MEDX EXPERT LLC – TERMS AND CONDITIONS

Effective Date: 04/06/2025

These Terms and Conditions ("Terms") govern your access to and use of the MedX Expert LLC website, mobile application, and associated services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use the Platform. Acceptance of these Terms is a mandatory precondition to (a) engaging any Expert for Clients and (b) participating as a registered Expert member.

1. DEFINITIONS

"MedX" refers to MedX Expert LLC, a California limited liability company.
"Expert" refers to a medical professional registered on the Platform to provide expert witness services.
"Client" refers to a law firm or legal professional using the Platform to identify and engage Experts.
"User" refers to any individual or entity accessing the Platform, including both Experts and Clients.

2. SCOPE OF SERVICES

MedX is a neutral third-party platform that facilitates connections between Experts and Clients. MedX does not:

Provide legal or medical advice;

Employ, retain, supervise, or control the Experts;

Guarantee outcomes of any legal matter; or

Review or influence the substance of any Expert’s opinions or testimony.

All engagement terms between Experts and Clients are handled independently, though MedX may provide standard templates for convenience. Experts are not employees, agents, or representatives of MedX. Experts operate as independent contractors, and MedX does not direct or control the manner, method, or means by which Experts perform their services.

Clients acknowledge and agree that MedX is not responsible for any act, omission, opinion, conduct, or failure to perform by any Expert. MedX shall not be liable for any disputes, losses, or liabilities arising out of or relating to any Expert’s engagement, testimony, or other professional services. Nothing in these Terms or on the Platform shall be construed as creating an employment, partnership, or agency relationship between MedX and any User.

3. USER ACCOUNTS

Users must create an account and provide accurate, complete registration information.
Users are responsible for maintaining the confidentiality of their credentials.
Users agree not to impersonate another person or misrepresent their identity or qualifications.

4. TERMS APPLICABLE TO CLIENTS

4.1. Engagements

Clients may browse and engage Experts via the Platform. No Expert may be engaged by Client however until an expert retention agreement has been executed between Client and Expert. Client can either prepare their own expert retention agreement, or the parties may utilize the MedX Expert Witness Retention Agreement template, provided for benefit of our Users.
Acceptance of these Terms is a mandatory precondition to retaining any Expert through the Platform.

4.2. Platform Facilitation Fee & Payment Handling

MedX assesses a fee calculated as 25% (twenty-five percent) of all fees paid by Client to and earned by Expert (the “Platform Facilitation Fee”).
MedX is authorized to collect expert fees on behalf of Experts and will remit payments to Experts after deducting the Platform Facilitation Fee.
All payments are final, unless otherwise specified in the expert retention agreement.
MedX reserves the right to either increase or decrease the Platform Facilitation Fee, on a per case basis. No modification of the Platform Facilitation Fee shall be binding unless agreed upon in writing by MedX and the Expert.

4.3. Non-Circumvention

Clients shall not engage, solicit, or otherwise contract with any Expert introduced through the Platform outside of the Platform.
This restriction applies for a period of twenty-four (24) months from the date of the first engagement or introduction of the Expert.
Any attempt to circumvent the Platform will result in immediate suspension or permanent ban from the Platform, at MedX’s sole discretion

4.4. Acknowledgments

Clients acknowledge that Experts are independent contractors.
Clients agree that MedX is not responsible for the quality, content, or results of Expert opinions or testimony.
Clients shall not direct, control, or otherwise treat Experts as employees.

5. TERMS APPLICABLE TO EXPERTS

5.1. Preconditions to Membership

Acceptance of these Terms is a mandatory precondition to registration and participation as an Expert.
Each Expert must execute a separate Expert Witness Platform Agreement (“EWPA”), which will be provided to the Expert upon registration.

5.2. Representations

Experts represent that they are licensed, in good standing, and qualified to provide expert witness services in their area(s) of specialization.

