Revised September 8, 2022
If you are using Amazing Workplace on behalf of a company or other legal entity, then "you" also means that company or legal entity. You agree to be bound by these Terms even if we have a separate agreement with you. You may not use Amazing Workplace if you do not agree to the version of the Terms posted on Amazing Workplace at the time you access Amazing Workplace.
The terms “we” and “us” refer to Amazing Workplace, LLC, a Delaware limited liability company. Note that Amazing Workplace LLC also does business as “Amazing Workplaces,” “AWP,” and “AWPS.”
To access or use Amazing Workplace, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use Amazing Workplace. An employer and its authorized agents are permitted to use the employer's account and any data about that employer provided via that account for the employer's internal business purposes.
You may not use Amazing Workplace if we have terminated your account or banned you.
You may have access to Amazing workplace as an Unregistered User, through a Registered Account, or through Employer-Provided Access.
Whether you are an Unregistered User, have a Registered Account, or have Employer-Provided Access, your use of the site is governed by all of the Terms.
Now, let’s look at specific parts of the Terms for Job Seekers, Employees, and Employers. Then we’ll go over additional general Terms for Everyone.
The following terms and conditions apply to all Employees and Job Seeks and other users who access or use the Site as intended for individuals participating in workplace surveys or seeking employment openings. You further agree that the Terms for Everyone also apply. For purposes of this Section I, all references to “you” or “your” shall mean you, the individual accessing this Site in your capacity as a job seeker or an employee.
Amazing Workplace makes available Job Ads and Company Sites through Amazing Workplace’s search results and otherwise through the Site. Job Ads and Company Sites may include content and links provided by third parties over whom Amazing Workplace exercises no control; you acknowledge and understand that Amazing Workplace has no control over content provided by third parties or any conditions third parties might impose once a user has submitted an application or left the Site. Amazing Workplace has no obligation to screen any Job Ads or Employer Listings. It has no obligation to include any Job Ads or Company Sites in its search results or other listings, and may exclude or remove any Job Ads or Company Sites from the Site or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that Amazing Workplace has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. Amazing Workplace assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads or Company Sites, or other information submitted by any Employer or other user.
When you view, send, store or receive communications or materials on or through the Site, you agree to your communication and materials being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Amazing Workplace policies, content moderation, and to improve the Site or any other Amazing Workplace product or service whether via automated means or otherwise.
Amazing Workplace provides the ability to apply to employers or to otherwise contact them.
YOU UNDERSTAND AND AGREE THAT THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT TO EMPLOYERS OR ANY OTHER USERS YOU FIND ON THE SITE. YOU ACKNOWLEDGE AND AGREE THAT AMAZING WORKPLACE IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT AS A RESULT OF THESE CONTACTS.
YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE THE SITE’S APPLICATION FUNCTIONS AND EMPLOYER CONTACTS AT YOUR OWN DISCRETION AND RISK AND THAT AMAZING WORKPLACE DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF THE OF JOB APPLICATION FUNCTIONS OR COMPANY CONTACTS.
YOU UNDERSTAND AND AGREE THAT EMPLOYERS ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING THEIR EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT EMPLOYER INDEMNIFIES AMAZING WORKPLACE AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYER’S USE OF AMAZING WORKPLACE. AMAZING WORKPLACE DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYER’S USE OF THE SITE COMPLIES WITH TITLE VII OR ANY SIMILAR LAW.
Amazing Workplace has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts.
Survey Responses. Amazing Workplace enables some users to interact with workplace surveys and do other survey-type activities. Amazing Workplace collects the results of these interactions in an anonymous format (“Your Responses”). Your responses are stored without your name or other information that would identify you as the user who generated the responses. Amazing Workplace will not, and cannot, provide information to identify the users who generate responses. If you add text comments during your responses, you will be able to opt-in during the submission step to permit Amazing Workplace and your employer to display those text responses, but they will still be anonymous. You hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Your Responses in any and all media (now known or later developed) throughout the world.
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 employer’s 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.
