Terms of Use

  • This agreement ("Terms of Use") describes the legal framework that governs your participation on the thesweeten.com website (the "Site"), what your rights and responsibilities are and what you can expect from us. The Site is provided by Swee10, Inc. ("The Sweeten") and/or its affiliates and subsidiaries for your and others' personal use, subject to these Terms of Use and all modifications thereto, and the rules that may be published from time to time by The Sweeten. By using this Site, you are deemed to have agreed to be bound by these Terms of Use. The Sweeten may change the Terms of Use from time to time and at any time. All such changes to these Terms of Use will appear on thesweeten.com. By using this Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. Failure to comply with these Terms of Use may result in your profile being deleted and your membership being terminated without warning.

  • Use of and membership in the Site is void where prohibited. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation.

  • 1. About the Site

    The Site is provided for your use solely as a resource to connect interested users to each other, Homeowners and those with service needs ("Homeowners") and contractors and vendors ("Service Providers") who may wish to provide Homeowners with services and goods. The Site is not a Service Provider, general contractor, contractor, agent, servant or advisor of the Homeowner. Likewise, the Service Providers are not agents, servants or employees of The Sweeten. We do not guarantee that we will be able to match Homeowners with Service Providers. The Site does not provide recommendations as to any specific Service Provider, does not advise the Homeowner on whether to contract with any specific Service Provider, and does not market any goods or services. We do not pre-screen or otherwise examine the credentials of any Service Providers, and do not guarantee and make no representations as to the skills or representations of any particular Service Provider or the quality of their services and/or goods. It is entirely up to you to enter into a direct contract or otherwise reach agreement with any other user, and we do not guarantee or warrant performance, payment or the outcome or quality of the services performed. Your rights under contracts you enter into with other users are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any other user, you must address such dispute with the user directly.

  • 2. User Conduct

    The Site and any communications service, including the capability to contribute material through content submission forms (each such submission, a "Contribution"), project posts and bids, message board, newsgroup, or other interactive service that may be available to you on or through this Site (collectively "Services") are provided to you solely for your personal use. By using the Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the membership form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, The Sweeten reserves the right to terminate your membership and refuse any and all current or future use of the Services.

    Please choose carefully the information you post on the Site and that you provide to other users. Your Site profile may not include any text or photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Site users (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and The Sweeten assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, click on the red "ALERT" button at the right of any Site project pages and profile pages.

    Without limitation of the foregoing, you agree to not use the Site or Services to:

    • • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
    • • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • • Harm minors in any way;
    • • Impersonate any person or entity, including, but not limited to, a Site member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Site;
    • • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    • • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
    • • Act in a manner that negatively affects other users' ability to engage in the Site or Services;
    • • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
    • • Intentionally or unintentionally violate any applicable local, state, national or international law.

    You also agree that you will not harvest, collect or store information about the users of this Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

    You may not use any automated means (such as scripts) to access Site or collect information from it.

    You acknowledge that The Sweeten is not responsible for material submitted to the Site or posted to the Site by users. The Sweeten does not pre-screen, monitor, review or edit the Content posted by users. However, The Sweeten and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in The Sweeten's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. The Sweeten is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to The Sweeten. You agree to immediately notify The Sweeten of any unauthorized use of the Service or any other breach of security known or suspected by you.

    You acknowledge and agree that The Sweeten may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Sweeten, its users or the public.

    You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Sweeten assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to the Site.

    You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content (including any Content posted by any The Sweeten employee). The Sweeten does not endorse and has no control over the Content. Content is not necessarily reviewed by The Sweeten prior to posting and does not necessarily reflect the opinions or policies of The Sweeten. The Sweeten makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other users.

    If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. It is your sole responsibility to (a) control the dissemination and use of activation codes and passwords; (b) authorize, monitor, and control access to and use of your password; (c) promptly inform The Sweeten of any need to deactivate a password.

  • 3. Restrictions on Use of Material

    The content on this Site is intended for use in connection with the Site, and not for any other external purpose. Except as expressly permitted, you agree not to modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

    You must abide by all additional copyright notices or other restrictions contained on the Site.

  • 4. Termination

    You can cancel your account at any time by deleting your profile. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). The Sweeten may terminate your account due to inactivity, if you do not access it for more than three months. Following termination of your account for any reason, at its sole option, The Sweeten and its licensees may continue or stop publicly displaying some or all of your Content.

