Participation Terms

There is no cost to participate in the Top Workplaces 2014 program, excluding a paper survey fee for companies that require paper surveys.
There is no charge for surveys conducted on-line.
There is a fee of $ 1.75 for each paper survey, to subsidize printing, postage and scanning. costs
A summary of the survey results is made available to the participating company for no charge. You may also choose to purchase more detailed survey results products from WorkplaceDynamics.
We are committed to maintaining the confidentiality of your information.
We have surveyed over 1,700,000 employees via email and have never, and never intend to, release a single email address to another party or use a survey-taker's email address for any purpose other than inviting the individual to take the Top Workplaces Survey.
We maintain the confidentiality of individual survey responders by only reporting numeric results with at least 6 respondents.
We maintain confidentiality for companies not named as a Top Workplace by not disclosing the identity of these companies to partner newspaper or any other third party. Any Benchmark information using participant company survey data will consist of a minimum of 5 companies.
By participating in our Top Workplaces program
You agree to provide answers to a brief registration and company questionnaire on Survey Tracker.
You agree to allow us to survey your employees.
We make sure the whole process is easy and takes little of your and your employees' time.
Full terms:

WorkplaceDynamics - Top Workplaces Participation Terms & Non-Disclosure Agreement

OVERVIEW

Companies that participate in the Top Workplaces program (hereinafter "Program") authorize WorkplaceDynamics to conduct an evaluation of the relationship between the company and its employees. This evaluation is based entirely upon the confidential survey responses of the company's employees. Participation in the Program is purely voluntary and there is no charge to participate, excluding a paper survey fee for companies that require paper surveys.  At the end of the survey period, a company's results are evaluated. High scoring companies will be named as a Top Workplace by WorkplaceDynamics and/or named as a Top Workplace by one or more publishing partners in a print and/or online list.
All companies participating in the Program that achieve the minimum response rate will receive a complimentary summary report of their own employees' confidential survey responses. The resulting List of named Top Workplaces may also be provided for publication and distribution in one or more newspapers, magazines, periodicals, and/or websites. Only the highest scoring participants are included in the List and there is no public disclosure of companies that participated in a survey and are not named a Top Workplace.  
Under no circumstances is any payment or gratuity of any kind accepted in exchange for being named as a Top Workplace. All results are based solely upon the quantitative analysis of the employee survey responses.
This Agreement (hereinafter "Agreement") governs your participation, Your Company's participation and Your Employees' participation in the Program. These rules also cover your use of the Survey Tracker website (which is your main interface with WorkplaceDynamics during the evaluation process), and the WorkplaceDynamics Results Products. Your agreement to be bound by these terms is acknowledged by clicking the "I ACCEPT" link within the Survey Tracker website. The terms contained herein supersede and replace any other agreement or negotiation between you and WorkplaceDynamics, whether oral, written or otherwise, including any statements made by any representative of WorkplaceDynamics at any time. The Terms of Service and Privacy Policy of the WorkplaceDynamics and Top Workplaces websites are incorporated into this agreement and are hereby made a part hereof, except that as to all Company and Employee data submitted as part of the Program this Agreement shall control.
Your company may choose to survey its employees and not be evaluated for designation as a Top Workplace by WorkplaceDynamics or its Publishing Partners. 

1. DEFINITIONS

The following definitions shall apply to each of the corresponding terms as used throughout this document:

