Terms & Conditions

Version 1.8

Date: March 27, 2025

TERMS OF SERVICE

PLEASE READ THE FOLLOWING TERMS OF SERVICE (“the Terms”). IN ADDITION, WE ASK THAT YOU READ THE SweepStorm PRIVACY POLICY, AND PLAYER SAFETY POLICY CAREFULLY BEFORE USING ANY SweepStorm SERVICES OR WEB PAGES OR APPLICATIONS. YOU CONFIRM THAT YOUR USE OR ACCESSING ANY OF OUR SITES OR SERVICES SHALL BE SUBJECT TO THESE TERMS OF SERVICE, WHICH INCLUDE AND INCORPORATE THE PRIVACY POLICY, AND THE PLAYER SAFETY POLICY (collectively, the "Linked Policies"). IF YOU DO NOT AGREE WITH ANY PROVISION OF THE ABOVE LISTED POLICIES, PLEASE DO NOT REGISTER AN ACCOUNT OR PLAY ANY SweepStorm SOCIAL GAMES

PLEASE NOTE: THESE SERVICES AND ANY RELATED WEBSITES OR ONLINE APPLICATIONS DO NOT OFFER "REAL MONEY GAMBLING". No actual money is required for play and the Service is for social and recreational purposes only.

IN ADDITION, THESE TERMS OF SERVICE CONTAIN AN OBLIGATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY DISPUTES BETWEEN YOURSELF AND US MUST BE RESOLVED BY MEANS OF A FINAL AND CONCLUSIVE ARBITRATION ON AN INDIVIDUAL BASIS AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU CHOOSE NOT TO PARTICIPATE IN ARBITRATION RELATING TO YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS GIVEN AT THE END OF THE SECTION ENTITLED "BINDING ARBITRATION AND CLASS WAIVER". PLEASE REFER TO SECTION 16 OF THESE TERMS, BELOW.

Please further note that we do not offer the Service in the following states: Alabama, Connecticut, Delaware, Georgia, Idaho, Kentucky, Louisiana, Maryland, Michigan, Montana, Nevada, New Jersey, New York, Washington and West Virginia (USA), and any other jurisdiction outside the United States of America ("the Prohibited Territories").

These Terms of Service ("the Terms") form a binding agreement between You and SweepStorm LLC ("SweepStorm", "Us", "We" or "Sponsor") which provides all of the terms and conditions governing Your access and use of SweepStorm and any related applications (the "Site") as well as Your creation of Your User Account, use of the Games on the Site, participation in any Promotions, and any transactions or dealings with Us in any way (collectively, the "Services").

You confirm that you have the right, power and legal capacity to accept these Terms and to abide by them, that you are legally of age and that you have read and completely understood the Terms. You must read these Terms carefully before agreeing to them. By ticking the acceptance box, or by accessing the Games or creating a Customer Account, you acknowledge that you have read and agree to be bound by these Terms.

1. Alterations to Terms of Service and Linked Policies

  • 1.1. We may revise these Terms and post the modifications on the Site. Material changes will be notified to you, but your continued use indicates acceptance.
  • 1.2. Linked Policies may also be modified and posted on the Site. You are responsible for reviewing these regularly.
  • 1.3. Questions about the Terms or Linked Policies? Contact Customer Support.
  • 1.4. If inconsistencies exist between the Terms and Linked Policies, the Terms shall control.

2. Your Customer Account

  • 2.1. Only one Customer Account per person. Multiple accounts may be closed or suspended and balances voided.
  • 2.2. Lost access? Use the Contact Us form; do not create a new account.
  • 2.3. Keep your personal information up to date and accurate.
  • 2.4. You must choose a password unless using Facebook or Google login.
  • 2.5. You are responsible for account security and must not share access.
  • 2.6. Suspect a breach? Notify us immediately.
  • 2.7. You are responsible for all activity and purchases on your account.
  • 2.8. Accounts inactive for 60+ days may be closed without notice.
  • 2.9. To close your account, contact customer support. Virtual Currency will be forfeited.
  • 2.10. We may refuse or close accounts at our discretion.
  • 2.11. Account registration may be limited per IP address.
  • 2.12. You consent to receiving marketing messages. To opt out, contact support.

3. Limited Revocable License

  • 3.1. Games use Gold Coins as Virtual Currency, which may be free or purchased.
  • 3.2. License is personal, non-exclusive, non-transferable, and revocable.
  • 3.3. Terms do not grant ownership of the Service.
  • 3.4. We may regulate or eliminate Virtual Currency at our discretion.
  • 3.5. Sale or transfer of Virtual Currency or accounts is prohibited.
  • 3.6. Virtual Currency purchases are final and non-refundable.

