THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.

Terms and Conditions of Service

Effective Date: September 15th, 2024

LexFund, Inc. (hereinafter “LexFund”, “we”, or “us”) provides the websites https://lexfund.com/, https://app.lexfund.com/, https://api.lexfund.com/, and https://app.lexfundconnect.com/ (the “Sites”), our software, data, content, information, tools, functionality, updates, and similar materials delivered or provided by us (collectively, the “Service”), subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”). 

This Agreement sets forth the legally binding terms and conditions governing your use of the Service. By using the Service or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Service.

This Agreement is subject to change. If this Agreement changes, we will let you know by posting the revised Agreement on the Service and/or otherwise making you aware of the changes. Your continued use of the Service following our notice of changes to this Agreement (or other method of legal acceptance) means you accept such changes. Please refer to the “Effective Date” date above to see when this Agreement was last updated.

1. Right to Access

As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive right to access, receive, and use the Service. No rights not explicitly listed are granted.

2. Incorporated Terms

The following additional terms are incorporated into this Agreement as if fully set forth herein:

• Privacy Policy – available at https://lexfund.com/documents/privacy-policy

• Copyright Policy

• Complaint Policy (including Trademark and Privacy)

3. Overview

The Service is designed to, among other things, permit attorneys (“Attorneys”) to solicit and engage with entities willing to provide litigation funding (each, a “Funder”), and to provide virtual data room (“Data Room”) functionality. In order to access and use certain functionality within the Service, Attorneys and Funders must create an account (an “Account”).

Prior to funding a Case (as defined below), each Funder must create Account and pair it with one or more payment methods (“Payment Method”), including without limitation a valid bank account. Similarly, prior to receiving funding, Attorneys must also create an Account and link it to a Payment Method in order to receive the funds. All information about Payment Method(s) must be accurate, up to date, and complete before a user may access or use the Service.  Verification of information may be required prior to the completion or acknowledgment of setting up any Payment Method. The Service can be used by Attorneys and Funders prior to setting up the Payment Method, but the Payment Method must be set up prior to funding a Case, or receiving funding, as applicable to the party.

From time to time, a Funder may agree to fund a litigation claim, or a case that comes from it, for which an Attorney solicited funds on the Service (each, a “Case”), and an Attorney agrees to accept such funding from the Funder (“Funding Amount”) on the terms to be agreed in a Funding Agreement (as defined below).  The relevant Attorney and Funder shall enter into a written agreement (naming LexFund as a third-party beneficiary) relating to such Case funding (“Funding Agreement”) and promptly providing a copy of the fully executed Funding Agreement to LexFund.   Such Funding Agreement shall specify the 2% fee to be payable to LexFund in accordance with this Agreement.

For the purposes of this Agreement, if you are an employee, agent, or other representative of a company or an organization, “you”, “your”, and similar terms shall refer to such an entity and you hereby represent your ability to bind that company legally to the terms of this Agreement.

4. Eligibility

Some parts of the Service may not be available to the general public, and we may impose additional eligibility rules from time to time on those portions of the Service. We reserve the right to amend or eliminate these eligibility requirements at any time.

By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, and that you commit to abide by all the terms and conditions herein.

5. Important Notices

While we make reasonable efforts to ensure that the Service remains available at all times, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that you will be able to access or use the Service, or its features, at all times. 

THE SERVICE, AND ANY CONTENT (DEFINED BELOW) POSTED THEREIN, ARE FOR INFORMATION PURPOSES ONLY. NOTHING CONTAINED WITHIN THE SERVICE, OR PRODUCED BY THE SERVICE, CONSTITUTES LEGAL OR FINANCIAL ADVICE.  CONSULT WITH YOUR LEGAL OR FINANCIAL ADVISORS, AS APPLICABLE, BEFORE RELYING ON, OR TAKING ACTION WITH RESPECT TO, ANY MATERIALS ON, OR PRODUCED BY, THE SERVICE.

LEXFUND IS NOT A LICENSED BROKER, DEALER, OR REGISTERED INVESTMENT ADVISOR, NOR DOES IT PROVIDE PERSONALIZED INVESTMENT RECOMMENDATIONS OR FINANCIAL ADVICE. ANY INVESTMENT DECISIONS ARE SOLELY THE USER’S RESPONSIBILITY AND THE USER SHOULD CONSULT WITH A QUALIFIED FINANCIAL ADVISOR BEFORE MAKING ANY INVESTMENT DECISIONS. WE DO NOT REPRESENT OR WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT PROVIDED BY ANY USER OF THE SERVICE.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.

