WHAT DOES ITRUST CAPITAL, INC. ("ITRUST") DO WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security number Transaction history and overdraft history Account transactions and checking account information When you are no longer our customer, we continue to share your information as described in this notice.
All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons iTrust chooses to share; and whether you can limit this sharing.
Date of Last Revision: October 29, 2020
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.
ALL INVESTMENTS INVOLVE SUBSTANTIAL RISK OF LOSS. ALL TRADING STRATEGIES ARE USED AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR THE FINANCIAL RESOURCES YOU UTILIZE. IF THE MARKET MOVES AGAINST YOU, YOU MAY SUSTAIN A TOTAL LOSS OF THE INITIAL AMOUNT YOU ALLOCATED TO THE INVESTMENT. YOU SHOULD NOT ENGAGE IN TRADING UNLESS YOU FULLY UNDERSTAND THE NATURE OF THE TRANSACTION YOU ARE ENTERING INTO AND THE EXTENT OF YOUR EXPOSURE TO LOSS. IF YOU DO NOT FULLY UNDERSTAND THESE RISKS, YOU SHOULD SEEK INDEPENDENT ADVICE FROM YOUR FINANCIAL ADVISOR. Please read the full Risk Disclosure found below.
iTrust Capital, Inc. (“we”, “us”, “iTrust”) is a digital asset IRA trading platform that facilitates clients directly buying and trading cryptocurrencies and precious metals in real-time through their retirement accounts. By accessing or using our website at iTrustcapital.com or any mobile application (collectively, the “Site”), you agree that you have read, understand and agree to comply with this Agreement (defined below) regardless of whether you are registered as a user.
These terms of service, any additional terms posted on our website from time to time and the additional documents noted above are collectively referred to as the “Agreement.”
If after reading this Agreement in its entirety you are still unsure of anything or you have any questions, please contact info@iTrustcapital.com. We may revise this Agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. We reserve the right to amend this Agreement at any time without notice, subject to applicable law. If our changes reduce your rights or increase your responsibilities we will provide notice to you of at least 21 days. By continuing to use our Services after any changes to this Agreement become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to this Agreement, you may close your account.
ACCESS TO THE SERVICE
Eligibility: You must be an individual who is able to lawfully enter into this Agreement who resides in the United States or one of its territories to use the Service. Use of certain Services may have further eligibility requirements that will need to be verified prior to you using such Services or from time to time in order to continue your use of the Services. Certain features of the Services may be limited depending on the state in which you reside, the date on which you created your account or other factors.
Access: To access the Services, you must have the necessary equipment (such as a smartphone or laptop) and the associated telecommunication service subscriptions to access the Internet. The Services can be accessed directly using the Site. Although we strive to provide you with excellent service, we do not represent that the Site or the Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open. iTrust is not liable for any losses resulting from or arising out of transaction delays or failure by vendors or other third-parties to provide their services as and when expected.
Your Registration Obligations: You are required to register with iTrust in order to access and use certain features of the Service. Your acceptance of the Electronic Communications Policy is required to create an account. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If any of this information changes, it is your obligation to provide updated information as soon as possible. From time to time, we may also require you to provide further information as a condition for continued use of the Services. We reserve the right to maintain your account registration information after you close your account for business and regulatory compliance purposes. You may register for only one (1) iTrust account. If you open additional accounts, we reserve the right to immediately close such additional accounts. You agree and represent that you will use iTrust for yourself and not on behalf of any third party.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. We will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: Some of the Services are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) in the future, there may be the ability to access certain features through a mobile application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber and device details, if available, to us and our service providers for the duration of the business relationship, solely for identity verification and fraud avoidance.
