Terms of Use

Effective Date:5/18/25 

Thank you for visiting https://highrockexperts.com/ operated by High Rock Experts, LLC (“High Rock,” “Company”).  High Rock provides this website to empower our users to learn and connect regarding medical expert witness services. We are committed to providing referral services relating to medical expert witnesses including online classes and training materials, an online certified medical expert witness directory (the “High Rock Certified Expert Directory”), and an online matching service (“Custom Expert Matching Service”) to connect knowledgeable medical consultants (“Expert Consultants”) with attorneys and law firms (“Attorneys”) seeking medical consultation for legal cases including, but not limited to, medical record review,  case assessment, damages evaluation, deposition and trial testimony.

 

High Rock (“We”, “Our”, or “Us”) maintains this website and any other online services where these Terms of Use are posted (collectively, the “Website,” “Site”) as a service to: its visitors; Attorneys who utilize High Rock’s Expert Matching Services or the High Rock Certified Expert Directory; students who utilize High Rock’s online courses (“Students”); and Expert Consultants who provide medical expert witness informational services (visitors, Attorneys, Students, and Expert Consultants are collectively referred to as, the “Users” and individually as “User”).  Unless explicitly stated otherwise, any new tools or applications that alter or improve the current Website will be included in the definition of “Website.”

 

This Terms of Use Agreement (the “Terms of Use,” “Terms”) is a legally binding agreement between each User and High Rock regarding User’s access to and use of High Rock’s Website and any use by User of the services offered through the site including but not limited to those of our subsidiary company, Amy Fogelman MD, the Custom Expert Matching Service, the High Rock Certified Expert Directory, the Online Courses, and the Expert Consultant services (collectively the “Services”). These Terms are structured to facilitate User’s access and understanding of the terms relevant to User’s specific use of the Website. Please read these Terms of Use carefully.

 

By accessing the Website or Services, User acknowledges and agrees to be bound by these Terms as well as our Privacy Policy and Disclaimer which are incorporated into these Terms of Use and collectively govern your use of the Website and Services. Our Disclaimer can be found at https://highrockexperts.com/disclaimer/. Our Privacy Policy is at https://highrockexperts.com/privacy-policy. These Terms apply to the Website (and the Services, subject to any other agreement between User and High Rock and such terms of use, legal notices or disclaimers applicable to specific portions of the Services accessed by User).  There are no other parties to this agreement.

 

The Website and Services are intended for use by individuals 18 years of age or older and do not seek information from any person under the age of 18. By accessing the Website and Services, User acknowledges and warrants that User has the authority and is of legal age to be bound by this agreement. If User is under 18, User may use the Website and Services only with the prior permission of a parent or legal guardian who has read these Terms of Use and agrees to be bound by them.

 

The Services are not directed to persons who are located or have access to the Website and Services via the Internet from outside of the United States. High Rock does not represent that any of the content on the Website or Services is appropriate for use or permitted by local laws in all jurisdictions. Use of the Website and Services is not permitted where prohibited by law. By accessing Our Website or Services, User acknowledges and warrants that use of the Website and Services is lawful and not prohibited by law. User acknowledges and warrants that User is not located in a region that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region. User further acknowledges and warrants that User is not listed on any U.S. Government list of prohibited or restricted parties. If User is prohibited from accessing websites, such as Our Website and Services, from User’s location, User should not access the Website and Services, and High Rock takes no responsibility for such prohibited access.

 

Termination of Service

We reserve the right at Our sole discretion to immediately deny access to Our Website and Services for anyone who materially breaches any provisions of Our Terms of Use. User acknowledges and agrees that We may, without prior notice, immediately terminate, or limit User’s access to Our Website and Services, or suspend User’s access based on any of the following: (a) a breach of these Terms of Use; (b) upon request of law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which We believe is harmful to High Rock, its Website, or Services. User acknowledges and agrees that termination, limitation of access and/or suspension will be made in Our sole discretion and that We shall not be liable to User or any third party for the termination, limitation of access and/or suspension of your account.

 

If User disagrees with any part of these Terms of Use, then User may not use Our Website or access Our Services.

 

Access to the Website

User may access portions of the Website without registering. However, in order to access some portions of the Website and Services, User will be required to register and sign into the Website.

 

Modification to Terms

We may, in Our sole discretion, change the terms of this agreement at any time and for any reason.  We will post notice of such changes by posting an “updated” date of these Terms of Use.  If User does not agree to these changes, User’s only recourse will be to cease using Our Website and Services.  User’s continued use of Our Website or Services after the notice has been posted will serve as User’s agreement to the new Terms of Use as modified. We shall not be liable to User or any third party for exercising Our right to modify these Terms of Use. Check Our Terms of Use Policy regularly to note the most updated terms and conditions.

 

Corrections

We retain the right, but not the obligation, to modify Our Services, correct any errors, inaccuracies, or omissions made on the Website at any time and without prior notice.

 

Term

The term of this agreement begins when User accesses Our Website or signs up to use Our Services and will continue for as long as User accesses or uses Our Website or Services.

 

Acknowledgment of Ownership

User acknowledges that High Rock, LLC, its licensors, and content and service providers own all rights, title, and interest including without limitation all Intellectual Property Rights (as set forth below), regarding the use of Our Website and/or Services.  “Intellectual Property Rights” means all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. User agrees to not remove, obscure, or alter Our copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or through the use of Our Website and/or Services.

 

*Copyright:  User agrees that Our Website as well as all content included in Our Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, contain proprietary information, and material that is the property of Us or Our content supplies and are protected by national and international copyright laws. The compilation of all content on the Website is the exclusive property of High Rock, with copyright authorship for this collection by High Rock and is protected by U.S. and international copyright laws.

 

*Trademark: High Rock’s trademarks and trade dress may not be used in connection with any product or service that is not Ours, in any manner that is likely to cause confusion, among customers, or in any manner that disparages or discredits Our company or Services. You may not use Our name or logo, or other proprietary graphic or trademark without express written permission.

 

All other trademarks not owned by Us or Our subsidiaries that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us or Our subsidiaries.

 

Nothing contained in Our Services and/or Website should be construed as granting User any license or right to use any trademark without prior written permission from Us.

 

*Patents, trade secrets and other proprietary business information: The manner in which Our Services and/or Website works, any related patents, trade secrets or other proprietary business information are the intellectual property of High Rock. Nothing contained in the Services and/or Website should be construed as granting User any license or right to use any patents, trade secrets, or other proprietary business information without the prior written permission of High Rock.

 

All intellectual property rights not expressly granted are reserved and protected by infringement by state and federal laws, and international legislation and treaties.

 

Limitation of Use

We hereby grant User a limited, revocable, non-exclusive, non-transferable license to use Our Website and Services. The use of Our Website and Services is for your personal use during the term of this agreement.   User acknowledges that We retain all rights relating to the Website and Our Services not expressly granted herein.  User will not or permit anyone else to:

*access the Website and/or Services if under the age of 18 years;

*share User login information with other users or entities;

*reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Website or Services;

*copy, reproduce, modify, translate, or create derivative works based on the Website or Services;

*rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Website or Services;

*use or launch any automated system, including without limitation robots, spiders, or offline readers, to access the Website or Services or any information therein;

*use the Website or Services to transmit any malware, Trojan horses, worms or viruses or any other destructive or malicious code;

*access another User’s account, circumvent standard access to Our Website or Services, or attempt to gain unauthorized access to Our Website or Services;

*use the Website or Services for the benefit of a competitor or intentionally harm or discredit Us or Our Services; or,

*take any action that imposes, or may impose an unreasonable or disproportionately large load on Our infrastructure.

