Agreement and eligibility
These Terms of Service (the “Terms”) are an agreement between you and the operator of the ConsulTrack service (“ConsulTrack,” “we,” “us,” or “our”). They apply to the ConsulTrack website, physical mail, private reports, report-access tools, questions, recommendations, evidence links, and communications (collectively, the “Service”).
By accessing or using the Service, including by opening a private report, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service.
- You must be at least 18 years old and legally able to enter a contract.
- If you act for a business or organization, you represent that you are authorized to accept these Terms for it. In that case, “you” includes that business or organization.
- A report is intended for the named business and people authorized by that business to evaluate it.
Receiving an unsolicited mailed report does not, by itself, create a consulting, advisory, fiduciary, professional, or other client relationship.
The ConsulTrack service
ConsulTrack turns public customer feedback and related business information into private, evidence-led business reports. A report may include business-specific observations, linked public sources, anonymous patterns across similar businesses, operating hypotheses, structured questions, and recommended actions or tests.
We decide which businesses, sources, comparisons, findings, and report formats to include. We may accept, decline, defer, limit, or stop any report request or other part of the Service. The scope of a report is limited to the information and time period reviewed; it is not a complete audit of a business, market, or customer base.
Unless we sign a separate written agreement with you, these Terms are the entire agreement for your use of the Service. No website copy, report, mailed material, or informal communication creates additional commitments.
Automated analysis and public information
We may use automated tools, including artificial intelligence, and human judgment to help prepare reports. Automated and human work can contain errors. We do not guarantee that a report is correct, complete, current, or suitable for your business.
Reports may rely on public reviews, ratings, listings, owner responses, websites, and other third-party material. Public feedback may be incomplete, unrepresentative, biased, fraudulent, edited, removed, outdated, or factually wrong. A cited source may change after a report is prepared.
Similar-business comparisons are selected and summarized using our methods. “Similar” does not mean identical, statistically representative, or a verified direct competitor. Information used to create a comparison may not appear in the report.
Your judgment and responsibility
The Service provides informational observations and operating hypotheses. It does not promise revenue, savings, demand, rankings, customer retention, profitability, causation, or any other result. You are responsible for independently checking source material, assumptions, costs, risks, and legal requirements before acting.
The Service is not legal, tax, accounting, investment, financial, employment, medical, clinical, insurance, cybersecurity, safety, or regulatory advice. ConsulTrack does not act as your consultant, fiduciary, agent, employee, or licensed professional unless a separate signed agreement expressly says otherwise.
Recommendations are framed as tests because conditions vary. You are solely responsible for deciding whether, when, and how to implement them; supervising employees and vendors; obtaining required approvals; and monitoring customer, financial, legal, and safety effects.
Private reports, access, and inputs
A report code or link is a bearer credential: anyone who has it may be able to open the report. Keep it private, share it only with authorized employees or professional advisers, and tell us promptly if you believe it has been exposed. You are responsible for activity through credentials you share.
“Private” means that we use access controls and do not intend the report for public indexing. It does not mean identity-verified access, attorney-client privilege, trade-secret protection, a nondisclosure agreement, or guaranteed confidentiality. We may rotate, expire, suspend, or revoke credentials for security, legal, abuse-prevention, or operational reasons.
Report questions are designed for general business-operating information. Do not submit names or information about customers, patients, employees, applicants, or other individuals; health or clinical information; account credentials; payment-card data; government identifiers; or other sensitive or regulated information. If you choose to submit information, you represent that you have the right to do so.
Acceptable use
You may not use the Service to:
- violate law, another person’s rights, a platform’s terms, or these Terms;
- guess credentials, bypass access controls, probe security, interfere with operation, introduce malicious code, or access another business’s private report without authorization;
- scrape, crawl, bulk extract, mirror, reverse engineer, or use automated means to copy the Service except with our written permission;
- impersonate another person or business, misrepresent authorization, or provide false information;
- publish, resell, sublicense, commercially redistribute, or use a report to build or benchmark a competing product;
- identify anonymous peer businesses, harass or retaliate against a reviewer, suppress lawful criticism, manipulate reviews, or encourage false or misleading reviews; or
- submit confidential, personal, patient, employee, customer, clinical, financial-account, or other sensitive information that the Service did not request.
We may investigate suspected misuse and cooperate with lawful requests. We are not obligated to monitor every use of the Service.
Ownership, license, and feedback
ConsulTrack and its licensors own the Service, including its software, reports, content, designs, branding, proprietary methods, and other original material. Third-party reviews, trademarks, listings, and linked content remain the property of their respective owners.
