Amazing Workplace, Inc.

Amazing Workplace Platform™

Terms of Use

Revised: August 1, 2024

 

Welcome, we're happy you are here.

What is the Amazing Workplace Platform?

The Amazing Workplace Platform™ (also called "AWP") is an online subscription to software.

This is called software as a service (often abbreviated as "SaaS").  With a subscription, your organization can use AWP by visiting www.amazingworkplace.com and entering a username and password. 

AWP is similar to other subscription websites like Westlaw, Lexis, Qualtrics, Survey Monkey, and Netflix.

Customers pay a subscription, are given a username and password, and then log in to use AWP software and content.

 

How do organizations use the Amazing Workplace Platform?

Most people think about AWP as a "survey platform" company.  We are a little different and it is worth explaining that difference.

The Amazing Workplace Platform™ allows organizations to send out questions, usually to employees or customers, in order to gather information for use in making business decisions.

AWP uses proprietary (unique) conversation software that is similar to surveys, but actually looks and feels more like a conversation.

AWP also has a patent-pending feeling verification technology (part of AWP's software) that accurately measures how happy people feel.

AWP has a library of pre-created conversations that can be sent out to employees, customers, or others to gather feedback.  Feedback is stored in AWP for use by organizations to make informed decisions about their employees, customers, or others.

 

Special note for lawyers and legal review.

The high-level purpose (goal) of this document is to:

  1. Protect your organization (your company and its people).
  2. Protect Amazing Workplace (our company and our people).
  3. Protect the Amazing Workplace Platform (the software) from theft or misuse.

AWP sells online software like Microsoft, Apple, Westlaw, Lexis, Qualtrics, Survey Monkey, Culture Amp, Netflix, and nearly every subscription-based software platform.  All of these companies have "terms and conditions" or "terms of use" or "terms of service."

  • They are usually "click-through agreements."
  • They do not normally allow changes to their terms. 
  • They all contain the exact same content as our Terms of Use.

To make things a little easier, we have organized our Terms of Use with an introduction explaining what the terms mean and why they are here.

Please, before picking up the "red pen" to make edits, remember that our Terms of Use must match the Terms of Use used by other companies in our industry.  Simply google "Culture Amp Terms" or "Qualtrics General Terms and Conditions" and you'll see that their agreements contain the same stuff as our Terms of Use.  So too do Microsoft, Apple, Lexis, and more.

We have reviewed the Terms of Use (or whatever others may call them) of all the companies listed above and many, many more.  Our Terms of Use match other companies in our industry.  These Terms of Use are what you'd call "industry standard."

 

Special Note: Want to add things?  You are not alone.  We have a spot for that.

The Order Form allows your organization to add specific things you may want added or written down before agreeing to use the Amazing Workplace Platform.  For example, payment terms, special requests, and more may be added to the Order Form and it will act as a legally binding agreement.

Included in our Terms of Use are specific things that you may add to an Order Form.  You may add those things and they will not conflict with our Terms of Use.  They give you the freedom to add things that you may want to add, without making changes to these Terms of Use.

 

Introduction & Background

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:

  1. To protect you & your people while using their property, products, online software, etc. 
  2. Companies need to protect their property, products, software, etc. & the things they have created (so that others don't take the things they have created, copy them, or steal them).
  3. 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.

 

How Terms of Use are organized.

Terms of Use are organized by numbers to make it "easy" to refer to things instead of re-writing things many times.  These numbered parts of the Terms of Use are called "Sections."

Sections.  Sections will be in bold and underlined so that they are easier to find. 

EXPLANTIONS.  We have also included simply explanations of why Sections are included, so that anyone (lawyer or not) can understand our Terms of Use.  Explanations will be in italics so that they are easier to find.

"Important Words."  Important words are specifically defined and are also capitalized so that you can refer to the definitions of those words as contained in this document (for example Terms of Use).