 

Prohibited Use

User may not use Our Website or Services for any unlawful, fraudulent, unauthorized, or malicious purposes.  In connection with your use of Our Website or Services, User acknowledges and agrees that the following is expressly prohibited:

*accessing Our Website if you are under 18 years of age;

*entering data that violates the legal rights of others;

*entering data that is explicit, defamatory, obscene, racially, or ethnically offensive;

*sending altered or deceptive information or misrepresenting yourself, including “spoofing” or “phishing”;

*infringing the intellectual property right of others;

*violating any applicable law or regulation (including without limitation laws related to torts, contracts, export controls, patents, trademarks, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage others to do so;

*violating any terms and conditions of this agreement.

 

If User engages in any prohibited activity under this agreement, We may in Our sole discretion, in addition to any rights of law or equity, suspend or terminate User’s use of the Website or Services without notice or liability and remove all or part of User’s data from the Website or Services.

 

User’s Privacy and Protection

To the extent necessary and for the purpose of providing Our Services to User, We may collect private or sensitive information from User.  Our use and protection of this information is covered by Our Privacy Policy which includes precautions designed to protect this information including encryption, limited and secure user authentication, security monitoring, notification and prosecution of any breach.  Our Privacy Policy will be treated as part of these Terms. Please review our Privacy Policy which governs User’s submission of personal information through Our Website and Services to understand Our practices at: https://highrockexperts.com/privacy-policy/.

 

 

Username and Password Responsibility

If User uses the Website and creates an account to access Our Services, User may be asked to provide personally identifiable information such as your name, location, or email address. (“Personal Information”). If User creates an account, User agrees to provide truthful and complete information and to maintain the accuracy of the information associated with User’s registration throughout the term of the agreement. User further warrants that User is over 18 years of age and has the authority to enter into this agreement.

 

User is responsible for maintaining the confidentiality of User’s account and password. User is responsible for all use of User’s account and for ensuring that access to and use of the account complies fully with these Terms. If User suspects their password has been compromised, User will need to promptly change it and notify Us if possible unauthorized access has occurred on User’s account. Notwithstanding any notification, User provides to Us, User agrees to take responsibility for all actions taken under User’s account or password by User and any third parties including any abuse or unauthorized use.

 

We reserve the right in Our sole discretion to refuse Services, terminate accounts, and remove or edit content if there is a reasonable belief that the accuracy or security of User’s account has been compromised.

 

Your Content

User may as part of your use of the Services post information to share with other users (“Your Content”). User is the owner of Your Content. However, User grants to Us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content as part of the Services.

 

*No Infringement: (a) User warrants that Your Content is an original work, or that User has obtained any and all licenses, assignments or consents necessary, including content, images, logos or other designs; (b) User warrants that no part of Your Content infringes upon or violates the rights of any person or entity, including, without limitation, any copyrights, trademarks or rights of privacy or publicity; and (c) User warrants that for any use of Your Content, User has not received any claim, or is not otherwise aware of any infringement or misappropriation of rights of any other person or entity regarding any content, logos or other designs.

 

User Content

User acknowledges and agrees that all Content, including that available via the Services, is the sole responsibility of the party from whom such Content originated. This means, User, and not High Rock, is entirely responsible for the Content that User provides, uploads, posts, e-mails, transmits, or otherwise makes available through the Services, including but not limited to descriptions, resumes, texts, information, data, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services (“User Content”).

 

We have no obligation to review or monitor User Content.  We do not approve, endorse, or make any representations or warranties with respect to User Content. Your use of User Content is entirely at your own discretion and risk. However, We retain the right to review, monitor, refuse, and remove any User Content which includes Your Content, at our sole discretion and without prior notice including whether the Content violates these Terms or any applicable law.

 

User acknowledges and agrees that the license granted to Us under these Terms allows User Content to be submitted and displayed publicly, such as, without limitation, Content Expert Consultants provide to be listed in the High Rock’s Certified Expert Directory or User Content posted as feedback or testimonials.  Additionally, User profile information, including first and last name, public email address, organization, personal biography, and other information entered in connection with your User profile may be displayed to other Users to facilitate User interaction within the Services.

 

Unless noted in Our Privacy Policy, We have no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.

 

User Content Submission Guidelines

User shall not provide, upload, or submit Content which includes any of the following:

(i)         invasion of privacy/publicity, including content which reveals the personal information of a third party;

(ii)        violence or physical abuse of any kind;

(iii)       defamation, slander or libel;

(iv)       illegal activities of any kind;

(v)        depictions of discrimination or discriminatory content;

(vi)       fraudulent or misleading content (including tags, titles and descriptions);

(vii)      pornographic, lewd or sexually explicit content;

(viii)     content which is clearly inappropriate for children;

(ix)       content involving harassment, intimidation, threats and other inappropriate predatory behavior;

(x)        content which is intended to disgust or shock;

(xi)       and intellectual property or other proprietary content or rights belonging to third parties, including without limitation the use of any third party likeness for which the user has failed to obtain the requisite releases, clearances and authorizations.

 

High Rock reserves the right to:

• (i) refuse to print or publish any Content for any or no reason in our sole discretion;
• (ii) take any action with respect to Content that We deem necessary or appropriate in Our sole discretion, including if we believe that such Content violates these Terms, infringes any intellectual property right or other right of any person or entity, or which could otherwise create liability for High Rock; and
• (iii) disclose information about you to any third party who claims that Content provided by you violates their rights.

 

Infringement of Intellectual Property

If you believe Your Content has been copied in a way that constitutes copyright infringement, contact Us at  [email protected] and provide the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512: (i) signature of a person authorized to act on behalf of the owner of the allegedly infringing work; (ii) identification of the work claimed to have been infringed and information reasonably sufficient to permit us to locate the material on our Services; (iii) contact information of the complaining party; (iv) a statement that the complaining party has a good-faith belief that use of the material is not authorized by the copyright owner; and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the allegedly infringed work.

 

Third Party Providers

We use third parties to sell, deploy, configure and/or support Our Website and Services. By using Our Website and Services, User consents to Our sharing User’s information as necessary to enable third parties’ activities. Third party providers are subject to a separate privacy policy and terms of use. By using Our Website and Services, you indicate that you have reviewed the privacy policy and terms of use of Our third party service providers and agree to both.

 

User further acknowledges and agrees that We do not and cannot control any third party service provider’s technology or actions and are not responsible for any failure to load the Website, cessation or interruption of the Services, compatibility with the Services, or any disclosure, modification, or deletion of User’s data arising from any exchange of User’s data that may occur between Us or other third party providers as part of User’s use of the Website or Services.

 

Third Party Payment Processor – Kajabi LLC

High Rock uses Kajabi LLC to collect and process payments made on Our Website. By providing a payment for the Services, User agrees to be bound by Kajabi’s Terms of Service and consents to Our sharing of User’s information as necessary to enable Kajabi to process payment. Kajabi’s Terms of Service is available at https://legal.kajabi.com/ and the information provided as necessary for processing payment will be governed by Kajabi’s privacy policy available at https://legal.kajabi.com/policies/privacy. It is User’s responsibility to review these policies before making a payment through the Site and agreeing to them.