By using the Site or any Amazing Workplace products or services, and in return for the services offered by Amazing Workplace, you acknowledge that Amazing Workplace can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site, you agree not to sue Amazing Workplace as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Amazing Workplace regarding your use of the Site. Additionally, as a Job Seeker, you acknowledge that your use of job search, Amazing Workplace job-seeker tools, and other free services on the Site is not purchased. Your acceptance of this Agreement, including this Class Action Waiver, is part of the bargain allowing your free use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, as otherwise limited in this agreement.
Amazing Workplace hereby grants you a limited, terminable, non-exclusive right to access and use Amazing Workplace Sites only for your personal use seeking employment opportunities or participating in the improvement of your workplace for yourself.
This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of anything you post to Amazing Workplace Sites and any consequences arising from such posting. Your use of Amazing Workplace Sites and your license is a privilege. Amazing Workplace reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
Content from other users, advertisers, and other third parties is made available to you through Amazing Workplace. "Content" means any work of authorship or information, including demographic information, company reviews, company photos, logos, employer-created text, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on Amazing Workplace. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.
The following terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings or improving the quality of their workplaces, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties. You further agree that the Terms for Everyone also apply. For purposes of this Section II, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer.
1. Employer Accounts
In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invites other users to the same account. Admin(s) can provide these other users varying levels of access and functionality (“Roles”) within the account, as described on the site, such as accessing account data, including candidate Personal Data, contained in the account of the user who initiated the invite, purchasing services from Amazing Workplace under such account. If you are an Admin adding a user to a Role or several Roles, you represent to Amazing Workplace that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Amazing Workplace from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data, access to your account, and any purchases made under your account. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, such as: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access. When using a Linked Account, any users with access to certain Roles may also have the ability to purchase Amazing Workplace products under your account, and you agree that you are responsible for the payment of all such purchases made. If you accept another user’s invitation to link your Employer account to their Employer account, you acknowledge that any and all information about your activity in your Employer account, such as the actions you take and when you take them, will be visible to all linked users. Linked Account users will not be able to see your activity, such as your job searches, applications or preferences or your Amazing Workplace Profile information, in your Job Seeker account. You may visit your account settings at any time to unlink your account. The Admin assigned to an Employer account may also unlink any user from that Employer account at any time, and may be notified if your Linked Account is used to login from too many devices.
Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with Amazing Workplace
If your Amazing Workplace employer account has a credit card on file to pay for one Amazing Workplace product or service, Amazing Workplace may charge that card for any additional products or services you order.
You agree that Amazing Workplace may send notices to Job Seekers and Employees informing them that an Employer account has been compromised, including if such account is associated with you. Amazing Workplace cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that Amazing Workplace bears no responsibility for doing so. Amazing Workplace makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.
2. Employer Services.
You also agree that, as a service to Job Seekers and Employees, Amazing Workplace may activate its “Apply” relay function for use in connection with your Job Listings, and that any Job Seekers may indicate interest in Job Listings through Apply, and that Amazing Workplace will send applications to the email address you provide us with.
You are responsible for the contents of your emails, application forms, applicant questions or Company Pages that you create, update, or manage any Job Listings that you post, and any messages that you send through Apply or otherwise, and agree that Amazing Workplace is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Job Seekers.
You agree that Amazing Workplace may reject or remove any Job Listing or any questions for Job Seekers for any or no reason. For example, Amazing Workplace may remove any Job Listing or question that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing or question specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing or question implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing or question that directly or indirectly discriminates against Job Seekers or otherwise violates applicable law. Amazing Workplace further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.
In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message to a Job Seeker through Apply relay functions, do not use the Amazing Workplace relay functions and please contact the Job Seeker via another method. When using the Apply function, Amazing Workplace will attempt to send applications to the contact information that you provide, however, Amazing Workplace has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify Amazing Workplace for any damages resulting therefrom.
You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You further agree that Amazing Workplace has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the information the Job Seeker provided to Amazing Workplace may not be accurate.
By using Amazing Workplace employer services, you acknowledge and agree that Amazing Workplace is not procuring employees for Employers or procuring opportunities to work for Job Seekers, and that Amazing Workplace does not act as your employment agency by offering these candidate management tools. You agree that Amazing Workplace may take action to try to identify and reduce spam applications, including by imposing requirements for applicants. Amazing Workplace does not verify the identity of any Job Seekers who apply to your job listing, nor does Amazing Workplace know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing.
