Introduction: Welcome to TopCoachAwards.com (the “Site”), a website owned and operated by Top Coach Awards Corp (“Top Coach 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 Top Coach 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: Top Coach Awards, and all related entities, including but not limited to trademarks, logos, and copyrighted material, are the property of Top Coach Awards Corp. Any unauthorized use of these entities is strictly prohibited and may be subject to legal action.

Changes to the Terms: Top Coach Awards reserves the right to update and change these Terms from time to time without notice. You are responsible for reviewing these Terms periodically. Your continued use of the Site or Services after any changes to the Terms will constitute your acceptance of those changes.

Anti-SLAPP and Frivolous Lawsuit Clause: Top Coach Awards is committed to protecting the rights of its honorees and users to engage in protected speech and lawful activities. Any party that brings a Strategic Lawsuit Against Public Participation (SLAPP) or frivolous, vexatious, or irrelevant lawsuit against Top Coach Awards or its honorees, employees, or agents will be met with a countersuit for abuse of process and will be liable for any and all damages, including trebling of damages as per the relevant state laws.

Additionally, any party that brings a frivolous or vexatious lawsuit against Top Coach Awards or its honorees, employees, or agents will be liable for Top Coach Awards’ attorney’s fees and court costs, and any loss party is required to pay attorney’s fees and court costs of the prevailing party.

Top Coach Awards reserves the right to seek a court order to dismiss or stay any action that is found to be frivolous, vexatious, or an abuse of process, and to recover attorney’s fees, court costs, and other expenses incurred in seeking the order. Any such legal action will be taken to protect the rights of Top Coach Awards and its honorees, employees, and agents and to deter frivolous or vexatious lawsuits.

Use of the Site and Services: The Site and Services are intended for use by success professionals for the purpose of growing their practices and enhancing their professional profiles. As an honoree, you have access to a wide range of coaching services and resources, including but not limited to lead generation, marketing, and professional development support. You may use the Site and Services for these purposes and any other professional purposes related to your practice, as long as you comply with these Terms of Service and any applicable laws. Please note that while we make every effort to provide you with the best support and resources for growing your practice, some services may not always be available and may change without prior notice. In such cases, Top Coach Awards cannot guarantee the availability of any specific service or resource and will not be held liable for any unavailability or changes.

Violation of Terms of Service: If a user of the Site or Services violates these Terms of Service, they will be liable for any and all damages, including reasonable attorney’s fees, that Top Coach Awards incurs in enforcing the Terms of Service. This includes, but is not limited to, any damages resulting from the violation of the intellectual property rights of Top Coach Awards or any other third party. Any such damages will be determined in accordance with the laws of the State of Texas, and users agree to indemnify and hold Top Coach Awards harmless from and against any such claims, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with their violation of these Terms of Service.

Honoree: By accepting an award and becoming an honoree of Top Coach Awards, you will have access to a wide range of coaching services and resources, as well as lead generation services to help professionals grow their practices. The specific services and resources available to honorees may change from time to time and may include, but are not limited to, lead generation, marketing, professional development support, online coaching resources, discounts on coaching services, and exclusive networking opportunities. We will make reasonable efforts to ensure that the services and resources offered to honorees are relevant, of high quality, and in compliance with these terms of service. However, we do not guarantee that all services and resources will be available at all times, and we reserve the right to modify, suspend, or discontinue any services or resources at any time, with or without notice.

Lead Generation: Top Coach Awards provides lead generation services to our honorees, including access to a wide range of coaching services and resources. These leads are generated through various means, including, but not limited to, online advertising, search engine optimization, and referral networks. We work closely with our honorees to ensure that the leads we provide are relevant and of high quality. Please note that while we make every effort to provide relevant and high-quality leads, we do not guarantee the success or outcome of any business or professional opportunities that may arise from these leads. It is the responsibility of the honoree to independently verify and assess the suitability of any leads provided by Top Coach Awards. Please note that the lead generation services offered by Top Coach Awards may not always be available, and the nature and availability of these services may change without prior notice. We will make every effort to provide advanced notice of any changes to these services, but cannot guarantee their availability at all times.

Honoree Benefits: Top Coach Awards offers a wide range of benefits to our honorees through partnerships, affiliates, and referrals. These benefits include, but are not limited to, access to our online coaching resources, discounts on coaching services, and exclusive networking opportunities. Please note that some of these benefits may be provided by third parties and may be subject to change without prior notice. Top Coach Awards makes every effort to provide relevant and high-quality benefits to our honorees, but cannot guarantee the availability or quality of any particular benefit or referral. You are responsible for independently evaluating the suitability of any benefit or referral provided by Top Coach Awards or any third party.

Partner Referrals: Top Coach Awards may also offer referral services to our honorees. These referrals may be for coaching services or for other professionals or businesses that can help our honorees grow their practices. We take care to ensure that any referrals we make are relevant and of high quality. However, please note that these referral services are provided on an as-is basis and we do not guarantee any specific outcomes or results from these referrals. Additionally, please note that any services or products provided by our partners or affiliates are subject to their own terms and conditions and Top Coach Awards is not responsible for any issues or disputes that may arise from the use of these services or products.

User Content: As an honoree of Top Coach Awards, you may be required to submit various types of content to the Site or through the Services, including but not limited to photos, logos, biographies, self-stated claims about your coaching practice, submitted articles or blog posts, answers to public questions, and other related information relevant to your practice. By submitting any User Content to the Site or through the Services, you represent and warrant that such content is accurate, not defamatory, and does not infringe on any intellectual property rights or any other rights of any third party. You also agree to indemnify Top Coach Awards and its affiliates and partners from any claims, damages, or expenses arising from any User Content that you submit.