 

User further acknowledges and agrees that We do not control the technology or actions of Kajabi, LLC. Kajabi LLC is a Third Party Provider as defined by these Terms.

 

External Websites and Links

The inclusion of a link to any other website or resources is for User’s convenience only. We have no control over the content of these outside websites and make no representation as to the accuracy, quality, suitability, functionality, or legality of these websites. User’s use of these websites is entirely at User’s own discretion and risk. External websites are subject to their own separate, specific terms and conditions of use and privacy policies. User acknowledges and agrees that We will not be held liable for any losses, damages, or claims arising from User’s use of these outside websites.

 

SERVICE SPECIFIC TERMS

 

Expert Referral Services

Our Website and Services offer Users ways to identify and connect with Expert Consultants whether through the High Rock Certified Expert Directory or through the High Rock Expert Network Custom Expert Matching Service (“Expert Referral Services”).

 

Users who participate in the Expert Referral Services are subject to these additional terms and conditions which shall be incorporated into Our Terms of Use. If User does not agree to these additional terms, then User should not use the Expert Referral Services.

 

The Expert Referral Services are administrative platforms only.; We are not a law firm, a medical provider, or a financial or business advisor. We provide all information including Expert Consultant information as a reference for Users. No information presented on this Service and/or on the Website or in connection with any communication supported by the Website, including without limitation, real-time video or email communication between Expert Consultants and Users should be construed as medical advice, legal or business advice or an endorsement of any type of action or inaction by High Rock.

 

This information has not been independently verified or vetted by High Rock. We do not recommend, endorse, verify, or guarantee the qualifications, practices, morality, or competency of those listed on the Site or Services as Expert Consultants, nor do we ensure the quality of the services or products provided by them.  Although inclusion in the High Rock Certified Directory requires successful completion of the Basics For Becoming an Expert Witness Course provided by Us, this is not a guarantee, representation, or endorsement of the Expert Consultant or the services they provide by Us.

We may confirm initial information regarding Expert Consultants, but We are not providing investigation into the qualifications, experience, or competency of Expert Consultants or their services. We do not conduct ongoing reviews of an Expert Consultant’s professional status or determine whether they have continued to meet legal requirements regarding their profession. User must not rely on any reference or information provided by Us but will instead use its own due diligence to determine whether the Expert Consultant and the information provided by the Expert Referral Services suits User’s situation and/or whether to interact with, rely on, or engage an Expert Consultant.

Expert Consultants are not employees of High Rock and operate independently. We do not and cannot control the conduct or actions of these independent parties. You are solely responsible for your decision to interact with, rely on, or engage with these independent parties. Any opinions, advice, or information expressed by an Expert Consultant or featured on the Expert Referral Services are of the Expert Consultant and the Expert Consultant alone. They do not reflect the opinions of High Rock and We do not recommend, verify, or endorse any Expert Consultant, advice, strategies, concepts, products, procedures, opinions, or other information that may be mentioned on Our Website or Services, including without limitation the Expert Referral Services.

The term “Expert” in Expert Consultant is not intended as statement by Us regarding an Expert Consultant’s qualifications or suitability to provide User with services and is not intended to be a comparison to any other medical witness consultant’s services or qualifications.

We are not a party to any agreement User may make with third parties or outside resources, including with Expert Consultants or Attorneys and will have no liability or obligations in connection therewith. We expressly disclaim any duty or obligation to perform or execute services in connection with medical expert consultation requests made through the Expert Referral Services. We are not a seller of services relating to medical expert consultation requests or any type of service provider that directly or indirectly engages in or performs any type of business or services relating to medical expert consultation requests made by User through the Expert Referral Services.

 

*User of the Expert Referral Services Responsibilities:

(i) User’s use of the Expert Referral Services is voluntary. User’s use of the Expert Referral Services and any interaction with Expert Consultants including, but not limited to, User’s decision to contact, interact, engage, hire, pay, or enter into an agreement with an Expert Consultant is entirely at User’s own discretion and risk.

(ii) User must independently verify all information offered through the Expert Referral Services including, without limitation, information regarding Expert Consultant’s qualifications, competency, and experience. Users are solely responsible for conducting independent investigations regarding the background, suitability, qualifications, accuracy, competency, and reliability of outside resources including, without limitation, Expert Consultants listed in the High Rock Certified Expert Directory, and Expert Consultants identified through the Custom Expert Matching Service.

(iii) User must independently contract with an Expert Consultant, not Us, to execute work or provide services relating to a medical expert consultation request. High Rock is not a party to any agreement User may enter into with an Expert Consultant regarding executing work in relation to a consultation request (“Engagement Agreement”) made through the Site. The applicable Expert Consultant chosen by User to provide the services in relation to the consultation request shall be solely responsible for the provision of services and sale of goods under the Engagement Agreement. Your interactions with Expert Consultants, your reliance on information provided by Expert Consultants, your participation in promotions of any Expert Consultant, and any other terms, conditions, representations or warranties associated with such interactions including Engagement Agreements are solely between User and the Expert Consultant and not Us.

 

(iv) User must provide information, including contact information, when necessary to facilitate the Expert Referral Services that is accurate and reliable. In providing any such information, User must understand and comply with all applicable laws and regulations including, without limitation, those regarding professional responsibility, the privacy of health information, and conflicts of interest. User acknowledges and agrees that the sharing of any information to independent parties through the Expert Referral Services such as to an Expert Consultant is governed by those independent parties' privacy practices.

 

*Permitted Use of Expert Referral Services: User acknowledges and agrees that the purpose of the Expert Referral Services is to provide information and referral services regarding medical expert witness consultation and retention and User must use the Expert Referral Services solely for this purpose. Any use of the Expert Referral Services for other purposes such as, without limitation, contacting Expert Consultants by mail, email, phone, text or other means of communication for marketing, advertising, or promoting products or services, soliciting the Expert Consultants for other directories, stalking, harassment or other unlawful purpose is strictly prohibited and a breach of these terms for which High Rock may seek legal remedy.

 

*Additional Agreements: Expert Consultants in the High Rock Certified Expert Directory or the High Rock Expert Network Custom Expert Matching Service are subject to additional signed agreements with High Rock regarding participation in these respective services. These contracts will be sent to Expert Consultants directly. Attorneys’ use of the Custom Expert Matching Service is also subject to an additional signed agreement with High Rock which will be sent to Attorneys directly upon their interest in utilizing the service.

 

*Limitation of Liability for User’s Participation in Expert Referral Services: User acknowledges and agrees that High Rock, its employees, managers, shareholders, directors, officers, attorneys, or agents are not responsible for any damage User may suffer as a result of the use of the Expert Referral Services or any information available thereon. User acknowledges and agrees that User is solely responsible for its actions and any use of the information obtained from Our Website or Expert Referral Services.

 

USER ACKNOWLEDGES AND AGREES THAT RELIANCE ON ANY INFORMATION PROVIDED THROUGHT THE WEBSITE AND THE EXPERT REFERRAL SERVICES IS SOLELY AT USER’S OWN DISCRETION AND RISK.

