- Platform is a Venue. The Platform offers a venue where Users connect for the performance of services . Users of the Platform contract directly with each other and Sweeps is not a party to any contracts or agreements between Users. By using the Platform, you understand and agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and Sweeps or Sweeps and any other User.
- Independent Contractors. Sweeps does not employ Sweepers and, in all cases, Sweepers are independent contractors and not employees of Sweeps. That means Sweepers are free to accept or reject to perform any services, are free from the supervision or control of Sweeps, and provide their own tools and equipment in connection with the performance of any services. As such, Customers are responsible to supervise and control the performance of services by Sweepers. Further, all contracts, agreements and arrangements for the completion of services are between Customers and Sweepers, and Sweeps is not a party thereto. As such, Sweeps does not withhold taxes including, without limitation, unemployment insurance, workers’ compensation, employer’s liability, social security or other payroll withholdings. You understand and agree that if Sweeps is found liable for any taxes, other than on Sweeps’ income, you will immediately reimburse and pay to Sweeps an equivalent amount, including any interest or penalties thereon.
- Connecting Users; No Control. The Platform leverages a proprietary algorithm to connect Users based on numerous factors including, without limitation, Customer criteria and location, and Sweeper skills, location, and equipment requirements. Notwithstanding the foregoing, Sweeps does not have control over any aspect of any services including, without limitation, the legality, timing, quality, performance or non-performance thereof. Further, Sweeps does not supervise or control any aspect of the services performed by Sweepers, and Customers are responsible for supervising and controlling the services performed by Sweepers. As such, Sweeps makes no representations, warranties or covenants about any aspect of any Customer criteria posted or services performed by Sweepers.
- Services and Pricing. Services are offered through various pricing options through the Platform, including, without limited to, hourly projects, flat-fee projects, shift work, job board placements, agency referrals and/or recurring subscriptions for the same. Customers agree to pay Sweeps for the service(s) chosen in accordance with the terms and the then-current pricing of such service(s). In most cases, a valid credit card is required in order to purchase the service(s), with payments processed through the Platform. In those cases, Sweeps may place a “hold” on your credit card for all amounts due. Customers shall pay all amounts incurred in accordance with the then-current pricing for such service(s), which may include charges for labor, tools, equipment, expenses, travel, gratuity, cancellation and any other applicable fees. You hereby authorize Sweeps to charge your credit card for the total amount due for such service(s) purchased. At Sweeps’ sole and exclusive discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Sweeps. For any amounts that are more than three (3) business days past due, 15% interest will be added to the total amount due and compounded every thirty (30) days beginning the day that amount is due, and you shall reimburse Sweeps for all collection costs including, without limitation, attorneys’ fees and court costs. Notwithstanding the foregoing, Sweeps will continue to attempt to process payments on the credit card provided until such overdue amounts are collected.
- Account Security. You represent, warrant and covenant that at all times you will: (A) Maintain the security and confidentiality of your account information including, without limitation, your username and password; (B) Be responsible for all activity that occurs under your account, whether by you or by others; (C) Notify us immediately of any unauthorized use of your profile, the need to deactivate your profile due to security concerns, or any other breach of security; (D) Be liable for all charges, damages and losses incurred or suffered by you and/or by Sweeps as a result of activity under your account; and, (E) Ensure that you log out of your account at the end of each session.
- Your Responsibilities. You represent, warrant and covenant that at all times you will: (A) Be solely responsible for your online and offline interactions with other Users; (B) Not submit to or transmit through the Platform confidential information and/or ideas that you do not want used or shared by others; (C) Comply with all applicable laws, rules and regulations including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and applicable regulatory requirements; (D) Provide accurate information in your profile and as a part of any Job posting, and update such information as necessary; (E) Provide accurate payment information, including credit card, debit card and bank details, as applicable, and update such information as necessary; (F) Comply with notices sent by us concerning the Platform and our operation thereof; (G) Use the Platform in an honest, respectful and professional manner; (H) Use the Platform solely for permitted purposes as it is intended to be used; (I) Report to Sweeps any issues, incidents or claims including, without limitation, for damage to property, within 24 hours of the completion of the service during which such issue, incident or claim occurred; and (J) Not offer or solicit Users to transact off Platform or transact with Users off Platform, provided that if you transact with Users off Platform you agree to pay the then-current fee for such off-Platform transaction. Users shall be solely and exclusively responsible for the performance of these obligations, and Sweeps disclaims, and you hereby release Sweeps from, any and all damages, injuries, losses and liabilities associated with such obligations.
