PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE BELOW (“terms of service”). THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF SERVICE POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE. All accounts subject to approval. Restrictions and limitations apply. THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR ON RESOLUTION BY CLASS ACTION, AS FURTHER DESCRIBED BELOW. PLEASE READ CAREFULLY AND CONFER WITH YOUR LEGAL COUNSEL.
Acceptance, Change or Termination. Fortress Trust LLC (“Fortress Trust”) is a chartered Nevada retail trust company offering trust services (“Services”). By accessing the Services and features on or through this website or integration (“Platform”) in any manner, you become a Fortress Trust user (“User” or “you”). Additionally, opening an account with Fortress Trust is subject to execution of the Fortress New Account Forms and approval by our compliance department. By accessing or using the Services, purchasing Services, registering for an account with us, executing these Terms of Service, or accepting an order that references these Terms of Service, you are accepting and agreeing to these Terms of Service and the policies and guidelines referenced herein. If you do not agree to these Terms of Service then you may not use the Services. Your continued use of the Service following the posting of any amendments or restatement of the Terms of Service or other policies and procedures on the Platform constitutes acceptance of those changes.
Eligibility for Use of the Services. The Service is only available to individuals who are at least eighteen (18) years old or legal age of majority in your jurisdiction. For employees or agents of partnerships or entities, you represent and warrant that you have legal authority to bind that entity. You are solely responsible for ensuring that your use of the Service and accessing the Platform is appropriate and lawful in your local jurisdiction.No Professional Advice. Fortress Trust does not provide professional advice, guidance or recommendations and the use of the Platform should not be interpreted as advice or an endorsement of your business or actions in any way. Information published on or through the Platform is for informational purposes only. Fortress Trust does not endorse or represent the reliability or accuracy of any content or information created, posted, distributed through or accessed from the Platform. You agree that any reliance upon any content or information distributed through or accessed from the Platform is at your sole risk.
User Conduct Guidelines. You represent and warrant that all information that you provide to Fortress Trust on or through the Platform is accurate, complete and truthful. Fortress Trust and its agents are entitled to rely upon the information you provide as true, accurate and complete without independent verification. As a condition to accessing or using the Platform and the Services, you agree that you will not at anytime: (a) engage in or attempt to engage in any conduct or business activity violate any applicable laws; (b) infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Platform; (c) use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner; (d) use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Platform or to extract data; (e) interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks; (f) post or create content or communications on the Platform that are, in our sole discretion, libelous, defamatory, profane, obscene, explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; (g) defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another; (h) use the Platform from a jurisdiction that we have, in our sole discretion, or a relevant governmental authority determined is a jurisdiction where the use of the Platform or the Services is prohibited; or (i) encourage or induce any third party to engage in any of the activities prohibited under these Terms of Service. Fortress Trust reserves the right to terminate or limit your access to the Platform and/or the licenses granted herein for any reason and in our sole discretion.
Digital Millennium Copyright Notice. Fortress Trust respects the intellectual property of others, and we ask you to do the same. If you or any third-party believes its copyright rights have been infringed on our Platform, the copyright(s) owner (“Complaining Party”) should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include: (i) a physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party; (ii) identification of the copyrights(s) claimed to have been infringed; (iii) information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted; (iv) identification of the material that is claimed to be infringing the Complaining Party’s copyrights(s) that is to be removed and information reasonably sufficient to permit us to locate such materials; (v) a statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrights that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512© (“DMCA”),
Fortress Trust’s Designated Agent for notice of claims of copyrights infringement can be contacted at the addresses below.
Designated Agent for Claimed Infringement:
Fortress Trust LLC. 10801 W. Charleston Blvd, Suite 440, Las Vegas, NV 89135 Department. legal@fortresstrust.us
You acknowledge, accept and agree that if we receive a notice of a claim of copyright or other intellectual property infringement, we may immediately remove the identified materials from our Platform without liability to Fortress Trust or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. Please note that this procedure is exclusively for notifying Fortress Trust and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property right is being infringed should be sent to legal@Fortresstrust.us. Fortress Trust may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or other intellectual property rights.
