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Terms of Service

Introduction

Welcome to the Clean Sweeps app provided by Clean Sweeps LLC (hereinafter "We", "Us", "Our" or "Company"). We thank You (any user of our app and hereinafter "You" or "Your") for installing and using our app and considering our products and services. By installing the Clean Sweeps: buy-to-enter Shopify app, using our app or services, or accessing our app, You hereby agree to the terms and conditions of this Terms of Use (hereinafter "Agreement"). This Agreement, along with the mutual promises You and We make to each other, becomes a binding contract between You and Us. Please do not use this app if You disagree with any part of this Agreement.

Our Mobile Terms of Service is located here and is hereby incorporated into this Agreement by reference. Please review the Terms of Service to understand Our policies.

Copyright

All content included in the Clean Sweeps app, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Clean Sweeps LLC and is protected by U.S. copyright laws. The compilation (i.e., the collection, arrangement, and assembly) of all content in the app is Our exclusive property and is likewise protected. Any use of such content, including the reproduction, modification, distribution, transmission, republication, or display, is strictly prohibited.

Warranties

THE MATERIAL DISPLAYED IN THE CLEAN SWEEPS APP IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS, OR WARRANTIES AS TO ITS ACCURACY. UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR SUPPLIERS, CONTENT PROVIDERS, AND ADVERTISERS HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR THE LAW OF EQUITY. WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO YOUR USE, INABILITY TO USE, PERFORMANCE OR FAILURE OF THE APP OR ANY MATERIALS CONTAINED THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHERMORE, IF A THIRD PARTY SHALL SURREPTITIOUSLY ENTER THE APP THROUGH THE USE OF A USER'S LOG-IN OR OTHERWISE, THEY WILL HAVE NO RIGHT OF STANDING IN ANY ACTION AGAINST US.

Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF ANY PRODUCTS OR SERVICES YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.

OUR PRODUCTS AND THE APP ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FURTHERMORE, IF A THIRD PARTY SHALL SURREPTITIOUSLY ENTER THE APP THROUGH THE USE OF A USER'S LOG-IN OR OTHERWISE, THEY WILL HAVE NO RIGHT OF STANDING IN ANY ACTION AGAINST US.

Indemnification

You hereby warrant that you will not use any information provided by us in violation of any International, Local, State, or Federal law. Further, you agree to indemnify, defend, and hold us harmless, including our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, from any claim, action, demand, or damage -- including reasonable attorney's fees -- arising out of or related to your use of any service offered by us or your violation of this Agreement. This includes, without limitation, claims for libel, violation of rights of privacy or publicity, interference with property rights, trespass, or any other violation of applicable law.

Force Majeure

We shall not be liable for delays or nonperformance of this Agreement caused by events beyond our reasonable control, including but not limited to strikes, fires, accidents, acts of God, war, terrorism, riots, embargoes, or other similar events.

Assignment

You may not assign or transfer any rights or obligations under this Agreement without our prior written consent. Any unauthorized assignment shall be null and void.

Entire Agreement

Except as modified or supplemented by a writing executed by both parties, these Terms constitute the entire agreement between you and Clean Sweeps LLC with respect to the Clean Sweeps app, and supersede all prior agreements, representations, and understandings.

Disputes

In the event of any dispute with us, you agree to attempt to resolve the matter by contacting us at info@cleansweeps.app and engaging in a resolution discussion before taking any legal action. Failure to attempt such resolution will be deemed a breach of this Agreement. This Agreement and your use of the app are governed by the laws of the State of Arizona, and any disputes shall be exclusively resolved in the state or federal courts located in Maricopa County, Arizona. You hereby waive any right to a trial by jury.

In addition, in the event of any breach or violation of these Terms, we shall be entitled to pursue all available legal remedies, including seeking actual damages, statutory damages, treble damages, and attorneys' fees.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. In such case, the invalid provision will be substituted with a valid provision that most closely approximates the intent and economic effect of the original.

Headings

Section headings in this Agreement are for convenience only and shall not affect the interpretation of any provision herein.

Privacy Policy

Our Privacy Policy, available at cleansweeps.app/privacy-policy, is hereby incorporated into this Agreement by reference and forms part of this Agreement. Please review the Privacy Policy to understand how We collect, use, disclose, and otherwise process information.

Data Collection, Use, Sharing, and Sale

By installing, accessing, or using the Service, You authorize and consent to Our collection, storage, use, transmission, disclosure, and other processing of information (including Personal Data) as described in the Privacy Policy. "Personal Data" may include (without limitation) names, email addresses, phone numbers, customer lists, order and transaction information, usage data, device identifiers, and other information associated with merchants, their customers, or participants whose data is made available to Us through the Service.

To the maximum extent permitted by applicable law, You authorize Us to use such information for Our business purposes, which may include: operating and improving the Service; analytics; security and fraud prevention; communications; marketing and promotional activities; developing new products and services; and sharing or disclosing information to Our service providers, partners, affiliates, or other third parties. Where permitted by law, these purposes may include the sharing or sale of Personal Data for commercial and marketing purposes.