Top Coach Awards reserves the right to remove any User Content that violates these Terms, is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise harmful to third parties. Additionally, Top Coach Awards may also remove any User Content that is deemed to be inaccurate, misleading, or in violation of any professional or ethical standards. Furthermore, Top Coach Awards reserves the right to remove any content that is submitted by a user who has been banned or suspended for any reason.

Intellectual Property: The Site and Services, as well as any content, software, and other materials included on or available through the Site or Services, including text, graphics, logos, images, and software, are the property of Top Coach Awards or its licensors and are protected by copyright and other intellectual property laws. Top Coach Awards grants honorees a limited, non-transferable, non-sublicensable, and revocable license to use Top Coach Awards’ logos and badges solely for the purpose of promoting their Top Coach Awards on their own website or marketing materials. Any use of Top Coach Awards’ logos and badges must comply with Top Coach Awards’ guidelines and any applicable laws.

Any user-generated content submitted to the Site or Services, including but not limited to photos, logos, biographies, self-stated claims about a coach or their coaching practice, submitted articles/blog posts, answers to public questions, and other related information, remains the property of the user, but by submitting this content, you grant Top Coach Awards a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform such content in connection with the Site and Services. Any use of honoree benefits, coaching referrals, partners, or other third parties’ intellectual property will be done in compliance with applicable laws and any agreements or licenses in place. Top Coach Awards will not be liable for any infringement of intellectual property rights arising from the use of user-generated content or third-party intellectual property.

Disclaimer Of Warranties: Top Coach Awards makes every effort to provide high-quality services and resources to our honorees, but we cannot guarantee that the Site or Services will be uninterrupted or error-free. While we strive to provide accurate and up-to-date information, we make no representations or warranties that the information provided through the Site or Services will be completely accurate, complete, or current. Top Coach Awards is not responsible for any errors or omissions in the information provided through the Site or Services. Additionally, we make no representations or warranties that the Site or Services will be free from viruses or other harmful components.

Please note that some services, such as lead generation and honoree benefits, may not always be available and may change without prior notice. However, we will make every effort to provide you with the best support and resources for growing your practice.

By using the Site or Services, you understand and agree that your use of the Site or Services is at your own risk. In no event shall Top Coach Awards be liable for any damages whatsoever, including but not limited to any direct, indirect, special, incidental, consequential, or punitive damages, arising out of or in connection with your use of the Site or Services. Top Coach Awards shall not be liable for any damages resulting from the loss of use, data, or profits, or from any unauthorized access to or alteration of your transmissions or data.

Limitation of Liability: Top Coach Awards will not be liable for any damages of any kind arising from the use of the Site or Services, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless such damages are the result of our gross negligence or intentional misconduct. Top Coach Awards will not be liable for any damages resulting from the loss of use, data, or profits, or from any unauthorized access to or alteration of your transmissions or data, unless such damages are the result of our gross negligence or intentional misconduct. Additionally, we make no representations or warranties about the accuracy, completeness, or suitability of the information provided on the Site or through the Services. We will not be liable for any errors or omissions in the information provided on the Site or through the Services, and we will not be liable for any interruptions or errors in the Site or Services. Your use of the Site and Services is at your own risk, and you agree to indemnify and hold Top Coach Awards harmless from and against any claims, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Site or Services.

Indemnification: You agree to indemnify and hold Top Coach Awards and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, or your violation of any rights of another. This includes any third-party claims arising out of or related to any user-generated content submitted by you or any use of honoree benefits, coaching referrals, partners, or other third-party intellectual property. You will also be liable for any damages caused by your intentional or negligent actions, or by your failure to comply with any applicable laws or regulations. You understand and agree that Top Coach Awards cannot and does not guarantee the accuracy, completeness, or timeliness of any information provided through the Site or Services, and we will not be liable for any errors or omissions in the information provided.

Governing Law: These Terms, your use of the Site and Services, and any disputes that may arise between you and Top Coach Awards will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. However, please note that any disputes arising from these terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, and any arbitration award may be confirmed in a court of competent jurisdiction. Additionally, you agree that any and all disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts located in the State of Texas. By using this site and services, you consent to the jurisdiction of such courts and waive any objections to such jurisdiction.

Dispute Resolution: Any dispute arising out of or relating to these Terms or the Site or Services will be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Austin, Texas. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You understand and agree that by accepting these terms, you and Top Coach Awards are each waiving the right to a trial by jury or to participate in a class action. However, Top Coach Awards will not be responsible for any arbitration fees, including but not limited to, attorney’s fees and other expenses, incurred by you in connection with the arbitration. Moreover, Top Coach Awards will provide reasonable accommodations for any party who may be disabled and/or unable to participate in the arbitration, as required by law. Additionally, Top Coach Awards retains the right to seek injunctive or other equitable relief in the event that any dispute cannot be resolved through arbitration.

The prevailing party in any arbitration will be entitled to recover their attorneys’ fees and costs incurred in connection with the arbitration. Any disputes arising out of or relating to these Terms or the Site or Services must be brought within one year of the date of the dispute, and any claims brought outside this time frame will be barred. The arbitration proceedings, including any evidence and awards, will be kept confidential and may not be disclosed to any third party without the written consent of both parties.