Company focuses on keeping all users safe and providing a worry-free Marketplace. Although Company takes all reasonable measures to ensure safe transactions, You understand that there are still risks involved in the sale and purchase of these Services. Company expressly advises that making any purchases outside of the Platform or Marketplace will significantly increase the risk of fraud or scams.

5.7 Payment may not be processed by the Payment Processor immediately upon booking. Upon submitting a booking request, a payment authorization is created to verify your payment method. After a booking request is submitted, Vendors have up to 24 hours to respond to the booking request. To allow for vendor responses, and any necessary updates payments are typically processed within 24 to 48 hours of the initial request. If a Vendor declines a booking request for a specific item or service, payment for that declined item or service will not be processed, and that portion of the booking will be cancelled. Payment for all other booking items or services confirmed by Vendors will proceed as scheduled. Your payment is released for processing with the Payment Processor after all Vendor responses are received and the booking is confirmed.

6. THIRD-PARTY WEBSITES AND CONTENT

6.1 The Platform may contain (or You may be sent via links contained in the Platform) to other websites, (“Third-Party Websites”) and may be exposed to articles, videos, photographs, text, graphics, pictures, applications, information, or other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Content and Third-Party Websites are not monitored by or in any way affiliated with Company and as such Company is not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on or available through the Platform. 

6.2 If You decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, You do so at your own risk, and You should be aware this Agreement and any of its terms, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website to which You navigate from the Platform or relating to any applications you use or install from the Platform. 

6.3 A product purchased from any Third-Party Website is governed by and subject to the applicable Third-Party Website policies, including applicable exchange and shipping policies. You agree that Company is not an agent of any Third-Party Website and that the Third-Party Website operates independently and are not under Company’s control. Accordingly, Your participation in offers or promotions of, or correspondence with, any Third-Party Website is solely between you and that Third-Party Website. Company does not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion.

6.4 You expressly agree and acknowledge that Company does not endorse the products or services offered by or through Third-Party Websites and You shall indemnify and hold Company harmless from any harm caused by your purchase of such products or services. Additionally, You shall indemnify and hold Company harmless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

6.5 The Platform may provide links to third-party insurance providers, including Thimble Insurance, to assist Vendors in obtaining coverage. Use of these links is optional and at the Vendor’s discretion. Vendors may obtain insurance coverage from any provider, and are not required to use Thimble Insurance. Go Soirée is not responsible for the products, services, policies, or coverage guarantees of any third-party provider. Go Soirée is an affiliate of Thimble Insurance and may earn a commission if a Vendor purchases coverage through the provided link. Vendors are solely responsible for reviewing, selecting, and maintaining any insurance coverage and for understanding the terms, conditions, and limitations of any third-party policy.

7. INTELLECTUAL PROPERTY 

7.1 All right, title and interest in any of the original content created by Company, including but not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs, logos, and graphics on the Platform, belong to Company or its licensors. Additionally, Company shall maintain all right, title and interest in the “Go Soiree”, logo and any other marks, service marks, trademarks or logos of Company and its affiliates (“Company Marks”). The Company Marks may not be used in connection with any product or service that is not Company’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company or implies a partnership, sponsorship, or endorsement by Company. You shall not by any means bid on any keywords with any search engine containing Company Marks or anything substantially similar to any of Company’s Marks. You shall not mention or use Company in any ad text, extensions or banner ads without the express written consent of Company. All other trademarks not owned by Company that are used on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Company.

7.2 The Company Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in this Agreement, no part of the Platform and nothing contained within may be copied, reproduced, aggregated, republished, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

8. MOBILE APPLICATION. 

8.1 If You access the Services via the App, then We grant You a revocable, nonexclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by You, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained within these Terms and on the App. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with Your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App. 

9. INFORMAL DISPUTE RESOLUTION

9.1 Before filing a claim against Company, You agree to try to resolve the dispute informally by submitting Your request directly to Company by e-mailing support@go-soiree.com and include Your name, date of issue, contact information and provide the issue with specific detail. We will try to resolve the dispute informally by contacting You in writing via email or your preferred contact method as stated in Your outreach. If a dispute is not resolved within 90 days of submission via email; You or Company may bring a formal proceeding per the terms of Section 11 of this Agreement.