Certain jurisdictions provide individuals with specific rights regarding their Personal Data (including rights to opt out of "sale" or "sharing" of Personal Data, or to withdraw consent). We will honor such rights where required by law, as further described in the Privacy Policy. If You do not agree to these data practices, You must discontinue use of the Service.

Agreement Updates

This Agreement is effective as of October 1, 2024. We reserve the right, at our sole discretion, to modify or update these Terms at any time without prior notice. In the event of material changes, we will notify you via email or through an in-app notice. Your continued use of the Clean Sweeps app after such changes constitutes your acceptance of the updated Terms.

Use of Service

Our Service enables users to track and record sweepstakes data. You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations.

User Responsibilities

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are solely responsible for any sweepstakes or promotional activities you conduct using our Service, including ensuring the authenticity and legality of such activities.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Using the Service for any unlawful purposes.
  • Attempting to gain unauthorized access to the Service.
  • Interfering with the proper functioning of the Service.
  • Distributing malware or other harmful software.

Ownership and Intellectual Property

All content, features, and functionality of the Service are and will remain the exclusive property of Clean Sweeps LLC and its licensors. The Service is protected by copyright, trademark, and other applicable laws.

Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Clean Sweeps LLC makes no representations or warranties of any kind, express or implied, regarding the operation or availability of the Service, or the information, content, or materials included therein.

Limitation of Liability

In no event shall Clean Sweeps LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising from:

  • Your access to or use of or inability to access or use the Service;
  • Any conduct or content of any third party on the Service;
  • Any content obtained from the Service; or
  • Unauthorized access, use, or alteration of your transmissions or content.

Indemnification (for Service Use)

You agree to defend, indemnify and hold harmless Clean Sweeps LLC and its licensees, licensors, and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including reasonable attorney's fees) arising from:

  • Your use and access of the Service, whether by you or any person using your account and password;
  • A breach of these Terms; or
  • Any content posted on the Service.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use the Service after such revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Disclaimer of Liability for Sweepstakes Management

Clean Sweeps LLC provides the Clean Sweeps app solely as a record holder, ledger, and source of truth for managing sweepstakes entries. We do not own, operate, sponsor, or assume any liability for sweepstakes conducted through our Service. Your use of the Service to manage sweepstakes is entirely at your own risk.

Limitation of Role

Our role is strictly limited to providing the technological infrastructure for managing sweepstakes entries. We do not:

  • Design, execute, or administer sweepstakes;
  • Make decisions regarding the rules, eligibility, or execution of sweepstakes;
  • Handle prize fulfillment or manage related obligations; or
  • Ensure compliance with sweepstakes laws and regulations.

Merchant Responsibilities

Merchants utilizing our Service bear full responsibility for the creation, execution, and management of their sweepstakes. Specifically, merchants are solely responsible for:

  1. Designing and Executing Sweepstakes:
    • Developing sweepstakes rules, eligibility criteria, entry methods, and prize structures.
  2. Legal Compliance:
    • Ensuring that all sweepstakes comply with applicable local, state, and federal laws and regulations.
    • Securing any necessary permits, licenses, or approvals required to conduct sweepstakes.
  3. Prize Fulfillment:
    • Managing the distribution and fulfillment of prizes, including handling any associated costs or logistics.
  4. Promotional Integrity:
    • Maintaining accurate, truthful, and non-deceptive information in all sweepstakes promotions.
    • Avoiding misleading advertising or false claims related to the sweepstakes.
  5. Data Protection:
    • Protecting the personal information of participants in accordance with relevant data protection laws and regulations.

No Liability for Sweepstakes Conduct

Clean Sweeps LLC is not liable for:

  • Any actions, omissions, or misconduct of merchants in conducting sweepstakes.
  • The legality, fairness, or integrity of any sweepstakes managed through our Service.
  • Any disputes, claims, or legal actions arising from sweepstakes conducted by merchants.
  • Any direct, indirect, incidental, consequential, or punitive damages resulting from the use or inability to use the Service in relation to sweepstakes management.

Furthermore, Clean Sweeps LLC is not liable for any misuse of the Service by merchants or any third parties. Merchants agree to indemnify, defend, and hold Clean Sweeps LLC harmless from any claims arising from their misuse of the Service.

Additional Disclaimers

In addition to the foregoing, you acknowledge and agree that:

  • The Clean Sweeps app may experience occasional technical interruptions, errors, or downtime.
  • We are not responsible for data loss, corruption, or inaccuracies due to technical failures or unauthorized access.
  • Failure by us to enforce any provision of these Terms shall not be deemed a waiver of our right to enforce such provision in the future.
  • Third-party integrations or links provided within the app are offered solely for your convenience and do not imply any endorsement or responsibility by Clean Sweeps LLC.

Contact Us

If you have any questions about these Terms, please contact us at:

Email: info@cleansweeps.app

If you do not agree to these Terms, please uninstall or do not use the Clean Sweeps app.