Terms of Use

BY USING AND VIEWING THE WEBSITE YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW

NOTICE: This agreement is an agreement between you (“you” or the “Seller”,”Fundraiser”,“Buyer”,”Investor”) and Sovereign Wealth Fund Institute, Inc (the “Company”), pursuant to which you will provide the Company with certain information regarding the funds you manage or assets you own for subsequent distribution by the Company on your behalf, including by inclusion on the lmbourse website (the “Website”), on the terms and subject to the conditions contained in this Agreement. After you have read and understood this Agreement, please acknowledge your acceptance to be bound by its terms & conditions by clicking on the “I AGREE” button at the end. If you do not agree to the Terms & Conditions, you will not be able to list your asset or fund, or gain access to the website.

By completing and submitting this Agreement and clicking on the “I AGREE” button, you are consenting to enter into this Agreement in electronic form and agreeing to the terms hereof. You can terminate this Agreement at any time by following the procedures listed below. The Company may amend this Agreement or the Terms of Use at any time by posting the amended terms on the Website. If you wish to receive an e-mail update for each amendment to this Agreement please contact contact@lmbourse.com. The amended terms shall automatically be effective after upon posting on the Website. This Agreement may only be amended or modified by the Company.

TERMS & CONDITIONS

1. RIGHT TO DISPLAY FUND & ASSET DATA

Subject to the terms and conditions of this Agreement, you hereby grant the Company, its members, managers, officers, and permitted successors and assigns a non-exclusive, terminable, non-transferable and worldwide right during the term of this Agreement to display, copy, modify, publish, distribute, redistribute, republish, transmit, reproduce or create derivative works from the information relating to the funds you manage or assets you own that you make available to the Company, including, but not limited to, types of investments made by those assets or funds, investor qualifications, contact information, diligence materials, prospectuses, indentures, documentation, ownership titles, and historical performance information (the “Fund & Asset Data”). The right to display the data on the website will automatically terminate upon expiration or termination of this Agreement.

2. WEBSITE CONTENT

You understand that any Fund & Asset Data provided by Sellers and Fundraisers might not be current and may quickly become unreliable for a number of reasons, including changes in market conditions or the financial condition of certain investment funds and assets. The Company has no obligation to update any of the Fund & Asset Data or provide notice of any such change. WEBSITE CONTENT OFFERED BY THE COMPANY TO YOU ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, INVESTMENT, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY THE WEBSITE, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. The Company is not, does not and will not recommend, represent or vouch for any Asset or Fund that may appear in any of the listings on the Website or otherwise is involved in any transaction through the Company. You are responsible for any due diligence on any Asset or Fund; utilizing the Website is not a substitute for an independent due diligence investigation by you or your professional advisers and/or consultants. The Company is not responsible for investment decisions made by you.

3. PROVISION OF SERVICES

The Company agrees to use its commercially reasonable efforts to display some or all of the Fund & Asset Data on the Website, on the terms and subject to the conditions contained in this Agreement (the “Services”). The Company reserves the right to limit the Fund & Asset Data displayed on the Website and to determine the scope of the Fund & Asset Data to be included on the Website in its sole and absolute discretion. The Company will use its reasonable commercial efforts to promptly update the Fund & Asset Data you provide as and to the extent such Fund & Asset Data updates Fund & Asset Data that is included on the Website.

4. USE OF SERVICE

You will use the Website only for lawful purposes. The Fund & Asset Data on the Website is and does constitute valuable confidential information, and is a proprietary right of Sovereign Wealth Fund Institute, Inc., not within the public domain, and that but for this Agreement, you would have no access or rights with respect thereto. YOU WILL NOT COPY, MODIFY, PUBLISH, DISTRIBUTE, REDISTRIBUTE, REPUBLISH, DISPLAY, SELL, TRANSMIT, LICENSE, PARTICIPATE IN THE TRANSFER OR SALE OF, REPRODUCE OR CREATE DERIVATIVE WORKS FROM THE INFORMATION CONTAINED ON THE WEBSITE.