Mobile Communications: By accepting this Agreement, you expressly consent to be contacted by us at any telephone number, e-mail address, mailing address, account with us, or physical or electronic address you provide or at which you may be reached. You agree we, our agents, or service providers may contact you in any way, including by e-mail, SMS messages (including text messages) and calls using prerecorded messages or artificial voice at any phone number you have provided to us, including any mobile phone number, as well as any address in our records or in public or nonpublic databases. You understand that you are not required to provide consent to marketing SMS messages as a condition to accessing our Services. You may withdraw your consent to SMS communications by replying STOP to the SMS message, or by contacting us at info@iTrustcapital.com. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. You are responsible for any and all charges, including fees associated with text messaging, imposed by your communications service provider. You agree that we and our agents, representatives, or anyone calling on our behalf may contact you on a recorded or monitored line and that any incoming calls may also be recorded and monitored. In the future, we may have the ability to send you alerts, as such, you also agree to receive alerts about your account activity, balances, payments, suspicious activities, and other matters involving your use of the Site or the Services through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted, and may include your name and information pertaining to your account or use of the Site. We may terminate your use of push notifications at any time without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or device.
FUNDING, FEES, PRICING, VALUATION AND TRADING
Account Funding: When you open your iTrust account, you will be assigned an IRA account number by iTrust’s custodian, iTrust Custodial Services. There are several types of retirement accounts, each of which is subject to various rules. We recommend you speak with your accountant and/or financial advisor regarding which type of retirement account to open. Your IRA account can be funded by transferring funds or allowed assets in kind from the custodian of your existing retirement account or with cash via wire transfer. Funding an IRA account with a credit card is prohibited. We recommend that you consult with your tax and financial advisors regarding allowable contribution limits for tax advantaged accounts. ITrust is not responsible for advising you of any funding limits or for any consequences of you overfunding your account.
Fees: A full list of iTrust fees for your iTrust account can be found on our Pricing and Fees Disclosures page. By using the Services, you agree to pay all applicable fees. We reserve the right to adjust our pricing and fees and any applicable waivers at any time. If we do change our prices, we will provide notice of the change on the Site or in email to you, at our option on or before the date of the change. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You are responsible for paying your financial services provider, all taxes associated with the Services other than U.S. taxes based on our net income and any fees charged by third-parties for you to access or use the Services.
Pricing Information and Portfolio Valuation: ITrust does not make a market in any digital, virtual, or crypto currency (as those terms are customarily understood in the financial services industry), such as Bitcoin, Ethereum, Ripple, Bitcoin Cash, Litecoin, and EOS (without limitation, “Digital Currency”). Pricing data (and resulting portfolio valuation and performance data) displayed on the Site are provided by or based on information provided by one or more exchanges, may be delayed or otherwise not up to date, may be incorrect, and there is no guarantee that any amount of Digital Currency can be purchased or liquidated for the price indicated. No price is guaranteed until the transaction is settled on the exchange settling the transaction. Valuation and performance data is [inclusive], liquidity provider and ITrust transaction fees. ITrust will make commercially reasonable efforts to ensure that transaction history information, including associated portfolio holdings, are all accurately displayed on the Site, but ITrust does not guarantee the accuracy of such information. All pricing and other information (including portfolio valuation and performance data) on the Site is provided on an “as is” basis for your personal information only, no representations are made as to the accuracy of such information, and you agree not to rely upon such information for any purpose. ITrust (a) expressly disclaims the accuracy, adequacy, or completeness of any pricing or valuation or performance data displayed and (b) shall not be liable for any errors, omissions or other defects in, delays or interruptions in such data, or for any actions taken in reliance thereon. ITrust shall not be liable for any damages relating to your use of the information provided on the Site.
Trading: Once you have set up and funded your IRA account with iTrust’s custodian, you may make trades in accordance with the terms of Terms of Service and the Adoption Agreement.
Storage: Digital Assets are stored by iTrust’s custodian using an institutional cryptocurrency storage wallet provider, and all precious metal purchases are executed through precious metals leader Kitco and are physically held at the Royal Canadian Mint with ownership managed via a secure blockchain distributed ledger. Cash is held at Signet, a division of Signature Bank.
