Terms & Conditions
Last updated on January 1, 2023
By signing electronically, you hereby agree to abide by and be bound by the following terms and conditions (these "Terms & Conditions"). If you are entering into these Terms & Conditions on behalf of a law firm or any other organization, you warrant and represent that you are authorized to accept these Term & Conditions on behalf of such law firm or other organization. All terms such as "our", "us", "we", "EAG", and "Shireen Shah" represent ExpertAnalytics Group, Inc. as the sole owner and operator of ExpertAnalytics Group, Inc., Litigation Analytics Institute, and Experts Court, all divisions of ExpertAnalytics Group, Inc.
This is a legally binding agreement between you and ExpertAnalytics Group, Inc. We have recommended products and services to you based on your case retention, or consulting needs as you communicate them to us. You are solely responsible for payment of any fees that you agree to pay. We shall not be liable or responsible to you or any third party in any manner whatsoever in connection with any Engagement. You are solely responsible for ensuring your compliance with these Terms & Conditions. You agree to cooperate fully in any inquiry concerning actual, alleged, or potential violations of these Terms & Conditions or in connection with any claim brought against us by any third party in connection with any Engagement or Expert Contract.
You agree to indemnify and hold harmless ExpertAnalytics Group, Inc. and its affiliates, and their respective officers, directors, employees, members, managing members, managers, agents, representatives, and successors (collectively, "ExpertAnalytics Group, Inc. Parties") from any and all actions, causes of action, claims, charges, demands, cost, expenses and damages (including reasonable attorneys' fees and expenses) and liabilities of any kind whatsoever, but only to the extent of your liability directly resulting from, arising out of, or in connection with (i) your breach or violation of any provision of these Terms & Conditions; (ii) any Expert Contract to which you are a party; or (iii) any act or omission by you in connection with any Engagement.
ExpertAnalytics Group, Inc. DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND IN CONNECTION WITH THESE TERMS & CONDITIONS. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES WITH RESPECT TO ANY EXPERT, CASE RETENTION COUNT, LAW FIRM CONNECTION COUNT, OR ANY ENGAGEMENT. WE ARE NOT A PARTY TO ANY EXPERT CONTRACT, AND WE DO NOT HAVE ANY RESPONSIBILITY FOR ANY ACT OR OMISSION OF ANY EXPERT. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL ExpertAnalytics Group’s PARTIES BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS & CONDITIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. IN THE EVENT ANY JURISDICTION DOES NOT ALLOW ANY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH HEREIN, IN SUCH JURISDICTION, THE LIABILITY OF ExpertAnalytics Group’s PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. ExpertAnalytics Group’s PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES, WHICH, FOR THE AVOIDANCE OF DOUBT, INCLUDES, BUT IS NOT LIMITED TO, CLAIMS BROUGHT AGAINST YOU.
The validity, interpretation, performance and enforcement of these Terms & Conditions shall be governed by the laws of the Province of Ontario 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 Toronto under the rules of the Canadian 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 courts of Ontario.
We may modify these Terms & Conditions from time to time. We may notify you of material modifications and may require you to accept the modified terms in order to continue participating in ExpertAnalytics Group, Inc. no failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. Neither these Terms & Conditions nor any of the rights, interests or obligations hereunder may be assigned, delegated or otherwise transferred, in whole or in part, by operation of law or otherwise, by you without our prior written consent (which consent we may withhold in our sole discretion), and any such assignment, delegation or transfer by you without such prior written consent shall be null and void and of no force or effect whatsoever. These Terms & Conditions shall be binding upon and inure solely to the benefit of you and ExpertAnalytics Group, Inc. and the successors, assigns and Clients of ExpertAnalytics Group, Inc. As used in these Terms & Conditions, the word "including" shall mean "including, without limitation," in all cases. Whenever possible, each provision of these Terms & Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceable shall not affect any other provision of these Terms & Conditions, and these Terms & Conditions shall be reformed, construed and enforced as if such invalid, illegal or unenforceable provision had never been contained herein.