Terms of Service
Effective Date: July 7, 2025
These Terms of Service are effective July 7, 2025.
1. Learmond Capital Markets
Learmond Captial Markets is a division of The Learmond Corporation, Inc.
2. Binding Agreement
By accessing, using, or interacting with any services, products, or platforms provided by The Learmond Corporation ("We," "Us," or "Our"), through Learmond Capital Markets or any of its divisions and subsidiaries, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms of Service, you have the legal capacity and authority to enter into this agreement, if acting on behalf of an entity, you have the authority to bind that entity, you accept all terms through your affirmative actions and continued use.
2.1 Electronic Agreement
You consent to enter into this agreement electronically, receive communications from Us electronically, be bound by electronic acceptance mechanisms, the use of electronic records to store and maintain this agreement.
2.2 Modification and Updates
We reserve the right to modify these Terms of Service at any time. You agree that we may provide notice of modifications through Our websites, applications, or electronic communications. You agree that your our continued use after modifications constitutes acceptance of updated terms, material changes will be effective 30 days after posting unless otherwise specified, you are responsible for reviewing these Terms of Service periodically.
2.3 Severability and Survival
If any provision of these Terms is found unenforceable, the provision shall be modified to the minimum extent necessary for enforceability, remaining provisions shall continue in full force and effect, the invalidity shall not affect other provisions or applications, and the essential terms shall survive termination of the agreement.
3. Organization and Services Overview
Learmond Capital Markets operates as a division of The Learmond Corporation, Inc. Its main functions are portfolio tracking, fund management, and fund allocation solutions. By using our products and services, you acknowledge that Learmond Capital Markets is part of The Learmond Corporation and that all activities are governed by these Terms of Service and the Master Terms of Service.
4. User Responsibilities
4.1 Account Creation and Management
4.1.1 Account Requirements
You must provide accurate and complete information when creating an account with any of Our divisions. You are responsible for maintaining the security of your account credentials across all Our platforms. You must notify Us immediately of any unauthorized access to your account(s). You may not share your account credentials with third parties. You acknowledge that separate accounts may be required for different divisions while being subject to these master terms.
4.1.2 Account Security and Liability
In the event of account compromise, you are solely responsible for notifying The Learmond Corporation immediately of any unauthorized access or security breach. Any assets, data, or resources lost due to account compromise are not compensatable by The Learmond Corporation. The Learmond Corporation bears no liability for losses occurring between the time of compromise and notification. You acknowledge that failure to promptly notify Us may result in additional unauthorized activities for which you remain responsible.
4.2 Acceptable Use
You agree to use Our services only for lawful purposes. You will not engage in any activity that disrupts Our services. You will not attempt to gain unauthorized access to Our systems. You will not use Our services to transmit malicious software.
5. Learmond Capital Markets Services
Learmond Captial Markets tracks and maintains positions in major indices. Learmond Capital Markets provides access to its portfolio for informational and analytical purposes and permits users to allocate funds to be deployed in alignment with the portfolio, subject to applicable terms and conditions.
5.1 Operational Budget Maintenance
Learmond Capital Markets maintains The Learmond Corporation's operational budget.
5.2 Fund Allocation and Index Tracking
Learmond Capital Markets is not an investment advisor or broker. Funds allocated to Learmond Capital Markets does not become its property.
5.3 Allocated Funds Availability
Allocated Funds are only available for investing, tracking, or re-distribution after 8 days from your transaction date.
5.3.1 Return on Fund Allocation
Learmond Capital Markets aims to reflect proportional performance on allocated funds. User allocations are tracked proportionally relative to the total portfolio. Distributions, if made, are calculated based on the user’s proportional interest at the time of allocation times 0.75.
5.3.2 Return on Allocated Pre-Invested Funds
Pre-invested allocated funds do not achieve return rate redistribution. Pre-invested allocated funds may be redistributed at your request at 100% of allocation.
5.3.3 Use of Funds
Learmond Capital Markets distributes allocated funds to The Learmond Corporation's operational activities.
5.3.4 Redistribution of Invested Allocated Funds
Learmond Capital Markets may redistribute invested allocated funds at your request. Learmond Capital Markets may redistribute allocated funds by electronic deposit or written check.
6. Business Activities
Subject to the Master Terms of Service.
7. Intellectual Property Rights
Subject to the Master Terms of Service.
7.1 License Grant
Subject to the Master Terms of Service.
8. Payment Terms
8.1 Fees and Billing
Subject to the Master Terms of Service.
9. Delivery of Services and Goods
9.1 Delivery Timeframes
Subject to the Master Terms of Service.
9.2 Quality Standards
Subject to the Master Terms of Service.
10. Termination
Subject to the Master Terms of Service.
11. Limitation of Liability and Risk Allocation
11.1 Liability Limitations
Subject to the Master Terms of Service.
11.2 Monetary Cap
Subject to the Master Terms of Service.
11.3 Essential Purpose
Subject to the Master Terms of Service.
11.4 Time Limitation
Subject to the Master Terms of Service.
12. Indemnification and Defense Obligations
12.1 Scope of Indemnification
Subject to the Master Terms of Service.
12.2 Defense Obligations
Subject to the Master Terms of Service.
12.3 Survival
Subject to the Master Terms of Service.
13. Changes to Terms
Subject to the Master Terms of Service.
