Improving organisations the world over. One manager at a time.

Terms of Use

RateYourBoss Inc. (collectively, “we,” “us” or “RateYourBoss”) provides you access to the RateYourBoss services (“Services”) including its applications and web sites, available at the entry-point URL https://www.RateYourBoss.co, and to the information, services and other materials available on and through the web site, subject to the terms and conditions described in this document (these “Terms of Use”) and any other guidelines, rules or licenses posted in connection with the Online Survey. RateYourBoss offers specially designed and produced online assessments that comprise what RateYourBoss refers to as the Leadership Effectiveness Survey.

Your Acceptance of These Terms

By accessing and/or using the Services, you agree to be bound by these Terms of Use, whether you are: a “Visitor,” meaning you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being registered, or a “Registered Manager,” meaning that you have registered with RateYourBoss for a User ID and User Password (defined below), and have enrolled in and paid for access to services, content, and/or certification provided by RateYourBoss.

The term “User” refers to a Visitor or Registered Manager.

You are authorised to use the web site only if you agree to abide by all applicable laws, rules and regulations and these Terms of Use and the related Privacy Policy.

By using the services, or by indicating your assent to this agreement by registering a user account (as defined herein) with RateYourBoss, you are agreeing to the terms of this agreement. Without limiting the previous terms, if you are a visitor, by using the services, in addition to all of the terms and conditions of this agreement, you are consenting to be bound by the terms set forth in the section entitled “Visitor Communications.” If you do not agree to all of the terms and conditions of this agreement, including the terms set forth in the section entitled “Visitor Communications,” do not access or use the service.

Additionally, without limitation to any of the previous terms, if you are a registered user with RateYourBoss, you are consenting to be bound by all of the terms and conditions of this agreement including the terms set forth in the section entitled “Visitor and Registered Manager Communications.” If you do not agree to all of the terms and conditions of this agreement, including the terms set forth in the section entitled “Visitor and Registered Manager Communications.” do not register your user account. If you do not register your user account, you will not be able to access or use certain parts of the service that may require a user account.

Without limitation to any of the previous terms, if you do not agree to any other provisions of these terms of use or any section thereof, then you may not access or use the services. RateYourBoss’s acceptance is expressly conditioned upon your assent to all of the terms and conditions of these terms of use, to the exclusion of all other terms.

We reserve the right to change or modify these Terms of Use at our sole discretion at any time. We will notify you of any material changes to the terms and conditions of this Agreement or to any service or other feature of the Services and you must accept such changes in order to continue your use and access thereof. If you do not accept such changes your use and/or access to the Services will be terminated. Any change or modification to these Terms of Use will be effective immediately upon posting by RateYourBoss on a Class Site.

Communications

If you are a registered user, you expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may include, without limitation, e-mail, and in-website chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. Consistent with US federal CAN-SPAM laws and Australian SPAM Act 2003, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. We may still send you administrative and transactional Notices, however, such as, but not limited to, information about your User Account, confirmation of your registration for Online Survey, information related to your method of payment, transactional receipts, advice, information about your progress or other services that may be necessary to provide you with Online Survey services.

RateYourBoss’s Intellectual Property Rights

The Services are owned and operated by RateYourBoss and its licensors. RateYourBoss reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that RateYourBoss shall not be liable to you or to any third party for any modifications, suspensions or discontinuance of the Services, or any portion thereof. Nothing in these Terms of Use shall be construed to obligate RateYourBoss to maintain and support the Services or any part or portion thereof, during the term of these Terms of Use.

All content or other material available on the Site or through the Online Survey, including but not limited to on-line material, videos, presentation materials and other images, text, layouts, arrangements, displays, illustrations, documents, audio and video clips and files (collectively, the “Content”), are the property of RateYourBoss and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under Australian and foreign law.

Except as otherwise expressly permitted in these Terms of Use, you may not copy, sell, re-sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Services or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services.

Employer Policy

Employer or HR groups using this site agree to the following:

  1. Employers agree to respect privacy of Registered Managers; and acknowledge that RateYourBoss does not disclose manager-related information to Employers, HR Departments, third parties or the public.    
  2. Employers agree to not scrape or crawl our RateYourBoss Survey platform.    
  3. Employers agree to the RateYourBoss site Terms of Service and Privacy Policy in addition to the above items.

Use of Provided Communication Methods and Related Services

The Site may provide you with the ability to post messages to User forums, enter chat rooms or send similar messages and communications to third party service providers, other Users and/or RateYourBoss. You agree to use communication methods available on the Online Survey only to send communications and materials related to the subject matter for which RateYourBoss provided the communication method, and you further agree that all such communications by you shall be subject to and governed by these Terms of Use. By using any of the communications methods available on the Online Survey, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by RateYourBoss in any manner (unless expressly stated otherwise by RateYourBoss) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by RateYourBoss in any manner, though RateYourBoss reserves the right to do so at any time at its sole discretion in accordance with these Terms of Use. Additionally, through such communication methods, RateYourBoss may make certain types of services available to you. For instance, RateYourBoss may make available to you, as part of your participation in an Online Survey, chat room services that allow you to communicate with RateYourBoss staff members so that you may ask questions about the materials in the Online Survey or about your general experiences on the Site. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “Content” under these Terms of Use and is provided for development purposes only.

