Terms & Conditions

Overview

Retain is a marketplace that connects law firms and attorneys ("Clients") with physicians and other medical professionals ("Experts") for litigation-related consulting, including record review, case-merit evaluation, deposition, and trial testimony (each an "Engagement"). Participation in any Engagement is subject to mutual agreement between the Expert and the Client. Every Engagement is a direct relationship between the Expert and the Client, on terms they agree between themselves. Retain is not a party to any agreement between an Expert and a Client and has no responsibility for the performance of either party under such an agreement.

Terms for Clients (Law Firms)

Fees

Searching the Platform and receiving candidate matches is free. You pay Retain a per-search fee, stated at the time of your request, only when you are matched with and confirm an Expert for a case. Retain's fee covers search, verification, and matching only. Retain takes no share of any fees you agree to pay an Expert; you compensate your retained Expert directly, and payment of Expert fees is solely your responsibility.

Non-circumvention

For twenty-four (24) months after an introduction, you agree not to engage an Expert first introduced to you through Retain for new consulting work while bypassing the Platform, without our prior written consent. Doing so is a material breach of these Terms.

Your responsibilities

You are responsible for evaluating any Expert's suitability for your matter, for all agreements you enter into with Experts, and for your own compliance with applicable law and professional rules, including rules governing expert discovery and disclosure in your jurisdiction.

Terms for Experts (Physicians)

Accuracy of information

You represent that all information you submit, including your CV, licensure, board certifications, experience counts, and fee schedule, is true, accurate, and current, and that you will promptly update it if it changes. Submitting false or misleading information is grounds for immediate removal from the Platform.

Professional standing

You represent that you hold an active license in good standing in at least one U.S. jurisdiction and that you have disclosed any disciplinary actions, license restrictions, or pending proceedings against you. You must notify us within five (5) business days if your standing changes.

Engagement conduct

Before accepting any Engagement you must confirm that you have no conflict of interest, that participation does not breach any duty or agreement you owe a third party (including any employer or institution), and that you will maintain the confidentiality of all case information shared with you. Your opinions must be your own, honestly held, and independent; Retain never directs the substance of any Expert's opinion.

No employment relationship

Experts are independent professionals. Nothing in these Terms creates an employment, agency, or partnership relationship between you and Retain.

Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms. You acknowledge that we may share information you provide about your consulting needs with prospective Experts, and that we may share a verified Expert's profile information with prospective Clients.

Indemnification

You agree to indemnify and hold harmless Retain and its officers, directors, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising out of (i) your breach of these Terms, (ii) any agreement between you and an Expert or Client, or (iii) your acts or omissions in connection with any Engagement.

Disclaimers; Limitation of Liability

The Platform is provided "as is" without warranties of any kind, express or implied. Retain makes no warranty regarding any Expert, Client, or Engagement, and disclaims all liability arising from them. To the maximum extent permitted by law, Retain will not be liable for indirect, incidental, consequential, exemplary, or punitive damages, and Retain's aggregate liability under these Terms will not exceed the fees you paid to Retain in the twelve (12) months preceding the claim.

Governing Law; Arbitration

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Any dispute arising from these Terms shall be finally settled by binding arbitration administered by the American Arbitration Association under its rules then in effect, and judgment on the award may be entered in any court of competent jurisdiction. Both parties waive any right to a jury trial.

Changes; Miscellaneous

We may modify these Terms from time to time and will notify you of material changes; continued use of the Platform after notice constitutes acceptance. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. You may not assign these Terms without our prior written consent.

Contact

Questions about these Terms: legal@retainexpertwitness.com