4. Eligibility for Use of the Service

  • 4.1. You must be at least 18 or the legal age of majority in your jurisdiction.
  • 4.2. It is your responsibility to comply with applicable laws.
  • 4.3. You may not access the Service from Prohibited Territories.
  • 4.4. Use is for personal entertainment only.
  • 4.5. All information provided must be accurate.
  • 4.6. Fraudulent activity or bot use is prohibited and may result in account nullification.

5. Restrictions on Use of the Services

  • You may not: alter copyright notices, sell or lease the Service, reverse engineer, reproduce, misuse, or misrepresent the Service.
  • You may not use the Service to harass or infringe upon others' rights.

6. Purchases of Gold Coins

  • 6.1. Name on payment must match Customer Account.
  • 6.2. Payment Agents may be used to process payments.
  • 6.3. You authorize storage of payment credentials.
  • 6.4. Payment Agents act as our agents and are not liable for actions beyond their authority.
  • 6.5. Chargebacks may result in account suspension.
  • 6.6. Purchases are in USD.
  • 6.7. Gold Coins are credited immediately unless technical delays occur.
  • 6.8. Purchases appear as "B2 Services" on statements.
  • 6.9. You will receive on-screen and email confirmations.
  • 6.10. Gold Coin balance appears on your account screen.
  • 6.11. Gold Coins expire after 60 days of inactivity.
  • 6.12. Customer Support is available 24/7 via the Contact Us page or phone.

7. Games and Contests

  • 7.1. Additional rules may apply. Read before playing.
  • 7.2. Social Jackpots ("Mega Jackpots") are pooled across users.
  • 7.3. Participation in Mega Jackpots is mandatory. Contact support to opt out by account closure.

8. Complaints

  • 8.1. Use the "Contact Us" link to file complaints.
  • 8.2. Submit complaints within 3 months of the issue.
  • 8.3. Use your registered email and include all required details.
  • 8.4. Missing details may delay resolution.
  • 8.5. If unresolved, arbitration may be pursued (see Section 16).

9. Promotional Content

  • 9.1. All promotions are subject to the Terms and any specific rules.
  • 9.2. Promotions may be withdrawn or changed without notice.
  • 9.3. We may exclude users from promotions at our discretion.
  • 9.4. Fraudulent or multiple entries may result in suspension and forfeiture.
  • 9.5. You grant us a royalty-free license to use any content you submit during promotions.

10. Customer Verification

  • 10.1. Verification checks (including identity) may be required by law or regulation.
  • 10.2. Account use may be restricted until checks are complete.
  • 10.3. Required documents may include government ID, utility bill, and financial documentation.
  • 10.4. We may use third party service providers to run external identification, location verification, and other verification checks based on the information you provide from time to time. To access your Customer Account or use the Service, you must enable and allow “Locations Services” on your device or PC.

11. Intellectual Property

11.1. These Terms only grant you the right to use the Service and do not convey any ownership rights or any other interest in the Service.

11.2. All rights, title and interest, including any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property or where licensed from a third party their sole property.

11.3. Your use of the Games will not give you any ownership rights in the intellectual property. The titles, source and object codes, game client and server software, the “look and feel” of the Games, sounds, musical compositions, audio-visual effects, concepts and methods of operation, layout, text, data, Customer Accounts, themes, objects, characters and character likenesses, character names and character profile information, stories, dialogue, catch phrases, locations, artwork, animations files, images, graphics, documentation, gaming history and recording of game play, transcripts of any chat rooms, and moral rights, whether registered or not, and all applications related to the above will remain vested in us or any third party supplier of the Games.

11.4. However, you acknowledge and agree that you shall have no ownership or other property interest in the Customer Account, and you further acknowledge and agree that all rights in and to the Customer Account are and shall forever be owned by and inure to the benefit of us.

11.5. We require our users to respect the intellectual property rights of others and expect them to do the same. If you feel your work has been copied in a manner that violates copyright laws, or you think your rights have been violated or infringed in any way through the Site, please notify us via Contact Us form.

11.6. In order for us to be able to help you, you must include the following in your notification:

  • A physical or electronic signature of the owner of the right that is believed to be infringed or the person authorized to act on the owner’s behalf;
  • A description of the copyrighted work or other right you claim has been infringed or violated;
  • Information sufficient to locate the material in question on the Site;
  • Your name, address, telephone number, e-mail address and all other information reasonably sufficient to allow us to contact you;
  • A statement you make, under the penalty of perjury, that you have a good faith belief that the use of the material is not authorized by the rightful owner, its agent or the law; and
  • A statement you make, under the penalty of perjury, that the information you have provided in your notification is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

11.7. Prior to submitting your notification, please take the time to consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If your notification proves to be unwarranted, you may be liable for costs and attorneys’ fees.

