IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To help the government fight the funding of terrorism
and money laundering activities, Federal law requires financial institutions to obtain, verify, and record information
that identifies each individual or entity that opens an account. What this means for you: When you open an account,
we will ask for your name, address, date of birth, and other information that will allow us to identify you. We
may also ask to see your driver's license or other identifying documents.
The undersigned account holder ("Account Holder") hereby requests and directs that Fortress Trust LLC ("Fortress"),
a Nevada financial institution (dba Fortress TC), establish one or more Fortress Trust Account(s) (collectively,
the "Account") for and in the name of Account Holder, and to hold as custodian all assets contributed to, or collected
with respect to such Account, upon the following terms and conditions (the "Agreement:):
1.1
Account Holder here by appoints Fortress to serve as custodian of and to hold or process as directed all assets
contributed by Account Holder ("Custodial Property") that are delivered to Fortress by Account Holder or your Agent(s) (as
defined below) to the Account in accordance with the terms of this Agreement. Account Holder is creating one or more
self-directed Accounts with situs in the State of Nevada, in each case subject to the terms of this Agreement. Fortress
will act solely as custodian of the Custodial Property and will not exercise any investment or other discretion regarding
your Account or Custodial Property. Fortress undertakes to perform only such duties as are expressly set forth
herein, all of which are ministerial in nature.
1.2
Account Holder acknowledges and agrees that: (i) the value of your Custodial Property will be solely dependent
upon the performance of any asset(s) chosen by you and/or your Agents; (ii) Fortress shall have no duty or obligation
to review or perform due diligence on any investments or other Custodial Property contributed to your Account,
(iii) Fortress does not provide any valuation or appraisals of Custodial Property, and (iv) Fortress role is that
of a passive, pass-through capacity in providing such information (if any) on your Account statements and that
such valuation estimates or price quotations are neither verified, substantiated nor to be relied upon in any way,
for any purpose, including, without limitation, tax reporting purposes. As a self-directed account, Fortress shall
not conduct any due diligence on Custodial Property, including ascertaining the cost basis or assets or otherwise
review the suitability of any contributed Custodial Property, except as required by applicable regulations.
1.3
You agree to engage an independent advisor for any valuation opinion(s) or other professional advice with respect
to any Custodial Property.
1.4
Account Holder may designate and appoint one or more third-parties as agents on your Account ("Agents") by
providing access to your Accounts directly through online dashboard access provided by Fortress or indirectly through
third-party integrators used to access your Account. By providing an Agent access to your account, Agents shall
have full access to your Account(s) and the authority to instruct Fortress to execute transactions in your Account,
including transferring and disbursing funds. Account Holder bears complete and absolute responsibility for all
buy, sell, transfer, and disbursement instructions for this Account and will immediately notify Fortress of any
unauthorized transactions. Any actions undertaken by any of your Agents are deemed to be those of the Account Holder
directly, and you agree to maintain the security of your login credentials and passwords, as well as Agent access
lists and associated permissions, so only your authorized persons have access to your Account. Fortress shall also
be entitled to rely and act upon any instructions, notices, confirmations or orders received from your Agent(s),
including third-party integrated platforms used to access the Account, as if such communication was received directly
from the Account Holder without any required further review or approval. Account Holder is solely responsible for
monitoring and supervising the actions of your Agents with respect to the Account and Custodial Property.
1.5
Account Holder will not direct or permit its Agents to direct the purchase, sale or transfer of any Custodial
Property which is not permissible under the laws of Account Holder's place of residence or illegal under US federal,
state or local law. Account Holder is solely responsible for compliance with any such restrictions.
1.6
Account Holder hereby warrants that neither you nor your Agents will enter into a transaction or series of
transactions, or cause a transaction to be entered into, which is prohibited under Section 4975 of the Internal
Revenue Code. Pursuant to the directions of the Account Holder or Agent(s), Fortress shall process the investment
and reinvestment of Custodial Property as directed by Account Holder or its Agents only so long as, in the sole
judgment of Fortress, such requested investments will not impose an unreasonable administrative burden on Fortress
(which such determination by Fortress shall not to be construed in any respect as a judgment concerning the prudence
or advisability of such investment) or potentially violate applicable law. Fortress may rely upon any notice,
instruction, request or other instrument believed by it to have been delivered from the Account Holder or its
Agents, not only as to its due execution, validity and effectiveness, but also as to the truth and accuracy of any
information contained therein.
