Amazing Workplace, Inc.
Employee Happiness Management System™
Terms of Use
Revised May 22, 2024
Hi, we like you!
What are “Terms of Use”?
Terms of Use are simply the rules for using a website.
The word “terms” means words that are used to describe something.
The word “use” means the action of using something (take or hold something to do something).
Terms of Use in business transactions can be traced back to ancient civilizations, where merchants and other traders used written agreements to govern the terms of their transactions and to protect their interests.
In current times, Terms of Use are a legal agreement that describes what you are allowed to do when you access and use a company’s websites, data (information), and software applications.
Terms of Use are normal. Nearly every company that has a website or software that you use has Terms of Use. For example, when you use your cell phone or computer, there are Terms of Use that you must agree to before you are allowed to use those devices and the websites, data (information), and software applications on them.
Why do Terms of Use exist?
Companies that create websites, data (information), and software applications work hard to make them. When companies create these things, they need to protect them legally so that others don’t copy, steal, or misuse them.
Terms of Use exist for three reasons:
Companies need to protect their property - the things they have created (so that others don’t take the things they have created, copy them, or steal them).
Companies need to explain what others can do with the things they have created, mostly to prevent others from copying or stealing, but also to prevent misuse.
Companies want to protect you – the people that use their property.
Amazing Workplace Terms of Use:
From here on out, we will call the Amazing Workplace Terms of Use the “Terms.”
What to call the website, data (information), and software applications:
Amazing Workplace has a website where you can login with a username and password. This website has many names that have been created over time by Amazing Workplace and its customers. In an effort to avoid confusion, here is a list of words used to describe Amazing Workplace’s website, data (information), and software applications:
Amazing Workplace Platform
The Platform
Amazing Workplace System
The System
Employee Happiness Management System™
EHMS™
Amazing Workplace Website
From here on out, we will use Amazing Workplace Platform or the Platform to describe Amazing Workplace’s website, data (information), and software applications.
Our company’s name, location, and mailing address:
Amazing Workplace, Inc., is usually called “Amazing Workplace” or “AWP.” Sometimes Amazing Workplace is called “Amazing Workplaces” and “AWPS.”
“Amazing Workplace”, “we”, and “us” refer to Amazing Workplace, Inc., a Delaware corporation. Our headquarters or what is called our “principal place of business” is located at 608 N. Osceola Avenue, Clearwater, Florida 33755.
Our mailing address is 61141 S Hwy 97 Suite #310 Bend, OR 97702.
Your name:
Amazing Workplace uses several words to describe you (in the nicest way possible). Sometimes we will use the word “you.” Other words we use to describe you are: “Customer,” “Client,” and “Subscriber.”
Terms are an agreement:
Terms are an agreement between you and Amazing Workplace. In order to access Amazing Workplace’s Platform, you signed an order form or other document giving you permission to access the Platform. In exchange for access to the Platform, you pay a subscription and agree to the Terms in this document. To protect you, Amazing Workplace, the Platform and others, no one may use the Platform if they do not agree to the Terms.
Who agrees to these Terms and who do they apply to?
These terms apply to You (of course), and to your employees, agents, officers, owners, or anyone you give access to or who has access through your subscription.
Why?: Companies do this to make sure that everyone is following the rules. If companies didn’t do this, then you or someone could give their username and password to someone else and that person could steal all the Platform information.
Terms apply to every user of the platform whether the user is an individual person, a corporation, or any other kind of legal entity.
Specific topics and things to go over:
Users & Platform Access. Users is a word to describe anyone that “uses” the Platform.
You choose. You get to choose who you would like to be set up as a user.
Email needed. To set up a user with access to the Platform, we require a valid email address provided by you. The email address provided must be one where we can reach each user. Amazing Workplace will send an email to give users access to the Platform.
User account. We call this process of getting emails from you and sending emails to users “setting up a user account.”
Passwords. Each user must create a password for their access to the Platform. The password protects unauthorized access to the Platform. We encourage the use of strong passwords (passwords that use a combination of letters and symbols).
Confidential. Each user is responsible for keeping their password confidential.
Oops, someone may have my password… If for some reason you or a user suspects unauthorized use of a user account or access to a password, please notify us immediately at support@amazingworkplace.com.
You are in charge. You and users are solely responsible for any use of user accounts.
Cancelled or suspended access. Passwords and access to the Platform may be cancelled or suspended by Amazing Workplace for any violation of these Terms, including failure to pay for your subscription.
Subscription & Payment. You and other users that are included in your subscription are authorized to access the Platform during your subscription. It is important that your subscription is paid for so that Amazing Workplace can continue to provide access to the Platform. You will have access to the Platform so long as your subscription is active and paid as agreed in your order form or other document between you and Amazing Workplace. These Terms also make your most current order form a part of the agreement between You and Amazing Workplace, setting the price, level of access, and other details of your subscription.
