Fortress Trust Account Disclaimers.
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 all financial institutions to obtain, verify, and record information that identifies each person who 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 a copy of your driver’s license or other identifying documents.
Electronic Fund Transfers
Consumer Liability
Tell Fortress Trust AT ONCE if you believe an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell Fortress Trust within 2 business days after you learn of the loss, you can lose no more than $50 if someone used your funds without your permission. If you do NOT tell Fortress Trust within 2 business days after you learn of the loss, and Fortress Trust can prove Fortress Trust could have stopped someone from using your funds without your permission if you had told Fortress Trust, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell Fortress Trust at once. If you do not tell Fortress Trust within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if Fortress Trust can prove that Fortress Trust could have stopped someone from taking the money if you had told Fortress Trust in time. If a good reason (such as a long trip or a hospital stay) kept you from telling Fortress Trust, we will extend the time periods.
Contact in event of unauthorized transfer
If you believe an electronic fund transfer has been made without your permission, call: 702.813.3800 or write: Fortress Trust, Error Resolution Department, 10801 W. Charleston Blvd., Suite 440, Las Vegas, NV 89135
Business days
For purposes of these disclosures, Fortress Trust business days are Monday through Friday. Holidays are not included.
Confidentiality
Fortress Trust will disclose information to third parties about your account or the transfers 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 third party, such as a credit bureau or merchant, or (iii) In order to comply with government agency or court orders, or (iv) If you give Fortress Trust your written permission.
Documentation
Periodic statements. You will get a monthly account statement (unless there are no transfers in a particular month. In any case you will get the statement at least quarterly).
Financial institution’s liability
If Fortress Trust does not complete a transfer to or from your account on time or in the correct amount according to your agreement with Fortress Trust, Fortress Trust will be liable for your losses or damages. However, there are some exceptions. Fortress Trust will not be liable, for instance:
i. If, through no fault of Fortress Trust, you do not have enough money in your account to make the transfer.
ii. If the system was not working properly and you knew about the breakdown when you started the transfer.
iii. If circumstances beyond Fortress Trust control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
iv. There may be other exceptions stated in Fortress Trust’s Custody Agreement with you.
Truth in Savings Disclosure
RATE INFORMATION INCLUDING COMPOUNDING & CREDITING
Unless otherwise agreed in writing, your account is a non-interest bearing account.
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 be charged a monthly fee to maintain your account. But you could be charged monthly fees by Layer2 Financial or other providers for other services different that maintaining the account.
TRANSACTION LIMITS
Fortress Trust 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 have consented to receive electronic statements for your account. If you withdraw your consent to receive electronic statements (or any other electronic communications), your account will be closed.
ACCOUNT CLOSING
Fortress Trust reserves the right to terminate your account at any time. If your account is terminated, any proceeds in your account will be returned to the original source of payment that you, the account holder, used to fund the account unless otherwise agreed.
FUNDS AVAILABILITY DISCLOSURE
YOUR ABILITY TO WITHDRAW FUNDS
Our policy is to make funds from deposits of cash, electronic direct deposits and wire transfers to your account available on the day Fortress Trust receive the deposit. All check deposits, including, but not limited to; official bank, cashier's, certified, tellers, traveler's, and federal, state and local government checks will be available on the next business day following the day of your deposit. Once the funds are available, you can withdraw them in cash and Fortress Trust will use them to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before the close of business on a business day that Fortress Trust is open, Fortress Trust will consider that day to be the day of your deposit. However, if you make a deposit after the close of business, or on a day Fortress Trust is not open, Fortress Trust will consider the day of your deposit to be the next business day that we are open (for example, if you mail the deposit or utilize our night deposit drop). Even after Fortress Trust have made funds available to you, and you have withdrawn the funds, you are still responsible for deposited checks that are returned to Fortress Trust unpaid and for any other problems involving your deposit.
LONGER DELAYS MAY APPLY
Funds you deposit by check may be delayed for a longer period under the following
circumstances:
• Fortress Trust believe a check you deposit will not be paid.
• You deposit checks totaling more than $5,525 on any one day.
• You/ Fortress Trust 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 communications equipment.
Fortress Trust will notify you if we delay your ability to withdraw funds for any of these reasons, and Fortress Trust will tell you when the funds will be available. They will generally be available on the 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 during the first 30 days your account is open. Fortress Trust policy is to make funds from deposits of cash, electronic direct deposits and wire transfers to your account available on the day Fortress Trust receives the deposit. The first $5,525 of a day’s total deposits of official bank, cashier’s, certified, teller’s, traveler’s, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. 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 your deposit. If your deposit of these checks (other than a U.S.
Treasury check) is not made in person to one of Fortress Trust employees, the first $5,525 will not be available until the second business day after the day of your deposit.
Funds from all other check deposits will be available on the seventh business day after the day of your deposit.
FOREIGN ITEMS
Deposited items that are drawn on financial institutions outside of the U.S., and not payable at or through a U.S. branch correspondent financial institution will not be available to you until Fortress Trust receives payment. Even after Fortress Trust have made funds available to you, and you have withdrawn the funds, you are still responsible for deposited checks that are returned to Fortress Trust unpaid and for any other problems involving your deposit.
HOLDS ON OTHER FUNDS
If Fortress Trust accepts for deposit a check that is drawn on another bank, Fortress Trust may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with Fortress Trust. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