12. Responsibility for Customer Content

12.1. You must comply with all applicable laws when creating any content related to your use of the Services. You undertake not to submit to the Service, or send to other users of the Service, any material that is defamatory, inaccurate, abusive, obscene, offensive, sexual in nature, aggressive, harassing, racially offensive, illegal or infringes another party’s rights.

12.2. You will not provide false, misleading, or inaccurate information to us or to any other user of the Service.

12.3. We may at our sole discretion delete any customer content without notice but are not obliged to do so. We are not responsible for the conduct of any user in the Service, or for any customer content they submit.

12.4. You hereby grant us a sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display and use any User Content, and to incorporate it in other works in any form, media, or technology now known or later developed.

12.5. You further grant us the unrestricted, right to use and exploit your name, likeness and any other information or material included in any User Content, and in connection with any User Content or your Customer Account, without any obligation to you. You waive any rights of attribution and/or any moral rights you may have in your User Content, except as prohibited by law.

12.6. You acknowledge that any User Content you post is your sole responsibility, and you take full responsibility for any risks associated with it. We do not guarantee the backup or retention of any User Content transmitted to the Service.

12.7. Prohibited Content in the Service includes, but is not limited to:

  • 12.7.1. Promotion of racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • 12.7.2. Harassing material;
  • 12.7.3. Offensive material of a sexual or offensive nature;
  • 12.7.4. Promotion of terrorism or religious hatred;
  • 12.7.5. Illegal activities or conduct that is abusive, threatening, obscene or defamatory;
  • 12.7.6. Commercial material without authorization from us; or
  • 12.7.7. Content advertising the services of another business or competitor.

12.8. If you encounter any materials in the Service that you believe are offensive, hateful, harassing or otherwise prohibited, please reach out to Customer support.

13. Third Party Websites & Content

13.1. The Service may contain links to content owned and/or operated by third parties, for instance third parties who may invite you to participate in promotional offers or rewards programs or third-party advertisers or payment providers. All charges or liabilities you may incur through your dealings with these third parties are your responsibility. We are not responsible for any such third-party services or content and do not have control over any materials made available therein.

13.2. Our inclusion of a link to a third-party website, services or content in the Service does not imply endorsement, advertising, or promotion of such websites, services or content or any materials available and we make no guarantee as to the content, functionality, or accuracy of any third-party website.

13.3. By accessing a third-party website, services or content you accept that we do not exercise any control over such websites, services or content and have no responsibility for them. The third-party sites may collect data or solicit personal information from you. We are not responsible for privacy policies, or for the collection, use or disclosure of any information those sites may collect. You should always read and understand the terms of service and privacy policy applicable to any third-party website, services or content you may access.

13.4. We do not endorse, assume and will not have any liability or responsibility to you or any other person for any third-party products, services, materials or websites. Please note that the relevant third party is solely responsible for all goods and services it provides to you and for any and all damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part.

13.5. If you use third party social networking websites to discuss the Service such as Facebook® and Twitter®, you acknowledge and agree that:

  • Any content that you post on such social networking sites is subject to the relevant terms and conditions of that website;
  • You will not post any comments that are false, misleading, deceptive or defamatory to us, our employees, agents, officers or other Players; and
  • We are not responsible or liable for any comments or content that you or others post on social networking sites.

14. Disruptions, Errors & Omissions

14.1. No Warranties

THE SERVICES, WHETHER IN WHOLE OR IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.

14.2. Exceptions

IN SOME JURISDICTIONS, THE LAW MAY NOT PERMIT DISCLAIMERS OF WARRANTIES, LIABILITIES OR DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14.3. We are not responsible for any downtime, server disruptions, errors, lagging, or any technical or political disturbance to the Service or Games, nor attempts by you to participate by methods, means or ways not intended by us.

14.4. We do not take responsibility for any damage or losses incurred as a result of delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of a Service or any errors or omissions in the Service.

14.5. In the event of a malfunction in the Services, then all Game play on the Service will be annulled.

14.6. If an error or malfunction occurs in a Game, then all Game play resulting from the error or malfunction will be voided.

14.7. We reserve the right to remove any part of the Games from the Service at any time. Any part of the Games that indicate incorrect behavior affecting, game data, Virtual Currency balances, balances or other balances, that may be due to misconfiguration or a bug, will be cancelled and removed from the Service. Player balances and account details may be altered by us in such cases in order to correct any mistake.

