IMPORTANT INFORMATION FOR KEYTOM CLIENTS
KEYTOM works with Fortress Trust LLC (“Fortress”) as our banking and custodial servicespartner to provide you with secure, compliant account services. To complywith federal law and our banking partner’s requirements, it is necessary thatyou read and agree to the following FortressTrust policies and disclosures.
By proceeding, you confirm that you have read andagree to the Fortress policies,disclosures, and agreements below.
To help the government fight the funding ofterrorism and money laundering activities, federal law requires all financialinstitutions to obtain, verify, and record information that identifies eachperson who opens an account.
What this meansfor you: When you open an account, we will ask for your name, address, date ofbirth, and other information that will allow us to identify you. We may alsoask to see a copy of your driver’s license or other identifying documents.
2. E-SIGN DISCLOSURES
Electronic Statement Disclosure Agreement
By accepting Fortress Trust’s Electronic Statement Disclosure Agreement,you consent and agree that Fortress Trust may provide certain disclosures andnotices to you in electronic form, in lieu of paper form, including electronicdelivery of statements for your Fortress Trust account(s).
The words “we,” “us,” and “our” refer to FortressTrust. The words “you” and “your” mean you, the individual(s) or entityidentified on the Account(s).
As used in this Disclosure, “Account” means theaccount you have with Fortress Trust. “Communication” means any customeragreements or amendments thereto, monthly billing or account statements, taxstatements, disclosures, notices, responses to claims, transaction history,privacy policies, and all other information related to the product, service, orAccount, including but not limited to information that we are required by lawto provide to you in writing.
Communications Provided in Electronic Form
You agree that Fortress Trust may provide youwith any Communications that they choose to make available in electronicformat, to the extent allowed by law.
Your consent to receive electronic communicationsand transactions includes, but is not limited to:
● All legal andregulatory disclosures and Communications associated with the Account.
● Account details,history, transaction receipts, confirmations, and any other Account ortransaction information.
● Notices ordisclosures about a change in the terms or change in fees of your Account.
● Responses toclaims or customer support inquiries filed in connection with your Account.
● Privacy policiesand notices.
● Monthly (or other periodic) billing or accountstatements for your Account(s).
Method of Providing Communications in Electronic Form
All Communications provided by Fortress Trust toyou in electronic form will be provided either:
(i) By email sent to your primary email addresslisted in your Account profile;
(ii) By communicating via instant chat and/or through other electronic forms ofcommunication; or
(iii) By logging into your Account.
Updating Your Records
It is your responsibility to provide FortressTrust with a true, accurate, and complete email address at the time yourAccount is opened in order for them to provide you with electronicCommunications.
You must promptly notify Fortress Trust of anychanges to this information. You may update your information by logging intoyour Account or contacting their support team at support@fortresstrust.us.
Hardware and Software Requirements
In order to access, view, and retain electronicCommunications that Fortress Trust makes available to you, you will need thefollowing computer hardware and software:
(i) A device with an Internet connection;
(ii) A current web browser that includes 128-bit encryption with cookiesenabled;
(iii) Adobe Acrobat Reader version 8.0 or higher;
(iv) A valid email address; and
(v) Sufficient storage space to save past Communications or an installedprinter to print them.
How to Withdraw Your Consent
You may withdraw your consent to receiveCommunications electronically by contacting Fortress Trust at support@fortresstrust.com.
If you fail to provide or if you withdraw yourconsent to receive Communications electronically, Fortress Trust reserves theright to immediately close your Fortress Trust Account.
3. CONSUMER DISCLOSURES
Electronic Fund Transfers
Consumer Liability
Tell us AT ONCE if you believe an electronic fundtransfer has been made without your permission. Telephoning is the best way ofkeeping your possible losses down. You could lose all the money in youraccount. If you tell us within 2 business days after you learn of the loss, youcan lose no more than $50 if someone used your funds without your permission.If you do NOT tell us within 2 business days after you learn of the loss, andwe can prove we could have stopped someone from using your funds without yourpermission if you had told us, you could lose as much as $500. Also, if yourstatement shows transfers that you did not make, including those made by card,code or other means, tell us at once. If you do not tell us within 60 days afterthe statement was mailed to you, you may not get back any money you lost afterthe 60 days if we can prove that we could have stopped someone from taking themoney if you had told us in time. If a good reason (such as a long trip or ahospital stay) kept you from telling us, we will extend the time periods.