Online Courses

As part of our Services, We offer access to various online courses, programs, and associated materials (collectively the “Online Courses”) in the High Rock Academy section of our Website. By submitting payment or participating in any of the Online Courses as a student (“you”), you voluntarily join the Online Courses and agree to these additional Terms and Conditions (“Online Courses Agreement”), which along with these Terms of Use govern your participation in the Online Courses. In the event of a conflict between the Terms of Use and the Online Courses Agreement, this Online Courses Agreement shall govern. If you do not agree with this Online Courses Agreement, do not submit payment or participate in the Online Courses.  

 

Descriptions and costs of the Online Courses are provided on the Site at https://highrockexperts.com/for-experts/high-rock-academy/#courses.

 

We try to make the course descriptions as accurate as possible. However, we do not warrant the descriptions of the Online Courses are accurate, complete, reliable, current, or error-free. We reserve the right, but not the obligation, to correct any errors, inaccuracies, or omissions regarding pricing or course descriptions on the Site at any time and without prior notice including the right to cancel any purchases containing pricing errors after the receipt of course registration.

 

Bonus Offers. From time to time, High Rock may, at its sole discretion, offer bonus offers to individuals who sign up for the Online Courses. You shall be eligible to receive any applicable bonuses that are offered at the time of your paid registration. Such bonuses, if any, shall be listed in the course descriptions provided on the Site. We reserve the right to provide or withdraw bonus offers at any time without liability to you.

License

 

The Company is the owner, or authorized licensee, of all intellectual property and other rights in the Online Courses including associated materials and all components including any modifications thereto. Your payment for participation in these Online Courses grants you a limited, revocable, personal, non-exclusive, non-transferable license to use our Online Courses including associated materials for your own personal or internal business use. No right, title or interest shall pass to you to in the Online Courses. All rights not expressly granted in these terms or any express license are reserved by us. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Online Courses in any manner.

 

By accessing, purchasing, or participating in the Online Courses, you agree that the Online Courses you purchase, access, or participate in may only be used by you for your personal or internal business use and may not be sold or redistributed without our express written consent. You further agree that you shall not create any derivative works based upon the Online Courses and you shall not offer any competing products or services based upon the information contained in the Online Courses.

 

Access to the Online Courses

Your payment for enrollment in the Online Courses grants you full access to video instruction, course materials, and related information for one year (365 days) from the date of purchase. The specific details of what is included in your access can be found on the Site in the description of the Online Course you selected and purchased.

 

Video portions of the Online Courses may be live and pre-recorded. We reserve the right to restrict access to or modify the courses available as Online Courses at any time, including adding, replacing, or removing videos, modules and/or materials without liability to you.

Termination of Access

High Rock may, in its sole discretion, terminate or suspend your access to the Online Courses without prior notice or liability, for breaching any of these Terms and Conditions and/or Our Legal Terms or violating any of the rules of conduct detailed herein or on the Site, based on the seriousness or repeated nature of any violative, inappropriate or unacceptable Content, and for any reason whatsoever. You acknowledge and agree that termination, limitation of access and/or suspension will be made in our sole discretion and that we shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your account.

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.

Cessation of Online Courses by High Rock

 

If High Rock chooses to discontinue access to its Online Courses by its own decision, not due to unforeseen circumstances, including but not limited to, force majeure, government regulations or operational disruptions, and you have complied with all our policies as outlined in our Terms and Conditions and Terms of Use and have not otherwise engaged in misconduct, High Rock will provide thirty (30) calendar days written notice of the upcoming termination to the email address you provided when registering. As stated in the Refund section of these Terms, you acknowledge and agree that you shall not be entitled to a refund. However, during the 30-day notice period, you may download selected materials, provided at High Rock’s sole discretion, for your own continued personal or internal business use after access to the Online Courses is terminated. You acknowledge and agree that High Rock will not be liable to you or any third party for termination of access to the Online Courses including without limitation whether you do not receive notice or do not download materials within the 30-day notice period as outlined by this section.

Confidentiality

You acknowledge and agree that the Online Courses and the content provided herein, including, but not limited to, associated materials, videos, documents, presentations, live sessions, strategies, concepts, instructions, and discussions, are confidential and intended solely for registered participants. You acknowledge and agree to use commercially reasonable measures to keep the information and content provided in the Online Courses confidential. Except as otherwise authorized by this agreement or as required by law, you shall not distribute, share, reproduce, or disclose any course content to third parties. Unauthorized sharing or reproduction of content provided in the Online Courses may result in legal action including injunctive relief initiated by High Rock or other third parties. You acknowledge and agree that breach of your duty of confidentiality under this agreement could result in significant loss, damages and harm to High Rock or third parties for which you shall fully indemnify and be liable to High Rock as outlined in the Indemnification Section below.

Kajabi.com is our Outside Service Provider for Online Courses

 

Kajabi LLC provides the technical means to make the course content available online to you. Kajabi LLC will be responsible for hosting a site where you can access the Online Courses and will process your payment for your purchase of the Online Courses. You can learn more about their online platform by visiting their site https://kajabi.com/ and their legal policies at https://legal.kajabi.com/ .

 

You will be required to register and set up an account with Kajabi.com to purchase and participate in the Online Courses. Any information you provide as part of these interactions such as your name, address, method of payment, credit card number, and billing information may be collected and retained by Kajabi LLC. Your registration and participation in the Online Courses subject you to their terms of use of as well as their Privacy Policy which can be found at this link https://legal.kajabi.com/policies/privacy.  We are not responsible for the independent policies of Kajabi LLC, you assume full responsibility for your voluntary choice to access the Online Courses through their website and your disclosure of personal information to them.

 

Payment

 

Payment is due and payable when you register for the Online Courses. You may not access or participate in any Online Courses until full payment for the course selection you choose is processed. Payment is processed by Kajabi LLC and subject to their policies listed here: https://legal.kajabi.com/policies/kajabi-payments/

 

No Refunds

 

All purchases of Online Courses are final, and the Company does not offer any money-back guarantees. You acknowledge and agree that you shall not be entitled to a refund for any purchase under any circumstances.

 

Since we have a clear and explicit no refund policy which you are aware of and have agreed to prior to completing the purchase of the Online Courses, we do not tolerate or accept any chargeback threat or actual chargeback from your credit card company. In the event a chargeback is placed, or we receive a chargeback threat after the Online Courses purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address.

 

Downloadable Training Materials

Your paid participation in the Online Courses grants you a limited, revocable, personal, non-exclusive, non-transferable license to use our downloadable training resources including but not limited to templates provided for your own personal or internal business use. Your paid participation in the Online Courses allows you to download the training resources and templates on any single, stand-alone computer, print out multiple copies, and fill in information as requested by the forms for your informational, personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates or downloadable training materials. Where provided, you acknowledge and agree the copyright and trademark notices appearing on any templates and downloadable training materials shall not be altered or removed. All rights, title, and interest, including without limitation all intellectual property rights in the templates and downloadable training materials offered through the Online Courses remain the property of High Rock or its licensors.

By downloading the templates and downloadable training materials, you acknowledge and agree that the materials you download are subject to the Confidentiality Section of this agreement. You acknowledge and agree that the templates and downloadable training materials may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of High Rock. Your further acknowledge and agree that you shall not create any derivative work based upon the templates and downloadable materials or offer any competing products or services based upon any information contained in the Online Courses.

