Terms of Service

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: June 14, 2025

LexFund, Inc. (hereinafter "LexFund", "we", or "us") provides the websites https://lexfund.com and https://www.lexfund.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/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").

From time to time, the Service may originate, arrange, or otherwise facilitate directly or indirectly, a match, connection, or introduction between a Funder and Attorney, through their use of the Service (a “Match”; “Matched” shall have the correlative meaning) for a particular opportunity to fund a litigation claim, dispute, case, or cause of action (each, a "Case"). If that Funder agrees to fund the Matched Case, and the responsible Attorney (that posted the Matched Case) agrees to accept funding from the Funder (on their own behalf or on behalf of the Attorney's client, as applicable) with respect thereto (a "Funding"; the aggregate committed amount of the Funding (regardless of the time or conditions to funding), the "Funding Amount") as a result of the Match, the Funder and Attorney will proceed to enter into a Funding Agreement (as defined below). The Funder and Attorney will each notify LexFund in writing via email ( Payments@LexFund.com) of their entry into an agreement memorializing the Funding ("Funding Agreement") no later than the date such agreement is fully executed. Such notice (the "Transaction Notice"), will contain the date of entry into the Funding Agreement, the Funding Amount, and the method by which the Funding Amount and the Fee (defined below) will be paid. The Attorney and Funder agree to issue a supplemental Transaction Notice if any additional/follow-on Funding Amount are later provided under the same Funding Agreement.

You agree that any such Funding Agreement shall require payment of the 2% Fee (as defined below) of the aggregate Funding Amount to LexFund as requirement of such Funding, such amount to be due payable to LexFund in accordance with the terms of this Agreement. Funder and Attorney hereby agree that LexFund is intended to be a third-party beneficiary of each term and/or agreement set forth in any Funding Agreement (or other document executed in connection therewith) that provides for, or otherwise pertains to, the payment of the Fee, with full power and authority to enforce the payment of the Fee as if LexFund were named as a party to the Funding Agreement (or any other document executed in connection therewith). As used in this Section 3 and Section 7, "use of the Service" shall mean any use by Funder and Attorney of the data, content, information, tools, functionality, updates, and similar materials to facilitate, whether directly or indirectly, the Match of Funder and Attorney with respect to the funding of the Case, diligence on the Case, and/or the negotiation of a term sheet or definitive terms of such Funding.

As available, the Funder and Attorney may elect to have the Funding Amount paid through the Service. To the extent the Funding Amount will be paid through the Service, the Funder's Account (and to the extent the relevant Attorney will pay one or more Fees, the Attorney's Account) must be paired with one or more payment methods ("Payment Method"), including without limitation a valid bank account. Similarly, prior to receiving the Funding Amount through the Service, 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, through the Service, as applicable to the party.

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) as an Attorney, solicit, engage, or accept any solicitation from any Funder with whom you/your Case became Matched on the Service to provide litigation funding for the Case that was registered or otherwise shared with any such Funder; and (ii) as a Funder, 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 Matched on the Service, as a Funder, other than, in the case of Attorney and Funder, through the Service. You agree that, notwithstanding the foregoing, if you approach, solicit, bid, or seek to fund, or accept solicitation or a funding proposal with respect to any Case that was Matched through the Service other than through the Service, the Fee shall be due and payable in accordance with the terms of this Agreement.

7. Payments and Termination

The Funder shall pay, or cause Attorney to pay, to LexFund a servicing fee in the amount equal to 2% of the aggregate committed Funding Amount (calculated without regard to whether all or a portion of such Funding Amount is actually drawn, advanced or otherwise paid on the effective date of such Funding Agreement), and of any additional amount which may be committed or agreed to be advanced by the Funder after the signing of the Funding Agreement in respect of the Case as a result of the Match (all such amounts, the "Fees"). For the avoidance of doubt, the Fees constitute a servicing fee for use of the Service and shall not constitute a broker fee.

