Introductory Terms
The following terms and conditions ("Agreement") represent a legal agreement between Top Verdict, Inc., d/b/a TopVerdict.com ("Top Verdict"), and you, an adult individual, and/or organization you represent, who wishes to use Top Verdict's website and potentially obtain a license to use its product(s) or service(s).
To begin using Top Verdict's website, products, or services, you must agree to abide by the entire Agreement.
If you disagree to abide by any or all parts of Agreement, or if you are legally incompetent to enter a contract, you are prohibited from further using Top Verdict's website and from acquiring a license to use its product(s) or service(s).
Top Verdict permits an eligible law firm and/or attorney ("Recognized Party" or "Recognized Parties") recognized by Top Verdict, to mention of its/his/her ("its") recognition ("Recognition") in the ways specified below.
(An) electronic badge(s) and/or physical plaque(s) ("Accolade" or "Accolades") created by Top Verdict and licensed to Recognized Party may be used by the licensee ("Licensee") to publicize its Recognition in the ways specified below.
Recognition
Announcement of Recognition
To be eligible to mention that it has been recognized by Top Verdict, Recognized Party had to have been notified by Top Verdict that Recognized Party has been included to a list of highest case results for the corresponding tier, result type, area of law, geographic region, and year.
Recognized Party must prominently specify the tier, area of law, result type, geographic region, and year of its Recognition.
Purpose of Announcement of Recognition
Recognition shall only be used for the purposes of announcement that Recognized Party has been named to a Top Verdict list and NOT to imply an acknowledgement, endorsement, ranking, or rating by Top Verdict of one or more of the following:
- quality of services offered by Recognized Party;
- professional expertise or skills of Recognized Party;
- superiority of professional expertise or skills of Recognized Party over those not recognized by Top Verdict in the same list or at all;
- ability by Recognized Party to obtain similar or better results in the future.
Top Verdict retains the right to monitor mentions of Recognitions, and if Recognized Party's description of Recognition is inaccurate, misleading, or otherwise inappropriate, Top Verdict will notify Recognized Party, and Recognized Party agrees that it shall immediately remove or modify such materials, in accordance with Top Verdict's request.
Additionally, the use of Accolades is subject to Licensee accurately describing its Recognition. Top Verdict retains the right to monitor the use of Accolades, and if Top Verdict determines, at any time, that Licensee's description of its Recognition is inaccurate, misleading, or otherwise inappropriate, or that Licensee is no longer entitled to use such Accolade, Top Verdict will notify Licensee, and Licensee agrees that it shall immediately remove or modify such materials, in accordance with Top Verdict's request.
Accolades
License to Use of Accolades
All content, inclusive of lists, images of Accolades, and firm logos, used in Top Verdict’s marketing and/or communications materials are an intellectual property of Top Verdict. Any type of use of the content, in whole or in part, without paying a special licensing fee designated by Top Verdict, is strictly prohibited.
Accolades may not be used by any person or entity related or unrelated to Licensee including its parent, subsidiary, affiliate, who has not been expressly licensed to and/or permitted by Top Verdict to use such Accolades.
Permission for use of Accolades begins on the date that Top Verdict delivers such Accolades to Licensee, after Licensee pays the designated licensing fee(s) in full.
Mediums of Use of Accolades
Accolades shall only be used in the form, contents, and colors designated by Top Verdict, without alterations, and shall not be used in a way that would reflect poorly on Top Verdict.
Firm Badges
A recognized law firm may use a Firm badge, purchased from Top Verdict, in the following mediums:
- In sections of the firm’s website(s), blog(s), social media page(s) or account(s), or video sharing channel(s) ("Digital Assets") dedicated to the firm as a whole, and may not use the badge on Digital Assets or sections thereof dedicated to individual attorneys, such as bio pages and social media accounts.
- In the footer of the firm’s email signature block, only if the footer is dedicated to the firm as a whole, and may not use the badge in the email signature blocks of individual attorneys.
- In a press-release, website article, or blog post dedicated to the firm's recognition by Top Verdict.
- In online advertising for the firm: both in ads, commercials, and landing pages.
- In print advertising for the firm.
Attorney Badges
A recognized attorney may use an Attorney badge, purchased fom Top Verdict, on Digital Assets dedicated to the individual attorney, in the following mediums:
- On the attorney's bio page(s), social media account(s), etc.
- In the attorney's email signature block(s).