Intellectual Property. For any image, footage, text, audio, design or any other content that you upload, create, transmit or post to or through the Platform (“User Content”), you represent and warrant that: (i) User has all necessary rights to submit User Content to the Platform and grant the licenses set forth herein; (ii) Fortress Trust will not need to obtain licenses from any third party with respect to use, publication, royalties or other fees, costs or expenses; (iii) User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights, in any way; and (iv) User Content complies with these Terms of Service and all applicable laws. Subject to your compliance with these Terms of Service, Fortress Trust grants User a limited, non-exclusive, non-assignable, non-sub-licensable, revocable, license to use the Platform as it is provided to you by Fortress Trust solely for your personal or internal business use and only in a manner that complies with these Terms of Service and all legal requirements that apply to you or your use of the Platform. Notwithstanding the foregoing, Fortress Trust reserves the right to and may revoke this license at any time, in its sole discretion. No licenses or rights are granted to User herein by implication or otherwise under any intellectual property rights owned or controlled by Fortress Trust or its licensors, except for the licenses and rights expressly granted in these Terms of Service. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Fortress Trust intellectual property (whether registered or unregistered). You may not at any time, adopt or use, without Fortress Trust’s prior written consent any word or mark which is similar to or likely to be confused with Fortress Trust’s intellectual property. You are advised that Fortress Trust will aggressively enforce its intellectual property rights to the fullest extent of the law. User grants Fortress Trust a worldwide license to use User Content in connection with the Service.All trademarks, service marks, trade names, trade dress and related intellectual property rights in the Services are proprietary to Fortress Trust. You may not use, reproduce or display any of the Fortress Trust’s trademarks except upon Fortress Trust’s prior written consent. The Platform and its entire contents, features, and functionality (including but not limited to all web pages, user interfaces, information, design, software, source code, text, displays, graphics, images, videos, and audio recordings, and the design, selection, and arrangement thereof) are owned, controlled, or licensed by Fortress Trust, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly provided in these Terms of Service, you may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the Site for any commercial or public purpose without Fortress Trust’s prior written consent. You may, however, view information available on the Site for your informational purposes. You may download from the Platform materials, except for software or source code, but only for your personal or internal business purposes only. You acknowledge and agree that you do not acquire any ownership rights of any kind by downloading materials from the Platform. Your use of the Services, including the Platform, imposes on you an obligation of appropriate use and conduct, which includes, but is not limited to, not causing an unreasonable or disproportionately large processing load on our Services or systems, not engaging in any conduct that restricts or inhibits use of the Services by others, and not introducing or transmitting any virus, worm, Trojan horse or other material that may harm or disrupt our Services or systems. Unauthorized use of the Services, misuse of passwords, or misuse of any information or material posted on this Platform is strictly prohibited. You may use the Services, including the Platform, only for lawful purposes and you agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
Limitations of Liability and Disclaimers.
No Consequential, Incidental or Punitive Damages. Notwithstanding anything to the contrary contained in these Terms of Service, Fortress Trust shall not be liable to any person or entity, whether in contract, tort (including pursuant to any cause of action alleging negligence), warranty or otherwise, for special, incidental, consequential, indirect, punitive or exemplary damages (including but not limited to lost data, lost profits or savings, infringement, loss of business or other economic loss) arising out of or related to these Terms or the Service, whether such parties have been advised or knew of the possibility of such damages, and regardless of the nature of the cause of action or theory.
Limitation of Liability. Fortress Trust’s liability for damages to each User shall in all cases be limited to, and under no circumstances shall exceed, Fortress Trust’s service fees actually received by Fortress Trust from such Any claim or cause of action a User may have or acquire in connection with the Service or any of the other matters contemplated by these Terms of Service shall survive for the shorter of, and may be brought against Fortress Trust solely prior to: (a) the expiration of the statute of limitations applicable thereto; and (b) the date that is six months after the date on which the facts and circumstances giving rise to such claim or cause of action first arose.
Disclaimer of Representations. The Platform and Service are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Fortress Trust is not making, and hereby disclaims, any and all information, statements, omissions, representations and warranties, express or implied, written or oral, equitable, legal or statutory, in connection with the Service and the other matters contemplated by these Terms of Service, including any representations or warranties of title, non-infringement, merchantability, usage, security, uptime, reliability, suitability or fitness for any particular purpose, workmanship or technical quality of any code or software used in or relating to the Service. Fortress Trust assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Platform or your downloading of any materials, data, text, images, video, or audio from the Platform. Fortress Trust shall not be liable for any defects in the smart contracts used for minting.
