Terms of Service ("Terms")
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.jupiterexperts.com website or the information provided by Jupiter Experts LLC ("us", "we", or "our") (collectively, the "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Authorizing Us as Your Agent
Your use of the Service, including by entering a patent number to access expert profiles, contact information, and curriculum vitae, is your agreement to engage us as your agent for the purpose of finding an expert witness candidate(s) ("Billing Agent"), except in the select instances noted below. As your Billing Agent, if you engage an expert witness candidate that we recommended to you, then you agree to work exclusively with us and the expert with respect to time recording, invoicing, billing, and payment of all fees, costs, or other financial remuneration. You may contact any candidate, negotiate directly with the candidate about the terms of their engagement, and may sign an engagement letter directly with the candidate, so long as you and the expert agree to work exclusively with us as your Billing Agent. Once you engage an expert, both you and expert are obligated to inform us.
Prior Knowledge of a Candidate
If you were aware of an expert prior to running a search through Jupiter Experts, you are not required to utilize us as Billing Agent. Please let us know so you can opt-out of working with us as the Billing Agent for you and expert. Alternatively, if you and/or the expert still want to retain us as your Billing Agent, we can provide this service at a significantly reduced rate. Please contact us for more information.
There is no additional fee to perform a search, review the search results that we provide, or contact an expert witness candidate(s). There is also no additional fee if you ask us, as your Billing Agent, to perform any of the following additional concierge services: inquire about the expert witnesses availability, clear conflicts, negotiate the expert billing rate, or schedule initial interviews with the expert witness candidate. If agreed by you and us, we may request compensation for additional concierge services.
If you, your firm, or your client engage an expert that was suggested by us, and previously unconsidered by you, for any matter related to your search query, for any matter within one (1) year of from the date we provided information to you about the expert witness candidate, or for any matter within one (1) year from the date the final invoice is paid with respect to a candidate that you previously retained through us., then you agree to be bound by the following compensation terms (“Brokerage Fee”).
The expert should send us an invoice with an accounting of their time, out-of-pocket expenses, and any other information required by you or your client. We will promptly send the invoice to you for payment.
If you or your client disagree with any aspect of the invoice, please contact us within fourteen (14) days or receiving the invoice. After this time, you agree that the invoice is accurate and will be paid in full. All compensation, reimbursement, or other financial remuneration should be paid directly to us. You agree to pay a brokerage fee to us in exchange for your use of this Service, access to our Content, and in our capacity as your Billing Agent.
The Brokerage Fee is calculated as a percent of the expert witness' compensation (less any reimbursed out-of-pocket expenses). We will transfer the invoiced and paid compensation, reimbursement, or other financial remuneration to the expert witness in a timely manner following upon receipt of payment from you. We do not charge any fees based on out-of-pocket expenses incurred by the expert
When you enter your email address with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service and/or other recourse.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party, including co-workers. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The content elements displayed and/or downloadable on/from this Service, including graphic images (logos), ranking results, relevancy results, pitch documents, prior art reports, downloadable digital files, and all of the features of this Service, including this Service's designs, trade dress, logos, pages, data, information, software, data compilations, digital downloads, icons, html code, json/xml code, API data, and products or services obtained from this Service ("the Content") is the exclusive property of Jupiter Experts LLC. The Content is protected by national and international laws, including patent, copyright, trademark, trade dress and other intellectual property laws. Any Content accessed or downloaded by You (whether or not such access or download was authorized) transfers no right, title or interest in or to such Content or any intellectual property rights therein. All right, title and interest in and to such Content shall remain the exclusive property of Jupiter Experts LLC. No Content may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted herein. Jupiter Experts LLC hereby expressly reserves all rights in relation to the Service and Content not expressly granted herein.
Media Exception. A member of the media, including a newspaper, magazine, website (blog), or any other service acting as a member of the media ("the Media") may use our graphic images ("Logo") and may use the general information in the footer and/or About Us section of this Service ("Basic Information") solely for the purpose of reporting about the Service. This non-exclusive license is free and does not require the Media to contact us prior to use of this information, but does not grant the Media any right to sub-license this information to any other party.
Government Works Exception. Jupiter Experts LLC does not claim any intellectual property rights, including copyright, over original government works.
Permitted Use of Our Data and Service
Except as defined in this section, any and all Content available, including expert names, contact information, and curriculum vitae (e.g. vita, CV, and or resume), or other output generated by Jupiter Experts LLC, shall not be reproduced, revealed, published, distributed, or otherwise made available in whole or in part to anyone else unless required by law. All Content is licensed by us to you and is not sold or assigned by us to you. You acknowledge that the Service and Content are subject to the copyright and other proprietary rights of Jupiter Experts LLC and you will not commit or permit any act or omission that would impair our rights.
We grant you a non-exclusive, non-transferable, limited license to access and use the Service and its Content. You may share insubstantial parts of this Service and Content, such as information about fifteen (15), or less, expert witness candidates per search with anyone in your firm or with your client by summarising this information, providing a link to our website or printing the proper website page as a pdf or physical printout. You may also download and temporarily (but not more than one year) store insubstantial portions of Content that you license (such as fifteen (15), or less expert witness candidate's CVs) to one personal computer storage device under your exclusive control.
You may not copy, download, store, publish, transmit, transfer, sell or otherwise use the Content in any form or by any means, except as expressly permitted by this Agreement. You may not store or use the Content to create an archival, a searchable database, or spreadsheet of more than an insubstantial portion of the Content. You shall not sell, license, or distribute any of the Content, including an insubstantial portion, to any third party.
Links To Other Web Sites
Our Service contains links to third-party websites or services that are not owned or controlled by Jupiter Experts LLC.
Jupiter Experts LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Jupiter Experts LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the Terms and Conditions, and Privacy Policies of any third-party websites or services that you visit.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER JUPITER EXPERTS LLC NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ARE NOT OFFERING LEGAL ADVICE. WE MAY NOT ALWAYS BE ABLE TO PREDICT THE MOST RELEVANT EXPERT. WE CANNOT AND DO NOT MAKE ANY PROMISES ABOUT THE EXPERT'S TESTIMONY OR OPINIONS FOR ANY MATTER. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, JUPITER EXPERTS LLC, AND JUPITER EXPERTS LLC’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF JUPITER EXPERTS LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES IN THE PAST SIX (6) MONTHS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL SITUATIONS, JUPITER EXPERTS LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. FOR EXAMPLE, WE CANNOT PREDICT WHO A CLIENT WILL CHOOSE TO HIRE FOR ANY CASE. WE OFFER SUGGESTIONS AND ADVICE, BUT THE CLIENT IS ULTIMATELY RESPONSIBLE FOR ALL HIRING DECISIONS. AN EXPERT CANDIDATE MAY NOT HOLD JUPITER EXPERTS LLC LIABLE BECAUSE THEY FEEL THAT OUR SERVICES SUGGESTED THAT THEY SHOULD BE HIRED EVEN THOUGH THE CLIENT DECIDED TO HIRE A DIFFERENT EXPERT.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new Terms, please stop using the Service.
Our Terms of Service agreement was partially generated by TermsFeed Generator.
If you have any questions about these Terms, please contact us.