You acknowledge and agree that by downloading templates or other downloadable training materials, you will use them and all related documents or information furnished to or received by you through the Online Courses solely for the purpose set forth in the training materials. Neither High Rock nor Jane Freedman Law, LLC makes any representations or warranties about the accuracy, legal fitness, completeness or efficacy of the templates or other downloadable training materials. The templates and other downloadable training materials do not constitute legal or other advice, including, but not limited to business advice, and you should consult your own counsel for any legal advice or business advisors for any professional business advice regarding use of the templates or other downloadable materials. Neither High Rock nor Jane Freedman Law LLC assumes any responsibility for the accuracy and completeness of this template, and neither is under any duty to update the templates or other downloadable materials at any time. Unauthorized use or copying of this template is a violation of law and may give rise to damages and other legal action.

Live Sessions/Question and Answer Forums

Some Online Courses described on the Site may provide access to live question and answer sessions with paid registration. Your participation in live question and answer sessions is subject to the Confidentiality provisions of this agreement. High Rock will make all commercially reasonable efforts to provide the live sessions as outlined in the course description. However, as outlined in our Disclaimer, High Rock makes no warranties or guarantees the live sessions will always be accessible.

Consent to Recording. If you choose to access or participate in a live question and answer session, you acknowledge and agree that you are at least eighteen (18) years old and that you have the authority to give your consent under this section. You further consent to the live session being recorded for educational purposes or any legal use, including but not limited to publicity, copyright purposes, illustration, advertising, web content, review, distribution to enrolled participants, and future reference. If you choose to access or participate in a live question and answer session, you grant High Rock the irrevocable, non-exclusive, worldwide, unlimited right and license to use, record, store, and share your voice, your likeness, the content of the session, including without limitation any verbal contributions, presentations, or discussions in which you participate, for any purpose including promotional and commercial purposes, without compensation. You further acknowledge and agree that you waive the right to inspect or approve the finished recording.

By participating or accessing a live question and answer session, you hereby release, discharge, and agree to indemnify and hold harmless High Rock, and their agents from all claims, demands, and causes of action that you may have by reason of this authorization or use of my photographic portraits, pictures, digital images, likeness, audio or video recordings, including any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said images, or audio or video recordings, or in processing tending towards the completion of the finished product, including publication on the internet, in brochures, or any other advertisements or promotional materials.

If you do not agree to these terms and do not wish to be recorded, you may opt out by not participating in the live question and answer sessions.

If you are participating in the Basics for Becoming a Medical Expert Witness Course, referred to as BFB, or the Beyond Basics For Becoming a Medical Expert Witness Course, referred to as BFB 2.0, (collectively, the “BFB Programs”), the following terms and conditions also apply to you.

 

The High BFB Member Circle Forum

 

Your participation in the BFB Programs allows you access to the High BFB Member Circle online forum where you may connect with other BFB Programs’ participants to discuss medical expert witness related topics and seek guidance and support. Your access to the BFB Member Circle begins with your paid enrollment in the BFB Programs and continues for the duration of one year (365 days) from your paid enrollment date.

 

The High BFB Member Circle contains bulletin boards, chat areas, forums and other means of communication which you may participate in to communicate with others participating in the BFB Programs (“Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the content and subjects of the BFB Programs or medical expert witness consultation. You agree to respect and abide by any and all rules of the High BFB Member Circle listed on the Site including respect for the privacy and rights of other participants.

 

As one of our Services, your use of the Communication Services to post and send content (“Your Content”), is subject to the applicable provisions of our Legal Terms regarding Your Content and User Content. Please review the information provided in the Your Content and User Content sections of these Legal Terms which outlines your agreed to Terms.

If you participate in the Communication Services, you acknowledge and agree that all User Content, including those available via the Communication Services, is the sole responsibility of the party from whom such Content originated. This means, you and not us, are entirely responsible for the Content that you upload, post, e-mail, transmit, or otherwise make available through the Communication Services, including but not limited to descriptions, texts, information, data, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services.

We have no obligation to review or monitor User Content.  We do not approve, endorse, or make any representations or warranties with respect to User Content. Your use of User Content is entirely at your own discretion and risk. However, we retain the right to disclose information about you to any third party who claims that material posted by you violates their rights, review, monitor, refuse, and remove any User Content which includes Your Content, at our sole discretion and without prior notice including whether the User Content violates these Terms or any applicable law.

Unless noted in our Privacy Policy, we have no responsibility or liability for the deletion or accuracy of any User Content, including Your Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.

High Rock Expert Certification

Certification Requirements. You must complete one of the BFB courses in the BFB Programs. Completion of a course requires that all available video modules are viewed as well as all associated resources and homework have been completed. You must also score 100% on the Final Quiz to become a certified High Rock Expert.

Directory/Network Eligibility. Upon certification, you're eligible for a complimentary one-year (365 calendar days) listing in the High Rock Certified Expert Directory (public directory), where attorneys can contact you directly regarding expert witness consulting and our High Rock Experts Network (private referral network) where High Rock works to connect you with expert witness consultation requests.

You are also eligible for a referral to participate in the Total Trial Solutions network. Please note that the Total Trial Solutions network is an outside resource. Please refer to the External Websites and Links section of our Terms of Use and the No Endorsements/Affiliate Links sections below to understand our policies regarding your interactions with these outside resources.

Activating Your Directory/Network Listing. Information regarding opting into the benefit of participating in the respective directories/networks will automatically be provided within the BFB Programs. In order to opt in and be included in the directories/networks you must provide information as requested through the BFB 2.0 Wrap-Up & Bonus Access sign-up form (“Sign-Up form”).  Additionally, for inclusion in the High Rock Certified Expert Directory (“Directory”) or the High Rock Experts Network (“Network”), you must sign and agree to the applicable contract denoting the terms and conditions for the directory/network you have chosen to participate in.

Timing of Your Directory Listing. You acknowledge and agree that inclusion in the Directory is subject to the BFB 2.0 Wrap-up & Bonus Access Sign-up form (“Sign-Up form”) and an executed Certified Expert Consultant Agreement being submitted in a timely manner to High Rock. The timely submission of the completed Sign-Up form containing your professional Information and the executed Certified Expert Consultant Agreement is expected on the day you complete your certification (“Certification Date”). If the executed Certified Expert Consultant Agreement and the Sign-Up form are both submitted on your Certification Date, your complimentary posting in the Directory will go live in seven (7) calendar days from your Certification Date to allow for internal processing and will remain publicly posted for 358 days before expiration.

High Rock may, at its sole discretion, publicly post your Directory listing earlier than the standard seven (7) calendar day processing period if internal processing is completed ahead of schedule resulting in bonus listing days. However, in no case, shall the total number of days your listing is publicly posted in the Directory exceed 365 days or the Initial Term of the Certified Expert Consultant Agreement. You acknowledge and agree that early posting/bonus days in the Directory shall be deemed discretionary and shall not be interpreted or relied upon as expected or guaranteed.

1. b) You acknowledge and agree that the 358-day term for the complimentary public posting in the Directory begins exactly seven (7) calendar days after your Certification Date, not upon the date of submission of the Sign-Up form, your professional information or the Certified Expert Consultant Agreement to us. Therefore, your late submission of the required documents, which are still subject to the standard seven (7) calendar day internal processing period before posting, will reduce the number of days your listing is publicly posted in the Directory during the Initial Term of the Certified Expert Consultant Agreement as the 358-day term for the Directory listing has already begun counting down from the date of your certification.

