Employee Happiness Management System™
Revised January 3, 2024
“Amazing Workplace”, “we”, and “us” refer to Amazing Workplace, Inc., a Delaware corporation with its principal place of business at 1557 Maple Street Clearwater, Florida 33755. Note that Amazing Workplace, Inc., also does business as “Amazing Workplaces,” “AWP,” and “AWPS.” Note that mail to us should be directed to 61141 S Hwy 97 Suite #310 Bend, OR 97702.
Employees, agents, officers, or owners who access the Amazing Workplace Platform also agree to be bound by the Terms just as they apply to Client in their use of the Platform. The terms apply to every user of the platform whether the user is an individual person, a corporation, or any other kind of legal entity.
You may not use the Platform if you do not agree to the Terms.
- Users. Amazing Workplace will send an email to set up a user account for each user you authorize. For each user to create a registered Amazing Workplace account, we require that they provide a valid email address. The email address provided must be one where we can reach each user. Each user agrees to be bound by these terms. Each user must create a password for the account. The password protects your account from unauthorized access, so we encourage you to use strong passwords. You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by Amazing Workplace for any violation of these terms, including failure to pay for your subscription as agreed.
- Subscription Payment. You are authorized to access the Platform while your agreed subscription amount is paid and current as agreed in your order form between you and Amazing Workplace.
- Survey Responses. The Platform enables some users to interact with workplace surveys and do other survey-type activities. As a rule, Amazing Workplace collects the results of these interactions in an anonymous format (“Your Responses”). Your responses are stored without names or other identifying information except where you authorize a non-anonymous survey. Amazing Workplace will not, and cannot, identify the users who generated particular responses in an anonymous survey. If survey participants add text comments in your responses, they can opt-in during the submission step to permit You and Amazing Workplace to publish these comments, but the comments will be published without identifying information. Amazing Workplace is not responsible for users voluntarily identifying themselves in survey comments or other responses.
- Allegations of Wrongdoing in Responses. You acknowledge and agree that Amazing Workplace cannot respond to survey results indicating allegations of unlawful employment conditions or any other allegations of wrongdoing with respect to employee and employer relationships. Responses are provided to employers, and it is your sole responsibility to respond to or resolve these allegations as they see fit. Amazing Workplace’s use of Responses is governed by all the other applicable parts of the Terms, including the Indemnity and Dispute section below.
- Platform and Services Data Confidential. You may provide, create, or generate other content, data, and results through the Platform, or through surveys, assessments, analysis, and workplace improvement services with Amazing Workplace (“Platform and Services Data”). Amazing Workplace shall treat Platform and Services Data as confidential unless otherwise directed by you and your authorized users, and shall use, analyze, reproduce, and transmit Platform and Services Data only as requested by you and your authorized agents. Platform and Services Data is not shared with outside parties unless you or your authorized agents direct Amazing Workplace to do so.
Amazing Workplace’s proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how and any other information which reasonably should be understood to be confidential to are confidential information of Amazing Workplace.
Client’s confidential information and Amazing Workplace’s confidential information are collectively referred to as "Confidential Information." Each party shall use Confidential Information of the other party only in compliance with these Terms, and shall not disclose such Confidential Information to any Third Party without the other party's prior written consent. Each party agrees to take reasonable measures to protect the confidentiality of the other party's Confidential Information and to advise its employees of the confidential nature of the Confidential Information and of the confidentiality provisions and use prohibitions herein.
Notwithstanding anything to the contrary contained in this these Terms, neither you nor Amazing Workplace shall be obligated to treat as confidential any information disclosed by the other (the “Disclosing Party”) which: (i) is rightfully known to the recipient prior to its disclosure by the Disclosing Party; (ii) is released by the Disclosing Party to any other person or entity (including governmental agencies) without restriction; (iii) is independently developed by the recipient without any use of or reliance on Confidential Information; or (iv) is or later becomes publicly available without violation of these Terms or may be lawfully obtained by a party from any nonparty.
Notwithstanding the foregoing, either party may disclose Confidential Information of the other to a Third Party as may be required by law, statute, rule or regulation, including any subpoena or other similar form of process, provided that (and without breaching any legal or regulatory requirement) the party to which the request is made provides the other party with prompt written notice thereof and, if practicable under the circumstances, allows the other party to seek a restraining order or other appropriate relief.
- Content Provided for Workplace Pages Licensed as Approved. Amazing Workplace hosts information, verified reviews, results, open-source data, and branding on its Workplace Pages in www.amazingworkplace.com/workplace (“Workplace Page.”). During your use of the Platform, you have the ability to authorize content for use on Workplace Pages. To the extent that you and your agents approve content for use on these pages, you grant to Amazing Workplace (and its affiliates) a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish any content you authorize for publishing on your Workplace Page You represent and warrant that you own or have all necessary rights (including intellectual property rights) to such content (including to grant the license above).
- Amazing Workplace Content and Intellectual Property. The Platform contains content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Amazing Workplace owns and retains all property rights in Amazing Workplace. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Amazing Workplace solely for your use in connection with using Amazing Workplace to improve your workplace.
Except for the limited licenses expressly granted to you in these Terms, Amazing Workplace reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute content from the Platform, or use it in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the code used in any part of the platform; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any services we provide other than the search from Amazing Workplace on such Platform sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available in the Platform, without the express consent of Amazing Workplace.
The Amazing Workplace logo and certain other names or logos are service marks or trademarks of Amazing Workplace, and all related product and service names, design marks and slogans are the service marks or trademarks of Amazing Workplace. In addition, the "look" and "feel" of the Amazing Workplace Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Amazing Workplace trademarks, service marks and copyrights. Any code that Amazing Workplace creates to generate or display Amazing Workplace content or the pages making up the Platform is also protected by Amazing Workplace copyright.
Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on the Platform or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to the Platform.
- Indemnity and Dispute. You agree to defend, indemnify, and hold Amazing Workplace and its subsidiaries and its respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the "Amazing Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of the Platform, including due to or arising from your breach of any provision of these Terms. The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
IN NO EVENT SHALL THE AMAZING GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AMAZING GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF AMAZING WORKPLACE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
- User Access Termination. User access to the platform is subject to cancellation or suspension by Amazing Workplace for violation of these terms.
- Changes to Terms. We may revise these Terms from time to time. When we revise the terms, we will notify you by email. Your continued use of Amazing Workplace is subject to the most current effective version of these Terms, beginning 30 days after we email you the new terms.
- Governing Law. These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of Amazing Workplace, shall be governed by the laws of the State of Oregon without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction.
- Entire Agreement. These Terms, together with the provisions agreed on your order form(s), constitute the entire agreement between you and us regarding the use of the Platform and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."
Thank you for using Amazing Workplace!