14.8. We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but will not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after such temporary suspension.

14.9. We have the right to declare participation in a Game void, partially or in full, if, in our sole discretion, it is obvious that there was an error, mistake, misprint or technical error on the pay-table, win-table, minimum or maximum stakes, odds or software.

14.10. If you are incorrectly awarded any Virtual Currency or prizes as a result of (a) any human error; (b) any bug, defect or error in the Service; or (c) the failure of any Games to operate in accordance with the rules of the relevant game, then we will not be liable to award you any such Virtual Currency or prizes and you agree that any such Virtual Currency or prizes that have been awarded in error to your Customer Account will be voided.

14.11. We reserve the absolute right to make a decision in the event of a discrepancy between the result showing on a user’s device and the server software. This discretion includes the authority to recognize the result showing on the server software as the official and governing result.

15. Indemnity and Limitation of Liability

15.1. To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be held liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, personal injury or property damage, loss of data, loss of use, loss of anticipated savings, wasted expenditure, cost of obtaining substitute goods or services, loss of good-will, or other intangible losses, resulting from:

  • 15.1.1. your access to or use of or inability to access or use the service;
  • 15.1.2. any conduct or content of any third party on the service, including without limitation any content, products or services provided by any advertisers, affiliate advertising networks, rewards program operators or payment providers we may cooperate with or any other users of the service;
  • 15.1.3. any content and/or information obtained from the service or reliance upon the service or any part thereof;
  • 15.1.4. unauthorized access or use or alteration of any material or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we knew of or ought to have known of the possibility of such damages.

15.2. In some jurisdictions the applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Nothing in these terms removes or supersedes your rights as a consumer based on mandatory provisions of law.

15.3. To the maximum extent permissible under applicable law, our total liability and/or the liability of our affiliates is limited to the total amount you have paid us in the one hundred and eighty (180) days immediately preceding the date on which you first assert any such claim.

15.4. We are not held accountable for any damages or losses relating to or caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures, or delays in computer transmissions or network, connections on account of your access to or use of the services. We cannot and do not guarantee continuous, uninterrupted, or secure access to the Service.

15.5. We are not liable for any damages, claims, liabilities or costs that you may incur or suffer in connection with any content, products or services offered by any third parties we cooperate with.

15.6. You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of such third parties in connection with your use of the service.

15.7. You agree to indemnify and hold us harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of or access to the Service, your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.

15.8. Nothing in these Terms shall limit our liability for death or personal physical injury resulting from our negligence or wilful misconduct.

16. Dispute Resolution and Agreement to Arbitrate all Disputes

16.1. Binding Arbitration and Class Waiver.

PLEASE TAKE NOTICE OF THESE "BINDING ARBITRATION" AND "CLASS WAIVER" PROVISIONS, AS THEY REQUIRE YOU TO SUBMIT TO ARBITRATION ANY DISPUTES WITH SweepStorm AND RESTRICT THE WAY YOU CAN SEEK RELIEF. THESE TERMS OF SERVICES APPLY TO ALL CLAIMS YOU MAY POSSESS, WHETHER EXISTING AT THE TIME OF ACCEPTANCE OF THIS AGREEMENT OR ARISING IN THE FUTURE. IF YOU HAVE NOT AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE BEFORE, YOU HAVE AN OPTION, LISTED BELOW, TO EXCLUDE YOURSELF FROM THESE ARBITRATION AND CLASS WAIVER PROVISIONS. YOU MUST TAKE THIS ACTION WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT OR ELSE FORFEIT THE OPTION TO OPT-OUT.

THESE PROVISIONS PREVENT YOU FROM SEEKING A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST SweepStorm. THEY ALSO PREVENT YOU FROM PARTICIPATING IN OR RECEIVING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST SweepStorm BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM BRINGING A LAWSUIT IN COURT OR RECEIVING A JURY TRIAL.

16.2. Scope of Arbitration Provision.

You and SweepStorm agree that any dispute, claim or controversy arising out of or relating to your access to or use of any SweepStorm Site (including Services) or to these Terms of Services (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Services) (a "Dispute"), shall be determined by arbitration, including claims that arose before acceptance of any version of these Terms containing an arbitration provision, except that you and SweepStorm are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

In addition, in the event of any dispute concerning the scope or applicability of the Arbitration Provisions of these Terms, you and SweepStorm agree that the arbitrator exclusively shall have the power to rule on his or her own jurisdiction over the Dispute, including any objections with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of the claims or counterclaims presented as part of the Dispute.