Refund and Cancellation: You can cancel your account at any time if your account value is zero US dollars ($0.00) or after transferring out any account balance if your account value is greater than zero US dollars ($0.00). To transfer an account balance and/or to cancel your account, notify our support team via email at email@example.com. If you never funded your account, we will refund any fees billed to your account. Your account will not be billed for any fees beginning in the month following the month in which all assets were transferred from iTrust.
Form of Payment: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a form of payment and provide information to us regarding your form of payment. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address) that may occur. You agree to pay to us the amount that is specified in accordance with this Agreement. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you.
CONDITIONS OF USE
Account Suspension & Closure: We may, in our sole and absolute discretion, without liability to you or any third party, refuse to let you open an account, suspend your account, or terminate your account or your use of one or more of the Services. Such actions may be taken as a result of account inactivity, failure to respond to customer support requests, failure to positively identify you or your violation of the terms of this Agreement. You may terminate this agreement at any time by closing your iTrust account and discontinuing use of the Services.
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or that we prohibit. You agree to not use the Service to: violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
intentionally try to defraud (or assist in the defrauding of) iTrust or other iTrust users;
provide false, inaccurate, or misleading information;
take any action that interferes with, intercepts, or expropriates any system, data, or information;
partake in any transaction involving the proceeds of illegal activity;
transmit or upload any virus, worm, or other malicious software or program;
attempt to gain unauthorized access to other iTrust accounts, the iTrust website, or any related networks or systems;
use the Services on behalf of any third party or otherwise act as an intermediary between iTrust and any third parties;
collect any user information from other iTrust users, including, without limitation, email addresses;
defame, harass, or violate the privacy or intellectual property rights of iTrust or any other iTrust users; or
upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
THIRD-PARTY DISTRIBUTION CHANNELS
We may offer Software (defined below) applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:
iTrust and you acknowledge that this Agreement are concluded between iTrust and you only, and not with Apple Inc. (“Apple”), and that as between iTrust and Apple, iTrust not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be iTrust’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
iTrust and you acknowledge that iTrust not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to:
product liability claims;
any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between iTrust and Apple, iTrust not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to iTrust as follows: ITrust Capital, Inc., 18575 Jamboree Rd. Suite 600, Irvine, CA 92612.
iTrust and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of iTrust and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by iTrust. The iTrust name and logos are trademarks and Service marks of iTrust (collectively the “Trademarks”). Other product, and Service names and logos used and displayed via the Service may be trademarks or Service marks of their respective owners who may or may not endorse or be affiliated with or connected to iTrust. Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will we be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content, but that iTrust and its designees will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, we and our designees will have the right to remove any content that violates this Agreement or that we deem, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
comply with legal process, applicable laws or government requests;
enforce this Agreement;
respond to claims that any content violates the rights of third parties; or
protect the rights, property, or personal safety of iTrust, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. d. Copyright Complaints: We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to iTrust’s Copyright Agent at info@iTrustcapital.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: ITrust Capital, Inc., 18575 Jamboree Rd. Suite 600, Irvine, CA 92612.
Copyright Notices: To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also in our sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY WEBSITES: The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
INDEMNITY AND RELEASE: You agree to release, indemnify and hold iTrust and its officers, employees, directors, affiliates, vendors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of this Agreement or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ITRUST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ITRUST MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT ITRUST WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ITRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL ITRUST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ITRUST IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
DISPUTE RESOLUTION BY BINDING ARBITRATION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and iTrust, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and iTrust are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND ITRUST AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ITRUST AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution: We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@iTrustcapital.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to iTrust should be sent to ITrust Capital, Inc., 18575 Jamboree Rd. Suite 600, Irvine, CA 92612 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If iTrust and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or iTrust may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by iTrust or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or iTrust is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless iTrust and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, iTrust agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, iTrust will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, iTrust will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, iTrust will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Agreement will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in this Agreement to the contrary, iTrust agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending iTrust written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
TERMINATION: You agree that iTrust in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if iTrust believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. iTrust may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that iTrust may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that iTrust will not be liable to you or any third party for any termination of your access to the Service.