Aggregate Survey Data - All Survey Response Data presented back to Your Company will be in aggregate form. All Aggregate Survey Data is completely de-identified.  We combine responses from an individual survey taker with at least 5 other survey takers' responses to ensure that no individual's responses can be identified, ensuring the confidentiality of each survey taker's response.
Collected Information - All data defined as Company Profile Information, Company Contact Information, Survey Response Data, Survey Response Comments and Identified Employee email addresses.
Company Contact information - information provided by Your Company on the 'Provide Contact Info' page of the Survey Tracker website. The information consists of names and contact details of employees at Your Company that we can contact with regards to surveying your Eligible Invitees.
Eligible Invitees - The employees of Your Company to be surveyed in connection with your participation in the Program.
List - The list of companies named as a top Workplace by WorkplaceDynamics or a publishing partner.
Program - Top Workplaces registration, surveying, evaluation, recognition, ranking and publication.
Survey Due Date - date that surveys must be received by WorkplaceDynamics to be incorporated into company survey results.  This date is published in the Survey Tracker application.
Company Profile Information - information provided by Your Company on the 'Register Company' page and the 'Company profile' section of the Survey Tracker website.
Survey Region - The region Eligible Employees are primarily located in to be eligible for a particular program.
Survey Response Comments - free-text comments provided by survey takers in response to Comment Questions on the survey.
Survey Response Data - data collected from Eligible Invitees' survey responses excluding Survey Response Comments. This includes responses to survey statements and demographic questions (whether demographics and/or departments have been pre-selected by Your Company or are selected by survey taker). 
WorkplaceDynamics Results Products - Products consist of PowerPoint, PDF or Word reports and an online results tool offered by WorkplaceDynamics for a fee. The aim of the products is to allow Your Company greater access and insight into Your Company's survey results.
Your Company - The entity that you list in the course of registration for the Program including any and all parent or subsidiary entities that employ or otherwise direct the functions of the Eligible Invitees.
Your Employees - All employees of Your Company.

2.     AUTHORIZATION

You agree that you have the full power and authority to enter into this agreement on behalf of Your Company in order to bind Your Company to the terms of this Agreement to the fullest extent of the law.
 
3.     ELIGIBILITY

To be eligible for listing in any particular publication, your Company must meet the requirements of the particular Program, which are set by individual publishers. Publisher requirements are available on the individual publisher pages on www.topworkplaces.com, and typically relate to company size and location. Your Company must complete and submit all required sections of the Survey Tracker website. Your Company must agree to allow a site visit by WorkplaceDynamics, if requested, to verify the Collected Information.
 
4.     SURVEYS

4.1 You understand and agree that all employee surveys will be conducted either (a) online or (b) via paper survey. A link to the online employee survey will be distributed by WorkplaceDynamics directly to the Eligible Invitees' email addresses. All paper surveys will be sent to a single contact point within Your Company who will distribute the survey to the Eligible Invitees together with postage-paid envelopes for return of the survey to WorkplaceDynamics. You agree and acknowledge that Your Company will not attempt to influence the survey responses and may not collect or review the completed employee surveys.

4.2 You agree that the statements and questions contained in the employee survey are the intellectual property of WorkplaceDynamics and are protected by Copyright Law.  You agree not to use these statements and comment questions in any other internally or externally conducted employee survey. You agree not to make copies of the paper surveys.

4.3 Survey responses from any online or paper surveys received after the Survey Due Date may not be included in the Your Company's survey results or included in the evaluation to be named a Top Workplace, and the decision whether to include tardy data shall be made at the sole discretion of WorkplaceDynamics.
 
5.    DISQUALIFICATION & WITHDRAWAL

Any applicant to the Program may be disqualified immediately and without notice upon a determination by WorkplaceDynamics that any of the following events have occurred:

(a) Providing inaccurate or incomplete Company Contact Information.

(b) Providing inaccurate or incomplete information concerning Your Company.

(c) Providing inaccurate or incomplete information concerning Your Employees, in particular, the number of employees in a region.

(d) Receipt of fewer survey responses from Eligible Invitees than the required number of survey responses. The required number of responses is determined below:
 (i) Responses from a minimum of 30 of Your Company's Eligible Invitees, and;
 (ii) Responses from a minimum of thirty-five percent (35%) of Your Company's Eligible Invitees.

(e) Offering any incentive to employees for providing specific survey responses or for achieving a specific ranking or otherwise attempting to influence survey responses by an improper means.

(f) Engaging in measures to solicit biased, coerced or false responses from employees.