The Service may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right, but we are not obligated,  to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.

PRIOR TO ENTERING ANY FUNDING AGREEMENT, THE ATTORNEY AND FUNDER MUST CONDUCT REASONABLE DILIGENCE.  LEXFUND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALIFICATIONS, LICENSES, STATUS, OR ANY OTHER INDICATION OF EITHER AN ATTORNEY’S OR A FUNDER’S ABILITY TO PERFORM WITH RESPECT TO A GIVEN CASE OR THE FUNDING AMOUNT, OR THEIR ABILITY TO GENERALLY CONDUCT THEIR RESPECTIVE BUSINESS. THIS INCLUDES, BUT IS NOT LIMITED TO, QUALIFYING AS AN ACCREDITED INVESTOR (AS DEFINED BY THE SECURITIES AND EXCHANGE COMMISSION), IF APPLICABLE.

6. Platform Integrity

You, as a user of the Service, acknowledge and agree that the material value of the Service is derived from its relationships with its Attorneys and Funders. Thus, as additional consideration for your right to use the Service, you agree that for a period starting when you first use the Service through a period of one (1) year after the settlement or final adjudication of the Case that appeared on the Service (the “Period”), you will not, directly or indirectly: (i) solicit, engage, or accept any solicitation from any Funder with whom you became connected on the Service to provide funding for the Case that was registered or otherwise shared with the Funder via the LexFund platform, as an Attorney, other than through the Service; and (ii) approach, solicit, bid, or seek to fund, or accept solicitation or a funding proposal, for the Case with any Attorney, or law firm with whom you became connected on the Service, as a Funder, other than through the Service.

In the event that an Attorney would like to be funded by a Funder, or a Funder would like to fund an Attorney, that is on the Service outside the Service during this Period, it may contact LexFund at [email protected] to discuss the terms of such arrangement and compensation for LexFund in relation to same.

7. Payments and Termination

The Funder shall pay to LexFund a processing fee in the amount equal to 2% of the Funding Amount, and of any additional funding amount which may be provided by the Funder after the signing of the Funding Agreement in respect of the Case, a follow-on or a related claim of the Case, or an appeal of the Case (“Fees”).

The processing Fees shall be payable on the date of the initial drawdown (even if the total Funding Amount is to be paid across several drawdowns/installments) and shall be either automatically deducted from the initial drawdown amount transferred through LexFund’s portal, Orum.io, or, if the Funding Amount is not transferred through Orum.io, then the Fee shall be invoiced by LexFund to the Funder with such invoice to be paid on the date of the initial drawdown. LexFund shall have the right to assess a late payment charge on any overdue amounts equal to the lesser of two percent (2%) per month, or the highest rate allowed by law. For the avoidance of doubt, the Fee is not a broker fee.

Fees and other charges do not include federal, local, foreign, or similar transaction taxes (“Taxes”) now or hereafter levied, all of which shall be your responsibility. If we are required to pay Taxes on your behalf, you shall be invoiced for such Taxes and shall reimburse us for such amounts as described herein.

YOU MAY CANCEL YOUR ACCOUNT AT ANY TIME. TO CANCEL YOUR ACCOUNT, PLEASE LOGIN TO THE SERVICE AND FOLLOW THE INSTRUCTIONS THEREIN OR EMAIL [email protected] FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT WITH THE SUBJECT “CANCEL MY ACCOUNT.”

All Fees are non-refundable, and non-dischargeable, including any charges incurred prior to termination of a Funder’s account.

To collect and/or process Fees, we use Orum.io, a third party, to process payments (the “Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. WE ARE NOT RESPONSIBLE FOR ERROR BY THE PAYMENT PROCESSOR, ATTORNEYS, OR FUNDERS WITH RESPECT TO ANY PAYMENT REQUESTED, AGREED TO, OR MADE ON, THROUGH, OR IN RELATION TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ERRORS IN ACCOUNT DATA OR AMOUNTS FUNDED. USERS ARE RESPONSIBLE FOR ANY FAILED TRANSFERS, AND ANY COSTS, EXPENSES, OR PENALTIES INCURRED BY LEXFUND AS A RESULT. You agree to provide us accurate and complete information about you and your chosen Payment Method. You authorize us to share such information as well as transaction information with the Payment Processor. You agree to pay us, through the Payment Processor, all applicable Fees. You agree to make payment using that selected Payment Method, and you authorize us, through the Payment Processor, which shall charge your Payment Method at the time of (initial) funding. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You represent and warrant that you have the legal right to use any Payment Method that you provide and that such Payment Method has sufficient funds to pay the applicable Funding Amount and the Fee.

