Terms Of Service
Last Updated: December 27th, 2024
Welcome to ConsultAwards.com, (“Consult Awards”, “we”, “us”, or “our”). These Terms of Service (the “Terms”) govern your access to and use of the Site and the services, features, content, applications, or products offered by Consult Awards (the “Services”). By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site or Services.
Ownership
Consult Awards, ConsultAwards.com, and all related entities, including but not limited to trademarks, logos, and copyrighted material, are the property of Consult Awards LLC. Any unauthorized use of these entities is strictly prohibited and may be subject to legal action.
Changes to the Terms
Consult Awards reserves the right to update and change these Terms from time to time without prior notice. You are responsible for reviewing these Terms periodically. Your continued use of the Site or Services after any changes to the Terms constitutes your acceptance of those changes.
Anti-SLAPP and Frivolous Lawsuit Clause
Consult Awards is committed to protecting the rights of its honorees and users to engage in lawful and protected speech. Any party that brings a Strategic Lawsuit Against Public Participation (SLAPP) or frivolous lawsuit against Consult Awards or its honorees, employees, or agents will be liable for attorney’s fees, court costs, and damages, including potential trebling of damages as permitted under applicable Texas law.
We reserve the right to countersue for abuse of process or seek dismissal of any frivolous or vexatious legal action. Legal disputes will be handled under the jurisdiction and laws of the State of Texas.
Use of the Site and Services
The Site and Services are intended for use by consultants and professionals to enhance their profiles and grow their practices. By using the Site, you agree to comply with all applicable laws and regulations. While Consult Awards strives to provide reliable services and resources, availability may vary, and services may change without prior notice. Consult Awards is not liable for any unavailability or changes to services.
Violation of Terms
Users violating these Terms will be liable for damages incurred by Consult Awards, including attorney’s fees and enforcement costs. Damages include, but are not limited to, infringement of intellectual property rights or failure to comply with these Terms. Users agree to indemnify and hold Consult Awards harmless from claims arising from such violations.
Honoree Benefits
Honorees gain access to resources, lead generation services, and networking opportunities. While we strive to ensure relevance and quality, availability and content may change without notice. Consult Awards is not responsible for third-party services or products provided as part of honoree benefits.
Lead Generation
Consult Awards provides lead generation services through various means, including online advertising and referral networks. Leads are offered “as-is,” and Consult Awards does not guarantee specific results. Honorees are responsible for evaluating and pursuing leads at their discretion.
User Content
Users submitting content (e.g., photos, biographies, or articles) grant Consult Awards a non-exclusive, worldwide, royalty-free license to use the content for Services-related purposes. Content that violates laws, infringes on intellectual property, or fails to meet professional standards may be removed. Users are responsible for ensuring their content is accurate and lawful.
Intellectual Property
All Site content, including text, graphics, logos, and software, is owned by Consult Awards or its licensors. Honorees may use Consult Awards logos and badges solely for promoting their awards, subject to compliance with Consult Awards guidelines and applicable laws. Unauthorized use is prohibited and subject to legal action.
Disclaimer of Warranties
Consult Awards provides Services “as-is” and makes no guarantees regarding uninterrupted or error-free operation. While we strive for accuracy, we are not liable for errors, omissions, or outdated information. Use of the Site and Services is at your own risk.
Limitation of Liability
Consult Awards is not liable for any damages arising from the use of the Site or Services, including direct, indirect, incidental, punitive, or consequential damages, except in cases of gross negligence or intentional misconduct. This limitation applies to all claims, including unauthorized access, data loss, and errors.
Indemnification
You agree to indemnify and hold Consult Awards harmless from claims, damages, and expenses, including attorney’s fees, arising from your use of the Site or Services, violation of these Terms, or infringement of third-party rights.
Governing Law
These Terms and all disputes arising from your use of the Site and Services are governed by the laws of the State of Texas, without regard to conflicts of law principles.
Dispute Resolution
Disputes will be resolved through binding arbitration under the rules of the American Arbitration Association, conducted in Austin, Texas. Arbitration proceedings, evidence, and awards will remain confidential. You waive the right to participate in class actions or jury trials.
The prevailing party in arbitration is entitled to recover attorneys’ fees and costs. Claims must be brought within one year of the dispute’s occurrence.
Copyright Infringement
To report copyright infringement, please provide:
- Description of the copyrighted work.
- Description of the infringing material’s location.
- Contact information.
- Statement of good faith belief that the use is unauthorized.
- Statement under penalty of perjury that the notice is accurate.
Consult Awards will remove infringing content if a valid claim is received. Counter-notices must consent to Texas jurisdiction.
Intellectual Property, Trademarks, & Copyrights:
The Site and Services may contain content that is protected by copyright and other intellectual property laws. TopCoachAwards.com respects the intellectual property rights of others and expects users of the Site and Services to do the same.
If you believe that your copyright-protected work has been copied in a way that constitutes copyright infringement and is accessible on the Site or Services, you may notify Top Coach Awards by providing the following information:
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located on the Site or Services.
- Your contact information, including your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Top Coach Awards will remove any infringing content if it determines, in its sole discretion, that such content infringes on the intellectual property rights of others. If Top Coach Awards removes content that you have posted due to a copyright infringement claim, you may contest the removal by providing the following information:
- A statement that you have a good faith belief that the content was removed as a result of mistake or misidentification.
- Your contact information, including your address, telephone number, and email address.
- A statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and that you will accept service of process from the person who provided the original copyright infringement notification or an agent of such person.
- Your physical or electronic signature.
Top Coach Awards may terminate the accounts of users who repeatedly infringe the intellectual property rights of others. Top Coach Awards reserves the right to modify, terminate, or disable access to the Site or Services at any time without notice.