1. Acceptance of Terms
By accessing and using Expert Witness USA ("the Platform"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use the Platform.
These terms apply to all users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
2. Description of Service
Expert Witness USA provides an online platform that connects attorneys and legal professionals with qualified expert witnesses across various practice areas and geographic locations.
The Platform offers:
- Expert witness directory and search functionality
- Profile management for expert witnesses
- Inquiry and communication tools between attorneys and experts
- Featured listing services for enhanced visibility
- Payment processing for premium services
3. User Accounts and Registration
Account Creation:
- You must be at least 18 years old to create an account
- You must provide accurate, current, and complete information during registration
- You are responsible for maintaining the confidentiality of your account credentials
- You are responsible for all activities that occur under your account
Account Types:
- Attorney/Client Accounts: For legal professionals seeking expert witnesses
- Expert Witness Accounts: For qualified professionals offering their expertise
4. Expert Witness Listings
Profile Requirements:
- Expert profiles must contain accurate and truthful information
- Credentials, qualifications, and experience must be verifiable
- Experts are solely responsible for the accuracy of their profile information
- We reserve the right to verify credentials and remove profiles that contain false information
Featured Listings:
- Featured listing services are paid promotional services
- Payment does not guarantee engagement or case assignments
- Featured listings are subject to approval and quality standards
- Refund policy applies as outlined in Section 6
5. User Conduct and Prohibited Activities
Users agree not to:
- Use the Platform for any unlawful purpose or in violation of any applicable laws
- Post false, inaccurate, misleading, or fraudulent information
- Impersonate any person or entity, or falsely state or misrepresent your affiliation
- Interfere with or disrupt the Platform or servers or networks connected to the Platform
- Attempt to gain unauthorized access to any portion of the Platform
- Use automated systems or software to extract data from the Platform ("scraping")
- Harass, abuse, or harm other users
- Violate any intellectual property rights
6. Payments and Refunds
Payment Processing:
- All payments are processed securely through our third-party payment processor (Stripe)
- Prices are subject to change with prior notice
- All fees are non-refundable unless otherwise stated
Refund Policy:
- Featured listing refunds may be requested within 7 days of purchase if no inquiries have been received
- Refunds are processed within 10-14 business days
- Partial refunds may be issued at our discretion for service interruptions
7. Intellectual Property Rights
The Platform and its original content, features, and functionality are owned by Expert Witness USA and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
User Content:
- You retain ownership of content you submit to the Platform
- By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content on the Platform
- You represent that you have the right to submit such content
8. Privacy and Data Protection
Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.
9. Administrative Access to User Content
By using the Platform, you acknowledge and agree that Platform administrators may access, review, and monitor all user-generated content, including but not limited to messages, inquiries, communications, uploaded files, documents, CVs, photographs, and any other materials submitted through the Platform.
Purposes for Administrative Access:
Administrative access to user content is conducted solely for the following legitimate purposes:
- Platform Integrity and Quality Assurance: To verify the accuracy of expert credentials, qualifications, and profile information, and to maintain the professional standards of our directory
- Safety and Security: To detect, prevent, and investigate fraudulent activity, impersonation, abuse, harassment, or any conduct that threatens the safety of users or the integrity of the Platform
- Terms of Service Enforcement: To investigate potential violations of these Terms of Service and take appropriate action, including content removal or account suspension
- Dispute Resolution: To assist in resolving disputes between users, including complaints regarding communications, service quality, or professional conduct
- Legal Compliance: To comply with applicable laws, regulations, legal processes, or governmental requests, including responding to lawful subpoenas, court orders, or regulatory inquiries
- Technical Support: To diagnose and resolve technical issues, troubleshoot problems, and improve Platform functionality when users request assistance
- Content Moderation: To review reported content for appropriateness and ensure compliance with our community standards and professional expectations
- Protection of Rights: To protect the rights, property, and safety of Expert Witness USA, our users, and the public
User Acknowledgment:
You understand that communications and materials shared on the Platform are not private from Platform administrators. While we maintain strict internal policies regarding access to user content and limit access to authorized personnel with a legitimate need, you should not expect that messages or uploaded materials will remain confidential from administrative review.
Recommendation for Sensitive Communications:
The Platform is designed to facilitate initial connections between attorneys and expert witnesses. For confidential case discussions, privileged communications, and the exchange of sensitive case materials, we recommend transitioning to direct contact methods after making your initial connection through the Platform.
10. Disclaimers and Limitations of Liability
Service "As Is":
- The Platform is provided on an "as is" and "as available" basis
- We do not warrant that the Platform will be uninterrupted, secure, or error-free
- We make no warranties regarding the accuracy or reliability of user-submitted information
Limitation of Liability:
- We are not liable for any indirect, incidental, special, consequential, or punitive damages
- We are not responsible for the conduct of users or the outcome of any engagements between attorneys and experts
- We do not verify the credentials of expert witnesses and are not liable for any misrepresentations
- Our total liability shall not exceed the amount paid by you to us in the past 12 months
11. Indemnification
You agree to indemnify, defend, and hold harmless Expert Witness USA, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from:
- Your use of the Platform
- Your violation of these Terms of Service
- Your violation of any rights of another party
- Content you submit to the Platform
12. Termination
We reserve the right to suspend or terminate your account and access to the Platform at our sole discretion, without notice, for conduct that we believe violates these Terms of Service or is harmful to other users, us, or third parties, or for any other reason.
Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may contact us at the email address provided below.
13. Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
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.
14. Changes to Terms
We reserve the right to modify these Terms of Service at any time. We will notify users of any material changes by posting the new terms on the Platform and updating the "Last updated" date.
Your continued use of the Platform after such changes constitutes acceptance of the new terms.
15. Contact Information
If you have any questions about these Terms of Service, please contact us at:
Expert Witness USA
Email: support@expertwitnessusa.com
Website: www.expertwitnessusa.com
By using Expert Witness USA, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.