Agreement between User and Prime Medical Experts, LLC
Welcome to primeexpertsgroup.com. The primeexpertsgroup.com website (the “Site”) is comprised of various web pages operated by Prime Experts Group LLC. primeexpertsgroup.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of primeexpertsgroup.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
primeexpertsgroup.com is an Expert Witness Service provider.
Any information on this site should not be used for legal advice or any other purpose. This site is simply here for informational purposes and to share how we can assist.
Privacy
Your use of primeexpertsgroup.com is subject to Prime Experts Groups’ Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting primeexpertsgroup.com or sending emails to Prime Experts Group constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Cancellation/Refund Policy
Any case that was submitted to Prime Experts Group and for whatever reason never went forward, such as sending the records, canceling the review, no longer in need of the expert, etc…, Prime Experts Groups charges a 20% overhead/cancellation fee of the total retainer cost.
The general cancellation policy for an IME/Deposition/Etc., if cancelled within 14 days prior to the date of a scheduled IME/Deposition/Etc.., the refund is 50%. If cancelled within 7 days in advance of the IME/Depositions, Etc., there is no refund. If materials have been sent to the expert for their review, there is no refund.
Refunds for locating an expert witness is 50% of the total cost, if we are unable to locate a specific expert, for our office time in researching and contacting possible experts.
If we are retained and prepare a letter stating such, in order to meet a deadline or share with the court that you have retained a service/expert and then you decide not to go forward or do not send records for review, there is no refund for that fee.
Disclaimer
The Expert Witnesses that we engage are Independent Contractors and are not employees of Prime Experts Group, LLC (PEG). PEG is only aware and knowledgeable of what the Independent expert witness discloses, PEG does not go beyond that to vet a specific expert, unless otherwise asked to do so. PEG cannot guarantee the cooperation of an Expert Witness once our work has been completed. The availability of an expert witness after we disclose them is out of our control. It is the attorney/clients’ job to reach out to PEG or the expert right away to schedule any further work. PEG does assist some experts in the scheduling and billing, depending on the expert. If that is the case, then the attorney/client must contact our office right away.
If you have a very specific request, we can assist however it may not be part of our fee schedule. For example, if a request is made for an expert in a specific state or has certain qualifications (ivy league school), or a report that is extensive, this would not be part of our fee schedule.
Our fee schedule may change at any time as the cost of expert witnesses constantly change. If our service quotes you a certain rate on a proposal/invoice, that rate is only good within the deadline of the proposal/invoice.
Any materials or requests submitted after the review begins, is considered additional work and is billed at an hourly rate, not our fee schedule.
If you are an individual (non attorney) working on your own case or assisting someone, please note that some expert witnesses may require you to have an attorney, otherwise they cannot continue beyond the review and report phase.
The retaining client, whether the attorney or pro se litigant acting as their own attorney is expected to provide all the relevant records and materials to the expert witness directly (unless told otherwise) as they become available and to provide all requested documents. The experts are depending on the client for this.
The Attorney/Client is responsible for providing the following material when sending a case for review:
- Cover letter/Summary of case: The cover letter must specify which service you want us to perform. If you require an Expert Witness Opinion from a specialist, you must specify the exact type of specialist you need to review your case in writing along with any specific requirements for this expert, (type of procedure, active practice, teaching, any statute requirements etc.) and any requirements you have for your state. We are not a law office and are not familiar with the requirements for all 50 states, so we are depending on you to provide us with those requirements, if any. It is important to include a summary of the case along with specific questions you want the expert to answer. If you do not provide specific questions for the expert to answer, you risk receiving an opinion that is not definitive or possibly scattered.
