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Terms of Service
Last Updated: January 2025
Important Legal Notice
These Terms of Service constitute a legally binding agreement. Please read them carefully before using our platform. By accessing or using LexCapital, you acknowledge that you have read, understood, and agree to be bound by these terms.
1. Acceptance of Terms
By accessing or using the LexCapital platform (the "Platform"), you agree to be bound by these
Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the
Platform. These Terms apply to all users of the Platform, including investors, attorneys, and
visitors. Your use of the Platform constitutes acceptance of these Terms as they may be amended
from time to time.
2. Eligibility Requirements
To use the Platform, you must: • Be at least 18 years of age • Have the legal capacity to enter
into binding contracts • Not be prohibited from using the Platform under applicable laws • Meet
any investor accreditation requirements as specified by securities regulations • Provide accurate
and complete information during registration We reserve the right to verify your eligibility and
may request documentation to confirm your accredited investor status.
3. Account Registration and Security
You must create an account to access certain features of the Platform. You agree to: • Provide
accurate, current, and complete information • Maintain the security of your password and account •
Notify us immediately of any unauthorized use • Accept responsibility for all activities under
your account • Not share your account credentials with others We reserve the right to suspend or
terminate accounts that violate these Terms or engage in fraudulent activity.
4. Investment Risks and Disclosures
LITIGATION FUNDING INVOLVES SUBSTANTIAL RISK. You acknowledge and accept that: • You may lose your
entire investment • Returns are not guaranteed and depend on case outcomes • Cases may take longer
than estimated to resolve • Legal proceedings are inherently uncertain • Past performance does not
indicate future results • You should only invest funds you can afford to lose You represent that
you have sufficient knowledge and experience to evaluate the risks and merits of any investment
opportunity. You are solely responsible for conducting your own due diligence. LitFund does not
provide investment, legal, or financial advice. Consult with qualified professionals before making
investment decisions.
5. Platform Use and Restrictions
You agree to use the Platform only for lawful purposes. You may not: • Violate any applicable laws
or regulations • Infringe on intellectual property rights • Transmit harmful code or malware •
Attempt to gain unauthorized access to systems • Interfere with Platform operations • Scrape or
harvest data from the Platform • Impersonate others or provide false information • Engage in
fraudulent or manipulative practices We reserve the right to investigate violations and cooperate
with law enforcement authorities.
6. Intellectual Property Rights
The Platform and its content, including but not limited to text, graphics, logos, software, and
data compilations, are owned by LitFund or its licensors and protected by copyright, trademark,
and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable
license to access and use the Platform for its intended purpose. You may not: • Reproduce,
distribute, or create derivative works • Reverse engineer or decompile any software • Remove or
modify proprietary notices • Use our trademarks without written permission Case information and
legal documents may be subject to additional confidentiality restrictions.
7. Disclaimers of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO: • Implied warranties of merchantability • Fitness for a
particular purpose • Non-infringement • Accuracy or completeness of information • Uninterrupted or
error-free operation We do not warrant that: • The Platform will meet your requirements • Case
information is complete or current • Investment outcomes will match projections • The Platform is
free from viruses or harmful components You use the Platform at your own risk. We are not
responsible for decisions made based on Platform information.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEXCAPITAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AFFILIATES SHALL NOT BE LIABLE FOR: • Any indirect, incidental, special, consequential, or
punitive damages • Loss of profits, revenue, data, or investment returns • Damages resulting from
case outcomes • Unauthorized access to your account or data • Errors or omissions in Platform
content • Third-party conduct or content OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE
OF THE PLATFORM SHALL NOT EXCEED THE FEES YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow limitations on implied warranties or liability, so these
limitations may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless LexCapital, its affiliates, and their respective
officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs,
or expenses (including reasonable attorneys' fees) arising from: • Your use of the Platform • Your
violation of these Terms • Your violation of any laws or third-party rights • Your investment
decisions • Information you provide to the Platform • Your negligence or willful misconduct We
reserve the right to assume exclusive defense of any matter subject to indemnification, at your
expense.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of
California, without regard to its conflict of law principles. You agree that any legal action or
proceeding arising from these Terms or your use of the Platform shall be brought exclusively in
the state or federal courts located in San Francisco County, California. You submit to the
personal jurisdiction of these courts and waive any objection to venue. If you are accessing the
Platform from outside the United States, you do so at your own risk and are responsible for
compliance with local laws.
11. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. Most disputes can be resolved
informally. Before initiating arbitration or litigation, you agree to contact us at
legal@litfund.com to seek resolution. If informal resolution fails, you agree that any dispute
arising from these Terms or the Platform shall be resolved through binding arbitration
administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
The arbitration shall be conducted in San Francisco, California. The arbitrator's decision shall
be final and binding. You waive the right to participate in class actions or class-wide
arbitration. Nothing in this section prevents either party from seeking injunctive relief in court
for intellectual property infringement or unauthorized access to systems.
12. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes
by: • Posting updated Terms on the Platform • Sending email notification to registered users •
Displaying a notice on the Platform Your continued use of the Platform after changes become
effective constitutes acceptance of the modified Terms. If you do not agree to changes, you must
discontinue use of the Platform. We encourage you to review these Terms periodically to stay
informed of updates.
13. Contact Information
For questions about these Terms or the Platform, please contact us: LexCapital, Inc. Legal
Department Email: legal@lexcapital.com For investment-related inquiries: Email:
invest@lexcapital.com For technical support: Email: support@lexcapital.com
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