You acknowledge that as part of its efforts to combat fraud and spam, Amazing Workplace may require that users verify their email address, including Job Seekers applying to your job. However, email verification is not guaranteed. You are responsible for your use of any software that rejects applications from unverified email addresses.
You further acknowledge that compliance with any governmental record-keeping requirements is your sole responsibility.
3. Contextual Information or Data Provided by Amazing Workplace
Amazing Workplace may provide some information and content to users for informational purposes only. This information provided by Amazing Workplace represents estimates or suggestions from third-parties for informational purposes only, and they are subject to change or varying levels of accuracy. Salary figures may be approximations based upon third-party submissions to Amazing Workplace or from employer users. These figures are given to Amazing Workplace users for the purpose of generalized comparison only.
4. Communication through Amazing Workplace
You may receive messages, emails or email notifications related to use of the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through Amazing Workplace. Amazing Workplace disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
Amazing Workplace’s use of Survey Responses is governed by all the other applicable parts of the Terms, including the Indemnity and Dispute section below. 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 employer’s sole responsibility to respond to or resolve these allegations as they see fit.
5. Company Pages
You agree to only use the Amazing Workplace Company Pages in accordance with these terns:
Administrators. “Administrators” are Members who have signed up on Amazing Workplace as “administrators” of the Page or were added as “administrators” of the page. You acknowledge and agree that:
Name Changes and Mergers. You agree to accurately reflect the identity of the Employer organization on the Company Page and to promptly update any name changes of the Organization, including any that may result from mergers, acquisitions or other restructuring. Please Contact Us with requests related to the Page.
Content and Conduct. You agree that:
Company Pages Service Limits. You acknowledge and agree that:
6. Amazing Workplace’s Limited License to Employers
Amazing Workplace hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment or improving the quality of your workplace. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Amazing Workplace to any third party without the express written authorization of Amazing Workplace.
Employers may use Amazing Workplace Survey Reports in improving the quality of their own workplaces only. You may not reproduce workplace surveys from Amazing Workplace for any purpose.
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 provide to Amazing Workplace. 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).
Some additional rules apply while you are using Amazing Workplace.
You represent and warrant that you will use Amazing Workplace solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on Amazing Workplace ("Your Content"). You agree that by submitting or authorizing Your Content and Your Responses for use on Amazing Workplace, you have reviewed and understood Our Rules.
You understand that you may expose yourself to liability if Your Content or other use of Amazing Workplace violates applicable law or any third-party right.
Our Rules. You agree that you will not:
Removal of Content. While Amazing Workplace has no obligation to do so, Amazing Workplace reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Amazing Workplace, or that we deem, in our sole discretion, inappropriate.
Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from Amazing Workplace; suspending your rights to use Amazing Workplace; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.
Amazing Workplace 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 personal use in connection with using Amazing Workplace. Except for the limited licenses expressly granted to you in these Terms and Conditions, 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 the Amazing Workplace content, 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 HTML code used to generate web pages on the Sites; (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 Amazing Workplace 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 from any of the Amazing Workplace Sites, without the express written consent of Amazing Workplace. The use of Amazing Workplace Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. 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 the Amazing Workplace Content or the pages making up its sites is also protected by Amazing Workplace copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained Amazing Workplace on any authorized copy you make of the Amazing Workplace Content. All other product and service marks contained on the Sites are the trademarks of their respective owners.
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 Amazing Workplace or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Amazing Workplace.
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 Amazing Workplace, 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.
You hereby release the Amazing Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
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 AMAZING WORKPLACE, 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).
Termination. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Amazing Workplace, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
Changes to Terms. We may revise these Terms from time to time by posting an updated version on Amazing Workplace. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of Amazing Workplace is subject to the most current effective version of these Terms.
Place of Use. Amazing Workplace makes no claims that its Content may lawfully be downloaded outside of the United States. Access to the Content may not be legal for certain persons or in certain countries, and such persons have no right to access or use the Site. If you access Amazing Workplace from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
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.
Except as stated in separate service agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Amazing Workplace 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."
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