Terms of Service
Agreement to Terms
By accessing or using ProExpertWitness ("the Platform"), you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you do not have permission to access the Platform.
Use of Services
Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using the Platform, you represent and warrant that you meet these requirements.
Account Registration
To access certain features, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
User Responsibilities
For Attorneys
If you are an attorney using the Platform, you agree to:
- Maintain current bar membership in good standing
- Use the Platform in compliance with all applicable laws and regulations
- Conduct all interactions with expert witnesses professionally
- Honor payment agreements made through the Platform
- Respect the confidentiality of expert information
For Expert Witnesses
If you are an expert witness using the Platform, you agree to:
- Provide accurate information about your credentials and experience
- Maintain current professional licenses and certifications
- Disclose any potential conflicts of interest
- Provide professional, unbiased expert opinions
- Comply with all applicable professional standards and ethics
Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating any applicable laws or regulations
- Infringing on intellectual property rights
- Transmitting harmful or malicious code
- Attempting to gain unauthorized access to the Platform
- Interfering with or disrupting the Platform's operation
- Collecting user information without consent
- Impersonating another person or entity
- Posting false, misleading, or fraudulent information
- Harassing, threatening, or intimidating other users
Payment and Fees
Certain features of the Platform require payment of fees:
- All fees are non-refundable unless otherwise stated
- You are responsible for paying all applicable taxes
- We reserve the right to change fees with notice
- Failure to pay may result in account suspension or termination
- Direct engagements between attorneys and experts are subject to separate agreements
Intellectual Property
The Platform and its content, features, and functionality are owned by ProExpertWitness and are protected by copyright, trademark, and other intellectual property laws.
You retain ownership of content you submit to the Platform, but you grant us a license to use, display, and distribute that content as necessary to provide our services.
Disclaimers
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
- The Platform will be uninterrupted, timely, secure, or error-free
- The results obtained from use will be accurate or reliable
- The quality of any services or information obtained will meet your expectations
- Any errors in the Platform will be corrected
ProExpertWitness is a platform that facilitates connections between attorneys and expert witnesses. We do not provide legal advice and are not responsible for the quality of services provided by users.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROEXPERTWITNESS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.
Indemnification
You agree to indemnify and hold harmless ProExpertWitness from any claims, damages, losses, liabilities, and expenses arising out of your use of the Platform, violation of these Terms, or infringement of any rights of another party.
Termination
We may terminate or suspend your account and access to the Platform immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Platform will immediately cease.
Dispute Resolution
Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page. Your continued use of the Platform after changes constitutes acceptance of the modified Terms.