The Fees shall be due and payable at the time of execution of a Funding Agreement and shall be made simultaneously with the execution of the Funding Agreement, either through automatic deducted from the initial drawdown amount if Funding occurs through the Service or by ACH or wire transfer of immediately available funds if Funding occurs outside of the Service, as such methods are available. LexFund may, but shall have no obligation to, provide Funder and/or Attorney with an invoice setting for the amount and payment terms for the Fee. Failure of LexFund to provide an invoice shall not relieve Funder or Attorney of the obligation to pay the Fees in accordance with this Agreement. To the extent you fail to pay the Fee when due, a late payment charge on any overdue amounts equal to the lesser of two percent (2%) per month, which fee shall be compounded monthly, or the highest rate allowed by applicable law shall accrue automatically, without need for further action or notice by LexFund, until such payment is made in full. Funder shall be responsible for, and reimburse on demand, all fees, costs and expenses (including, for the avoidance of doubt, all legal fees and costs) incurred by LexFund in enforcing the terms of this Section 7.

You agree that once paid, the Fees or any part thereof will not be refundable under any circumstances (including, without limitation, if Attorney does not receive the aggregate Funding Amount or initially sought or contemplated under the Funding Agreement). All Fees will be paid in U.S. dollars in immediately available funds.

For the avoidance of doubt, you agree that the Fees shall be fully earned, due and payable, upon the consummation of any litigation funding arrangement for the Case (or any cause of action or proceeding arising therefrom) that is Matched with a Funder through the use of the Service. Unless expressly modified in writing by LexFund, this Agreement shall constitute the entire agreement as between LexFund, on the one hand, and Funder and Attorney, on the other hand, with respect to the payment of the Fee and no further agreement, instrument or other document shall be required evidencing the obligation of Funder to pay the Fee.

Fees and other charges do not include, and shall not be subject to counterclaim or set-off for, federal, local, foreign, or similar transaction taxes, imposts, deductions, charges or withholdings, and all liabilities with respect thereto ("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. For the avoidance of doubt, Taxes shall not include any taxes on LexFund's revenue/income, payroll, or overhead.

YOU MAY CANCEL YOUR ACCOUNT AT ANY TIME. TO CANCEL YOUR ACCOUNT, PLEASE LOGIN TO THE SERVICE AND FOLLOW THE INSTRUCTIONS THEREIN OR EMAIL Accounts@LexFund.com 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 when the Funding Amount is paid through the Service, we may use a third party, to process payments (the "Payment Processor"). To the extent a Payment Processor is used, the processing of payments may 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 obligation to pay the Fee in accordance with Section 3 and Section 7 of this Agreement shall survive such termination.

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, in the original Transaction Notice, and any supplemental Transaction Notice, 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 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. Without limiting the foregoing, we (and our employees, directors, professional advisors, and agents, shall not publish, disclose or otherwise divulge the Submissions and Content, or other information provided on the platform to any other person without your express written consent, other than as required by applicable law, compulsory legal process, pursuant to the order of any court or administrative agency in any pending legal, judicial or administrative proceeding or to the extent requested or required by governmental and/or regulatory authorities or pursuant to the order of any court or administrative agency in any pending legal, judicial or administrative proceeding, or the extent necessary as part of as part of normal reporting or review procedures to, or examinations by, any governmental authorities or any accountants or regulatory authority exercising examination or regulatory authority.

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.

WE SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY DISPUTES BETWEEN ATTORNEYS AND FUNDERS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS EXERCISING (OR NOT EXERCISING) THEIR ABILITY TO OPT OUT OF A TRANSFER OF ACTIVE CASE (DEFINED BELOW) INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY.

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. Further, if you are an Attorney, 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 your decision to opt out, or not opt out, of transferring any information relating to Active Cases, including, but not limited to Funder information. For purposes of this Agreement, "Active Cases" are Cases that have been submitted to the Service and for which either a Match has not occurred, or the Case has been Matched but the Funding Amount or Fee, or both, have not yet been paid (if applicable). If both the Funding Amount and Fee have been paid with respect to a Matched Case, it is known as an "Inactive Case".

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 Legal@LexFund.com 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/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 may publicize the total assets under management of all Funders on the Service in aggregate form only. We will not disclose or attribute your individual AUM unless you have chosen to display it on your profile.

By using the Service, you, as an Attorney, agree that we may reference the AM Law ranking of your law firm in a de-identified and aggregated manner only, unless you have chosen to display it on your profile.

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 Legal@LexFund.com.

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:

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 Copyright@LexFund.com 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 Contact@LexFund.com.