 

Amazing Workplace Terms of Use

EXPLANATION: Words are important.  In every Terms of Use, there are special definitions of important words.  The words listed below are used in the Terms of Use and the special definitions listed next to each one describe what they mean in the Terms of Use.

 

Section 1:  Definitions of Words

EXPLANATION:  Section One lists out important words and what they mean.  These words start with a capital letter (for example, the word Terms).  These words are listed in alphabetical order.

 

Section 1.1.  Terms.  From here on out, we will call the Amazing Workplace Terms of Use the "Terms."

1.1.       "Agreement" means an Order Form and documents incorporated into an Order Form, including these Terms of Use.

1.2.      "Amazing Workplace", "Our", "We", and "Us" refer to Amazing Workplace, Inc., a Delaware corporation.

1.3.      "Amazing Workplace Platform", "Platform", "AWP" refer to Amazing Workplace's  Software as a Service accessed and used by You.

1.4.      "Authorized User" means any individual that Customer authorizes to use the Amazing Workplace Platform.  Examples include employees, agents, contractors, or representatives of Customer. "User" means any individual that uses the Amazing Workplace Platform.

1.5.       "Client", "Customer", "Subscriber", "You" or "Your" means the entity or person set forth in the Order Form.

1.6.      "Confidential Information" means all information that the disclosing Party protects against unrestricted disclosure to others that (a) the disclosing Party or its representatives designate as confidential, internal, or proprietary at the time of disclosure, or (b) should reasonably be understood to be confidential at the time of disclosure given the nature of the information and the circumstances surrounding its disclosure.

1.7.       "Order Form" means the form that Amazing Workplace provides to customers to identify the products and services available during their subscription, as well as any additions to the Agreement.

1.8.       "Subscription" means Customer's access to Amazing Workplace products and services for a period of time as shown on the Order Form. A Subscription is paid for in advance.

1.9.       "Parties" means You and Amazing Workplace. "Party" refers to You or Amazing Workplace.

1.10.     "Third Party" means any person or legal entity other than You or Amazing Workplace.

1.11.     "Your Information" means any content, materials, data, and information that Authorized Users enter or collect into the Amazing Workplace Platform or that Customer derives from its use of and stores in the Platform (e.g., Customer-specific reports). Customer Data and its derivatives will not include Amazing Workplace's Confidential Information.

 

Section 2:  Using the Platform

EXPLANATION:  Section Two describes what You (and others You allow to access and use the Platform) are allowed to do with the Platform and what You are not allowed to do with the Platform.

 

2.1.       Amazing Workplace Platform Agreement.

The Terms of Use, all Order Forms and any privacy-related documents (collectively, this "Agreement") form a contract between you and Amazing Workplace.  These documents were signed by authorized representatives.

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 and Your Authorized Users permission to access the Platform.

In exchange for access to the Platform, you pay for a Subscription and agree to these Terms. To protect you, Amazing Workplace, the Platform and others, no one may use the Platform if they do not agree to the Terms.

Any User of the Platform that is not an Authorized User shall be subject to immediate legal action.

 

2.2.      Platform use & Restrictions.

As set forth in the Order Form, Amazing Workplace grants to Customer a non-exclusive and nontransferable right to use the Amazing Workplace Platform solely for Customer's internal business purposes, including collecting Your Information from third parties for such internal business purposes. Customer may use the Platform worldwide except from countries or regions where such use is prohibited by law or as set forth in an Order Form.

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

 

2.3.      Platform Updates & Changes.

EXPLANATION:  Companies like Amazing Workplace include this to make sure that everyone knows that online software is constantly updated and made better for all Users. While most updates or changes add new features, sometimes changes are not wanted by a Customer.  If a Customer does not like a change, they may cancel their Subscription and receive a pro-rated refund. 

We continually update and improve the Amazing Workplace Platform.  Amazing Workplace may make updates or changes at any time without prior notice.  We will provide You with reasonable prior notice if we make a change to the Platform resulting in an overall material decrease in functionality of the Platform.  If we do make a change that results in a material decrease in functionality, you may terminate your Subscription as described in Section 6.