- User-Generated Content. By submitting to or transmitting through the Platform any content including, without limitation, messages, information, data, text, images, or any other materials ("Content"), you hereby grant Sweeps a royalty-free, perpetual, irrevocable, non-exclusive, fully paid, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide, or to incorporate it in other works in any form, media, or technology now known or later developed (for the full term of any rights that may exist to such Content), without restriction or compensation, and to grant and authorize sublicenses thereof. In addition, you represent and warrant that you have waived all so-called "moral rights" in the Content. Sweeps shall have the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any Content posted on the Platform for any reason or no reason at all. By submitting to or transmitting through the Platform any Content, you represent and warrant: (A) That you have sufficient rights in and to the Content; (B) Such submission or transmission is not in violation of any contractual restrictions or other third party rights; and (C) That the Content is accurate, truthful and not confidential. Notwithstanding the foregoing, this Section shall not apply to Content created by a Sweeper specifically for a Customer, provided such Customer pays such Sweeper in full for the Content.
- Third-Party Websites. The Platform may link to websites, applications and/or services operated by third parties including, without limitation, licensors or advertisers (“Third-Party Website”). Sweeps does not control Third-Party Websites and is not responsible for them, their availability, their content or any viruses that may be accessed through them. The inclusion of hyperlinks or other connections to Third-Party Websites does not imply any endorsement of them or any association with their owners or operators. You are solely responsible for reviewing and evaluating whether you want to access or use such Third-Party Websites including, without limitation, any applicable terms and/or privacy practices.
- Intellectual Property. All of the design, text, and graphics of the Platform, as well as the selection and arrangement thereof, are proprietary and copyrighted works of Sweeps, with all rights reserved. The Platform images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Platform, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Platform are the property of their respective owners. All right, title and license in and to deliverables, work product, works of authorship and materials, and portions thereof, and all intermediate and partial versions thereof (“Work Product”), created by a Sweeper and paid for by a Customer are works-made-for-hire owned by that Customer. In the event the Work Product is found by a court of competent jurisdiction not to be a “work-made-for-hire” within the meaning of the Copyright Act of 1976, as amended, the Sweeper hereby expressly assigns to the Customer all exclusive right, title and interest in and to the Work Product without further consideration, and free from any claim or rights of retention on the part of the Sweeper. The Sweeper further agrees to execute all documents that may, in the Customer’s sole discretion, be required to perfect such assignment.
- DMCA Claims. If you believe, in good faith, that any materials on the Platform infringe upon your copyrights, please send the following information to Sweeps’ Copyright Agent at: Sweeps, LLC, 500 Oak Ave Apt B, Carrboro, NC 27510: (A) A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Platform where the material you claim is infringed is located; (B) Include enough information to allow us to locate the material, and explain why you think an infringement has taken place; (C) Your name, address, telephone number, and e-mail address; (D) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (E) A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (F) An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- No Jury; Class Action Waiver. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY DISPUTE. YOU FURTHER AGREE TO WAIVE ANY RIGHT TO RESOLVE ANY DISPUTE AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT YOU ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION, YOU AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION; AND (II) YOU WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
- Disclaimer of Warranties. THE PLATFORM IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE AND EXCLUSIVE RISK. FURTHER, SWEEPS DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM IS SECURE, ERROR-FREE, FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK.
- Referrals. You may earn credits by referring new Users to Sweeps. In order to earn credits, a new User must apply your unique referral code or click on your unique referral link. A new User may only apply one unique referral code or click on one unique referral link. Credits will be applied to your account after a Customer pays for their first Job or a Sweeper completes their first Job successfully. The amount and value of each credit is determined by the then-current promotion. Sweeps may suspend or terminate referral promotions or your ability to participate in referral promotions at any time and for any reason or for no reason at all in Sweeps sole and exclusive discretion. Rewards earned as a result of fraudulent activities are null and void, and we reserve the right to remove credits and suspend or terminate accounts if we become aware of activity believed to be fraudulent in our sole and exclusive discretion.