You acknowledge that Amazing Workplace subscriptions renew automatically one year after you subscribe, and automatically renew each year following. Renewal bills are charged to you at the time of automatic renewal and must be paid within 30 days to keep access to the Platform.
You may cancel your subscription at any time. If you choose to cancel, please communicate with us in writing and provide the date you wish your cancellation to be in effect.
Platform Information. The Platform contains two types of information.
Amazing Workplace created information. The first type of information is created by Amazing Workplace. This includes the words, buttons, headings, website navigation menus, images, survey templates, survey questions, conversation templates, conversation questions, action ideas, presentations, resources, and any other information that is not “your information” as described below. This information may be accessed and used during your subscription. Users may make copies for use by users and for the company named in your subscription (your company). This information is the property of Amazing Workplace and may not be re-sold, re-licensed, or given to others without prior written authorization from Amazing Workplace.
Your information. You may use the Platform to gather information from employees or others (this is called “your information”). The Platform permits you to collect and store your information in it for use by yourself and other users. You may download, copy, and use your information how you choose – it is your property.
Your information is normally anonymous. The Platform normally collects your information in an anonymous format. This is a choice that you make before collecting your information. When you choose to gather information anonymously, the Platform is designed in such a way that no one, not even Amazing Workplace, can connect your information to a specific employee or person. It is not possible. This means that your information is stored without employees’ or people’s names or any other identifying information. When information is gathered anonymously, Amazing Workplace is unable to identify the employees or people who provided your information. For example, we are unable to provide which user left a particular comment or set of responses (in the case of a survey).
Non-anonymous information. You have the option to collect your information in a non-anonymous way. Information that is collected in a non-anonymous way will have details about the names of employees or people in the Platform. This is your choice and responsibility for the use of the Platform and access to non-anonymous information.
Sharing anonymous comments. If your information includes comments left by employees and people, they have the option to allow you to share their comments. This is their choice. Employees and people can check a box (on the screen) right before they submit your information allowing you to use their comments. Some companies use comments to post reviews online, letting others know what their employees have to say about working at their company. Others use comments to acknowledge their workplace.
Use of comments. The use of comments is your responsibility. Amazing Workplace is not responsible for your use of comments or situations where employees or people voluntarily identify themselves in your information.
What happens to your information if you no longer use the Platform? Your information may be exported by you prior to the end of your subscription. If for some reason you need an export of your information after the end of your subscription, please contact support@amazingworkplace.com for help in obtaining a download of your information. Please note that your information may no longer be available if there are requirements to delete your information after the end of your subscription.
Allegations of Wrongdoing in Your Information. This can be a touchy subject, but it is an important one. When you collect your information from employees and people, you may collect information that alleges wrongdoing or worse, illegal activity. It is important that you understand your responsibilities and the responsibilities of Amazing Workplace if your information contains allegations of wrongdoing.
Amazing Workplace’s responsibility. In short, Amazing Workplace is not responsible for allegations of wrongdoing or to take any action based on such allegations contained in your information. If the information is anonymous, we cannot (because of the Platform software) provide you with more information about the identity of the person alleging wrongdoing. You acknowledge and agree that Amazing Workplace cannot respond to your information indicating allegations of wrongdoing, unlawful employment conditions, or any other allegations.
Your responsibility. Your information is provided to you for use by you and your company, and it is your sole responsibility to respond to or resolve these allegations.
Final note on your information. Like all uses of the Platform, Amazing Workplace’s use of your information and your use of your information are governed by all the other applicable parts of the Terms.
Platform and Services Data. You may provide, create, or generate other content, data, and results through the Platform, or through Amazing Workplace information. Examples include assessments, analysis, and workplace improvement services with Amazing Workplace (“Platform and Services Data”).
Confidential. Amazing Workplace treats all Platform and Services Data as Confidential Information under section 6 below, unless otherwise directed by you and your authorized users. Amazing Workplace will not use, reproduce, or transmit Platform and Services Data unless you or your authorized agents specifically request Amazing Workplace to do this in writing (email is acceptable). Platform and Services Data is not shared with outside parties unless you or your authorized agents direct Amazing Workplace to do so.
Confidential Information.
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.
What Information is not Confidential?
The following information is not Confidential Information, information that: (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.
When can I Share Confidential Information?
Amazing Workplace and you 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.
Workplace Page Content. 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 can 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 the Platform.
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 purposes. 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 Liability for Use. This section looks complicated, but it is important. It provides below that Amazing Workplace has protections and limited liability for anything that comes from your use of the Platform.
Your actions and Use of the Platform. 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 limits any rights you have which may not be lawfully limited.
Your Use of the Platform - Limitation of Amazing Workplace Liability. 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 Florida 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!