Terms and conditions

These terms and conditions are applicable to you as a visitor and/or registered user of Exlitem. By using this website and any of its related services (“Services”), you accept, acknowledge and agree to be bound by these terms and conditions. If you are using the Services on behalf of your employer, a law firm, an expert witness location firm or any other organization, you agree and expressly assert that you have been duly authorized by such an organization to accept these terms and conditions.

These terms show how Exlitem operates, the laws we follow, and our core beliefs. They help explain our relationship with you when you use our Services. They apply to exlitem.com and all the websites and apps that we own or run.

The Services are provided:
In USA and Rest of the World, by:
Exlitem, Inc. organized under the laws of the State of Delaware, USA, and operating under the laws of the USA with its primary place of business at:
228 Park Avenue South PMB 431825 New York, NY 10003 US
In India, by:
Exlitem Private Limited
We Work Berger Delhi One Sector 16B, C-001/A2 Gautam Buddha Nagar Noida, Uttar Pradesh 201301, IN
We, us, our or Exlitem – they all mean Exlitem, Inc. and/or Exlitem Private Limited and their affiliates.
Your right to use our Services is limited and non-exclusive
We welcome you to use our Services through a limited, non-exclusive, non-transferable license to do so. However, your rights under this license are limited to the extent provided by these Terms and Conditions. If you violate the terms of the license, we will suspend your account and take away your access to Exlitem. When we do so, we will inform you and you MUST stop using our Services immediately.
We provide these services on an “as is” basis and do not guarantee that they will always work as expected or work at all. We may stop providing the Services or a part thereof at any point without being required to give you any notice.
Our intellectual property is ours – the license doesn’t allow you to exploit it
Your license to use our Services does not include the license to use our intellectual property. Examples of our intellectual property include the content posted on our web pages, our logo, our name and any other similar protected artefact that belongs to us.
Your intellectual property is yours – you grant us a license when you post it to Exlitem
You may interact with our Services and post content, images, documents or any other materials which may constitute your “intellectual property” owned by you. This may include an article, a comment, a review, a piece of information about you or a copy of your resume, brief, pleading, motion or any other artefact written or owned by you. By providing or uploading this information on Exlitem, you grant us a non-exclusive, royalty-free, perpetual, permanent, non-revokable worldwide license to use and exploit the intellectual property in any lawful manner deemed fit by us.
You agree that you will ONLY post the following materials on Exlitem: - Materials on which you have a copyright - Materials which constitute public information and are publicly available - Materials which are in the public domain
You agree to take responsibility for any copyright claims related to content you post on Exlitem. You will protect, compensate, and defend us, our partners, employees, and representatives against any costs or legal actions resulting from your content.
Your Registration Information
We may require you to register and provide information such as Name, Email, Organization’s Name and other details depending on how you choose to interact with us. You agree to provide us with true and accurate information as required by our registration forms. We reserve the right to suspend or terminate your account and ban you from using Exlitem in the future if we have reasons to believe that you have not been truthful and accurate in providing us with your registration information.
Your Credentials to Use Exlitem
Upon registration, you will receive credentials such as a username and password to access Exlitem. You are not permitted to share your credentials with any other individual in order to enable them to use Exlitem. You agree to immediately notify us of any unauthorized use and change your password immediately if you suspect that your account may have been compromised.
Exlitem’s Concierge Services
Exlitem provides Concierge Services to anyone, including attorneys, law firms and corporations whereby it searches, identifies and suggests experts and consultants to its “clients”. As a Concierge client, you agree to pay a “Success Fee” for each expert witness retention that you make using our Services.
The success fee for each retention is detailed in the invoice presented to you and must be paid upfront before you retain and begin working with the expert.
Our success fee does not include any fees that you must pay to the expert for their services. It is your sole responsibility to pay such fees directly to the expert.
Exlitem will not be liable in any manner whatsoever for the payment of the experts’ fee or in resolving any fee related disputes between you and the expert.
Exlitem for Expert Witnesses and Consultants
As an expert witness and/ or consultant, Exlitem welcomes you to claim your existing Profile on Exlitem, create a free profile or upgrade to a paid profile to enable attorneys to find and contact you for their consulting and testifying needs.
By claiming your Exlitem profile, you agree to grant us a non-exclusive, non-revocable, worldwide license to display your profile to Exlitem’s users.
Exlitem for Expert Witness Recruiters and other Commercial Users
If you are an expert witness recruiter or want to use Exlitem to offer a commercial service to attorneys, law firms and other primary users who directly engage expert witnesses, please reach out to us for a commercial access license. You are prohibited from signing up for Exlitem’s Search service and using our search services to search and identify expert witnesses.
Exlitem Search Engine Users
An attorney, a law firm employee, a paralegal, a law librarian, a KM professional or any other legal researcher who is in direct need of locating and retaining an expert witness for themselves or their employer are considered primary users of Exlitem.
This expression excludes expert witness recruiters, search agencies, expert directories and other commercial users.