5.3. Independence

Experts are independent professionals and not employees, partners, or agents of MedX. Experts are solely responsible for:

Complying with applicable laws and regulations;
Ensuring their opinions are objective and within their area of expertise;
Filing their own taxes and maintaining licensure.

5.4. Platform Activity

Experts agree to:

Respond in a timely and professional manner;
Maintain client confidentiality;
Participate in educational and peer collaboration features offered by the Platform, if desired.

5.5. Non-Circumvention

Experts shall not accept engagements or referrals directly from any Client introduced via the Platform, or attempt to conduct business outside the Platform, for a period of twenty-four (24) months from the date of first introduction or engagement.
Violation of this policy may result in permanent suspension or banning from the Platform and potential legal action to recover lost facilitation fees.

6. FEES AND PAYMENT TERMS

Platform facilitation fees are deducted from payments made to Experts.
MedX uses third-party payment processors; MedX is not liable for delays or errors attributable to these processors.
MedX does not guarantee payment where a Client defaults or fails to perform.

7. INTELLECTUAL PROPERTY

All content on the Platform (excluding user-submitted materials) is owned or licensed by MedX.
Users may not copy, distribute, or exploit Platform content without express authorization.

8. DISCLAIMERS AND LIMITATIONS OF LIABILITY

MedX provides the Platform “as is” and disclaims all warranties.
MedX is not liable for:
- Any damages resulting from reliance on or use of the Platform;
- Any Expert’s conduct, performance, or failure to meet Client expectations;
- Any disputes between Experts and Clients.

9. INDEMNIFICATION

Users agree to indemnify and hold harmless MedX, its officers, agents, and affiliates from any claims, damages, or liabilities arising from their use of the Platform or engagement relationships formed therefrom.

10. TERMINATION

MedX may suspend or terminate any User’s account for violations of these Terms.
Any violation of the non-circumvention policy or other core provisions of these Terms may result in a permanent ban.
Users may delete their account at any time. Termination does not relieve a User of payment obligations or liability for previous conduct.

11. DISPUTE RESOLUTION

Any dispute arising under these Terms shall be resolved by binding arbitration in California under the rules of the American Arbitration Association. The prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

12. FORUM USE TERMS

12.1. Platform Forum Overview

The Platform may provide a private communication forum (the "Forum") where registered Experts and, where applicable, Clients may engage in collaborative discussion, post questions, respond to inquiries, and share educational information relevant to expert witness work and legal-medical interface issues.

12.2. Intended Use

The Forum is intended for general, non-case-specific educational discussion, peer support, and professional exchange. Users agree not to use the Forum to:

Disclose or discuss any confidential, privileged, or case-specific information;
Seek or give case-specific legal or medical advice;
Share documents or materials protected by attorney-client privilege or subject to HIPAA or similar regulations;
Coordinate testimony or influence the content of any specific Expert opinion.

12.3. Confidentiality and Access

The Forum is accessible only to authorized Experts and Clients registered on the Platform.
Participation is entirely voluntary, and MedX does not moderate content for legal or evidentiary compliance.
While the Forum is private and access-limited, MedX cannot guarantee that communications are protected from discovery in litigation or governmental inquiry.

12.4. Discovery Risk and Best Practices

Users acknowledge and accept that communications made on the Forum may be subject to subpoena, discovery, or other legal process in connection with litigation.
Users are advised to assume that all communications may be discoverable and to exercise discretion and professionalism when posting.
Users should consult with their own legal counsel before sharing anything that may implicate litigation strategy, client confidentiality, or professional duties.

12.5. Disclaimer and Waiver

MedX expressly disclaims any liability arising from the content or consequences of Forum discussions.
By participating in the Forum, Users waive any claims against MedX for harm resulting from disclosure or use of communications made on the Forum.
MedX reserves the right to remove any content or suspend access to the Forum for violations of these Terms.

13. MISCELLANEOUS

These Terms constitute the entire agreement between Users and MedX.
If any part of these Terms is deemed invalid, the remainder shall continue in full force.
These Terms are governed by the laws of the State of California.

Terms and Conditions