You may terminate your use of the Service and/or your Account at any time, provided, however, that a Funder’s duty to pay any Fees incurred shall survive such termination.  For the avoidance of doubt, a Fee accrues where the applicable Funder first becomes aware of the Case that is funded on, or through, the Service.

8. Rules of Conduct

Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.

You represent and warrant:

• that the information that you have provided on the Service is complete, accurate and true, and agree to update it as necessary;

• that you, and if applicable the business or entity that you represent on the Service, have/has the express, informed consent of any person(s) whose personal or contact information that you will provide us, either directly or through the Service and that your business complies with all applicable anti-money laundering regulations;

• you, and if applicable the business or entity that you represent on the Service, are/is licensed and qualified to post, upload, communicate with us about, and make decisions based upon, the materials or information that you make available, or that is otherwise available on, the Service, as required by applicable law, regulation and best industry standards; and

• you, and if applicable the business or entity that you represent on the Service, are/is not a competitor of ours.

You agree that you will not violate any applicable law or regulation in connection with your use of the Service or any Content (as defined below) contained therein. 

You are solely responsible for any and all of the actions you take, or decisions that you make, relating to or arising from your use of the Service.

You agree not to distribute, upload, make available or otherwise share through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submission”) or any graphics, text, information, data, designs, instructions and/or schematics, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (collectively “Content”) that:

• is unlawful or unethical, or that encourages another to engage in anything unlawful or unethical;

• contains a virus or any other similar programs or software which may damage the operation of our or another’s computer(s);

• violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; or

• is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.

You must keep your username and password and any other information needed to login to the Service, if applicable, confidential and secure. We are not responsible for any unauthorized access to your Account or profile by others.

You further agree that you will not do any of the following:

• modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;

• interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;

• transmit to or make available in connection with the Service any denial-of-service attack, virus, worm, Trojan horse or other harmful code or activity;

• attempt to probe, scan or test the vulnerability of a system, a network, or the Service or to breach security or authentication measures without proper authorization;

• take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

• harvest or collect the email address, contact information, or any other personal information of other users of the Service;

• use any means to crawl, scrape or collect content from the Service via automated or large group means;

• submit, post or make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;

• breach, through the Service, any agreements that you enter, or have entered, into with any third parties;

• stalk, harass, injure, or harm yourself or another individual, or attempt to do any of the foregoing, through the Service;

• direct or encourage another user or individual, through the Service, to do something that is unsafe, or that a similarly situated, reasonable person wouldn’t have an expectation of safety; or

• impersonate any other person or business.

You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.

We reserve the right, in our sole discretion, to protect our users from violators and violations of these rules of conduct, including but not limited to restricting your use of the Services, restricting your ability to upload Submissions or Content, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.

9. Content Submitted or Made Available to Us

You are under no obligation to submit anything to us or through use of the Service, and unless otherwise noted, we will not claim ownership of any Submissions or Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce, create derivative works, and otherwise use the Submissions or Content that you make available to us, if any. Therefore, if you choose to submit any Submissions or Content through or on the Service, or otherwise make available any Submissions or Content through the Service, you hereby grant us a perpetual, irrevocable, transferrable, sub-licensable through multiple tiers, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Submissions or Content for internal LexFund purposes only, including without limitation distributing part or all of the Submissions or Content in any media format through any media channels. Notwithstanding anything to the contrary in this Agreement, LexFund shall only use or access Submissions or Content in a Data Room to the extent required to do so by applicable law or valid court order or subpoena, or to enforce the terms of this Agreement.

By submitting any Submissions or Content to us you hereby agree, warrant and represent that: (a) the Submissions and Content do not contain proprietary or confidential information, and the provision of the Submissions and Content is not a violation of any third party’s rights, (b) all such Submissions and Content are accurate, complete, and true, (c) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.

You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material at any time.

10. Content Shared Through the Service

You understand that by sharing information on the Service, by participating in the Service, and by requesting information to be sent through, or downloading information from, the Service, you may be revealing information about yourself, the entity that you represent, or your business that may include financial, credit, or similar information, including with other users. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials and using the Service, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct. 

11. Our Intellectual Property

Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement. 

You acknowledge that the Service and all enhancements, updates, upgrades, corrections and modifications thereto, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property and/or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein. 

12. Data Collection and Use

You understand and agree that our Privacy Policy shall govern the collection and use of data obtained by us through your use of the Service.

13. Enforcement and Termination

We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.

14. Links and Third-Party Content

The Service may contain links to third-party websites, services, and materials. Such links are provided for informational purposes only, and we do not endorse any third-party website or services through the provision of such a link. 