  • 5. Privacy

    Please review our Privacy Policy, which also governs your visit to thesweeten.com, to understand our practices. When you use our services, you will be prompted to disclose certain information about yourself and your service requirements or capabilities, and you will be able to store information, such as home services records, on thesweeten.com. Some of this information will be sent to other users who will need this information to respond to you or to other persons or entities. By providing this information you are requesting, and you expressly consent to being contacted by us and by other users via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails.

    In operating this Site, The Sweeten does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site or The Sweeten mail and e-mail addresses, or in any other way. Any information or material submitted or sent to The Sweeten, will be deemed not to be confidential or secret. By submitting or sending information or other material to The Sweeten you represent and warrant that the information is original to you and that no other party has any rights to the material.

  • 6. Member Disputes

    You are solely responsible for your interactions with other Site users. The Sweeten reserves the right, but has no obligation, to monitor disputes between you and other users.

  • 7. User's Grant of Limited License

    By communicating with the Site, including submitting or sending Content or other information or material to the Site, you grant The Sweeten the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Site feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Site.

    Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), we will terminate the account of any user who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to The Sweeten and later confirmation through court order or an admission by the user that an account has been an instrument of unlawful infringement, The Sweeten will terminate the infringing customer's account. The Sweeten may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), The Sweeten has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The Sweeten respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through thesweeten.com, please contact "Copyright", via email at admin@thesweeten.com or mail at:

    Swee10, Inc.
    Attn: Copyright
    PO Box 589
    New York, NY 10011

    Any written notice describing the infringing activity must include the following information:

    • • An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
    • • A description of the allegedly infringing work or material;
    • • A description of where the allegedly infringing material is located on the site;
    • • Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
    • • A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
    • • A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.NY 10038 Please make sure your notice meets the Digital Millennium Copyright Act ("DMCA") requirements.

    You also warrant that any "moral rights" in posted materials have been waived.

  • 8. Linked Sites

    You may be able to link to third parties' websites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled, or examined by The Sweeten in any way and The Sweeten is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply The Sweeten's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall The Sweeten be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster.

  • 9. Contests, Promotions, Simulations or Games

    From time to time, the Site may offer as part of the Services, either on or through the Site, contests, promotions, simulations or games (collectively, "Contests"). To participate in Contest, players may be required to complete a Contest specific registration form. Each Contest is governed by its own Contest rules. The Sweeten reserves the right to modify or change these rules at any time.

  • 10. Intellectual Property Rights

    All materials contained in this Site are the copyrighted property of The Sweeten and its affiliates or licensors, expect as provided in section 7. As between The Sweeten and you, The Sweeten is the sole owner of all content on the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. You may print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

  • 11. Disclaimer of Warranties

    THE SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE ," WITHOUT WARRANTY OF ANY KIND , EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, The Sweeten SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES , INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY , ACCURACY, APPROPRIATENESS , RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR , OMISSION, DELETION OR DEFECT IN THE CONTENT , OR (2) ANY FAILURE OF PERFORMANCE , ERROR, OMISSION , INTERRUPTION, DELETION , DEFECT, DELAY IN OPERATION OR TRANSMISSION , COMPUTER VIRUS , COMMUNICATION LINE FAILURE , THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO , ALTERATION OF, OR USE OF RECORD , WHETHER FOR BREACH OF CONTRACT , TORT, NEGLIGENCE , DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION \. The Sweeten DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES , WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

    The Sweeten DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE.

    APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  • 12. Limitation of Liability

    IN NO EVENT WILL The Sweeten, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF The Sweeten OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, The Sweeten'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO The Sweeten FOR THE SERVICES DURING THE TERM OF MEMBERSHIP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, The Sweeten'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  • 13. Indemnification

    Upon a request by The Sweeten, you agree to defend, indemnify and hold The Sweeten, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. The Sweeten reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Sweeten in asserting any available defense.

  • 14. Governing Law/Arbitration

    New York law governs these Terms of Use as such laws apply to agreements entered into and to be performed entirely within New York between New York residents. Any claim arising out of or relating to these Terms of Use or The Sweeten shall be settled by binding arbitration in New York, NY in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by New York law. However, (a) each of us may seek interim relief from a New York, NY to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

    Any inquiries concerning these Terms of Use should be directed to our contact form.

  • 15. Provisions Unenforceable or Invalid/Integration

    If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Use and our Privacy Policy (which is part of these Terms of Use) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters.

  • 16. Assignment

    You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Use. The Sweeten may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms of Use to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.