Payment Terms

To purchase any services or products offered by RateYourBoss through the Site, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to RateYourBoss's third-party payment provider Stripe storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the RateYourBoss Site as they become due, whether on a one-time or subscription basis.

Services Availability and Limitations

You acknowledge and agree that RateYourBoss’s services, including paid services and products, are not available at all times, and that certain usage limits may apply. You also understand that RateYourBoss, at its sole discretion, may limit, suspend, or terminate your use of all RateYourBoss-provided services related to RateYourBoss’s programs, such as access to RateYourBoss Coaches, evaluation services, or certifications. You also understand that RateYourBoss may modify or discontinue all services related to its programs at its sole discretion.

Disclaimer of Warranties

You expressly acknowledge and agree that your use of the Site, the Online Survey and all Content and services available on the Site is at your sole risk and responsibility. The Online Survey (including any content) are provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and the entire risk for your use of the Online Survey and Content.

Without limiting the previous terms, we do not warrant that (a) the Site, Content, or the Online Survey will meet your requirements or expectations or achieve the intended purposes, (b) the Site or the Online Survey will not experience outages or otherwise be uninterrupted, timely, secure or error-free, (c) the information or content obtained through the Site or the Online Survey, such as chat room services, will be accurate, complete, current, error- free, completely secure or reliable, or (d) that defects in or on the Site or Content will be corrected. You assume all risk of personal injury, including death and damage to personal property, sustained from use of the Online Survey and Content.

Limitation of Liability

Under no circumstances shall RateYourBoss be liable to the user or any third party with respect to any subject matter of these terms of use (including any breach of security or data loss) under any contract, negligence, strict liability or other theory for any indirect, incidental or consequential damages or lost profits, loss or inaccuracy of data or documents or cost of procurement of substitute goods, services or technology, even if advised of the possibility of such damages or whether any remedy set forth herein fails of its essential purpose or otherwise. RateYourBoss’s total cumulative liability arising out of or related to these terms of use will not exceed the greater of twenty U.S. Dollars ($20) or the amount of fees received by RateYourBoss from the complaining user for the use of the Site or Online Survey; the existence of multiple claims shall not expand or increase the previous limitation. The parties acknowledge that this clause reflects the agreed upon allocation of risk between the parties and that RateYourBoss would not enter into these terms of use or make the Online Survey available to user without these limitations on liability. This limitation of liability will apply notwithstanding the failure of essential purpose of any limited remedy set forth herein.

Linking to Other Sites

The Site may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. RateYourBoss does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Site at any time for any reason or for no reason.

RateYourBoss will not be liable for any transactions conducted by you with third parties through the linked sites or for any liability arising from the representations or information provided on such linked sites.

We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

Indemnity

You agree to indemnify, defend and hold harmless RateYourBoss, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site or Online Survey in violation of these Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided on the Site or through the Online Survey in a manner inconsistent with these Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on the Site or through the Online Survey, including without limitation any claim of infringement of intellectual property or other proprietary rights.

Termination of Rights

You agree that RateYourBoss, in its sole discretion, may deactivate your account or otherwise terminate your use of the Site or Online Survey for any reason or no reason, including, without limitation, if RateYourBoss believes that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorised Content to the Site; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use or any applicable code of conduct. You agree that any deactivation or termination of your access to the Site or Online Survey may be effected without prior notice to you and that RateYourBoss shall not be liable to you nor any third party for any termination of your account or the Online Survey. You also acknowledge that RateYourBoss may retain and store your information on RateYourBoss’s systems notwithstanding any termination of your account or the Online Survey.

Miscellaneous Provisions

You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use. In any case, you affirm that you are over the age of 13 as the Online Survey are not intended for children under 13. If you under 13 years of age, do not use the Site or Online Survey.

RateYourBoss may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of RateYourBoss.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Western Australia, as it is applied to agreements entered into and to be performed entirely within Western Australia and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by RateYourBoss, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Site or Online Survey, shall be subject only to the jurisdiction of the courts located in Perth, Western Australia. RateYourBoss makes no representations that the Site operates (or is legally permitted to operate) in all geographic areas, or that the Site, or information, services or products offered through the Site are appropriate or available for use in other locations. Accessing the Site from territories where the Site, or any content or functionality of the Site or portions thereof, including but not limited to functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access the Site, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. RateYourBoss shall have no liability under these Terms of Use to the extent arising from any failure of RateYourBoss to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labour disputes or any other event not within RateYourBoss’s reasonable control. RateYourBoss shall not be responsible for damage or other problems caused by any unauthorised change to these Terms of Use made by way of hacking or cracking this page.

Any delay or failure on the part of RateYourBoss to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

These Terms of Use constitute the entire agreement between you and RateYourBoss relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Site by RateYourBoss or through a specific writing between you and RateYourBoss.

Any notice which may be required to be given to us under these Terms of Use may be sent to us by writing or emailing to the following addresses:

RateYourBoss, Inc., support@RateYourBoss.co

The section titles herein are displayed for convenience only and have no legal effect.