Timing of Your Inclusion in the Network. You acknowledge and agree that inclusion in the Network is subject to the Sign-Up form and an executed Expert Witness Consultant Agreement being submitted to High Rock. Your term for inclusion in the Network is outlined in the Expert Witness Consultant Agreement and commences upon the date we have received both the Sign-Up form and an executed Expert Witness Consultant Agreement from you.

Directory/Network Listing Renewals. The terms and conditions regarding renewals are outlined in the applicable contracts for each directory/network.

No Endorsements 

The Online Courses may refer to educational resources that are not offered by us, including but not limited to directories, products, services, printed materials, educators, medical personnel, marketing professionals, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by these resources or parties is accurate or reliable. High Rock provides this information to you as a reference only. It is your responsibility to conduct your own investigation and make your own determination about any such directories, products, services, printed materials, educators, medical personnel, marketing professionals, and/or experts. You acknowledge and agree that we will not be held liable for any losses, damages, or claims arising from reference to outside educational resources in the Online Courses.

Affiliate Links

From time to time, High Rock may participate in affiliate marketing which means that we may earn a commission if/when you click on or make purchases via these affiliate links. High Rock will inform you when one of the links constitutes an affiliate link. As a policy, High Rock will only affiliate with products, services, professionals, consultants, and experts that we believe will provide value to you. However, we do not make any guarantees, representations, or warranties regarding the information, entities, advertisements, programs, goods, or services offered through these affiliate links. Your choice to participate in any of these affiliate offerings is entirely voluntary and at your own discretion and risk. You recognize that it remains your personal responsibility to investigate whether any affiliate offers will benefit you. You will not rely on any recommendation, reference, or information provided by us but will instead conduct your own due diligence and will rely upon your own investigation to decide whether to purchase the affiliate product or participate in the affiliate service. You acknowledge and agree that we will not be held liable for any losses, damages, or claims arising from your use of these affiliate links.

Testimonials​

High Rock may provide testimonials from participants of the Online Courses regarding their experience with the Online Courses. The testimonials are actual statements made by participants of the Online Course and have been truthfully conveyed on the Site. Although these testimonials are truthful statements about the results or experiences of these participants, the results or experiences of these participants are not necessarily typical. Results will vary. You acknowledge and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by participating in the Online Courses.

Waiver and Release of Claims

 

In consideration of your participation in the Online Courses, you, for yourself, heirs and assigns hereby knowingly and voluntarily release, waive, and forever discharge High Rock, its subsidiaries, owners, officers, employees, staff, instructors, directors, principals, trainers, volunteers, and agents from any liability now or in the future, for any claims connected with, due to, or arising out of your participation in the Online Courses including to the fullest extent allowed by law, any such claims which allege negligent acts or omissions.

 

Disclaimers

For Informational and Educational Purposes Only. Any information provided in the Online Courses is for educational and informational purposes only. This information is not intended as, and shall not be understood as legal, financial, tax, medical, health, or any other professional advice. We are providing educational information for your reference, not personalized information. Regardless of anything to the contrary, information available through the Online Courses should not be understood as a recommendation that you should not consult with a professional to address your particular legal, financial, tax, medical, health or other situation. Any Information provided in the Online Courses shall not to be perceived or relied upon in any way as financial or legal advice and is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor.

No Legal Advice. Any information provided in the Online Courses, including but not limited to information contained in the downloadable materials and templates provided by High Rock as well as any information relating to contracts, negotiation or other types of legal matters is provided for general information and does not constitute legal advice. High Rock is not a law firm and is not providing legal advice. High Rock is not aware of your personal situation, and we do not apply the facts or the law to your situation. No information contained in the Online Courses or the downloadable materials including but not limited to contracts or templates is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. Your interactions with High Rock do not create an attorney-client relationship. If you need legal advice for a specific problem, you should consult with a licensed attorney.

No Financial Advice. Any information provided in the Online Courses, including but not limited to information contained in the downloadable materials and templates provided by High Rock as well as any information relating to contracts, negotiation or other types of business strategy, marketing, or financial matters is provided for general information and does not constitute professional or financial advice. High Rock does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of participation in the Online Courses. High Rock is not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind as a result of information provided in the Online Courses. We specifically make no warranty or guarantee that you will experience commercial success as a medical expert or any outcome including satisfaction resulting from your participation in the Online Courses. Your individual results may vary due to your efforts, situation, or any number of other circumstances beyond the knowledge and control of the Company.

No Medical Advice. Any information provided in the Online Courses, including without limitation, real time video or email communications  with medical consultants, is general information for educational purposes relating to medical expert witness consultation and training, it should not be construed as medical advice or an endorsement of any type of medical treatment. High Rock is not a medical provider or a provider of any type of health care services. Your interaction with any medical consultant through the Online Courses does not constitute a patient and medical provider relationship. If you need medical advice, you should contact a proper medical provider.

No Promise of Engagement as a Medical Expert. YOU UNDERSTAND THAT PARTICIPATION IN AND/OR SUCCESSFUL COMPLETION OF AN ONLINE COURSE, INCLUDING BUT NOT LIMITED TO CERTIFICATION THROUGH THE BFB PROGRAMS, DOES NOT GUARANTEE EMPLOYMENT OR ENGAGEMENT AS A MEDICAL EXPERT WITNESS. You hereby acknowledge that you have not been made any promises of future employment by High Rock or any agent, employee, or representative of High Rock and that you are undertaking the Online Courses solely for educational and professional development.

No Liability for Opinions Expressed in Submissions and Contributions. The views and opinions in any User Content or Testimonials are those of the individuals expressing such views and opinions, and do not reflect those of High Rock. We will not be responsible or liable to any third party for User Content or Testimonials.

 

No Warranties or Guarantees. We warrant that we will use commercially reasonable best efforts to provide the Online Courses in a timely and professional manner. TO THE FULLEST EXTENT ALLOWED BY LAW, HIGH ROCK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE ONLINE COURSES AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Without limiting the foregoing, we specifically make no warranty or guarantee that you will experience commercial success as a medical expert witness or any outcome including satisfaction resulting from your participation in the Online Courses. Your individual results may vary due to your efforts, situation, or any number of other circumstances beyond the knowledge and control of High Rock.

Limitation of Liability

 

YOU ACKNOWLEDGE AND AGREE THAT RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE ONLINE COURSES INCLUDING ASSOCIATED MATERIALS AND ALL COMPONENTS THEREOF IS SOLELY AT YOUR OWN DISCRETION AND RISK. YOU ACKNOWLEDGE AND AGREE TO NOT RELY ON INFORMATION PROVIDED BY HIGH ROCK BUT WILL CONDUCT YOUR OWN DUE DILIGENCE AND USE YOUR OWN BEST JUDGMENT BEFORE TAKING ANY ACTION OR INACTION BASED ON THE INFORMATION PROVIDED.

High Rock will not be liable to you for any type of direct, indirect, special, incidental, equitable, or consequential damages for any delays, loss, damage, injury, wasted time and for any other loss or damage of any kind, whether caused by negligence, breach of contract, or otherwise, as a result of your participation in any of the Online Courses. You hereby release High Rock from any and all claims, including, without limitation, those related to personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition, or issue, or otherwise. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

Indemnification

You, on behalf of yourself, your heirs and assigns, agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party in connection with, due to, or arising out of: (1) use of the Online Courses; (2) breach of this Online Courses Agreement (3) any breach of your representations and warranties set forth in this Online Courses Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights and any duties associated with attorney/client privilege or medical confidentiality; or (5) any overt harmful act toward any other user of the Online Courses with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

Notification

 

All notices and other communications given in connection with this Online Courses Agreement shall be in writing and shall be deemed given when sent as an email to the email address submitted with your registration information for the Online Courses.

