Participation Terms

There is no cost to participate in the Detroit Free Press Top Workplaces 2010 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 $1.50 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 250,000 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 to Detroit Free Press Top Workplaces 2010 by not disclosing the identity of these companies to Detroit Free Press 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 – Detroit Free Press Top Workplaces 2010 Participation Terms and Conditions OVERVIEW Michigan Companies that participate in the Detroit Free Press Top Workplaces 2010 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. Upon conclusion of the Program, the results are compiled. The highest ranking companies in Michigan are then named by The Detroit Free Press in the Detroit Free Press Top Workplaces 2010 special report. All companies participating in the Program receive a complimentary summary of their own employees’ confidential survey responses. The resulting list 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 listing.  Under no circumstances is any payment or gratuity of any kind accepted in exchange for a listing or any particular ranking within the listing. 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 online results tool. 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 and Conditions of the WorkplaceDynamics website and Privacy Policy 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. DEFINITIONS The following definitions shall apply to each of the corresponding terms as used throughout this document: Application Information – Information submitted by Your Company or Your Employees in connection with the Program. Program – Detroit Free Press Top Workplaces 2010 registration, surveys, evaluation, ranking and publication program. 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 Identified Employees. Identified Employees – The employees of Your Company that you specify in connection with your participation in the Program. Your Employees – All employees of Your Company. Survey Region – Michigan Company Information – your responses to our registration and company questionnaire on the Survey Tracker website Survey Due Date – date that surveys must be received by WorkplaceDynamics to be incorporated into company survey results. This date is published in Survey Tracker. WorkplaceDynamics Results Tools - analytic and data evaluation tools offered by Workplace Dynamics for a fee that allow your Company greater access to the Survey results. The specific functions of these tools are available at the point of purchase. 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 Your Company must have at least 50 employees primarily employed within Michigan. Only the survey responses of employees primarily employed within the Survey Region will count towards Your Company’s results with regard to the program. Your Company must complete and submit all required sections of the Survey Tracker application. Your Company must agree to allow a site visit by WorkplaceDynamics, if requested, to verify the application information. To ensure that there are no conflicts of interest, companies that externally conduct or publish employee surveys are not eligible to participate in this Program. 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 Identified Employees’ email addresses. All paper surveys will be sent to a single contact point within Your Company who will distribute the survey to the Identified Employees 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 information and questions contained in the employee survey are the intellectual property of WorkplaceDynamics and you agree not to make copies of either the electronic or paper surveys, or otherwise use the survey materials in any manner without the express written permission of an officer of WorkplaceDynamics. 4.3 The survey data from any online or paper surveys received after the Survey Due Date may not be incorporated in the company survey results at the sole discretion of WorkplaceDynamics. 5. DISQUALIFICATION & WITHDRAWAL 5.1 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 contact information for the Program. (b) Providing inaccurate or incomplete information concerning Your Company. (c) Providing inaccurate or incomplete information concerning Your Employees. (d) Receipt of a minimum of 30 completed employee survey responses and completed employee survey responses from the lesser of: (i) thirty percent (30%) of Your Company’s Identified Employees or (ii) 120 completed surveys from your Identified Employees. (e) Offering any incentive to employees for providing specific survey responses or for achieving a specific ranking. (f) Engaging measures to solicit biased, coerced or false responses from employees (g) Any failure to comply with this Agreement. (h) Any other reason as may be determined appropriate in the sole discretion of WorkplaceDynamics. 6. LICENSE & OWNERSHIP 6.1 Program Data. You hereby agree that all Company Information provided in connection with the Program and all survey response information together with all data derived there from is and at all times shall remain the sole and exclusive property of WorkplaceDynamics with all rights appurtenant thereto. 6.2 Your Company Name. If Your Company is selected for the Program list, you hereby grant to WorkplaceDynamics, on behalf of your company, a non-exclusive, worldwide, royalty-free license to use the name of Your Company in connection with the Program list and participation in the Program. If your Company is not selected, we will not use your Company’s name publicly. 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. 6.3 If Your Company is not selected for the Program list, your participation in the Program will not be disclosed to any third parties by WorkplaceDynamics. 7. INFORMATION USAGE AND COMMUNICATIONS 7.1 Type. WorkplaceDynamics collects various types of information (“Collected Information”) to conduct its survey so that it can assure the most accurate results possible. You hereby consent and agree that WorkplaceDynamics may collect such information from the Company and its employees. 7.2 Limited Usage (a) WorkplaceDynamics may use and maintain Collected Information for the limited purposes set forth in this Agreement, including compiling results of the surveys (which may be published as stated above), performing internal analytics, and for its own internal use in providing the  Survey Tracker, results tool and other products to you or Your Company. Further, WorkplaceDynamics may use Collected Information to facilitate the transmission, completion and return of the WorkplaceDynamics surveys and to contact a designated company representative concerning the results of the survey or any other products and services that may be offered by WorkplaceDynamics in relation to the survey results or the aggregate survey results of third parties. (b) Collected Information as to individual employee responses is maintained solely for the purpose of creating the aggregate information. Employee email addresses are used to facilitate the transmission, completion and return of the WorkplaceDynamics survey. Individual employee results and email addresses are never sold or otherwise disclosed for any reason to third parties. 7.3 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 available on the TopWorkplaces.com website. 7.4 Your Company’s aggregate survey data may be made available to Your Company through WorkplaceDynamics’ online results tool. You specifically consent to receive information regarding additional products or services related to the data collected in the Program for purposes of further understanding, detailed analysis, and/or utilizing and evaluating the survey data. You further agree that WorkplaceDynamics may use Your Company’s aggregate survey data for publication to third parties but only after combining aggregate survey data (“Aggregate Data”) with the data of at least 4 other companies. Aggregate Data provided to third parties is provided in the form of average aggregate data across multiple companies. WorkplaceDynamics does not explicitly disclose which companies data has been aggregated as this benchmark. 7.5 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: top@workplacedynamics.com. 8. RESULTS & PRODUCT VIEWING TOOL 8.1 If your Company chooses to purchase access to one or more of the WorkplaceDynamics Results Tools, your Company will be given access to the confidential results and other analytics as described in the various tools for a period of one year. 8.2 Access to the WorkplaceDynamics results tool is limited solely to authorized users within the participating organization and may not be shared. All Information contained within the WorkplaceDynamics results tool including but not limited to the aggregate data from Your Company is and shall remain the property of WorkplaceDynamics. 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. 8.3 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 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 information 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 other 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 BENIFICIARY 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. © 2010 WorkplaceDynamics, LLC. All Rights Reserved.