5. BOURSE LISTING PROCESS & BOURSE LISTING FEES

The Seller or Fundraiser must fill out a Bourse Listing Application which is available on the Website. You must be the owner or agent of the owner of the asset; or the owner or agent of the owner or manager of the investment fund to be listed. The Company reserves the right to reject any Bourse Listing Application at its own discretion. Once the Bourse Listing Application is completely filled out, the terms of use have been agreed upon; you will then have to pay a Bourse Listing Fee. For Sellers and Fundraisers to list their assets or funds on the Website they must pay the Bourse Listing Fee; however, this fee may be waived upon discretion of the Company. The Bourse Listing Fee can vary by a number of variables and is subject to change without any notice. This is a one-time fee that will allow the asset or fund to be on the Website for a (5) year term starting from the received payment date. The Company may choose to keep the fund or asset listed for more than one year with or without needing to restate a (5) year Bourse Listing Agreement. You may have the opportunity to renew your asset or fund listing on the website past five years, this is up to the discretion of the Company.

The Bourse Listing Fee paid is non-refundable; the only exception is if Bourse Listing Application has been rejected. In this case of being rejected, there will be a mandatory and non-refundable $250.00 processing fee per listing application.

It is the Seller or Fundraiser’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the Website. The company does not validate all credit card information required by the Seller/Fundraiser's payment provider to secure payment.

The Seller/Fundraiser must notify the Company about any billing problems or discrepancies within 90 days after charges first appear on their account statement. If it is not brought to the Company's attention within 90 days, you agree to waive your right to dispute such problems or discrepancies. In addition, the Bourse Listing Fee is only for listing assets or funds onto the Website. Once an asset or fund is listed, buyers or investors may have an interest in the asset or fund. The Seller or Fundraiser will be notified by the Company once a Buyer or Investor has signified to the Company interest in the purchase of an asset or investment in the fund listed by the Seller or Fundraiser. LMBOURSE will make best efforts to contact the Seller or Fundraiser by either email or telephone when there is an indication of interest. THE COMPANY DOES NOT GUARANTEE THAT A BUYER OR INVESTOR WILL SHOW INTEREST IN A LISTED ASSET OR FUND. FURTHERMORE, THE COMPANY DOES NOT GUARANTEE THAT THE SELLER OR FUNDRAISER WILL BE ABLE TO SELL THEIR ASSET OR RAISE CAPITAL FOR THEIR FUND OFF THE WEBSITE.

6. NO ADVICE; INVESTMENTS IN SECURITIES & ASSET TRANSACTIONS

You understand and agree that the Company does not and will not provide any investment advice, asset transaction advice, or recommendations with respect to any investment decision or strategy with respect to any of the securities or assets described on the Website. Furthermore, you acknowledge and agree that any investment in any of the securities or assets described on the Website will only be made pursuant to an agreement or other arrangement with the owner or manager of such securities or assets. As a buyer or investor, you understand that any investment in such securities or assets involves risk of loss, and you may lose some or all of your investment and that you and your agents and advisors are solely responsible for determining the suitability of any investment. You understand that none of the information contained on the Website constitutes investment, financial, tax, legal or other advice, and that you should consult your own investment, financial, tax, legal or other advisors before investing or buying in any of the securities or assets described on the Website.

7. LMBOURSE IS A PLATFORM

The Website acts as a platform for buyers or investors to search for listed assets and funds.

8. LIMITED WARRANTY AND LIMIT OF LIABILITY

Seller or Fundraiser acknowledges and agrees that the sole obligation of the Company with respect to the display of the Fund & Asset Data shall be as set forth in Section 2 of this Agreement and that neither the Company nor any of its members, employees, officers, advisers, managers or agents, guarantee the availability or accessibility of the Fund & Asset Data or any other information furnished or otherwise made available on the Website. The information provided on the Website is provided “as is” and “as available.” Seller or Fundraiser agrees on behalf of itself, its affiliates, directors, officers, employees, agents, representatives, funds managed, stockholders, investors, partners, managers and members that neither the Company nor any of its respective members, employees, officers, managers or agents shall be liable to Seller or Fundraiser or to any other person, firm or corporation whatsoever for any losses, damages, claims, penalties, expenses or costs, (including lost profits) arising out of or relating to the Fund & Asset Data, or the decision to allow certain buyers or investors to invest in your funds or assets, in any way, including but not limited to any inaccuracies, errors or omissions in the Fund & Asset Data, or for any damages arising therefore or occasioned thereby, due to any cause whatsoever, whether or not resulting from negligence on their part. If the foregoing disclaimer and waiver of liability should be deemed invalid or ineffective, neither the Company nor its members, officers, managers, employees or agents shall be liable in any event, including their own negligence, beyond the actual amount of loss or damage, or $100, whichever is less. Seller or Fundraiser agrees on behalf of itself, its affiliates, directors, officers, employees, agents, representatives, funds managed, stockholders, partners, managers and members that neither the members, officers, managers, employees or agents of the Company shall be liable to Seller or Fundraiser or to any other person, firm, or corporation whatsoever for any indirect, special or consequential damages, including, without limitation, lost profits, or costs of lost or damaged Fund & Asset Data even if notified of the possibility of such damages.