Contactin event of unauthorized transfer
If you believe an electronic fund transfer has been made without yourpermission, call: 702.813.3800 or write: Fortress Trust, Error ResolutionDepartment, 10845 Griffith Peak Dr., Suite 200, Las Vegas, NV 89135
Businessdays
For purposes of these disclosures, our business days are Monday throughFriday. Holidays are not included.
Confidentiality
We will disclose information to third parties about your account or thetransfers you make: (i) where it is necessary for completing transfers, or (ii)In order to verify the existence and condition of your account for a thirdparty, such as a credit bureau or merchant, or (iii) In order to comply with governmentagency or court orders, or (iv) If you give us your written permission.
Documentation
Preauthorized credits. If youhave arranged to have direct contributions made to your account at least onceevery 60 days from the same person or company, the person or company making thedeposit will tell you every time they send us money.
Periodic statements. You will get amonthly account statement (unlessthere are no transfers in a particular month. In any case you will get thestatement at least quarterly).
Preauthorizedpayments
i. Stopping payment and procedurefor doing so. If you have told us in advance to make regular payments outof your account, you can stop any of these payments. Here's how:
Call us at 702.813.3800, or write us at Fortress Trust, 10845 Griffith PeakDr., Suite 200, Las Vegas, NV 89135, in time for us to receive your request 3business days or more before the payment is scheduled to be made. If you call,we may also require you to put your request in writing and get it to us within14 days after you call.
ii. Notice of varying amounts. Ifthese regular payments may vary in amount, the person you are going to pay willtell you, 10 days before each payment, when it will be made and how much itwill be.
iii. Liability for failure to stoppayment of preauthorized transfer. If you order us to stop one of thesepayments 3 business days or more before the transfer is scheduled, and we donot do so, we will be liable for your losses or damages.
Financialinstitution's liability
If we do not complete a transfer to or from your account on time or inthe correct amount according to our agreement with you, we will be liable foryour losses or damages. However, there are some exceptions. We will not beliable, for instance:
i. If, through no fault of ours, youdo not have enough money in your account to make the transfer.
ii. If the system was not workingproperly and you knew about the breakdown when you started the transfer.
iii. If circumstances beyond ourcontrol (such as fire or flood) prevent the transfer, despite reasonableprecautions that we have taken.
iv. There may be other exceptionsstated in our agreement with you.
Truth in Savings Disclosure
RATE INFORMATION INCLUDING COMPOUNDING & CREDITING
Unless otherwise agreed in writing, your account is a non-interest bearingaccount.
MINIMUM BALANCE REQUIREMENTS
There is no minimum balance required to open an account.
There is no minimum balance required to avoid the imposition of a fee.
FEES
Monthly Fee: You will not becharged a monthly fee to maintain your account.
TRANSACTION LIMITS
Fortress reserves the rights to apply transaction limits.
There is no debit, ATM or check features associated with this account.
STATEMENTS
As stated in the Electronic Statement Disclosure Agreement, you haveconsented to receive electronic statements for your account. If you withdraw your consent to receiveelectronic statements (or any other electronic communications), your accountwill be closed.
ACCOUNT CLOSING
Fortress Trust reserves the right to terminate your account at anytime. If your account is terminated, anyproceeds in your account will be returned to the original source of paymentthat you, the account holder, used to fund the account unless otherwiseagreed.