- Specific or required legal language: You must specify and legal requirements that you need. Such as, formatting of opinion, language needed in a report, template of affidavit of merit, template of certificate of merit and any local or state requirements, etc… This should be noted prior to the review of the expert. Affidavit of merits and certificate of merits are NOT prepared by any of the expert witnesses that you engage nor our office. We require the attorney/client to prepare a template of the affidavit/certificate of merit in a word version. Please note the expert witnesses nor anyone from our office is an attorney and we are depending on the attorney to provide us with the requirements. If you do not provide such information, the expert will prepare an opinion based on their independent knowledge and area of expertise, which may not be what you are looking for or need for your case.
- Medical Records: Please make sure you send legible copies of medical records. Also, we always recommend that you request a certified copy of medical records, whether from a doctors office or hospital, etc.., in order to ensure they are complete. If you receive an uncertified copy, you are risking an incomplete set of records.
- Imaging CDs.: Images and imaging CDs are typically important on most cases. Most experts find the will not accept the imaging reports as a source for their opinions, as the reports may be in accurate and they want to review the imaging themselves to formulate an opinion. They need to be able to see the images themselves to determine if it was interrupted correctly.
- Payment: We accept Law firm checks or Law firm credit cards. We do not accept personal check or personal credit cards from non-attorneys/individuals. If the non-attorney/individual wants to pay us directly, it must be a cashier’s check, money order or wire transfer. All online credit card transactions have a 4% convenience fee to the total. You can save this convenience fee by simply mailing a check to our office.
Links to Third Party Sites/Third Party Services
primeexpertsgroup.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Prime Experts Group and Prime Experts Group is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Prime Experts Group is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Prime Experts Group of the site or any association with its operators.
Certain services made available via primeexpertsgroup.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the primeexpertsgroup.com domain, you hereby acknowledge and consent that Prime Experts Group may share such information and data with any third party with whom Prime Experts Group has a contractual relationship to provide the requested product, service or functionality on behalf of primeexpertsgroup.com users and customers.
Children Under Thirteen
Prime Experts Group does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use primeexpertsgroup.com only with permission of a parent or guardian.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use primeexpertsgroup.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Prime Experts Group that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Prime Experts Group or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Prime Experts Groups content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Prime Experts Group and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Prime Experts Group or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Prime Experts Group from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Prime Experts Group content accessed through primeexpertsgroup.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Prime Experts Group, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Prime Experts Group reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Prime Experts Group in asserting any available defenses.
ARBITRATION, GOVERNING LAW AND VENUE
The validity, interpretation, performance and enforcement of these Terms & Conditions shall be governed by the laws of the State of Virginia without regard to the conflicts of laws principles thereof. Any dispute, controversy or claim arising from or relating to these Terms & Conditions shall be fully and exclusively finally settled by an arbitration held in Virginia under the rules of the American Arbitration Association in effect from time to time. You hereby irrevocably and unconditionally waive any rights you may have to a trial by jury with respect to any such dispute, controversy or claim relating to these Terms & Conditions. The arbitrator may grant any remedy that he or she deems just and equitable within the scope of this arbitration agreement, except that he or she may not, under any circumstance, grant a remedy inconsistent with or in violation of the Limitation of Liability set forth above. The award of the arbitrator shall be final and binding and judgment thereon may be entered in any court having jurisdiction. You hereby unconditionally and irrevocably submit to the jurisdiction of the federal and state courts of Virginia.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Prime Experts Group agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PRIME EXPERTS GROUP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PRIME EXPERTS GROUP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PRIME EXPERTS GROUP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIME EXPERTS GROUP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRIME EXPERTS GROUP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Prime Experts Group reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Prime Experts Group as a result of this agreement or use of the Site. Prime Experts Groups’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Prime Experts Groups’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Prime Experts Group with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Prime Experts Group with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Prime Experts Group with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Prime Experts Group reserves the right, in its sole discretion, to change the Terms under which primemedicalexperts.com is offered. The most current version of the Terms will supersede all previous versions. Prime Experts Group encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Prime Experts Group welcomes your questions or comments regarding the Terms:
Email Address:
Effective as of January 01, 2020