10. LIMITATION OF LIABILITY 

10.1 Vendor Services You Purchase – Consumers expressly agree and understand that Company does not provide any event, party-planning, or other similar services. Company solely provides the ability for Consumers and Vendors to connect via the Marketplace; the Vendor Services listed and advertised in our Marketplace are curated, produced, listed, and sold directly by independent Vendors, so Company cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item or Vendor Service You purchase must be brought directly against the Vendor. Consumer expressly releases Company from any and all claims related to items or Services sold through our Platform and Marketplace, including for defective items, misrepresentations by Vendors, or items or Services that cause physical injury (like product liability claims or personal injury claims).

10.2 You can use the Platform and Marketplace to interact with other Consumers and Vendors, either online or in person. However, You understand that Company does not screen users of our Services nor individually vet the Vendors responsible for the Services offered other than to meet certain compliance and legal obligations, and You release us from all liability relating to Your interactions with other users – whether Consumers or Vendors. Please be careful and exercise caution and good judgment in all interactions with others, especially when meeting someone in person. Please see the Marketplace Guide which provides helpful tips for successful completion of Your purchases. 

10.3 Our Platform and Marketplace may contain links to Third-Party Websites or services that we do not own or control (for example, links to Facebook, Twitter, and/or Pinterest). You may also need to use a third party’s product or service in order to use some of the features of our Platform and Marketplace (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require You to accept their own terms of use. Company is not a party to those agreements; they are solely between You and the third party.

10.4 All parties expressly agree that claims brought against Company must be regarding Company’s role or use of the Platform. Upon payment made from Company to Vendor, Company has no liability nor obligation to refund or return monies. Should Consumer have an issue with quality of service, seek a refund or reimbursement or any other issue with a Vendor specifically, those claims must be brought directly against the Vendor. Additionally, should a Vendor have an issue with a Consumer, Vendor must seek the requested relief directly from Consumer.

11. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER

11.1 If the informal dispute resolution discussed in Section 9 fails, then You and Company agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, Company’s business, any and all use of this Platform, any of the services provided by Company, and relationship with You, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate (“Arbitration Agreement”) includes any claims against Company’s employees, agents or any subsidiaries of Company. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.

11.2 All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.

11.3 CLASS ACTION WAIVER: YOU AND COMPANY ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither You nor Company can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and the Company further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this Arbitration Agreement and the entire provision compelling arbitration shall be null and void.

11.4 To the extent possible under your local law, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures (“Rules”). The Rules are available online at http://www.jamsadr.com. The arbitrator is bound by the terms of this Agreement. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in Volusia County, Florida.

11.5 Judgment upon the arbitration award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

11.6 Arbitration Fees. Payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be governed by the JAM’s rules and fee schedules, unless otherwise stated in this Arbitration Agreement.

12. INDEMNIFICATION

12.1 You agree to indemnify Company, as well as our respective officers, directors, employees, successors, agents and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by You (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by You.

13. WARRANTY DISCLAIMER

13.1 THE PLATFORM, CONTENT AND THE MARKETPLACE ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PLATFORM, CONTENT OR THE MARKETPLACE, INCLUDING, WITHOUT LIMITATION, ANY LISTING SEARCH RESULTS, LISTING DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY LISTING. COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE PLATFORM AND/OR MARKETPLACE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF LISTINGS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS VENDORS IN CONJUNCTION WITH THE LISTINGS.

14. LIMITATION OF COMPANY’S LIABILITY

14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50) OR THE AMOUNT PAID FOR THE SERVICES AT ISSUE AND GIVING RISE TO THE LIABILITY WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.

14.2 If and to the extent that Company’s performance of its role in providing access and use of its Platform and/or Marketplace pursuant to this Agreement is prevented, hindered, or delayed directly or indirectly by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, denial of service (DNS) attacks, electrical, internet or telecommunications outages that are not caused by Company, ransomware or similar intrusions into critical IT systems and networks, service disruptions involving key hardware, software, or IT systems not within Company’s possession or reasonable control, or any other similar cause beyond the reasonable control of Company (each a “Force Majeure Event”), and such non-performance, hindrance or delay could not have been prevented by reasonable precautions, then the non-performing, hindered or delayed Company shall be excused for such non-performance, hindrance or delay, as applicable, of its role in providing access and use of its Platform and/or Marketplace affected by the Force Majeure Event for as long as the Force Majeure Event continues.