(g) More than 5% of employees agreeing that they have felt pressured to respond positively to the survey. 

(h) Suspicious statistical anomalies in employee survey responses.

(i) Any failure to comply with this Agreement.

(j) Any other reason as may be determined appropriate in the sole discretion of WorkplaceDynamics.

Should a company be disqualified and request an explanation of the basis for disqualification, WorkplaceDynamics will provide a high level summary of the basis for disqualification.  Under no circumstances will this explanation compromise the confidentiality of the survey responses or the proprietary methodologies of WorkplaceDynamics.  

6.    LICENSE & OWNERSHIP

6.1 Survey Response Data and Survey Response Comments: You hereby agree that to protect employee confidentiality, all Survey Response Data and Survey Response Comments together with all data derived there from (including benchmarks) is and at all times shall remain the sole and exclusive property of WorkplaceDynamics with all rights appurtenant thereto.

6.2 Company Profile Information: If Your Company is named as a Top Workplace by WorkplaceDynamics or a publishing partner, you hereby grant to WorkplaceDynamics, a limited non-exclusive license to use Company Profile Information (as provided by Your Company on the Survey Tracker website), including Your Company name, in connection with the Program, on www.workplacedynamics.com and www.topworkplaces.com, and in Top Workplaces and WorkplaceDynamics promotional material for a period of two (2) years. You further agree to indemnify and hold harmless WorkplaceDynamics, its employees and owners against any claim arising out of the use of the name of Your Company. If Your Company is not named as a Top Workplace by WorkplaceDynamics or a publishing partner, WorkplaceDynamics will not use Your Company's name publicly.

6.3 If Your Company is not named as a Top Workplace, your participation in the Program will not be disclosed to any third parties by WorkplaceDynamics, including publishing partners.

7.     INFORMATION USAGE AND COMMUNICATIONS

7.1 Type. WorkplaceDynamics will collect information about Your Company ("Collected Information") in the process of surveying Your Company's Eligible Invitees. You hereby consent and agree that WorkplaceDynamics may collect such information about Your Company and Your Employees.

7.2 Limited Usage and Non-Disclosure. WorkplaceDynamics may use and maintain Collected Information for the limited purposes set forth in this Agreement.

a) Survey Response Data: used to compile the Lists, create Aggregate Survey Data, perform internal analytics, and provide Your Company with a free summary results report and/or purchased WorkplaceDynamics Results Products. Individual employee responses are maintained solely for the purpose of creating the Aggregate Survey Data.

b) Company Contact Information: used to communicate with designated company representatives during the survey process and to communicate the results of the survey and to offer other products and services that are provided by WorkplaceDynamics in relation to the survey results. If Your Company is named as a Top Workplace by a publishing partner, we will also provide Company Contact Information to the publishing partner to aid in their preparation of the List.

c) Survey Response Comments: used in selected WorkplaceDynamics Results Products. If Your Company is named as a Top Workplace, we may publish some positive employee comments on the www.topworkplaces.com website and provide some positive comments to one of more publishing partners. Your Company may request WorkplaceDynamics to remove any or all employee comments about Your Company from the topworkplaces.com website at any time. 

d) Eligible Invitee email addresses: are deemed confidential information and are used solely to facilitate the transmission, completion and return of the WorkplaceDynamics surveys. Email addresses are never sold or otherwise disclosed for any reason to third parties. WorkplaceDynamics agrees to protect the confidentiality of the Eligible Invitee email addresses in the same manner it protects the confidentiality of its own similar confidential information, but in no event using less than a reasonable standard of care.  WorkplaceDynamics will restrict access to the Eligible Invitee email addresses to its employees provided that such are bound to confidentiality obligations substantially similar to the terms as this Agreement.

7.3 Survey Benchmarks: You agree that WorkplaceDynamics may combine Your Company's Aggregate Survey Data with at least 4 other companies' Aggregate Survey Data to create a benchmark.

