THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 8 TO RESOLVE ANY DISPUTE RELATED TO THE SWEPT DATING EARLY ADOPTER REWARDS PROGRAM OR ANY SERVICE PROVIDED BY SWEPT TECHNOLOGIES GROUP, LLC (D.B.A. SWEPT DATING).
These Swept Dating Early Adopter Rewards (as defined below) terms and conditions (“Terms and Conditions” or “Agreement”) shall govern the program relationship between an individual (“Member” or “you”) who agrees to participate in Swept Dating Early Adopter Rewards (as defined below) and Swept Technologies Group, LLC (d.b.a., “Swept Dating”) (collectively, the “Parties”). This Agreement also includes, and incorporates by reference, Swept Dating’s Privacy Policy (https://help.sweptdate.com/privacy).
You must carefully read this Agreement along with our Privacy Policy. When you register as an early adopter on the Early Adopter Sign-up form, the Swept Dating Privacy Policy applies and explains our data collection practices on the Swept dating service. Upon submitting your early adopter registration, you represent and warrant that you have read, that you understand, and agree to be bound by the terms of this Agreement, as modified by Swept Dating from time to time and posted on the early adopter form. If you do not agree to this Agreement, or any modifications to this Agreement by Swept Dating, then you have no right to sign up for the Early Adopter Rewards.
TERRITORY RESTRICTIONS – THE SERVICES ARE LIMITED TO RESIDENTS OF, AND ALL REGISTERED ACCOUNTS MUST HAVE A HOME ADDRESS LOCATED IN, THE UNITED STATES.
1. Swept Dating Early Adopter Rewards Summary.
Through its Early Adopter Registration form, Swept Dating offers special rewards programs for those who submit their contact information as an early adopter for a future subscription on the Swept Dating App. Swept Dating reserves the right to change these Terms and Conditions as well as the offerings provided to early adopters from time to time. Swept Dating shall provide written notice of material changes to Swept Dating Early Adopter members.
2. Eligibility/Registration Requirements.
In order to sign up and receive Swept Dating Early Adopter Rewards, an individual must, at a minimum, meet the following requirements:
- Register as a user on the Swept Dating app once it is available for public use.
- Be at least eighteen (18) years old, unless otherwise required by law in any applicable jurisdiction to be an age greater than eighteen (18) years old;
- Possess a verifiable current email address.
By signing up as an early adopter to the Swept Dating App, you agree to provide Swept Dating with true, current and accurate information, including, but not limited to, your name, and email address. If at any time during the term of the early adopter rewards program, you no longer meet the minimum requirements stated in this Section 2, Swept Dating shall be allowed to immediately terminate your Early adopter status in accordance with applicable sections herein.
3. Term and Termination.
Swept Dating Early Adopter Rewards program, and the applicability of these Terms and Conditions, shall commence immediately upon the processing by Swept Dating of your personal information. The term of your membership to the Swept Dating Early Adopter Rewards program and these Terms and Conditions shall continue in full force and effect until midnight January 1st, 2025 (the “Term”).
Following the Term, Swept Dating Early Adopter Rewards program will terminate and early adopter membership shall be terminated in accordance with the terms set forth below in this section.
You may terminate your Swept Dating Early Adopter Rewards membership at any time by providing notice to Swept Dating by email at [email protected] and by using the email heading “Swept Dating Early Adopter Rewards Cancellation.” Any termination shall go into effect on the next business day.
Swept Dating may, in its sole discretion, terminate this Agreement immediately upon written notice to Member if Member materially breaches these Terms and Conditions and fails to cure such breach, if curable, within ten (10) days.
Termination for Fraud. Swept Dating reserves the right to suspend or terminate your access to the Swept Dating Services and/or the Swept Dating Early Adopter Rewards program, or any part thereof, at any time, and for any reason or no reason. If you have engaged in suspicious or fraudulent behavior, as determined solely by Swept Dating, Swept Dating reserves the right to immediately terminate your Swept Dating membership without notice to you, and if you have a Swept Dating Account at time of termination, all earned subscription credits will be forfeited. You are only permitted to create one Swept Dating Early Adopter Rewards membership. If Swept Dating determines you have created multiple memberships, Swept Dating reserves the right to immediately terminate all of your accounts with or without notice to you and you shall forfeit all earned subscription credits if any have been earned.
Third Party Cancellation. You agree Swept Dating shall not be required to comply with any request to cancel your Trial or Subscription if any cancellation request is made by a third party, including but not limited to, subscription cancellation or bill negotiator services, as Swept Dating requires verification of your identity before canceling your subscription to Swept Dating Early Adopter Rewards program.
4. Swept Dating Is Not Responsible for Third Parties
Swept Dating is not responsible for any products and offers from third parties provided to you as part of your Swept Dating Early Adopter Rewards membership, including emailed offers or displayed through the Swept Dating Early Adopter Rewards. You agree that your purchase from a third-party merchant is subject to such merchant’s own terms and conditions applicable to such purchase. You agree that Swept Dating is in no way responsible or liable to you for any products you purchase through third parties, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions. You further acknowledge and agree that Swept Dating is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.
Swept Dating does not endorse, warrant or guarantee the products or services that are displayed through offers and other advertised links to third-party websites. Swept Dating is not an agent, distributor, re-seller, broker or otherwise responsible for third-party merchants or the activities or policies of those merchant websites, or the products or services available on them. Swept Dating does not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third party are the best prices, best terms or lowest rates available in the market.
When you access third-party websites through us, you accept that there are risks in doing so, and that Swept Dating is not responsible for such risks. We encourage you to be aware when you are on a third-party merchant website and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.
Swept Dating has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices or opinions expressed in any third-party websites or by any third-party. In addition, Swept Dating will not and cannot monitor, verify, censor or edit the content of any third-party site or service.