Third-Party Resources and Content. References, links or referrals to or connections with or reliance on third-party resources, products, services or content, including smart contracts developed or operated by third parties, may be provided to Users in connection with the Service. In addition, third parties may offer promotions related to the Service. Fortress Trust does not endorse or assume any responsibility for any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties. If Users access any such resources, products, services or content or participate in any such promotions, Users do so solely at their own User hereby expressly waives and releases Fortress Trust from all liability arising from User’s use of any such resources, products, services or content or participation in any such promotions. User further acknowledges and agrees that Fortress Trust shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resources, products, services, content or promotions from third parties.
Officers, Directors and Others. All provisions of these Terms of Service which disclaim or limit obligations or liabilities of Fortress Trust shall also apply to the officers, directors, members, employees, independent contractors, agents, affiliates, stockholders, debtholders and affiliates of Fortress Trust.
Limitations on Disclaimers. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in full to specific Users. The disclaimers and limitations of liability provided in these terms shall apply to the fullest extent permitted by applicable.
User Representations & Warranties. User represents, warrants and covenants that: User has the required authorization to enter into these Terms of Service and shall comply with the Terms of Service and other policies posted on the Platform. User is not an individual or entity that is, or an entity owned or controlled by persons or entities that are (i) the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, the Swiss government, or any other governmental authority with jurisdiction the Services; (ii) identified on the Denied Persons, Entity, or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security; or (iii) located, organized or resident in a country or territory that is, or whose government is, the subject of U.S. economic sanctions, including, without limitation, Cuba, Iran, Syria, North Korea, and the Crimea, Donetsk, and Luhansk Regions of Ukraine.
Refunds and Chargebacks.
To the fullest extent permissible by applicable law, Fortress Trust shall be under no obligation to issue refunds with all sales final. All purchase of digital assets through the Platform cannot be cancelled or recalled once delivered. You hereby agree that upon delivery, you will not be entitled to any credit or refund and all purchases are final. Fortress Trust’s obligation towards you will be absolutely discharged upon delivery of the product to you and shall have no claim or right against Fortress Trust upon such delivery. Notwithstanding the foregoing, Fortress Trust may issue a refund at its discretion (i) due to errors resulting from a technical issue, or (ii) within 24 hours from the time of sale. Fortress Trust reserves the right to debit your Account and/or pursue any financial losses sustained as a result of chargebacks or recalls associated with your Account.
Credit/Debit Card Payment Services.
Fortress Trust may limit the types of cards accepted (e.g. VISA or Mastercard) and may require that the card used meets certain security requirements. There may be additional eligibility requirements based on the type of transaction, the amount of the transaction, and other criteria. Your transaction may be declined if the eligibility requirements are not satisfied. Fortress Trust may, at our discretion, add funds to your Account after the Card Processor notifies us that the transaction has been approved but prior to actual receipt by us of the applicable funds. Until we receive the applicable funds, we may limit or otherwise restrict your ability to withdraw or transfer fiat currency or tokens from your Account. Fortress Trust may limit the amount of a transaction, or the cumulative amount of transactions during a period of time, made using the Credit/Debit Card Payment Services. You will be responsible for paying any and all fees associated with the transaction, including without limitation any fees charged by the card network, the Card Processor, or any other person or entity involved in processing, authorizing, or settling the requested transaction, as well as any fees charged by Fortress Trust (collectively, the “Transaction Fees”). Your card issuer may charge fees or costs (for example, foreign transaction fees) that are in addition to the Transaction Fees. You will be solely responsible for paying any and all fees charged by your card issuer. All transactions are final and no amounts are refundable. In the event of any reversal of a transaction, refund, or other chargeback initiated or required by the card issuer, card network, or Card Processor (each, a “Chargeback”) you will be responsible for repaying to Fortress Trust any amount of the Chargeback that has already been added to your Account. You hereby authorize Fortress Trust to deduct any such amounts from the amount of any fiat currency or other assets from your Account. Notwithstanding anything to contrary herein, all transactions are subject to the approval of Fortress Trust, the card issuer, the card network, and the Card Processor. Fortress Trust will have no responsibility or liability for any transactions that are declined.
Transaction Limitations and Enhanced Due Diligence.
Your use of the Service is subject to approval of our Compliance Department and subject to transaction and velocity limitations, including daily, weekly and monthly dollar and transaction amounts. Transaction limitations may vary depending on payment methods, the nature of the transaction and other reasonable factors set at Fortress Trust’s discretion for risk and compliance management. Notwithstanding anything to the contrary herein, Fortress Trust reserve the right to change applicable limits as we deem appropriate.