1.7
Account Holder acknowledges that any request to waive or change any policies or procedures for asset disbursements
is done so at Account Holders risk. Fortress may decline to accept verbal asset transfer or trade instructions
in its sole discretion and require written instructions, or instructions triggered from Account Holder or its Agents
using tools while logged into your Account.
1.8
Account Holder understands that if your account is dormant for ninety days or more, Fortress may, at its discretion
and upon notice, terminate and close your Account. In the event that Fortress is unable to contact you or your
Agent, Account balance may be escheated in accordance with applicable law. If your Account balance is escheated,
you agree that Fortress is relieved of all responsibility for the balance escheated.
2.1
Fortress shall have the right to accept or decline contributions of Custodial Property at its sole discretion.
Without limiting the generality of the foregoing, Fortress does not accept physical assets such as gold, stock
certificates, bonds etc. into custody. Fortress also accepts a limited number of cryptocurrencies and reserves
the right to restrict cryptocurrencies at anytime upon the advice of counsel. For more information on acceptable
assets, please contact support@fortresstrust.us. Fortress is authorized to collect into custody all property delivered
to Fortress at the time of execution of this Agreement, as well as all property which is hereafter purchased for
your Account or which may hereafter to be delivered to Fortress for your Account pursuant to this Agreement, together
with the income, including but not limited to interest, dividends, proceeds of sale and all other monies due and
collectable attributable to the investment of the Custodial Property.
2.2
Fortress shall be responsible for safekeeping only Custodial Property which is delivered and accepted into
its possession and control. Fortress may for convenience take and hold title to Custodial Property or any part
thereof in its own name (for the benefit of its customers) or in the name of its nominee with Account Holder ownership
of Custodial Property segregated on its books and records.
2.3
Fortress shall keep accurate records of segregation of customer accounts to show all receipts, disbursements,
and other transactions involving the Account. All such records shall be held indefinitely by Fortress. Fortress
shall collect and hold all funds when Custodial Property may mature, be redeemed or sold. Fortress shall hold the
proceeds of such transaction(s) until receipt of written or electronic (via our systems) disbursement instructions
from Account Holder.
2.4
Fortress shall process any purchase, sale, exchange, investment, disbursement or reinvestment of Custodial
Property under this Agreement that Account Holder or its Agents may at any time direct, provided that sufficient
unencumbered, cleared assets are available for such transaction.
2.5
Funds received in foreign currencies will be automatically converted to US Dollars at exchange rates set by
Fortress. For foreign currency accounts, please contact support@fortresstrust.us.
2.6
Fortress is authorized, in its sole discretion, to comply with orders issued or entered by any court with respect
to the Custodial Property held hereunder, without determination by Fortress of such court's jurisdiction in the
matter. If any portion of the Custodial Property held hereunder is at any time attached, garnished or levied upon
under any court order, or in case the payment, assignment, transfer, conveyance or delivery of any such property
shall be stayed or enjoined by any court order, or in case any order, judgment or decree shall be made or entered
by any court affecting such property or any part thereof, then and in any such event, Fortress is authorized, in
its sole discretion, to rely upon and comply with any such order, writ, judgment or decree which it is advised
by legal counsel selected by it is binding upon it without the need for appeal or other action, and if Fortress
complies with any such order, writ, judgment or decree, it shall not be liable to any of the parties hereto or
to any other person or entity by reason of such compliance even though such order, writ, judgment or decree may
be subsequently reversed, modified, annulled, set aside or vacated.
2.7
The Account is not a brokerage or trading account and should not be used for such purpose. Fortress does not
warrant or guarantee that any buy or sell instructions to Fortress by Account Holder will be executed at the best
posted price, timely executed or executed at all. Account Holder acknowledges and agrees that (i) Fortress does
not have access to every market or exchange which a particular product or financial instrument may be purchased
or sold and Fortress makes no representation regarding the best price, execution of any instructions, timely execution
or its continued availability of such services, (ii) other orders may be executed ahead of Account Holder's order
and exhaust available volume at a posted price, (iii) exchanges, market makers or other types of sellers or purchasers
may fail to honor posted or otherwise agreed-upon prices, (iv) exchanges may re-route customer orders out of automated
execution systems for manual handling (in which case, execution may be substantially delayed), (iv) system delays by
exchanges or third- parties executing instructions may prevent Account Holders order from being executed, may cause a
delay in execution or not to be executed at the best posted price or at all, and, (v) Fortress may not promptly or in
a timely manner execute Account Holder's order(s) due to internal delays, and Fortress makes no representation
that its custody services are in any way suitable for active trading or any activity requiring prompt or exact
execution. Fortress may execute such purchase instructions as a riskless principal. Transactions may be subject
to additional fees and charges by both Fortress and any third-party service providers or exchanges.
