Subject to your compliance with the Terms, you may access and use the Platform solely for your own personal and non-commercial use. You may not: copy, modify, or distribute the Application or any other element of the Platform for any purpose; transfer, sublicense, lease, lend, rent, or otherwise distribute any aspect or element of the Platform to anyone else; reverse-engineer, decompile, or create derivative works of any aspect or element of the Platform; make the functionality of the Platform available to multiple users through any means; use multiple accounts for any single individual user; or use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SweetSpot or its licensors.
In order to access certain features of the Platform, you must create a file with us (an “Account”). Even if you do not register with a username and/or password, we still need to create an Account for you to customize your Application experience and show you more relevant information. If you register, you will be asked to choose a username and a password. You agree not to disclose your password to anyone else and that you will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or your Account. We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide us will be true, accurate, current, and complete. By creating an Account, you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Platform.
You must be at least eighteen (18) years of age to open an Account and access any portion of the Platform. In jurisdictions, territories, and locations where the minimum age for permissible use of the Platform is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. You may establish only one Account per person to participate in the Platform. In the event SweetSpot discovers that you have opened more than one Account per person, in addition to any other rights that SweetSpot may have, SweetSpot reserves the right to suspend or terminate any or all of your Accounts. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your Account. It shall be a violation of these Terms to allow any other person to use your Account. If you have reason to believe that someone is using your Account without your permission, you should contact SweetSpot immediately. SweetSpot will not be responsible for any loss or damage resulting from your failure to notify SweetSpot of any such unauthorized use. If SweetSpot requests registration information from you, you must provide SweetSpot with accurate and complete information and must update the information when it changes.
The Platform offers the ability for certain persons or companies who have a need for transportation of certain goods for compensation (“Shippers”) to solicit (1) authorized motor carriers to provider of such transportation (“Carriers”) or (2) third parties who, for compensation, arrange or offer to arrange for the transportation of goods by Carriers (“Brokers”), and for Shippers to manage the process of selecting and arranging for shipments with Brokers or Carriers participating in the Platform. SweetSpot makes available on the Platform certain related listings and other shipping-related contents, including listings from time to time that are hosted by third parties on sites not owned or operated by SweetSpot (such listings and other contents, “Listings”). Listings are created and provided by third parties over whom we exercise no control; we are acting only as a posting service and we have no opinion and make no recommendation regarding users of our Platform. We do not have any obligation to screen any Listing, or to include any Listing in our listings, and we may exclude or remove any Listing from the Platform for any or no reason at any time. We cannot confirm the accuracy or completeness of any Listing or other information submitted by any Broker, Carrier, Shipper, or other user, including the identity of such Broker, Carrier, Shipper, or other user, and we disclaim all liability for the content, accuracy, completeness, legality, reliability, or availability of any Listing. All hiring, scheduling, and compensation set forth or otherwise related to any Listing are handled directly between the Shipper and the Broker or Carrier and we make no recommendation regarding the accuracy or legality of the posting, shipping arrangement, or any other aspect of such transaction. Shippers, Brokers, and Carriers are encouraged to perform due diligence in considering shipper arrangements by investigating references, qualifications, and credentials, including seeking legal services if needed, and any documentation of such relationship shall be the responsibility of the respective Shipper, Broker, or Carrier. We do not endorse any Shipper, Broker, or Carrier, and we do not review materials, websites, or information posted at websites linked to the Platform, and specifically disclaim any responsibility for the contents of the same. We may from time to time provide certain types of shipping-related information on the Platform. All such information is for informational purposes only, and is in no way to be construed as SweetSpot acting as a Broker, Carrier, or any freight forwarder or third party logistics provider. You understand that we may give suggestions or information regarding best-practices, however, you understand that it is ultimately the responsibility of Shippers using our Platform to determine how to pursue their search.
The use of the Platform is currently made available to users free of charge; however, while it is not currently intended, we reserve the right to charge a fee for using portions of the Platform at any time. If we begin charging a fee for your continued access to the Platform, we will give you at least fifteen (15) days’ prior notice so you can opt out of the applicable portion of the Platform.
Certain portions of the Platform may allow you to post or upload text, graphics, images, and other content for display or publication through the Services or otherwise on the Platform (“Content”). By submitting Content to SweetSpot, you hereby grant SweetSpot a worldwide, irrevocable, non-exclusive, perpetual, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and SweetSpot's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You hereby grant SweetSpot the non-exclusive right to use your name, likeness, images, and biographical information in its discretion in association with your Content. Based on your settings, if you publish images or other such content through the Services, they may be viewed by and shared with other users.
You agree not to:
SweetSpot does not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any Content. We reserve the right to decide whether Content is appropriate and complies with the Terms, and may remove such Content and/or terminate your access to the Platform for uploading material in violation of the Terms at any time without prior notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available Content or other materials on the Platform that are believed to violate the Terms or otherwise violate applicable law. We also reserve the right to reclaim Accounts on behalf of users that own a legal claim or trademark on the user’s name. It is SweetSpot's policy to terminate your access to the Platform if you infringe the copyright rights of others, upon receipt of proper notification to SweetSpot by the copyright owner or the copyright owner's legal agent.