15. TERMINATION OR SUSPENSION

15.1 This Agreement is effective when accepted by You and will remain in effect until You or We terminate your Account. You may terminate Your Account by accessing your Account’s Privacy Preferences. We may terminate this Agreement, Your Account, and Your use of or access to the Platform and Marketplace at any time, for any reason or no reason, including if Your Account remains inactive for a substantial period of time. Any violation of this Agreement or these Terms may result in the termination of Your Account and forfeiture of pending refunds. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Platform or Marketplace or any functionality, feature or other component of the Platform or Marketplace. You agree that Company will not be liable to You or to any third party for any modification, suspension, or termination of the Platform or Marketplace or Your access to the Platform or Marketplace. If You are dissatisfied with any aspect of the Platform or Marketplace at any time, Your sole and exclusive remedy is to cease your participation by terminating Your Account. For any issues in terminating Your Account, please contact support@go-soiree.com Upon any termination of the Program, Your right to use and access the Platform, and the Marketplace will terminate. Termination will not prejudice either you or our remedies at law or in equity.

16. GENERAL PROVISIONS

16.1 Entire Agreement. These Terms and Conditions constitute the entire agreement between You and Company and govern Your use of the Platform or Marketplace, superseding any prior agreements between you and Company with respect to the Platform or Marketplace (including, without limitation, earlier versions of this Agreement that may have been accepted by You). Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding toward Company unless expressly confirmed in writing by Company to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Company services, Company affiliate services, third party content or third party software.

16.2 Choice of Law and Venue. The validity, construction and interpretation of this Agreement and the relationship between You and Company, including the rights and duties of the parties, will be governed by the laws of the State of Florida in the United States without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in Volusia County, Florida.

16.3 Interpretation. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

16.4 Waiver and Severability of Terms. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.

16.5 Assignment. You may not assign, transfer, or otherwise dispose of Your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Company has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent.

17. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)

17.1 Company respects the intellectual property rights of others. Per the DMCA, Company and/or its agents will respond expeditiously to claims of copyright infringement on the Platform if submitted to Company’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Company will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.

If you believe that your intellectual property rights have been violated by Company or by a third party who has uploaded materials to our Platform, please provide the following information to the designated Copyright Agent listed below:

• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Website;
• An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Company, can contact you;
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
• Your electronic or physical signature.

Company may request additional information before removing any allegedly infringing material. In the event Company removes the allegedly infringing materials, Company will immediately notify the person responsible for posting such materials that Company removed or disabled access to the materials. Company may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c). Go Soiree, Inc.’s designated Copyright Agent is:

The Lomnitzer Law Firm, P.A.

7999 N. Federal Hwy

Suite 202

Boca Raton, FL 33487

(561) 953-9300

Litigation@LomnitzerLaw.com

18. PRIVACY POLICY

18.1 Company takes data privacy and security very seriously. Please review our Privacy Policy. By using the Platform, You agree to be bound by our Privacy Policy, which is hereby incorporated into this Agreement. Please be advised the Platform is hosted in the United States of America. If You access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States of America, then through Your continued use of the Platform, You are transferring Your data to the United States of America, and You agree to have Your data transferred to and processed in the United States of America. Further, We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if We receive actual knowledge that anyone under the age of 18 has provided personal information to Us without the requisite and verifiable parental consent, We will delete that information from the Platform as quickly as is reasonably practical.

18.2 We know Your personal information is important to you, so it’s important to Us. Our Privacy Policy further details how Your information is collected, used and shared when You use our Platform and Marketplace. By using our Platform and Marketplace, You’re also agreeing that we can process Your information in the ways set out in the Privacy Policy, so please review this policy in detail.

Both Company and Vendors may process the Consumers’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of Consumers’ personal information under US law. That means that each party is responsible for the personal information it processes in providing the services. For example, if a Vendor accidentally discloses a Consumer’s name and email address when fulfilling another Consumer’s order, the Vendor, not Company, will be responsible for that unauthorized disclosure.  

If, however, Vendor and Company are found to be joint data controllers of buyers’ personal information, and if Company is sued, fined, or otherwise incurs expenses because of something that Vendor did (or failed to do) as a joint data controller of buyer personal information, then Vendor agrees to defend and indemnify Company.