6.1
This Agreement is effective as of the date set forth below and shall continue in force until terminated by
either party at any time upon 30 days written notice to the other party (with email being an agreed upon method
of such notice). Notwithstanding the foregoing, Fortress may immediately terminate this agreement without prior
notice or liability in the event that (i) Fortress reasonably believes that Account Holder may be engaged in activity
that may violate applicable law, (ii) termination is deemed appropriate by Fortress to comply with its legal or
regulatory obligations; (iii) upon death of the Account Holder, provided, however, Fortress shall continue to hold
Custodial Property until such time Fortress receives instructions from Account Holder's executor, trustee or
administrator pursuant to the probate process, as applicable, and has received advice of its legal counsel
to transfer such assets (which costs shall be borne by the Account Holder); (iv) filing of a petition in bankruptcy
by the Account Holders or by a creditor of the Account Holders; or (v) the legal incompetency of Account Holder,
unless there is in existence a valid durable power of attorney or trust agreement authorizing another to succeed
or act for Account Holder with respect to this agreement.
6.2
This Agreement may be amended or modified only by Fortress, or with the written agreement from Fortress. Such
amendments or modifications shall be effective on the 30th day after the Account Holder receives notice of such
revision electronically via the email address shown on the records of Fortress.
6.3
Upon termination, Fortress shall deliver the Custodial Property to Account Holder as soon as practicable or,
at Account Holder or it's Agents request to a successor custodian. Account Holder acknowledges that Custodial Property
held in Fortress's name or nominee may require additional time to process.
6.4
If this Agreement terminates due to the filing of a petition in bankruptcy, termination or dissolution of Account
Holder, Fortress shall deliver the Custodial Property to the Court appointed representative for Account Holder.
If no representative has been appointed by the Court, Fortress may deliver the Custodial Property to the person
it deems to be an agent of the Account Holder and such delivery will release Fortress from any further responsibility
for said Custodial Property.
7.
DISCLAIMER: EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, FORTRESS MAKES NO REPRESENTATION OR WARRANTY OF
ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). FORTRESS EXPRESSLY DISCLAIMS ANY AND
ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT.
FORTRESS DOES NOT WARRANT AGAINST INTERFERENCE WITH THE USE OF THE SERVICES OR AGAINST INFRINGEMENT. FORTRESS DOES
NOT WARRANT THAT THE SERVICES OR SOFTWARE ARE ERROR-FREE OR THAT OPERATION OR DATA WILL BE SECURE OR UNINTERRUPTED.
FORTRESS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF THE FLOW OF DATA AND DELAYS ON THE INTERNET,
INCLUDING BUT NOT LIMITED TO FAILURE TO SEND OR RECEIVE ANY ELECTRONIC COMMUNICATIONS. ACCOUNT HOLDER DOES NOT
HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF FORTRESS TO ANY THIRD PARTY. ACCOUNT
HOLDER'S ACCESS TO AND USE OF THE SERVICES ARE AT ACCOUNT HOLDER'S OWN RISK. ACCOUNT HOLDER UNDERSTANDS AND AGREES
THAT THE SERVICES ARE PROVIDED TO IT ON AN "AS IS" AND "AS AVAILABLE" BASIS. FORTRESS EXPRESSLY DISCLAIMS LIABILITY
TO ACCOUNT HOLDER FOR ANY DAMAGES RESULTING FROM ACCOUNT HOLDER'S RELIANCE ON OR USE OF THE SERVICES. THE DISCLAIMERS
HEREIN ARE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
8.
LIMITATION OF LIABILITY.