 

2.4.       Who agrees to these Terms and who do they apply to?

EXPLANATION:  Companies like Amazing Workplace include 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.

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.

Terms apply to every User of the Platform whether the user is an individual person, a corporation, or any other kind of legal entity.

 

2.5.       Users – Who can Use the Platform?

EXPLANATION: "Users" is a word to describe anyone that uses the Platform.

1)      You choose. You get to choose who is set up as a User.

2)      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

3)      User account. We call this process of getting email addresses from you and sending emails to Users "setting up a User account."

4)      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)

5)      Confidential. Each User is responsible for keeping their password confidential.

6)      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

7)      You are in charge. You and Users are solely responsible for any use of User accounts.

 

2.6.      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.

 

Section 3: Fees & Payments

3.1.      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. These Terms also make your 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 and payment.

 

3.2.      Automatic Renewal.

Your Subscription for the Platform will automatically renew for successive one-year terms, or another period as set out in an Order Form signed by You, at the end of each Subscription term unless you cancel the automatic renewal of the Platform by providing us with written notice during the current Subscription term for Your Subscription.

Any automatic renewal does not guarantee that the price for the Platform during the previous Subscription term will remain the same for the next Subscription term.

 

3.3.       Taxes.

Unless stated otherwise in the Order Form, all fees for Your Platform Subscription exclude sales tax, GST, VAT, or other similar taxes. Except for any income taxes payable by Amazing Workplace, You are responsible for all other taxes or duties payable under applicable law relating to the Platform provided under this Agreement, including any penalties or interest. If Amazing Workplace is required to collect or pay any taxes on Your behalf, we will invoice You for those taxes unless You provide us with valid evidence that no tax should be invoiced

 

Section 4: Platform Information & Data Protection

4.1.      Platform Information.

The Platform contains two types of information.

1)      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. 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. Users may make copies for use by Users and for the Company named in Your Subscription (Your Company).

2)      Your Information. You may use the Platform to gather information from employees, customers, or others (this is called "Your Information"). "Your Information" also includes information about employees, customers, or other people that You load, enter, store, and manage in the Platform. The Platform permits You to collect and store Your Information for use by Your Authorized Users. You may download, copy, and use Your Information how you choose – it is Your property.

1)      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, customer, or person. It is not possible. This means that Your Information is stored without employees', customers', or people's names or any other identifying information. When information is gathered anonymously, Amazing Workplace is unable to identify the employees, customers, 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 conversation)

2)      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, customers, or people in the Platform. information that You load, enter, store, and manage in the Platform may also contain non-anonymous information about employees, customers, or other people. Gathering, loading, storing, or managing non-anonymous information is Your choice and You are responsible to ensure that use of non-anonymous information in the Platform is lawful and does not violate the Terms.

3)      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, customers, 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

4)      Use of comments. The use of comments is your responsibility. Amazing Workplace is not responsible for Your use of comments or situations where employees, customers, or people voluntarily identify themselves in Your Information

5)      What happens to Your Information if You no longer use the Platform? You may export Your Information 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

 

4.2.      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, customers or 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

1)      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

2)      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

 

4.3.      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.

 

4.4.      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").  

 

4.5.      Confidential Information.

Amazing Workplace treats all Platform and Services Data as Confidential Information, 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 Third 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. 

Your confidential information and Amazing Workplace's confidential information are collectively referred to as "Confidential Information." You and Amazing Workplace shall each 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

 

4.6.      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 Third Party

 

4.6.      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

 

4.7.      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).

 

4.8.      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 the Platform. 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

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 Information); or (2) rent, lease, loan, or sell access to the Platform.

 

Section 5: Protecting You, Amazing Workplace, and the Platform

5.1.      Indemnity Introduction. 

This section looks complicated, but it is important. It explains that Amazing Workplace will protect You from certain legal claims.  It explains that You will protect Amazing Workplace from certain legal claims.  It explains that liability is limited to the fees paid for a Subscription, except for certain legal claims.