The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third parties, including users other than you. We do not endorse any third party, or third-party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.

15. Disclaimers and Limitation on Liability

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE, AND THE CONTENT THEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, ALONG WITH OUR PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

FURTHER, OPINIONS, ADVICE, STATEMENTS, SUBMISSIONS, CONTENT, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE, BUT NOT DIRECTLY PROVIDED BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT.

USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, FRAUD ON THE PART OF OTHER USERS, OR THE ACTIONS YOU TAKE BASED ON THE SERVICE OR THE CONTENT THEREIN, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT A COURT SHALL FIND THAT THE ABOVE DISCLAIMERS ARE NOT ENFORCEABLE, THEN YOU AGREE THAT NEITHER WE NOR ANY OF OUR PARENT ENTITIES, SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR DIRECTORS SHALL BE LIABLE FOR (A) ANY DAMAGES IN EXCESS OF $500.00, OR (B) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, LOST REVENUE, LOST PROFITS OR DATA TO YOU OR ANY THIRD PARTY FROM YOUR USE OF THE SERVICE. THIS LIMITATION SHALL APPLY REGARDLESS OF THE BASIS OF YOUR CLAIM OR WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

16. Indemnification

You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Service, (b) your use of the Service or any Content therein, (c) your violation of the Agreement, (d) any conduct, activity or action which is fraudulent, unlawful, or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service, and (e) any proceedings between user and a third party (including other users) in relation to the Service and any action (or inaction) it takes in relation to the same.

17. Governing Law and Jurisdiction; Arbitration

You agree that any claim or dispute arising out of or relating in any way to the Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of Delaware shall govern this Agreement, and shall be used in any arbitration proceeding.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Any arbitration between you and LexFund shall have one arbitrator.

To begin an arbitration proceeding, you must email us at [email protected] and send a letter requesting arbitration and describing your claim to the following address: LexFund, Inc., 254 Chapman Rd, Ste 208 #15787, Newark, Delaware 19702, USA.

Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, shall be conducted in English, and shall be located in Wilmington, Delaware. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrators, will be strictly confidential for the benefit of all parties.

You and LexFund agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and LexFund agree that each have waived any right to a jury trial.

Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights, or to collect unpaid amounts.

To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in Wilmington, Delaware. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN DELAWARE.

18. Policies for Children

The Service is not directed to individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website for (www.ftc.gov) for more information. For more information about our privacy practices with respect to the personal information of children, please see our Privacy Policy, available at https://lexfund.com/documents/privacy-policy. 

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.

19. Publicity

By using the Service, you, as a Funder, agree that we can publicize the amount of assets you hold under management, or as an Attorney, the AM Law ranking of your law firm, if applicable. You further agree, that by entering into a Funding Agreement, we can publicize certain non-identifiable details of the Case, including, but not limited to, the type of case and the amount funded.

20. General

Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

Revisions. In the event that we update this Agreement, you will be notified through the Service and may be required to re-affirm the updated Agreement using the method we will specify.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.

Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.

Electronic Signatures. You agree that your use of any electronic signatures (e.g. Docusign) will be as valid as any manual signatures, if authorized by local law, and you will ensure that your use of electronic signatures is in conformance with local laws and regulations.

No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notices. All notices given by you or required under this Agreement shall be in writing and addressed to LexFund, Inc., 254 Chapman Rd, Ste 208 #15787, Newark, Delaware 19702, USA, with a copy sent to [email protected].

Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.

Copyright © LexFund, Inc. All rights reserved. The Service is the property of LexFund, and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Service, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.

Copyright Policy

If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

• A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed;

• Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;

• Information reasonably sufficient to permit us to contact you;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you receive a notification from us that content you made available on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide us with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to our copyright agent, and include substantially the following information:

• Your physical or electronic signature;

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification under this DMCA Policy above or an agent of such person.

You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

Copyright Agent
LexFund, Inc.
254 Chapman Rd (Suite 208 #15787)
Newark, DE 19702
USA
e-mail: [email protected]

Complaint Policy (Including Trademark and Privacy)

If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to [email protected] containing the following information:

• Your name, physical address, e-mail address and phone number;

• A description of the material posted on the Service that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;

• Identification of the location of the material on the Service;

• If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;

• If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;

• A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and

• Your physical or electronic signature.

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.

All notices given by you or required under this Agreement shall be in writing and addressed to: LexFund, Inc., 254 Chapman Rd, Ste 208 #15787, Newark, Delaware 19702, USA, or sent via email to [email protected].