7.4 Your Company understands that communications to you, including preliminary communications, may be made by email and that if you do not desire to continue to receive email communications from us, you can opt out by contacting us at: optout@workplacedynamics.com.

7.5 Both WorkplaceDynamics and Your Company agree to comply with all relevant Laws, including the CAN-SPAM Act and Regulations concerning the protection of personally identifiable information including email addresses, in providing any contact information to WorkplaceDynamics in connection with the Program. Each party agrees to indemnify and hold the other harmless in the event of any breach of this paragraph. WorkplaceDynamics agrees to comply with all data collection and maintenance policies and practices set forth in its Privacy Policy.
 
8.     WORKPLACEDYNAMICS RESULTS PRODUCTS

8.1 You consent to receive information regarding additional products or services related to the Survey Response Data and Survey Response Comments collected in the Program.  

8.2 If your Company chooses to purchase a WorkplaceDynamics product that includes access to your Aggregate Survey Data on the online results tool, Your Company will be given access to your Aggregate Survey Data for a minimum period of one year.

8.3 Access to the WorkplaceDynamics results tool is limited solely to authorized users within Your Company and may not be shared. Authorized users are hereby granted a limited; non-transferable license to use available information within Your Company. Any other use or publication of such information is strictly prohibited, including benchmark data.

8.4 Sales of any and all additional products and services are final. WorkplaceDynamics is under no obligation to provide any refund or credit for any product access time not used. Your access to the WorkplaceDynamics online results tool including any purchased content may be terminated without notice upon any breach of this Agreement including but not limited to providing access to the Survey Response Data and benchmarks to any third party.

9.     WARRANTIES, LIMITATIONS & WAIVERS

The Program and associated products and services are provided to you on an "as is" basis, and without any warranty of any kind, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose. Both parties specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of the Program or any resulting publication.   Neither party is responsible for the acts of third parties with respect to the rights and responsibilities set forth in this Agreement. The total sole and exclusive remedy available to you as the result of any breach of this Agreement, negligence, or any action or failure to act whether intentional or otherwise shall be the total amount paid by you to WorkplaceDynamics in the 12 month period preceding any allegation of entitlement to such remedy. In no event shall either party be liable to the other party for any indirect, special, exemplary, punitive, incidental or consequential damages, loss of profits or loss of business as the result of any such action or inaction without regard to the likelihood of any such damages. Nothing contained herein shall be construed to prevent the parties from seeking injunctive relief to enforce the terms and conditions of this Agreement.
 
10.     FORCE MAJEURE

Either party to this Agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
 
11.     U.S. EXPORT CONTROLS

Software available in connection with the WorkplaceDynamics services is subject to United States export controls. No Software may be uploaded to or downloaded from WorkplaceDynamics or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any downloaded Software or software component is at your sole risk.
 
12.     SEVERABILITY

In the event that any provision of this Agreement would be held in any jurisdiction to be invalid, prohibited or unenforceable for any reason, such provision, as to such jurisdiction, shall be ineffective, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable in such jurisdiction, it shall, as to such jurisdiction, be so narrowly drawn, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. 
 
13.     ASSIGNMENT

This Agreement and the license granted herein may not be assigned to any other person or legal entity without the express written consent of WorkplaceDynamics.
 
14.     AMENDMENT

This Agreement may be amended by WorkplaceDynamics only upon notice to Your Company contacts and the opportunity to withdraw your participation in the Program.
 
15.     CHOICE OF LAW

This Agreement shall be interpreted under the laws of the State of Delaware without regard to any conflict of laws provisions.
 
16.     NO AGENCY

Notwithstanding any other provision of this agreement, WorkplaceDynamics is not your agent, partner or joint venturer in any respect.
 
17.     THIRD PARTY BENEFICIARY

This Agreement is made solely by and between and for the benefit of the parties hereto. Nothing contained herein is included for the benefit of any third party and shall not be enforceable by any third party to this Agreement.
 
©2013  WorkplaceDynamics, LLP. All Rights Reserved.
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Participation Terms