You may terminate your Account at any time and for any reason by deleting your account by sending SweetSpot notice via email to [email protected] Upon any termination by you, your Account may no longer be accessible to you. Any termination request will be handled within thirty (30) days of receipt of such a request by SweetSpot. Any suspension, termination, or cancellation will not affect your obligations to SweetSpot under the Terms, which by their sense and context are intended to survive such suspension, termination, or cancellation, including but not limited to provisions related to ownership, indemnification, and limitation of liability. We may immediately terminate or suspend your access to the Platform and remove any material (including any Content provided by you) associated with such access from the Platform or our servers in the event that you breach the Terms, at our sole discretion and without prior notice to you. We also reserve the right to terminate the Platform or your access at any time and for any reason, including but not limited to the need to conduct maintenance or if we discontinue any portion of the Platform. Upon termination, all licenses and other rights granted to you under the Terms will immediately cease. We will not be liable to you or any other person for termination of the Services or termination of your use of the Services. Upon any such termination or suspension, any information (including Content) that you have submitted to the Platform may no longer be accessed by you. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any other person.
The Platform is protected by copyright, trademark, and other laws of the United States and foreign countries. SweetSpot and its licensors exclusively own all right, title, and interest in and to the Platform, including all associated intellectual property rights. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated into or accompanying the Services or Application. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any element of the Platform, except as expressly permitted in the Terms. Any feedback, comments, and suggestions you may provide for improvements to the Platform (“Feedback”) will be the sole and exclusive property of SweetSpot and you hereby irrevocably assign to SweetSpot all of your right, title, and interest in and to all Feedback.
The Platform may contain content or services provided by third parties and/or links to third party services, websites, or resources. We do not endorse such websites, services, or resources or the content, products, or services on or available from such websites, services, or resources, and we are not responsible or liable for the availability, accuracy, functionality, adherence to third party policies or SweetSpot policies, or legality of such websites, services, and resources. You are solely responsible for and assume all risk arising from your use of any such websites, services, or resources.
Your use of the Platform is at your sole discretion and risk. We will not be responsible for any harm to your computer or mobile device, loss of data, personal injury, property damage, or other harm that results from your use of the Platform. We do not make any warranties (i) regarding the security, accuracy, reliability, timeliness, and performance of any element of the Platform; or (ii) that the Platform will be error-free or that any errors will be corrected. SweetSpot will not be liable, and you are solely responsible, for any access or usage charges charged by your wireless carrier related to any device that you use to access or use the Platform.
We are not responsible for;
We disclaim all liability for any technical failures or errors of, on, or connected to the Platform. We will use commercially reasonable efforts to correct any such failures swiftly upon discovering them or being informed about them. The Platform, and all materials, information, products, and services included therein, is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING IN ANY WAY TO THE PLATFORM, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from SweetSpot will create any warranty not expressly stated in this Agreement.
You agree to defend, indemnify, and hold SweetSpot and its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Platform; (ii) your violation of the Terms; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.
YOU UNDERSTAND AND AGREE THAT SWEETSPOT LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PLATFORM AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL SWEETSPOT, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “SWEETSPOT ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE PLATFORM, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY SWEETSPOT OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE SWEETSPOT ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF ANY PORTION OF THE PLATFORM). IN NO EVENT WILL THE SWEETSPOT ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE SWEETSPOT ENTITIES AND INDIVIDUALS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE SWEETSPOT ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PLATFORM. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF SWEETSPOT’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY ASPECT OF THE PLATFORM OR OTHER PROPERTY OWNED OR CONTROLLED BY SWEETSPOT AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR CONTENT, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF THE PLATFORM OR YOUR CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542 (OR ANY ANALOGOUS LAW OF ANY OTHER STATE OR PROVINCE), THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND SWEETSPOT TO AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND SWEETSPOT THROUGH BINDING INDIVIDUAL ARBITRATION. You and SweetSpot agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and SweetSpot are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here (link: https://www.adr.org/ActiveRules) as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000.00 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000.00 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and SweetSpot. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and SweetSpot. YOU AND SWEETSPOT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and SweetSpot are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and SweetSpot over whether to vacate or enforce an arbitration award, YOU AND SWEETSPOT WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement. You may opt out of this arbitration agreement. If you do so, neither you nor SweetSpot can force the other to arbitrate. To opt out, you must notify SweetSpot in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your SweetSpot username and the email address you used to set up your SweetSpot account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. This arbitration agreement will survive the termination of your relationship with SweetSpot.
To the extent that these Terms allow you or SweetSpot to initiate litigation in a court, both you and SweetSpot agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the federal or state courts located in the city of Raleigh, Wake County, North Carolina, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
The Terms, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to the Terms, shall be governed by North Carolina law, without respect to its conflict of laws principles. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. The Terms are the entire agreement between you and SweetSpot concerning the Platform, and supersede all prior or contemporaneous communications between you and SweetSpot with respect to the Platform. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and SweetSpot’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision. We reserve the right, in our sole discretion, to modify, discontinue, or terminate any or all of the Platform at any time, or modify the Terms without notice. All modified terms and conditions will be immediately effective as of the date the modified Terms are posted on the Website and will apply to all Accounts and customers enrolled in the Platform. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, terminate or cancel your Account. By continuing to access or use the Platform after we have posted the new terms and conditions on the site, you agree to be bound by such changes. Users will be notified by email or in the Application or through other available means if the Platform is suspended or cancelled. Notice of cancellation will also appear on the Website. If you have any questions about the Terms, please contact us at [email protected] We hope you will enjoy SweetSpot's Platform!