5. Privacy
The information a Member provides or otherwise makes available to Swept Dating is stored and used in accordance with Swept Dating’s privacy policy, which may be amended from time to time in Swept Dating’s sole discretion. Swept Dating’s privacy policy can be found https://help.sweptdate.com/privacy
6. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications from Swept Dating and/or its marketing partners (including, without limitation, by e-mail and/or SMS) regarding access to and/or use of the Swept Dating Early Adopter Rewards may be provided to Member electronically, and Member hereby agrees to receive electronic communications from Swept Dating and/or its marketing partners in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to Swept Dating when you signed up for Swept Dating Early Adopter Rewards program. All Communications in electronic format will be considered to be in “writing.” Member expressly agrees that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, Member expressly agrees that it is Member’s sole responsibility to keep Member’s email address accurate and up-to-date by providing Swept Dating with written notice of any changes to the same, and that Swept Dating may reasonably assume that any communications sent to an email address provided will be received by Member. Member’s consent to receive communications electronically is valid until you revoke your consent.
7. Limitation of Liability
EXCEPT FOR OBLIGATIONS TO MAKE SERIVCE CREDITS UNDER THESE TERMS AND CONDITIONS OR LIABILITY FOR INDEMNIFICATION, IN NO EVENT SHALL SWEPT DATING, OR ANY OF ITS REPRESENTATIVES, BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF (i) WHETHER SUCH DAMAGES WERE FORESEEABLE, (ii) WHETHER OR NOT SWEPT DATING WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (iii) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NOTHING IN THIS AGREEMENT LIMITS OR DISCLAIMS ANY WARRANTY OR LIABILITY THAT CANNOT BE LIMITED OR DISCLAIMED PURSUANT TO APPLICABLE LAW.
8. Dispute Resolution.
8.1 Generally. In the interest of resolving disputes between you and Swept Dating in the most expedient and cost effective manner, you and Swept Dating agree that any dispute arising out of or in any way related to these Terms and Conditions and/or your participation in the Swept Dating Early Adopter Rewards program will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms and Conditions, your participation in the Swept Dating Early Adopter Rewards or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms and Conditions. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND SWEPT DATING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
8.2 Exceptions. Despite the provisions of Section 8.1 above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of law; or (iv) file suit in a court of law to address an intellectual property infringement claim.
8.3 Arbitrator. Any arbitration between you and Swept Dating will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and Conditions, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Swept Dating. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
8.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail within the applicable statute of limitations period (“Notice”). Swept Dating’s address for Notice is: Swept Technologies Group, LLC, 254 Chapman Rd, Suite 208 #14588, Newark, DE 19702-5422, United States of America or [email protected]. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Swept Dating may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Swept Dating must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by Swept Dating prior to selection of an arbitrator, then Swept Dating will pay you the highest of the following: (X) the amount awarded by the arbitrator, if any; (Y) the last written settlement amount offered by Swept Dating in settlement of the dispute prior to the arbitrator’s award; or (Z) $15,000.
9.5 Fees. If you commence arbitration in accordance with these Terms and Conditions, then Swept Dating will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in York, Pennsylvania, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Swept Dating for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
8.6 No Class Actions. YOU AND SWEPT DATING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN CLAIMS WHICH ARE NOT COVERED BY THIS SECTION 10). Further, unless both you and Swept Dating agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
8.7 Modifications to this Arbitration Provision. Except as otherwise provided in these Terms and Conditions, if Swept Dating makes any future change to this arbitration provision, other than a change to Swept Dating’s address for Notice, then you may reject the change by sending us written notice within 30 days of the change to Swept Dating’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Swept Dating. If you do not send such written notice, then your continued use of the Service following any such change means that you have consented to such change.
8.8 Enforceability. If Section 8.6 above is found to be unenforceable or if the entirety of this Section 8 is found to be unenforceable, then the entirety of this Section 8 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms and Conditions, and/or your participation in Swept Dating Early Adopter Rewards.
9. Governing Law; Choice of Forum.
The laws of the State of Pennsylvania, excluding its conflicts of law rules, govern these Terms and Conditions, your participation in Swept Dating Early Adopter Rewards and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Harrisburg, Pennsylvania and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
10. Amendments
Swept Dating reserves the right to change these Terms and Conditions from time to time. We will give notice of material changes to Members. Notice to the Member will be considered given in the first instance of when such notice is provided by email to the Member’s email address on file with Swept Dating (the email you indicated when you signed up for Swept Dating Early Adopter Rewards or the Swept Dating App). Members agree that all changes to the Terms and Conditions will be effective and binding on the effective date indicated in the notice.
11. Assignment
You may not assign or transfer the rights of your Swept Dating Early Adopter Rewards membership in whole or in part under any circumstances. Doing so without the consent of Swept Dating will be void and of no force and effect.
12. Survival
The expiration or termination of Member’s Swept Dating Early Adopter Rewards membership, shall not relieve either party from the obligations contained herein which accrue prior to the expiration or termination of the same, all of which shall survive the Agreement.
13. Waiver
Any waiver by any party hereto of a breach of any provision of these Terms and Conditions shall not operate or be construed as a waiver of any other provision hereof and shall not be effective at all unless in writing. A waiver of any of the terms hereof shall not be construed as a general waiver by either party and such waiving party shall be free to reinstate any such term or condition with or without notice to the other party.
15. Entire Agreement
These Terms and Conditions, and Swept Dating’s Privacy Policy (as described in the preamble of this Agreement), sets forth the entire and exclusive agreement between the Parties as to the subject matter hereof and supersedes all prior and contemporaneous understandings, negotiations and agreements, whether written or oral, between the Parties regarding the subject matter hereof.