The parties acknowledge that the agreement in this Section to arbitrate any Disputes on an individual and case-by-case basis is a separate agreement for purposes of the Federal Arbitration Act in addition to the Terms. The alleged invalidity of the Terms of Services shall have no effect upon the validity of our mutual agreement to arbitrate any Disputes under this Section. In addition, if any portion of this section entitled "Dispute resolution and Agreement to Arbitrate all Disputes” is deemed to be inapplicable or invalid, then the remainder shall still be given full force and effect consistent with Section 18.5 of these Terms.

16.3. Waiver of Class Relief.

Whether the dispute is heard in arbitration or in court, you agree that you and SweepStorm will not initiate a class action, class arbitration, mass action or other representative action or proceeding, and shall not otherwise participate in such actions. You and SweepStorm are each waiving respective rights to participate in a class action. By accepting this agreement, you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any existing as of the date you agreed to these Terms of Services.

It is your decision to make and you are not required to rely solely on the information provided in these Terms of Services. It is important to take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.

16.4. Option to Opt Out.

IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THESE ARBITRATION AND CLASS ACTION PROVISIONS BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU FAIL TO OPT-OUT WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, THESE TERMS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.

16.5. Procedure to Opt Out of Arbitration.

IF YOU DO NOT WISH TO AGREE TO THIS SECTION OF THE TERMS OF SERVICES REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, CLICK THE FOLLOWING LINK ARBITRATION OPT OUT AND ENTER ANY DETAILS REQUESTED. ***A REQUEST TO OPT-OUT AFTER THE 30 DAY PERIOD SHALL NOT BE EFFECTIVE.***

16.6. Location of Arbitration and Applicable Rules.

You and SweepStorm agree that such arbitration shall occur in Wilmington, Delaware. You may appear in such proceedings telephonically. You and SweepStorm agree that such arbitration shall be conducted by a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association (“AAA”), as modified by these Terms of Service.

16.7. Authority of Arbitrator.

With the exception of class procedures and remedies as discussed above under "Waiver of Class Relief," the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.

16.8. Confidentiality.

You and SweepStorm shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

16.9. Allocation of Arbitration Fees.

If you assert a Dispute as an individual, you will only be required to pay arbitration fees of $250 in connection with any arbitration under this section, and SweepStorm will bear all other costs charged by AAA or the arbitrator up to $5,000. You will still be responsible for paying your own attorneys’ fees.

Each party shall bear its own costs in the arbitration proceeding. If any portion of this section entitled "Binding Arbitration and Class Waiver" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

17. One Year Limitations Period

17.1. Disputes and Claims Must be Raised Within One Year.

We both agree that any claims or lawsuits, regardless of form, arising out of or related to the Service or these Terms of Services must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.

18. Miscellaneous

18.1. Entire Agreement.

These Terms constitute the entirety of the agreement between you and us regarding your use of the Services, and override any previous or simultaneous communications and offers, whether digital, verbal, or written, between you and us pertaining to your participation.

18.2. Force Majeure.

We are not liable or accountable for any failure to perform, or delay in performance, of any of our commitments under these Terms caused by events outside of our reasonable control.

18.3. Severability.

If any part of the Terms, or any portion thereof, is declared invalid by a court of competent jurisdiction, that part of the Terms will be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms, which shall remain in full force and effect.

18.4. Assignment.

These Terms are exclusive to you, and may not be assigned, transferred, or sublicensed by you. We reserve the right to assign, transfer, or delegate any of our rights and obligations hereunder to any third party without prior notice to you.

18.5. Entire Agreement.

These Terms encase the entire understanding between you and us, and override any earlier understandings between you and us regarding the subject matter.

18.6. Business Transfers.

In the event of a change of control, merger, acquisition, or sale of assets, your Customer Account and associated data may be part of the assets transferred to the purchaser or acquiring party.

18.7. Waiver.

Our failure to enforce breach or a violation of these Terms, or otherwise failure to exercise any rights under these Terms, should not be construed as a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.

18.8. Taxes.

The payment and reporting of all taxes related to your use of the Service are your sole responsibility.

19. Applicable Law and Jurisdiction

19.1. Governing Law.

The parties agree that this Agreement and the Services associated with it are governed by and are to be interpreted in accordance with the laws of the State of Delaware USA, without regard to its principles of conflicts of law.

19.2. Jurisdiction.

Subject to the arbitration provisions contained in Section 16, the parties agree that any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination or invalidity of these Terms, will be exclusively submitted to the courts in Delaware, and you and we consent to the personal jurisdiction and venue of those courts. Notwithstanding the foregoing, any motion to compel arbitration or to enforce an arbitral award issued hereunder can be presented before any court of competent jurisdiction.