Terms and Conditions
The TASA Group, Inc. ("TASA") owns and operates this web site ("Site") for the purpose of collecting information regarding experts in a variety of subject areas and making that information available to visitors to the Site who are interested in engaging an expert referred by TASA. The Terms and Conditions in this agreement ("Agreement") govern any use of the publicly accessible portions of the Site. By using the Site, you indicate that you understand and intend that these Terms and Conditions are the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. Note: if you are an expert who TASA chooses to add to its roster, your professional relationship with TASA will be governed by our separate "Expert Contract"; similarly, if you are a client or potential client of TASA, your engagement of an expert referred by TASA will be governed by our separate "Memorandum of Confirmation."
- Grant of License. Whether an expert seeking to be added to TASA's expert roster, a client or potential client of TASA, or another type of visitor, TASA grants to you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with this Agreement. Limited portions of the content on the Site may be accessed, printed, and downloaded by TASA's clients, potential clients, and members of the public on an occasional basis for their own internal use in considering, evaluating, and selecting experts referred by TASA for professional engagements. You may not under any circumstances copy, print, transfer, distribute, and/or download, in any medium, all or substantially all of the entire content of the site. Unless and except as otherwise expressly permitted by this Agreement, you may not modify, create derivatives of, copy, post, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, "deep link," "scrape," data mine, or otherwise use any information or material obtained from or through this Site. Further, you may not post any content from the Site to forums, newsgroups, list servers, mailing lists, electronic bulletin boards, or other web sites, without the prior written consent of TASA, which TASA may withhold in its sole discretion.
- User Representations. You represent and warrant to TASA that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (a) disrupting, impairing, or otherwise interfering with the operation or integrity of the Site (or any related site) or circumventing any Site security system (or that of any related site); (b) collecting any information about other users of the Site (or any related site); (c) systematically extracting data contained in the Site (or any other related site) to populate databases for internal or external use; or (d) attempting to ascertain personally identifying information (e.g., name, address, Social Security number, phone or facsimile numbers, or e-mail address(es)) of any expert whose information has been collected by or who is referenced on the Site.
- Intellectual Property Rights. All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this Agreement, TASA does not grant any express or implied rights to you. The contents of this Site are Copyright 2008 The TASA Group, Inc. All rights reserved. TASA also owns a copyright in the Site as a collective work and/or compilation, and in any and all databases accessible on the Site. TASconsulting; The TASA Group; TASA; TASAnet; TASAmed; TASL; "North America's Largest and Most Experienced Expert Referral Service"; "We Have Your Expert"; "The Single Source For All Your Expert Needs"; "Technical Advisory Service For Lawyers"; "TASconsulting Expert Consulting Solutions"; TASAsearch; "We Have Your Medical Expert"; Technical Advisory Service; "Technical Advisory Service for Attorneys"; "The TASA Group, Inc. Since 1956" and Design Logo, and any combination of them are trademarks and/or service marks or trade names of TASA, Inc. The Site may also include the product and company names, as well as logos, of third parties. Such third-party designations are the trademarks and/or service marks of their respective owners and may not be used improperly without the prior written permission of their respective owners.
- Permission Requests. For information on obtaining permission to use any copyrighted materials beyond the uses permitted by Paragraph 1 above, please contact Customer Service at: experts@tasanet.com
- Submission of Information by Experts Seeking to be Added to TASA Expert Roster. TASA considers and refers experts based on objective criteria such as education, knowledge, background, prior experience, credentials, communication skills, and references. At a minimum, and except as TASA may otherwise provide, all experts seeking to be added to TASA's expert roster (or database) must accurately submit and update as necessary the following information:
- Your most recent resume or curriculum vitae;
- A brief cover letter referencing relevant forensic work you have performed, and any areas of expertise that do not appear in your resume;
- At least two professional references;
- Information regarding relevant current certifications and licenses, including dates; and
- Information regarding any complaints, grievances, litigation or administrative proceedings filed against you, and the current status of such proceeding.
Please see the Site's For Experts page for additional information on how to submit your materials.
TASA also welcomes user feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "Submissions") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for TASA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary.
Note that the submission of information to TASA, whether through the Site or otherwise, does not obligate TASA in any way to (a) include you in its expert roster or (b) if it does so, to necessarily refer to you any proposed engagements. Moreover, if TASA does choose to add you to its roster of experts, TASA may delete you from that roster at any time in its sole discretion; your sole remedy will be the refund of any fee that you paid for the past year in connection with being included in TASA's roster.