- In a press-release, website article, or blog post dedicated to the attorney's recognition by Top Verdict.
Exception to Limited Badge Use
In case of a solo practitioner, a Firm badge may be used as an Attorney badge and vice versa. If a Top Verdict badge is used on a publicly accessible website, such badge must be hyperlinked back to the corresponding verdicts/settlements list, if available, on Top Verdict’s website.
Plaques
A Firm or Attorney plaque may be displayed in a work or home office. A photo of the plaque may not be used as or in place of an electronic badge.
Licensee is prohibited from creating copies, reprints, electronic or physical badges or plaques, lapel pins, or other products containing Top Verdict’s lists, badges, plaques, or firm name or logo. Such products can be purchased separately from Top Verdict.
Except as set forth herein, no other use of Accolades may be made without Top Verdict’s prior express approval.
Copyright
Licensee acknowledges that Accolades are trademarked and copyrighted creations belonging to Top Verdict and that all rights accruing from the use of the trademark and/or Accolades shall be to the benefit of Top Verdict.
Licensee grants Top Verdict the right to reproduce and display Licensee's creative materials demonstrating the use of Accolades, and Licensee represents to Top Verdict that it has the right to grant such rights.
Top Verdict, TopVerdict, and TopVerdict.com are trademarks of Top Verdict, Inc. Top Verdict's name, logo, products, and names of the products are protected under the trademark and copyright laws of the United States of America. Any use of same, including in electronic form, must be made only by permission and under the guidelines of Top Verdict.
Indemnification
Licensee shall indemnify, defend and hold Top Verdict, and its parents, subsidiaries, and affiliated and related companies, and the directors, officers, employees, agents and representatives of each of them ("Indemnified Parties") from and against any and all liabilities, obligations, demands, causes of action, claims, judgements, settlements, losses, damages, injuries, costs or expenses ("Losses"), relating either directly or indirectly to, or arising from, Recognized Party breach of Agreement, Recognized Party’s announcement of its Recognition, Licensee’s use of (an) Accolade(s), the purchase and/or use of Recognized Party’s products or services by one or more customers or clients, and/or Recognized Party’s business, activities, products, and operations, including but not limited to programs and services advertised by Recognized Party using Recognition and/or (an) Accolade(s).
Top Verdict shall, at its option, control on behalf of Indemnified Parties the defense or settlement of any third-party claim, or have Licensee control the defense or settlement, using counsel approved in writing by Top Verdict. In either case, Licensee, as the indemnifying party, shall bear all costs and expenses of the defense or settlement (including, without limitation, reasonable attorney’s fees, costs, and expenses) as and when they are incurred. In the event that Licensee shall have control of the defense or settlement of a third-party claim, Indemnified Parties shall have the right to participate in such defense or settlement with counsel of Top Verdict’s choosing. To the extent Licensee controls the defense or settlement of any third-party claim, Licensee shall make no settlement without the written consent of Top Verdict.
No Warranties
TOP VERDICT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE HEREUNDER (INCLUDING WITH REGARD TO ITS ACCOLADES) AND, SPECIFICALLY, MAKE NO WARRANTY OF ADEQUACY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE LIABILITY OF TOP VERDICT OR ITS RESPECTIVE PARENTS, SUBSIDIARIES, AND AFFILIATED AND RELATED COMPANIES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM, FOR ANY ACT, ERROR, OR OMISSION FOR WHICH THEY MAY BE HELD LEGALLY RESPONSIBLE SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE UNDER THIS AGREEMENT. TOP VERDICT SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES HEREUNDER, INCLUDING BUT NOT LIMITED TO THE COSTS OF DESIGNING, PRODUCING AND DISTRIBUTING LICENSEE’S ADVERTISING AND MARKETING MATERIALS.
Closing Terms
Licensee agrees to be bound by the entire Agreement, which shall be governed by and construed in accordance with the substantive laws of the State of New York. Any civil action or proceeding arising out of or related to Agreement shall be brought in the courts of record of the State of New York in Brooklyn, New York, or the U.S. District Court for the Southern District of New York. The Licensee consents to the exclusive jurisdiction of such courts and waives any objection to the laying of venue of any such civil action or proceeding in such courts.
In the event of a breach by Licensee of Agreement, the license becomes void and, upon notice from Top Verdict, Licensee will cease all uses of Accolades.
These guidelines are subject to change without notice. Top Verdict may withdraw or change these guidelines at any time and for any reason.
Updated: 03/01/2024