9. TRADEMARKS

"LMBOURSE" and "LMBOURSE.com" (the "Marks") are trademarks of Sovereign Wealth Fund Institute, Inc. Nothing in the Agreement will be construed as granting, by implication, estoppel or otherwise, any license or right to use the Marks or any other trademark, service mark, logo or image on the Website. All such trademark rights are expressly reserved by the Company.

10. MODIFICATION OF SERVICES

The Company in its sole discretion may add, delete, amend, modify, change or make unavailable some or all of its services at any time without prior notice.

11. INDEMNIFICATION FOR FALSE OR MISLEADING DATA

You agree to indemnify the Company and its members, employees, officers, managers or agents against any losses, damages, claims, penalties, expenses or costs arising out of or relating to the Fund & Asset Data, including but not limited to any losses, damages, claims, penalties, expenses or costs relating to inaccuracies, errors or omissions in the Fund & Asset Data, or the Seller or Fundraiser’s decision to allow certain buyers & investors to invest in any of the funds that you manage, whether or not resulting from negligence on your part. To the extent you became aware that any of the Fund & Asset Data is false or misleading, you will immediately notify the Company and provided updated and corrected Fund & Asset Data.

12. LINKS TO THIRD PARTY SITES

Website may contain hyperlinks to other sites operated by parties other than the Company and its subsidiaries which are beyond the Company's control. Parties other than the Company may provide services or sell product lines on this Website that take you outside of the Company’s service. This includes links from advertisers, sponsors, and content partners that may use the Company's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the Company Website. The Company does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their sites. The Company does not assume any liability for the actions, product, and content of all of these and any other third parties. The Company makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party sites. When you click on a link that leaves the Website, the site you will land on is not controlled by the Company and different terms of use and privacy statements may apply. The Company also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

13. TERM AND TERMINATION

This Agreement is terminable by either you or the Company at any time, with or without notice or cause, for any reason or for no reason. You also acknowledge and agree that the Company may at any time, with or without notice or cause, for any reason or for no reason, terminate the revocable, non-exclusive, non-transferable, limited right to access the Fund & Asset Data on the Website and cease providing you access to the Website, at which time you agree to destroy any physical or electronic representation of any Fund & Asset Data in your possession provided that the provisions of Section 4 shall survive any such termination.

14. FORCE MAJEURE

You acknowledge and agree that the Company does not guarantee the availability of any data on the Website at any time and that access to the information contained on the Website may be limited or unavailable due to a number of factors, including, but not limited to, periods of peak demand, system upgrades, technical issues, acts of war or terrorism and other factors both within and without of the Company’s control. The Company reserves the right to suspend, deny access to or otherwise limit the information made available on the Website at any time and from time to time in its sole and absolute discretion and without prior notice.

15. GENERAL

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. This Agreement may not be assigned by either party without the prior written consent of the other party, except that the Company may assign this Agreement and its obligations, rights and benefits pursuant to this Agreement to any member, manager or affiliate without your prior written consent. No waiver, alteration or modification of any of the provisions shall be binding unless in writing and signed by a duly authorized representative of each party. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, to the exclusion of the courts of any other state or country, without regard to its conflict of law principles. You stipulate that all disputes arising under or in connection with this Agreement shall be litigated before a court located in the State of Nevada, county of Clark. You acknowledge and agree that any breach of this Agreement by you could cause immediate and irreparable harm to the Company for which money damages would be inadequate. The illegality or unenforceability of any part of this Agreement shall not affect the remainder of this Agreement. If any part of this Agreement is found to be illegal or unenforceable, this Agreement shall be given the meaning as would give effect to the intent of the parties. This Agreement shall not confer any rights or remedies upon any person other than the parties and their respective permitted successors and assigns.