Subject to these Terms, we grant the intended recipient a limited, revocable, nonexclusive, nontransferable license to view and use its report for internal business purposes and to share it privately with its employees and professional advisers. This license does not permit public distribution, resale, competitive replication, removal of notices, or creation of derivative commercial products.
You retain rights in information you submit. You grant us a worldwide, nonexclusive license to host, process, reproduce, and use it as needed to operate, secure, support, and improve the Service and to create aggregated or deidentified insights. This does not give us ownership of your submitted information. Suggestions or feedback about the Service may be used without restriction or compensation, but we will handle personal information under the Privacy Policy.
Third-party services and links
The Service depends on independent technology, information, fulfillment, and other service providers and may link to third-party sources. Their services and content are governed by their own terms and policies.
We do not control and are not responsible for a third party’s availability, accuracy, security, conduct, policies, or content. A link, citation, logo, or source reference does not imply affiliation, endorsement, sponsorship, or verification by ConsulTrack or by the third party.
ConsulTrack is not affiliated with, sponsored by, or endorsed by a public review platform, a reviewed business, or an individual reviewer unless expressly stated.
Current access and future paid services
Current access to the report experience described on this site is complimentary unless we clearly tell you otherwise. There is no subscription or payment obligation merely because you receive, open, or answer questions in a report.
We may offer paid products or services later. Before you purchase, we will present the price and any additional billing, cancellation, refund, renewal, or service terms that apply. You will not be charged without an affirmative purchase action.
Availability, changes, and termination
We may add, remove, change, suspend, or discontinue any part of the Service, report, source, feature, or access method at any time. We do not promise that a report, link, or source will remain available or that the Service will be uninterrupted, error-free, or compatible with every device.
You may stop using the Service at any time. We may restrict or terminate access if we reasonably believe you violated these Terms, created risk, misused a credential, or if restriction is needed for security, legal, or operational reasons.
Provisions that by their nature should survive termination—including ownership, license restrictions, disclaimers, liability limits, indemnity, and general terms—will survive.
Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL REPORTS, RECOMMENDATIONS, SOURCES, LINKS, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.
CONSULTRACK DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, CURRENT, OR THAT ANY FINDING OR ACTION WILL PRODUCE A PARTICULAR RESULT.
Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CONSULTRACK AND ITS OPERATOR, AFFILIATES, SERVICE PROVIDERS, CONTRACTORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, SAVINGS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; BUSINESS INTERRUPTION; OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED THAT SUCH LOSS WAS POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CONSULTRACK AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID CONSULTRACK FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100.
These limits apply regardless of the legal theory and even if a remedy fails its essential purpose. They do not limit liability that cannot legally be limited, which may include liability for fraud, willful misconduct, or certain personal injuries depending on applicable law.
Indemnity
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless ConsulTrack and its operator, affiliates, service providers, contractors, and representatives from claims, losses, liabilities, damages, judgments, penalties, costs, and reasonable legal fees arising from or related to: your misuse of the Service; your violation of these Terms or law; information you submit; your implementation of a recommendation; or your violation of another person’s rights.
We may control the defense of an indemnified matter, and you agree to cooperate. You may not settle a claim in a way that admits fault by or imposes obligations on an indemnified party without its written consent.
Disputes and general terms
Informal resolution
Before filing a legal claim, you and ConsulTrack agree to try in good faith for 30 days to resolve it informally. Send a written description of the issue and requested resolution through our contact form. This does not prevent either party from seeking urgent injunctive relief or meeting a legal filing deadline.
Applicable law
These Terms are governed by the law that applies to the ConsulTrack operator, without regard to conflict-of-law principles, except where the law where you reside requires otherwise. Any court proceeding must be brought in a court with lawful jurisdiction over the parties and dispute.
General provisions
- If a provision is unenforceable, it will be modified only as much as necessary, and the remaining provisions will remain effective.
- A delay in enforcing a provision is not a waiver. Headings are for convenience only.
- You may not assign these Terms without our written consent. We may assign them as part of a reorganization, financing, sale, or transfer of the Service.
- We are not responsible for delay or failure caused by events beyond our reasonable control.
- These Terms and the Privacy Policy are the entire agreement about the Service unless a separate signed agreement applies.
Changes to these Terms and contact
We may update these Terms as the Service or law changes. We will post the revised Terms with a new effective date. If a change materially reduces your rights or adds a new material obligation, we will provide additional notice when reasonably practical and apply the change prospectively. Your continued use after updated Terms become effective means you accept them.
For questions, legal notices, mailed-report opt-outs, or concerns about these Terms, use the ConsulTrack contact form. Choose “I have a general question” and describe your request. Do not include sensitive personal, patient, employee, or customer information.