USER DISPUTES: You agree that you are solely responsible for your interactions with any other user in connection with the Service and we will have no liability or responsibility with respect thereto. We reserve the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
GENERAL: This Agreement constitutes the entire agreement between you and iTrust with respect to your use of the Site and the Service, superseding any prior agreements between you and iTrust with respect to the Site and the Service; provided, however, that you may also be subject to additional terms and conditions for Services provided by iTrust as applicable. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. This Agreement will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and iTrust agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Orange County, California. The failure of iTrust to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Agreement without the prior written consent of iTrust but iTrust may assign or transfer this Agreement, in whole or in part, without restriction. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Service.
NOTICE FOR CALIFORNIA USERS: Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. You may contact us at ITrust Capital, Inc., 18575 Jamboree Rd. Suite 600, Irvine, CA 92612. Questions? Concerns? Suggestions? Please contact us at firstname.lastname@example.org to report any violations of this Agreement or to pose any questions regarding this Agreement or the Service.
Date of Last Revision: October 29, 2020
OUR COMMITMENT TO PRIVACY
PERSONAL DATA WE COLLECT Personal Data You Provide: We collect personal information when you create an account or link your accounting or tracking software to the service. The personal information collected during these interactions may vary based on what you choose to share with us, but it will generally include your name, date of birth, physical address, email address, phone number, and a log of the transactions you authorize through the service. We may need to collect additional information, such as your street address, certain digits of your social security number or zip code to fulfill our legal obligations related to providing the service to you. In addition, while you are using a mobile device or mobile application, we may collect your location information. Personal Data We Collect Through Our Social Media Pages: We have pages on social media sites like Facebook, Instagram, and Twitter (“Social Media Pages”). When you interact with our Social Media Pages, we will collect personal information that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages. Personal Data We Receive Automatically from Your Use of the Service: When you visit, use and interact with the service, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit the service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the service (e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and navigation pattern. In particular, the following information is created and automatically logged in our systems:
Log data: Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the service.
Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
Usage Information: We collect information about how you use our service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities.
HOW WE USE PERSONAL DATA We may use personal information for the following purposes:
To help you access and use the service;
To respond to your inquiries, comments, feedback or questions;
To send administrative information to you, for example, information regarding the service, and changes to our terms, conditions, and policies;
To analyze how you interact with our service
To develop new products and services;
To prevent fraud, criminal activity, or misuses of our service, and to ensure the security of our IT systems, architecture and networks; and
SHARING AND DISCLOSURE OF PERSONAL DATA In certain circumstances we may share your personal information with third parties without further notice to you, unless required by the law, as set forth below:
Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share personal information with vendors and service providers, including providers of hosting services, cloud services and other information technology services providers, email communication software and email newsletter services, advertising and marketing services, financial service providers (including payment card processors, banks, and API services) customer relationship management and customer support services, and web analytics services (for more details on the third parties that place cookies through the Site, please see the “Cookies” section above). Pursuant to our instructions, these parties will access, process or store personal information in the course of performing their duties to us. We take commercially reasonable steps to ensure our service providers adhere to the Security standards we apply to your personal information.
Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the services, or the public, or (v) protect against legal liability.
Other users: Your personal information may be accessible to other users of the service with whom you interact. For example, where you share a sub-account with other users (such as if you create a sub-account to share expenses related to a family vacation), the other users with access to the sub-account will have access to the transactions you authorize within that sub-account.
UPDATE YOUR INFORMATION Please log in to your account or contact us at info@iTrustcapital.com if you need to change or correct your personal information.
CHILDREN Our service is not directed to children who are under the age of 13. ITrust does not knowingly collect personal information from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided personal information to iTrust through the service please contact us at info@iTrustcapital.com and we will endeavor to delete that information from our databases.
SECURITY You use the service at your own risk. We implement reasonable technical, administrative, and organizational measures to protect personal information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the service or e-mail. Please keep this in mind when disclosing any personal information to iTrust via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the service, or third party websites.