FUNDS AVAILABILITY DISCLOSURE
YOUR ABILITY TO WITHDRAW FUNDS
Our policy is to make funds from deposits of cash, electronic directdeposits and wire transfers to your account available on the day we receive thedeposit. All check deposits, including, but not limited to; official bank,cashier's, certified, tellers, traveler's, and federal, state and local governmentchecks will be available on the next business day following the day of yourdeposit. Once the funds are available, you can withdraw them in cash and wewill use them to pay checks that you have written. For determining theavailability of your deposits, every day is a business day, except Saturdays,Sundays, and federal holidays. If you make a deposit before the close ofbusiness on a business day that we are open, we will consider that day to bethe day of your deposit. However, if you make a deposit after the close ofbusiness, or on a day we are not open, we will consider the day of your depositto be the next business day that we are open (for example, if you mail thedeposit or utilize our night deposit drop). Even after we have made funds availableto you, and you have withdrawn the funds, you are still responsible fordeposited checks that are returned to us unpaid and for any other problemsinvolving your deposit.
LONGER DELAYS MAY APPLY
Funds you deposit by check may be delayed for a longer period under thefollowing circumstances:
• We believe a check you deposit will not be paid.
• You deposit checks totaling more than $5,525 on any one day.
• You/we redeposit a check that has been returned unpaid.
• You have overdrawn your account repeatedly in the last six months.
• There is an emergency, such as failure of computer or communicationsequipment.
We will notify you if we delay your ability to withdraw funds for any of thesereasons, and we will tell you when the funds will be available. They will generally be available onthe fifth business day after the day of your deposit.
SPECIAL RULES FOR NEW ACCOUNTS
If you are a new customer, the following special rules will apply duringthe first 30 days your account is open. Our policy is to make funds fromdeposits of cash, electronic direct deposits and wire transfers to your accountavailable on the day we receive the deposit. The first $5,525 of a day's totaldeposits of official bank, cashier's, certified, teller's, traveler's, andfederal, state and local government checks will be available on the firstbusiness day after the day of your deposit if the deposit meets certainconditions. For example, the checks must be payable to you. The excess over$5,525 will be available on the seventh business day after the day of yourdeposit. If your deposit of these checks (other than a U.S. Treasury check) isnot made in person to one of our employees, the first $5,525 will not beavailable until the second business day after the day of your deposit.
Funds from all other check deposits will be available on the seventh businessday after the day of your deposit.
FOREIGN ITEMS
Deposited items that are drawn on financial institutions outside of theU.S., and not payable at or through a U.S. branch correspondent financialinstitution will not be available to you until we receive payment. Even afterwe have made funds available to you, and you have withdrawn the funds, you arestill responsible for deposited checks that are returned to us unpaid and forany other problems involving your deposit.
HOLDS ON OTHER FUNDS
If we accept for deposit a check that is drawn on another bank, we maymake funds from the deposit available for withdrawal immediately but delay youravailability to withdraw a corresponding amount of funds that you have ondeposit in another account with us. The funds in the other account would thennot be available for withdrawal until the time periods that are describedelsewhere in this disclosure for the type of check that you deposited.
4. FORTRESS TRUST CUSTODIAL ACCOUNT AGREEMENT
By opening an account, you agree to:
● Appointment ofFortress Trust as custodian of your assets
● Your soleresponsibility for asset selection and valuation
● Authority of yourdesignated agents
● Fortress Trustdoes not provide legal, tax, or investment advice
● Limitations onFortress Trust’s liability and your indemnification obligations
● Payment of fees accordingto their published schedule
● Governing law: State of Nevada; arbitration inClark County, NV
Note: This is asummary. The full Custodial Account Agreement is binding and available here.
5. USA PATRIOT ACT NOTICE
To help the government fight the funding ofterrorism and money laundering activities, Federal law requires all financialinstitutions to obtain, verify, and record information that identifies eachperson who opens an Account with Fortress Trust.
What this meansfor you:
Whenyou open an Account, Fortress Trust will ask for your name, address, date ofbirth, and other information that will allow them to identify you. They mayalso ask to see a copy of your driver’s license or other identifying documents.
Why this isrequired:
UnderSection 326 of the USA PATRIOT Act, financial institutions such as FortressTrust are required to obtain, verify, and record information that identifieseach person who opens an account to help the United States government fight thefunding of terrorism and money laundering activities.
ContactInformation:
Ifyou have any questions regarding this requirement, please contact FortressTrust Compliance at:
● Email: support@fortresstrust.com
● Phone: +1 702.813.3800