 

5.2.      We will Protect You. 

Amazing Workplace shall defend, indemnify and hold You harmless, Your affiliates, and Your respective officers, directors, shareholders, employees and agents from and against all third-party claims for costs, fees, expenses, damages and liabilities, including reasonable attorneys' fees and costs arising out of Amazing Workplace's infringement, misappropriation or violation of any intellectual property right of a third-party, breach of any confidentiality obligations, or breach of this Agreement.

 

5.3.       You will Protect 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 harmless from any third-party 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, breach of any confidentiality obligations, or any breach of this Agreement.

 

5.4.      Limitation of Liability. 

To the extent permitted by applicable law, the aggregate liability of You or Amazing Workplace arising out of or in connection with this Agreement will not exceed the total amounts paid or payable by You to Amazing Workplace under this Agreement during the 12 months prior to the event giving rise to the liability or claim.

This limitation of liability does not apply to each Party's indemnity obligations in Sections 5.2 and 5.3

 

Section 6: Ending the Relationship – Termination

6.1.      User Access Termination

User access to the platform is subject to cancellation or suspension by Amazing Workplace for breach or violation of the Agreement.

 

6.2.       Termination at End of Subscription Term.

If your Order Form states that your Subscription will not auto-renew, then your Subscription will terminate at the end of the Subscription term with no further action required by you.

 

6.3.      Termination for Cause.

You or Amazing Workplace may suspend performance or terminate this Agreement if the other Party:

1)      Is in material breach of this Agreement and fails to cure that breach within 30 days after receipt of written notice; or

2)      Ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days.

In addition, Amazing Workplace may immediately terminate this Agreement if: (i) any payment owed by You to Amazing Workplace is more than 60 days overdue; or (ii) Customer breaches Section 2.2.

 

6.4.       Termination for Material Decrease in Functionality.

If we make a change to the Platform resulting in an overall material decrease in functionality, you may terminate this Agreement immediately by providing notice to Amazing Workplace. Upon receiving notice of termination from you, Amazing Workplace will provide you with a pro rata refund of any fees prepaid by you applicable to the period following the termination of this Agreement.

 

6.5.       Consequences of Termination.

If this Agreement is terminated:

1)      By You due to breach by Amazing Workplace, we will provide you with a pro rata refund for any fees prepaid by you applicable to the period following the termination of this Agreement; or

2)      By Amazing Workplace due to breach by you, we will bill You, and You will pay, for any accrued but unbilled fees for the Subscription term, and You will remain liable to pay any invoices outstanding on the termination date.

In no event will expiration or termination of this Agreement relieve You of any fees payable for the period prior to the date of termination.

 

Section 7: General Terms

7.1.      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.

 

7.2.      Our Company's Name, Location, and Mailing Address.

Amazing Workplace, Inc., is usually called "Amazing Workplace."  Sometimes Amazing Workplace is called "Amazing Workplaces."

Amazing Workplace, Inc. is a Delaware corporation. Our headquarters or what is called our "principal place of business" is located at 608 N. Osceola Avenue, Clearwater, Florida 33755.  We have employees all over the United States and our main mailing address is in Oregon:

 61141 S Hwy 97 Suite #310 Bend, OR 97702.

 

7.3.       Changes to Terms.

Amazing Workplace may revise these Terms from time to time. When We revise the terms, We will notify You by email. Your continued use of the Platform is subject to the most current effective version of these Terms beginning 30 days after we email notice of the new terms.

 

7.4.      Entire Agreement and a Bit More.

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. Headings and section names in the Agreement are for convenience only, do not constitute part of the Agreement, and shall not limit, affect the interpretation of, or otherwise affect in any way the provisions of the Agreement.

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 Agreement shall otherwise remain in full force and effect and enforceable.

The Agreement, 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, unless such assignment is to: (i) a parent, affiliate, or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. 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!