14. Warranties and Representations
14.1 Subscription Services Warranty Terms
Subject to the Master Terms of Service.
14.2 Product Limited Warranty
Subject to the Master Terms of Service.
14.3 General Services Disclaimer
Subject to the Master Terms of Service.
14.4 Vendor Warranty Obligations
Subject to the Master Terms of Service.
14.5 Warranty Claims Process
Subject to the Master Terms of Service.
15. Procedural Non-Obstructive Nature
Subject to the Master Terms of Service.
16. Waivers
16.1 Waivers Generally
Subject to the Master Terms of Service.
16.2 Waivers of Liability
Subject to the Master Terms of Service.
16.3 Addenda
Subject to the Master Terms of Service.
17. Forum Selection, Jurisdiction, and Venue
Subject to the Master Terms of Service.
17.1 Definition of Substantial Presence
Subject to the Master Terms of Service.
17.2 Actions Against Learmond Capital Markets
All actions against Learmond Capital Markets is an action against The Learmond Corporation.
17.3 Actions against The Learmond Corporation
Subject to the Master Terms of Service.
17.4 Actions by The Learmond Corporation
Subject to the Master Terms of Service.
17.5 Multiple Jurisdiction Actions
Subject to the Master Terms of Service.
18. Arbitration Policy
18.1 Non-Binding Nature
Subject to the Master Terms of Service.
18.2 Arbitration Participation
Subject to the Master Terms of Service.
18.3 No Precedential Effect
Subject to the Master Terms of Service.
19. Vendor Agreement
19.1 Paid Vendor Agreement
Subject to the Master Terms of Service.
A. Vendor Agreement Under These Terms of Service
Subject to the Master Terms of Service.
B. Payments Received From Officers, Directors, or Authorized Representatives
Subject to the Master Terms of Service.
C. Vendor Review Clauses
Subject to the Master Terms of Service.
D. Service Period and Delivery Obligations
Subject to the Master Terms of Service.
E. Vendor Arbitration Clause
Subject to the Master Terms of Service.
F. Vendor Appeals Clauses
Subject to the Master Terms of Service.
G. Vendor Cause of Action Clauses
Subject to the Master Terms of Service.
H. Vendor Jury Trial Clauses
Subject to the Master Terms of Service.
I. Vendor Monetary Cap Clauses
Subject to the Master Terms of Service.
J. Vendor Forum Clauses
Subject to the Master Terms of Service.
K. Vendor Suspension Clause
Subject to the Master Terms of Service.
L. Vendor Termination Clause
Subject to the Master Terms of Service.
M. Vendor Obligations and Limitations
Subject to the Master Terms of Service.
N. Vendor Conduct Clause
Subject to the Master Terms of Service.
O. Vendor No Conflict Clause
Subject to the Master Terms of Service.
P. Vendor Terms of Service
Subject to the Master Terms of Service.
19.2 Unpaid Vendor Agreement
Subject to the Master Terms of Service.
A. Vendor Agreement Under These Terms of Service
Subject to the Master Terms of Service.
B. Action Received From Officers, Directors, or Authorized Representatives on Behalf of The Learmond Corporation
Subject to the Master Terms of Service.
C. Vendor Review Clauses
Subject to the Master Terms of Service.
D. Service Period and Delivery Obligations
Subject to the Master Terms of Service.
E. Vendor Arbitration Clause
Subject to the Master Terms of Service.
F. Vendor Appeals Clauses
Subject to the Master Terms of Service.
G. Vendor Cause of Action Clauses
Subject to the Master Terms of Service.
H. Vendor Jury Trial Clauses
Subject to the Master Terms of Service.
I. Vendor Monetary Cap Clauses
Subject to the Master Terms of Service.
J. Vendor Forum Clauses
Subject to the Master Terms of Service.
K. Vendor Suspension Clause
Subject to the Master Terms of Service.
L. Vendor Suspension Clause: In The Event of Impropriety from The Learmond Corporation
Subject to the Master Terms of Service.
M. Vendor Termination Clause
Subject to the Master Terms of Service.
N. Vendor Termination Clause: In the Event of Impropriety from The Learmond Corporation
Subject to the Master Terms of Service.
O. Vendor Obligations and Limitations
Subject to the Master Terms of Service.
P. Vendor Conduct Clause
Subject to the Master Terms of Service.
Q. Vendor No Conflict Clause
Subject to the Master Terms of Service.
R. Vendor Terms of Service
Subject to the Master Terms of Service.
20. Corporate Status, Governing Law, and Forum Selection
20.1 Corporate Status
Subject to the Master Terms of Service.
20.2 Governing Law
Subject to the Master Terms of Service.
20.3 Exclusive Forum for Corporate Matters
Subject to the Master Terms of Service.
20.4 Jurisdictional Consent
Subject to the Master Terms of Service.
21. Contact Information
21.1 Corporate Legal Department
Subject to the Master Terms of Service.
21.2 Division Contact
We maintain our own support and inquiry channels while operating under these Terms of Service and the Master Terms of Service.
- Email: marketsupport@thelearmondcorporation.com
- Email: marketinquiries@thelearmondcorporation.com
- Phone: 561-320-7235
Updated: December 28, 2025 Updated: March 4, 2025
© 2025 Learmond Capital Markets, The Learmond Corporation. All rights reserved. A Delaware Corporation.