8.1
FORTRESS SHALL NOT BE LIABLE FOR ANY ACTION TAKEN OR OMITTED TO BE TAKEN BY IT IN GOOD FAITH UNLESS AS A RESULT
OF ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN EACH CASE AS DETERMINED BY AN ADJUDICATOR OF COMPETENT JURISDICTION,
AND ITS SOLE RESPONSIBILITY SHALL BE FOR THE HOLDING AND DISBURSEMENT OF THE CUSTODIAL PROPERTY IN ACCORDANCE WITH
THE TERMS OF THIS AGREEMENT, SHALL HAVE NO IMPLIED DUTIES OR OBLIGATIONS AND SHALL NOT BE CHARGED WITH KNOWLEDGE
OR NOTICE OF ANY FACT OR CIRCUMSTANCE NOT SPECIFICALLY SET FORTH HEREIN, ACCOUNT HOLDER HEREBY ACKNOWLEDGES AND
AGREES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, FORTRESS WILL NOT, UNDER ANY CIRCUMSTANCES,
BE LIABLE TO ACCOUNT HOLDER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED
TO ANY INVESTMENT OR TRANSACTION OCCURRING UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR
LOSS OF BUSINESS, EVEN IF FORTRESS HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH LOSS OR DAMAGE AND REGARDLESS OF
THE FORM OF ACTION. THIS INCLUDES ANY LOSSES OR PROBLEMS OF ANY TYPE RESULTING FROM INCIDENTS OUTSIDE OF OUR DIRECT
CONTROL, INCLUDING BUT NOT LIMITED TO ERRORS, HACKS, THEFT OR ACTIONS OF ISSUERS, TRANSFER AGENTS, SMART CONTRACTS,
BLOCKCHAINS AND INTERMEDIARIES OF ALL TYPES. ACCOUNT HOLDER HEREBY ACKNOWLEDGES AND AGREES UNDER NO CIRCUMSTANCES WILL FORTRESS'S
TOTAL LIABILITY OF ANY AND ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO
WARRANTY CLAIMS), REGARDLESS OF THE FORM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT,
OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID, IF ANY, BY ACCOUNT HOLDER TO FORTRESS UNDER THIS AGREEMENT
DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS
OF LIABILITY HEREIN ARE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
9.1
Account Holder agrees to indemnify, defend and hold harmless Fortress and its shareholders, directors, officers,
employees and agents (the "Indemnified Parties") from and against any and all losses, costs, expenses, fees, claims,
damages, liabilities and causes of actions (including, but not limited to, reasonable attorney fees and disbursements)
of third parties resulting or arising from: (a) Account Holder, or its Agent's, failure to abide by or perform
any obligation imposed upon Account Holder under this agreement, (b) the willful misconduct, fraud, criminal activity,
intentional tort or negligence of Account Holder or any of its representatives involving use of the Account and
the services provided by Fortress; (c) the actions, omissions or commissions of Account Holder, its employees,
consultants and/or agents relating to the services provided by Fortress; and (d) any payment request, wire transfer,
transmission or instruction, whether or not authorized, acted upon by Fortress in good faith. Account Holder shall
be provided with prompt notice of any claims and given full authority and assistance (at Account Holder's expense)
for the defense of any such claims; provided that Fortress may participate in such defense and settlement with
counsel of Fortress' own choosing at Fortress' own expense; provided, further, however, Account Holder shall have
no authority to settle any claim against any Indemnified Party without the prior written consent of such Indemnified
Party (which consent shall not be unreasonably withheld).
9.2
Account Holder agrees to bear sole responsibility for the prosecution or defense, including the employment
of legal counsel, of any and all legal actions or suits involving the Account, which may arise or become necessary
for the protection of the investments in that Account, including any actions lodged against Fortress. Account Holder
also agrees to bear sole responsibility for enforcing any judgments rendered in favor of the Account, including
judgments rendered in the name of Fortress as Fortress of the Account. Account Holder agrees to be responsible
for any and all collection actions, including contracting with a collection agency or institutional legal action,
and bringing any other suits or actions which may become necessary to protect the rights of the Account. Account
Holder understands that any legal filings made on behalf of this Investment are to be made on behalf of beneficial
owners for whom Fortress acts as custodian. Account Holder agrees not to institute legal action on behalf of the
Account without Fortress's written consent to litigate and that Account Holder shall prosecute any legal action.
Account Holder agrees that any such legal action will be carried out in a manner that does not cause Fortress to
incur any costs or legal exposure.