 

Notifications may be sent to High Rock at: [email protected]

 

Notice shall be deemed served as of the date sent.

 

*Miscellaneous:

Entire Agreement. This Online Courses Agreement incorporated as part of our Terms supersedes any and all other agreements, either oral or written, between the Parties hereto with respect to the License granted hereunder and contains all the covenants and agreements between the Parties with respect thereto. Each party to this Online Courses Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not embodied herein, and that no other agreement, statement, or promise not contained in this agreement shall be valid or binding. Any modification of this Online Courses Agreement will be effective only if it is in writing signed by the party to be charged.

 

Governing Law. Unless otherwise expressly stated herein, your use of the Online Courses and this Online Courses Agreement are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts, without regard to its conflict of law principles.

 

Forum. Any claim or action arising from this Agreement shall be commenced or prosecuted in the state courts located in Middlesex County Massachusetts or the U.S. District Court for the

District of Massachusetts and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

 

Partial Invalidity. If any provision in this Online Courses Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

 

No Relationship. This Agreement does not constitute a partnership agreement, nor does it create a joint venture or agency relationship between the parties.

 

No Waiver. No consent or waiver, express or implied, by any party to any breach or default by any other party in the performance by such other party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of obligations hereunder by such other party hereunder.  Failure on the part of any party to complain of any act or failure to act of any other party or to declare any other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such first party of any of its rights hereunder.

 

Headings and Interpretation. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Online Courses Agreement.  Whenever the words "include," "includes," or "including," are used in this Online Courses Agreement, they shall be deemed to be followed by the words "without limitation."

 

Website Warranties and Disclaimers

PLEASE CLICK ON THE DISCLAIMER LINK ON OUR WEBSITE TO SEE ADDITIONAL DISCLAIMERS WHICH ARE INCORPORATED BY REFERENCE INTO THESE TERMS OF USE.

We proudly strive to provide a Website that is useful and as accurate as possible. However, We make no representation, warranty, or condition that the Website or Services will meet User’s requirements or that the content of this Website is accurate, complete, reliable, current, or error-free. By using Our Website and Services, User implicitly acknowledges and agrees to the following disclaimers.

 

If User finds the Website or Services are not meeting User’s requirements, User’s sole and exclusive remedy is to stop using Our Website and Services.

 

No advice or information, whether oral or written, obtained from User’s use of the Website or Services will create a warranty not expressly made herein.

 

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE TO USER INDIRECTLY OR DIRECTLY FOR ANY DAMAGE OR LOSS INCURRED BY USER OR ALLEGED TO BE INCURRED BY USER WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH USER’S INTERACTIONS WITH ATTORNEYS, EXPERTS, EXPERT CONSULTANTS, USER’S RELIANCE ON REFERRAL SERVICES OR ANY INFORMATION INCLUDING, WITHOUT LIMITATION,  EXPERT AND EXPERT CONSULTANT INFORMATION PROVIDED BY THE SITE.

 

USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USER’S USE OF THE SITE AND THE REFERRAL SERVICES AS WELL AS ALL INTERACTIONS WITH ATTORNEYS, EXPERTS AND EXPERT CONSULTANTS IS AT USER’S SOLE DISCRETION AND RISK. WE WILL NOT BE LIABLE AND USER WILL NOT SEEK TO HOLD US LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, USER’S USE OF THE REFERRAL SERVICES AND SITE, USER’S INTERACTIONS WITH ATTORNEYS, EXPERTS AND EXPERT CONSULTANTS, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY CONSULATATION REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to User.

 

No Warranties or Guarantees

Although We strive to offer the Site, the Services, and information provided herein, including resources available for download or linked through the Site or otherwise provided by HIGH ROCK to be available, accurate, and provide valuable information, THE SITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR SITE. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, USER’S USE OF OUR SITE/AND OR SERVICES IS AT USER’S SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HIGH ROCK DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

 

WE ASSUME NO RESPONSIBILITY FOR (a) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS OR THE CORRECTION THEREOF, (b) PERSONAL INJURY OR ANY OTHER DAMAGE OCCURRING FROM USER’S USE OF OUR SITE, SERVICES OR PRODUCTS REFERENCED BY OR THROUGH THE SERVICES,(c) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVICES AND/OR ANY AND ALL PERSONAL/FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH OR TO THE SERVICES BY A THIRD PARTY (e) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, OR (f) ANY ERRORS OR OMMISSIONS IN ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. IF USER FINDS OUR SITE/AND OR SERVICES ARE NOT AS DESCRIBED USER’S SOLE REMEDY IS TO CEASE USE OF THE SITE AND SERVICES.

 

We will use best efforts to ensure Our Site and Services are delivered as expected. However, We will not be liable for any delays or failure in delivery or performance of any part of Our Site or Services, from any cause beyond our control including, but not limited to, acts of God, supply issues, pandemics, changes to laws or regulations, loss of power, acts of hackers or third party internet service providers.

 

WE DO NOT WARRANT THAT OUR SITE, OUR SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH USER’S USE OF OUR SITE OR SERVICES IS ACCESSED AT USER’S OWN RISK AND USER SHALL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO USER OR USER’S PROPERTY INCLUDING, BUT NOT LIMITED TO USER’S MOBILE PHONE, COMPUTER SYSTEM, OR ANY DEVICE USED TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR ACCESSING SUCH CONTENT.

 

*No Financial Guarantees: High Rock does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of participation in the Services offered by Us. High Rock is not responsible for your earnings, the success or failure of User’s business decisions, the increase or decrease of User’s finances or income level, or any other result of any kind as a result of information provided on the Site or Services. We specifically make no warranty or guarantee that User will experience commercial success as a medical expert witness or any outcome including satisfaction resulting from User’s participation in the Services. User’s individual results may vary due to User’s efforts, situation, or any number of other circumstances beyond the knowledge and control of High Rock.

 

*No Promise of Engagement as a Medical Expert: High Rock does not make any representations or guarantees that User will be engaged or employed as a result of participation in the Services offered by Us. YOU UNDERSTAND THAT INFORMATION PROVIDED THROUGH THE SITE OR REFERRAL SERVICES DOES NOT GUARANTEE EMPLOYMENT OR ENGAGEMENT AS MEDICAL EXPERT WITNESS OR CONSULTANT. User hereby acknowledges that it has not been made any promises of future employment by High Rock or any agent, employee, or representative of High Rock and that information provided by the Site or Referral Services is solely for educational and professional development.

 

Limitation of Liability

By using the Site, User understands and agrees that User is solely responsible for User’s actions and any reliance on the Site, Services, or the information provided herein is at User’s sole discretion and risk. User understands and agrees that User is responsible for using User’s own best judgement and conducting User’s own due diligence and investigation before interacting with the Sites and Services or relying on any information provided herein.