- Privacy Policy. Please see TASA's Web Site Privacy Policy for a summary of TASA's personal data collection and use practices with respect to the Site. By using this Site, you consent to TASA's collection and use of personal data as outlined in TASA's privacy policy and as discussed above in Paragraph 5. Please note that the following supersedes that Privacy Policy if you are an expert who seeks to have TASA add you to its roster of experts: TASA will make certain personal information and materials available to visitors to the Site in order to enable visitors to ascertain whether they are interested in engaging you as an expert. Such information and materials include but are not limited to: redacted portions of your resume or CV; relevant experience, education, current certifications and licenses, and other public information. TASA will not, however, make publicly available at the Site your name, address, Social Security number, phone or facsimile numbers, or your e-mail address(es).
- Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although TASA has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, TASA is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. TASA shall not have any liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
- Enforcing Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, TASA reserves the right to view, monitor, and record activity on the Site without notice or further permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. TASA will also comply with all court orders involving requests for such information.
- Experts are Independent Contractors; Third-party Information and Links to Other Sites. If you are a client or potential client, please note that the experts referred by TASA are independent contractors, not employees of TASA. Experts are free to accept or decline any TASA referral and are free to accept assignments from other sources. TASA is neutral and has no stake in the outcome of any case, or in the selection of any expert TASA brings to your attention, other than our sincere desire to make the best possible match for you. When considering which experts to refer to a client, we base our decisions on factors including our understanding of your requirements and a candidate's experience, background, location, communication skills, and availability. TASA makes no representation, endorsement or guarantee regarding any expert, any submissions relating to any expert, any outcome from the selection of any expert, or that any selection will occur.
TASA may describe, reference, or provide links, in its sole discretion, to other information, products, services or sites on the Internet for your convenience in locating related information and services. Any descriptions of, references to, or links to other products, publications or services does not imply endorsements of any kind, unless expressly stated by TASA. Any such information, products, services or sites have not necessarily been reviewed by TASA and are provided or maintained by third parties over which TASA exercises no control. In addition, to the extent that they were reviewed by TASA, TASA undertakes no responsibility for continually monitoring such information and/or sites; the third-party material when TASA viewed it may differ materially than when you do. Accordingly, TASA expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by, or advertised by third parties.
- Events Beyond TASA's Control. You expressly absolve and release TASA from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
- DISCLAIMERS. TASA PROVIDES THIS SITE AND ALL OF ITS CONTENT ON AN "AS IS" BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TASA MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY OF ITS CONTENT. FURTHER, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES FEATURED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TASA MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE AND THE CONTENT IT PROVIDES.
UNDER NO CIRCUMSTANCES WILL TASA BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THIS SITE OR THE CONTENT IT PROVIDES, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT, OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD-PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF TASA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE EXTENT PERMITTED BY LAW, TASA DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND ITS CONTENT. IN ANY EVENT, THE AGGREGATE LIABILITY OF TASA FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE AND ITS CONTENT SHALL NOT EXCEED $150.
- Indemnity. You agree to indemnify and hold harmless TASA and its affiliates, related companies, and all of their officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and court costs) arising out of any third-party claims based on or related to your use of this Site or any breach by you of these Terms and Conditions.
- Governing Law and Forum. This policy shall be governed by the laws of the United States and those of the Commonwealth of Pennsylvania, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be Philadelphia, Pennsylvania. You agree to submit to the jurisdiction of the state and federal courts in Pennsylvania for the purposes of any judicial proceedings relating to or arising from this Agreement.
- Term, Termination, Amendments. TASA reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice. Please note that TASA reserves the right to change the Terms and Conditions under which this Site is made available to you, upon notice, which may be given by TASA posting such modifications on the Site, by e-mail, or any other reasonable way. Your continued access or use of this Site following notice of such modifications will be conclusively deemed acceptance of any changes to this Agreement. You agree that notice of changes to this Agreement posted on the Site, delivered by email, or provided in any other reasonable way, constitutes reasonable and sufficient notice.
- Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by TASA of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
- Nature of Relationship/Severability. No joint venture, partnership, employment, or agency relationship exists between you and TASA as a result of this Agreement or your use of this Site. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
- Entire Agreement/Reservation of Rights. Except as noted in this Agreement, these Terms and Conditions and TASA's Privacy Policy represent the entire agreement between you and TASA with respect to your access to or use of any material available on or through the Site, and it supersedes all prior communications and proposals, whether electronic, oral, or written between you and TASA with respect to your use of this Site. Any rights not expressly granted under this Agreement are reserved. As noted previously, if you are an expert who TASA chooses to add to its roster, your professional relationship with TASA will be governed by our separate "Expert Contract"; similarly, if you are a client or potential client of TASA, your engagement of an expert referred by TASA will be governed by our separate "Memorandum of Confirmation."