Exlitem Search Engine Users may run searches and use our search engine to look for, compare, vet and contact expert witnesses directly. However, such users should be aware that Exlitem is not an “expert witness directory” and an expert witness found using Exlitem may or may not have a relationship with Exlitem.
Search Engine Users must conduct their own research, due diligence and vetting before reaching out to and retaining an expert. The mere inclusion in Exlitem’s search database does not attest to the qualifications, reliability, efficiency, credibility or any other desirable or undesirable attributes of an expert witness.
We will not be liable for any losses or other consequences that a user suffers due to their interaction with an expert witness who is included in our search engine database.
Indemnification
You agree to protect and compensate us and our representatives against any third-party claims, demands, or damages resulting from:
(a) content you post or share (including content considered defamatory or harmful);
(b) activities through your account (including all posts and interactions);
(c) your use of or reliance on any user content; and
(d) your violation of these terms. This includes covering our attorney fees and costs. We may choose to take control of any defense at our own expense, and you agree to cooperate with us in handling these claims.
Disclaimers
Your access to and use of our sites and services, and your reliance on any content accessed through them, is entirely at your own risk. Our sites and services are provided "as is" or "as available," with no warranties of any kind.
All express and implied warranties (including warranties of merchantability, fitness for a particular purpose, and non-infringement) are explicitly disclaimed.
Additionally, we disclaim all warranties regarding:
(a) the security, reliability, timeliness, accuracy, and performance of our sites, services, and accessed content;
(b) any computer worms, viruses, spyware, adware, or other malicious code or harmful content received or through our sites and services;
(c) any transactions or potential transactions, goods or services promised or exchanged, or any information,advice, content, interactions, or communications through our sites and services or accessed content
These disclaimers apply to the fullest extent permitted by law. In some jurisdictions, certain disclaimers of implied warranties may not apply.
Limitations of Liability
We and our representatives are not liable for any access to, use of, or reliance on our sites and services or content accessed through them by you or anyone else. This includes any transactions, communications, interactions, disputes, or relationships between you and any other person or organization related to our sites and services or content. We are not liable for any harm, injury, loss, or damages of any kind (including direct, indirect, incidental, special, consequential, statutory, exemplary, or punitive damages), even if we have been advised of the possibility of such damages.
This limitation applies regardless of whether the liability arises from authorized or unauthorized access to or use of our sites and services, inability to access or use them, or any removal, deletion, limitation, modification, interruption, suspension, discontinuance, or termination of our sites and services or content accessed through them. This limitation also covers damages resulting from any transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other interactions, communications, or relationships through or related to our sites and services or accessed content.
Our total liability in connection with access to, use of, or reliance on our sites and services or accessed content will not exceed the amounts you paid to us, if any. The total aggregate liability arising from this agreement will not exceed the amounts you paid in the six months before bringing any claim or $500, whichever is less. If you have not paid any amounts in the six months before bringing a claim, your sole remedy is to stop using our sites and services and cancel your account, if any
You release us and our representatives, subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers, and suppliers from all claims, demands, and damages of every kind related to our sites and services or accessed content, and any interactions with others arising from or related to them. You expressly waive California Civil Code Section 1542 and similar laws in other jurisdictions, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor."
These limitations apply to the fullest extent permitted by law.
Limitations of Liability
Under California Civil Code Section 1789.3, California users have the following consumer rights notice:
If you have a question or complaint regarding the site, please email us at [email protected]
Jurisdiction
For any disputes arising out of your usage of Exlitem in the US and anywhere else in the world except India, you agree to submit to the jurisdiction of Courts in the State of New York.
These Terms & Conditions are governed by New York state law, ignoring conflict of law principles. Any disputes related to these Terms will be resolved through arbitration in New York City under the American Arbitration Association's rules. By agreeing to these terms, you waive any right to a jury trial for such disputes. The arbitrator can grant fair remedies within the arbitration agreement but cannot override the Limitation of Liability. The arbitrator's decision is final and binding and can be enforced in any court with jurisdiction. You agree to the jurisdiction of New York's federal and state courts.
For disputes arising out of your usage of Exlitem in India, you agree to submit to the jurisdiction of Courts in the National Capital Territory of Delhi. The seat of the Arbitration will be in New Delhi and disputes will be resolved through arbitration in New Delhi under the Indian Arbitration Act and the rules therein.
Inquiries and Contact
By using our sites and services or accessing them, you agree that submitting your phone number counts as an inquiry, allowing us or our affiliates to contact you, even if your number is on any Do Not Call lists.
You authorize us to call you at the provided number, which may include automated or prerecorded messages. You agree that calls to or from us may be monitored or recorded for training or quality purposes.