 

TO THE MAXIMUM EXTENT ALLOWED BY LAW, HIGH ROCK, LLC, ITS PARENT COMPANIES, AFFILIATES, RELATED COMPANIES, EMPLOYEES, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, ATTORNEYS, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “HIGH ROCK ENTITIES”) WILL NOT BE RESPONSIBLE OR LIABLE TO USER, AND USER AGREES TO NOT HOLD US LIABLE TO USER, INDIRECTLY OR DIRECTLY FOR ANY DAMAGE OR LOSS INCURRED BY USER OR ALLEGED TO BE INCURRED BY USER WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH USER’S RELIANCE ON OUR SITE, SERVICES OR ANY INFORMATION CONTAINED HEREIN INCLUDING, WITHOUT LIMITATION, THE HIGH ROCK EXPERT NETWORK, THE CERTIFIED EXPERT DIRECTORY, CUSTOM EXPERT MATCHING SERVICE, WEBINARS AND RELATED MATERIALS, BLOGS, NEWSLETTERS, VIDEOS AS WELL AS OTHER RESOURCES AVAILABLE FOR DOWNLOAD OR LINKED THROUGH THE SITE OR OTHERWISE PROVIDED BY THE HIGH ROCK ENTITIES. Without limiting the foregoing, We specifically make no warranty or guarantee that User will experience a particular result or any outcome including satisfaction resulting from User’s participation in the Services.

 

USER ACKNOWLEDGES AND AGREE THAT WE ARE NOT LIABLE AND USER AGREES TO NOT HOLD US LIABLE FOR THE CONDUCT OF THIRD PARTIES INCLUDING WITHOUT LIMITATION, ATTORNEYS, EXPERTS, EXPERT CONSULTANTS, THE OPERATORS OF EXTERNAL WEBSITES AND THIRD PARTY SERVICE PROVIDERS.

 

WE DO NOT MAKE ANY ATTEMPT TO VERIFY CONTRIBUTIONS TO THE WEBSITE BY OTHERS INCLUDING, WITHOUT LIMITATION, THE INFORMATION PROVIDED BY EXPERTS AND EXPERT CONSULTANTS OR THE PRODUCTS/SERVICES REFERENCED OR GIVEN BY USERS OF THE SITES OR SERVICES. USER’S RELIANCE ON INFORMATION PROVIDED BY OTHER USERS IS ENTIRELY AT USER’S OWN DISCRETION AND RISK. USER AGREES THAT WE ARE NOT LIABLE AND USER AGREES TO NOT SEEK TO HOLD US LIABLE FOR RELIANCE ON INFORMATION PROVIDED BY OTHER USERS.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HIGH ROCK ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) USER’S ACCESS TO, OR USE OF, OR INABILITY, TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HIGH ROCK ENTITIES EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE HIGH ROCK ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

User agrees that the High Rock Entities are not liable and User shall not seek to hold Us liable for any type of damages, including direct, indirect, special, incidental, equitable or consequential; including, without limitation, those related to personal injuries, accidents, misapplication of information, loss of data, loss of profits or any other loss, physical or mental, condition or issue, or otherwise, resulting from, arising out of, or in connection with this agreement, User’s use of the Services, and the Site, even if We are expressly advised of the possibility of such damages or difficulties.

USER AGREES NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.  IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES WHERE LIABILITY LIMITATIONS ARE DISALLOWED, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

NEW JERSERY consumers only: the above limitations of liability and waiver of claims may not apply to you, if User’s use of these Sites or Services is solely for PERSONAL use.

 

Indemnification

User agrees to defend, indemnify, protect, and hold Us harmless, including Our subsidiaries, affiliates, and all Our respective officers, agents, partners, and employees from and against any and all losses, damages, liabilities, claims, demands, costs, investigations, judgments, fines, penalties, settlements, interest and expenses including reasonable investigators’, attorneys’, and consultants’ fees made by any third party caused by, relating to, arising out of or in connection with, or due to:

*User’s use of Our Website and/or Services;

*User’s breach or alleged breach of these Terms of Use;

*any breach or alleged breach of your representations and warranties set forth in these Terms of Use

*User’s violation or alleged violation of any laws or regulations;

*User’s violation or alleged violation of the rights of a third party, including but not limited to intellectual property rights and any duties associated with attorney/client privilege or medical confidentiality;

*any overt harmful act toward any other user of the app with whom you connected while using the Website and/or Services.

 

Notwithstanding the foregoing, We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which User is required to indemnify Us, and User agrees to fully cooperate, at your expense, with Our defense of such claims. User agrees that the provisions in this section will survive the termination of your account, the agreement, or access to Our Services. We will use reasonable efforts to notify User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

Dispute Resolution Clause: Mediation

In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Use or the breach thereof, User agrees to first attempt to resolve the matter through mediation.  User or We may initiate mediation by providing written notice to the other party, detailing the nature of the dispute and a request to engage in mediation. User and We shall agree on a neutral mediator within 30 days of the mediation notice. If User and We cannot agree, a mediator shall be appointed by a JAMS neutral. The mediation shall be conducted virtually. The mediation session must take place within 60 days from the date the mediator is appointed, unless otherwise agreed by User and Us. All discussions, communications, and negotiations made during the mediation process are confidential and shall not be disclosed to any third parties or used in any subsequent legal proceedings without the prior written consent of both parties. User and We shall bear our own respective costs related to the mediation, including attorney’s fees, and shall share equally the mediator’s fees and any other common costs of the mediation. User and We agree to participate in the mediation process in good faith and to make a genuine effort to resolve the dispute amicably. If the dispute is not resolved through mediation within 90 days of the initial mediation notice, either User or We may pursue any other available legal or equitable remedies, including arbitration or litigation.

 

By using this Website, User agrees to submit any dispute, controversy, or claim arising out of or relating to these Terms of Use to mediation before pursuing other legal remedies. In any event, all claims, giving rise to mediation must be raised within one year of when you knew or should have known of the cause giving rise to such claim.

 

Electronic Communications

By using Our Services, User consents to receiving electronic communications from Us. These communications may include without limitation invoices, reports of security violations, changes to fees, termination or suspension of Services, and other information regarding Our Services or its third party partners. User may also send electronic communications to Us using the email address specified in this agreement.

 

Both parties further agree that any notices, agreements, disclosures or other communications that either party sends electronically will satisfy any legal communication requirements including that such communication be in writing provided that any communication to User is sent to the email address provided when you signed up for your account and that any communication sent to Us is sent to the email address specified in this agreement.

 

Jurisdiction

This contract shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts. User consents and agrees, without regard to principles of conflict of laws, that all legal proceedings relating to the subject matter of this agreement shall be adjudicated within the state courts located in Middlesex County Massachusetts or the U.S. District Court for the District of Massachusetts and that jurisdiction and venue shall be exclusively within these courts.

 

Entire Agreement

This agreement, together with policies incorporated, represents the entire agreement of the parties concerning the subject matter thereof and is intended to be the final expression of the parties’ agreement and intent. The parties agree that if any terms or conditions stated or referenced to in other documents that relate to a specific service such as the Online Course Agreement, the Certified Expert Consultant Contract, or the Express Witness Consultant Agreement, contradict this agreement, the terms and conditions of those other documents shall take precedence for the specific services they govern.

 

Severability

If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect. The parties expressly agree that this agreement shall not be construed against either party as the drafter of the agreement.

 

Contact Information

Please contact Us with any inquiries regarding Our policies.

By e-mail at: [email protected]

By mail at: High Rock Experts, LLC, 7 Wells Ave., Suite 23, Newton, MA 02459