General Publicizing Guidelines
RegoMark LLC, d.b.a. CourtVictories.com ("Court Victories"), recognizes attorneys at law ("Recognized Party" or "Recognized Parties", respectively) who have achieved notable trial verdicts, arbitration awards, settlements, or court decisions, on Court Victories' online properties, including its website, and through its electronic badges ("Badge" or "Badges", respectively), issued to certain recognized attorneys ("Member" or "Members", respectively).
Court Victories permits a Recognized Party to mention its recognition as specified below:
- To be eligible to mention that it has been recognized by Court Victories, a Recognized Party must be notified (by email or regular mail) by Court Victories’ of such recognition and/or must appear in Court Victories’ legal directory, under a corresponding category.
- A Recognized Party must prominently, completely, and correctly specify the details of its Court Victories recognition.
- A Court Victories recognition shall only be acknowledged and used as the historical fact of the Recognized Party’s achievement and not as an endorsement of any products or services provided by the Recognized Party.
- Court Victories has the right to monitor mentions of the Court Victories’ recognition, and, if a Recognized Party's description of its recognition by Court Victories is inaccurate or otherwise unacceptable, Court Victories will notify the Recognized Party, and the Recognized Party agrees that it shall immediately remove or change such materials, in accordance with Court Victories' request.
- Under no circumstances may any entity use Court Victories’ name, logos, or Badges, without the express written permission of Court Victories.
These guidelines are subject to change without notice. Court Victories may withdraw or change these guidelines at any time and for any reason.
Publicizing Guidelines for a Court Victories Badge
Court Victories may license one or more Badges to a Recognized Party if and when the Recognized Party applies to become (and is accepted as) a member of one or more of Court Victories' Clubs and pays the licensing fees in full and in time, as designated by Court Victories.
A Badge can be used by the Member, only as permitted under the following guidelines:
The Badge shall only be used by the Member, and may not be used by any parent, subsidiary, related or affiliated entity.
The Member may use it as follows:
- On its website.
- In the footer of e-mail messages originating from the Member.
- In print or online marketing presentations.
- In marketing brochures.
- In print and online advertising.
In no event, will Court Victories permit an advertisement to suggest that a recognition by or club membership with Court Victories guarantees a desired result in a legal case or that a Member is necessarily more skilled than lawyers who are not recognized by or are not club members with Court Victories. A Badge shall only be acknowledged and used as the historical fact of the Member’s achievement and not as an endorsement of any products or services provided by the Member.
This Agreement does not authorize a Member to create reprints, e-prints, plaques, lapel pins or other products containing the Court Victories brand. Such products may be purchased separately from Court Victories.
If a Member uses a Badge on his/her website, the Badge must be linked back to the Member’s directory page at Court Victories website.
The use of a Badge is subject to the Member correctly and completely describing its recognition by Court Victories. Court Victories has the right to monitor use of its Badges, and if Court Victories determines at any time and in its sole discretion that a Member's description of its recognition by Court Victories is or becomes inaccurate, misleading, or otherwise inappropriate for any reason, or that the Member is no longer entitled to use such a Badge, Court Victories will notify the Member, and the Member agrees that it shall immediately remove or change such materials, in accordance with Court Victories' request.
A Badge shall only be used in the form and colors designed by Court Victories, without modifications or alterations. A Badge shall not be used in a way that would reflect poorly on Court Victories.
Permission for use of a Badge begins on the date that the Member pays the designated licensing fees in full.
A Member acknowledges that Badges are trademarked and copyrighted creations belonging to Court Victories and that all rights accruing from its use shall be to the benefit of Court Victories.
Court Victories reserves the right to reproduce and display a Member's creative to demonstrate the use of the Badge.
A Member shall indemnify, defend and hold Court Victories, and its parents, subsidiaries, and affiliated and related companies, and the directors, officers, employees, agents and representatives of each of them (the "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, the Member’s breach of this Agreement, the Member’s use of the Badge(s), the purchase and/or use of the Member’s products or services by one or more consumers or clients, and/or the Member’s business, activities, products, and operations, including but not limited to programs and services advertised by the Member using the Badge(s). Court Victories shall, at their option, control on behalf of the Indemnified Parties the defense or settlement of any third party claim, or have the Member control the defense or settlement, using counsel approved in writing by Court Victories. In either case, the Member, 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 the Member shall have control of the defense or settlement of a third party claim, the Indemnified Parties shall have the right to participate in such defense or settlement with counsel of Court Victories’ choosing. To the extent the Member controls the defense or settlement of any third party claim, the Member shall make no settlement without the written consent of Court Victories.
COURT VICTORIES MAKES NO WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE HEREUNDER (INCLUDING WITH REGARD TO THE BADGE(S)) AND, SPECIFICALLY, MAKE NO WARRANTY OF ADEQUACY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE LIABILITY OF COURT VICTORIES 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 THE LICENSEE UNDER THIS AGREEMENT. COURT VICTORIES SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES HEREUNDER, INCLUDING BUT NOT LIMITED TO THE COSTS OF DESIGNING, PRODUCING AND DISTRIBUTING THE LICENSEE’S ADVERTISING AND MARKETING MATERIALS.
A Member agrees to be bound by the terms of this contract. This contract 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 this contract 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 Member 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.
This Agreement contains the final and entire agreement of the parties and may not be modified without a writing executed by both parties.
In the event of a breach by a Member of this Agreement, the license is void and, upon notice from Court Victories, the Member will cease all uses of the Badge(s).
Except as set forth herein, no other use of the Badge(s) may be made without Court Victories’ prior express approval.
Court Victories, CourtVictories, CourtVictories.com, Million-Dollar-Plus Verdicts & Settlements Club, Multimillion-Dollar Verdicts & Settlements Club, Billion-Dollar-Plus Verdicts & Settlements Club, and Multibillion-Dollar Verdicts & Settlements Club are trademarks of RegoMark LLC. Court Victories’ name, logo, products, product names and graphic representation 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 RegoMark LLC.