Third-Party Platforms. The Platform may contain links to third party platforms or services (“Third-Party Platforms”). These links are provided only as a convenience to you. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Fortress Trust of any information, materials, products, or services contained in or accessible through any Third-Party Platform. In no event shall Fortress Trust be responsible for the information contained on any Third-Party Platforms or your use of or inability to use any Third-Party Platforms. You acknowledge and agree that Fortress Trust shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the use of or reliance on any content, goods, or services available through any third-party platforms or resource. YOU AGREE THAT ACCESS AND USE OF THIRD-PARTY PLATFORMS, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD-PARTY PLATFORMS OR AVAILABLE THROUGH THIRD-PARTY PLATFORMS, IS SOLELY AT YOUR OWN RISK AND DISCRETION.
Governing Law and Dispute Resolution. These Terms of Service shall be governed by, construed and entered in accordance with the laws of the State of Nevada applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof. In the event of any claim, controversy or alleged dispute between you and Fortress Trust, its members or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least thirty (30) days before instituting any legal proceeding. Each User and Fortress Trust agree to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of JAMS to be held in Las Vegas, Nevada, before an arbitrator to be selected by the JAMS. Any such arbitration may only be commenced within six months after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued. The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all Disputes will be limited between you, individually, and Fortress Trust. To the full extent allowable by law, you agree that no arbitration proceeding, or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis. Notwithstanding the foregoing, you agree that the following matters shall not, at the election of Fortress Trust, be subject to binding arbitration: (1) any Dispute related to, or arising from allegations of criminal activity; (2) any Disputes concerning Fortress Trust’s intellectual property rights; and (3) any claim for injunctive relief. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Electronic Signatures in Global and National Commerce Act/Uniform Electronic Transactions Act. Under this Terms of Service, you agree that Fortress Trust may provide all Communications to you electronically by email, by text message, or by making them accessible via Fortress Trust, including its authorized integrators, websites or applications. “Communications include, but are not limited to, (1) agreements and policies required to use the Services (e.g. this Terms of Service, Privacy Policy and other agreements posted on the Platform or otherwise agreed to), (2) payment authorizations and transaction receipts or confirmations, (3) account statements and history, (4) and all federal and state tax statements and documents. We may also use electronic signatures and obtain them from you. To access and retain the electronic Communications, you will need the following:
A computer or mobile device with Internet or mobile connectivity.
• For desktop website-based Communications:
• Recent web browser that includes 256-bit encryption;
• The browser must have cookies enabled. Use of browser extensions may impair full website functionality; and Minimum recommended browser standards are the most recent versions of Mozilla Firefox (see http://www.mozilla.com for latest version), Apple Safari (see http://www.apple.com/safari for latest version), or Google Chrome (see http://www.google.com/chrome for latest version).
For application-based Communications:
• A recent device operating system that supports text messaging, downloading, and applications from the Apple App Store or Google Play store; and
• The most recent versions of Apple Safari or Google Chrome on iOS or Google Chrome for Android OS.
• Access to the email address used to create an account for the Services.
• Sufficient storage space to save Communications and/or a printer to print them.
You may withdraw your consent to receive electronic Communications at any time, by writing to Fortress Trust (legal@fortresstrust.us). However, withdrawal of your consent to receive electronic Communications may result in termination of your access to Services. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request, and Fortress Trust will confirm your withdrawal of consent and its effective date in writing (either electronically or in paper form). You can change your email address by writing to Fortress Trust. You may also be able to change your email address yourself through the Services.
Integration and Severability. The failure of Fortress Trust to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fortress Trust. These Terms of Service and other referenced materials are the entire agreement between you and Fortress Trust with respect to the Service, and supersede all prior or contemporaneous communication and proposals (whether oral, written or electronic) between you and Fortress Trust with respect to the Service and govern the future relationship. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court or arbitral, as applicable, of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect and enforceable.
Miscellaneous. Except as expressly provided in these Terms of Service, there shall be no third-party beneficiaries to the Terms of Service. Fortress Trust shall have the right to assign its rights or delegate any of its responsibilities under these Terms of Service to an affiliate or in connection with a merger, consolidation or reorganization of Fortress Trust for the sale of substantially all of its assets. In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto. You further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision. Our affiliates, officers, directors and members shall be deemed third party beneficiaries to these Terms of Service.These Terms of Service contain the entire understanding between you and Fortress Trust relating to the Platform and Fortress Trust’s services. These Terms of Service supersede any other Terms of Service or agreement regarding the Platform and Fortress Trust’s services prior to the date hereof.These Terms of Service were last updated on June 14, 2022.