YOUR CHOICES In certain circumstances providing personal information is optional. However, if you choose not to provide personal information that is needed to use some features of our services, you may be unable to use those features. You can also contact us to ask us to update or correct your personal information.
ITRUST PRIVACY NOTICE FACTS: WHAT DOES ITRUST CAPITAL, INC. ("ITRUST") DO WITH YOUR PERSONAL INFORMATION? Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. What? The types of personal information we collect and share depend on the product or service you have with us. This information can include: · Social Security number · Transaction history and overdraft history · Account transactions and checking account information When you are no longer our customer, we continue to share your information as described in this notice. How? All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons iTrust chooses to share; and whether you can limit this sharing. Reasons we can share your personal information Does iTrust share? Can you limit this sharing? For our everyday business purposes — such as to process your transactions and respond to court orders and legal investigations, or report to credit bureaus Yes No For our marketing purposes — to offer our products and services to you Yes No For joint marketing with other financial companies Yes No For our affliates' everyday business purposes — information about your transactions and experiences Yes Yes For our affliates' everyday business purposes — information about your creditworthiness No We don't share For our affiliates to market to you No We don't share For nonaffiliates to market to you No We don't share Questions? Go to itrustcapital.com. Who we are Who is providing this notice? This notice is being provided on behalf of iTrust Capital, Inc. What we do How does iTrust protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. How does iTrust collect my personal information? We collect your personal information, for example, when you · Open an account or provide account information · Give us your contact information or tell us who receives the money · Tell us where to send the money We also collect your personal information from other companies. Why can't I limit all sharing? Federal law gives you the right to limit only · sharing for affliates' everyday business purposes—information about your creditworthiness · affiliates from using your information to market to you · sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. Definitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. · iTrust does not share with nonaffiliates so they can market to you. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. · Our joint marketing partners include may include other financial companies. Other important information California Residents Only: We will not share information we collect about you with nonaffiliates, except as permitted by law, including, for example, with your consent or to provide financial services you have requested.
Date of Last Revision: October 29, 2020
ALL INVESTMENTS INVOLVE SUBSTANTIAL RISK OF LOSS. ALL TRADING STRATEGIES ARE USED AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR THE FINANCIAL RESOURCES YOU UTILIZE. IF THE MARKET MOVES AGAINST YOU, YOU MAY SUSTAIN A TOTAL LOSS OF THE INITIAL AMOUNT YOU ALLOCATED TO THE INVESTMENT. YOU SHOULD NOT ENGAGE IN TRADING UNLESS YOU FULLY UNDERSTAND THE NATURE OF THE TRANSACTION YOU ARE ENTERING INTO AND THE EXTENT OF YOUR EXPOSURE TO LOSS. IF YOU DO NOT FULLY UNDERSTAND THESE RISKS, YOU SHOULD SEEK INDEPENDENT ADVICE FROM YOUR FINANCIAL ADVISOR. iTrust Capital, Inc. (“we”, “us”, “iTrust”) is a digital asset IRA trading platform that facilitates clients directly buying and trading cryptocurrencies such as Bitcoin, Ethereum, Ripple, Bitcoin Cash, Litecoin, and EOS (without limitation, “Digital Currency”) and precious metals in real-time through their retirement accounts. By accessing or using our website at iTrustcapital.com or any mobile application (collectively, the “Site”), you agree that you have read, understand and agree with the following disclosures regardless of whether you are registered as a user. Financial Sophistication/Risk Tolerance. In ITrust’s opinion, investors should have the financial flexibility and resources, and the risk tolerance, to lose their entire investment. No Fiduciary, Broker, or Agency Relationship. ITrust does not contribute to the creation or the expansion of the Digital Currency supply available for sale ITrust is not an investment specialist, tax specialist, financial planner (certified or otherwise), or retirement advisor, and ITrust does not provide investment advice, tax advice, financial planning services, or retirement planning or retirement-specific advice. ITrust facilitates the purchase of Digital Currency and precious metals, nothing more, and charges a fee for the service it provides. There is no fiduciary relationship, broker dealer relationship, principal agent relationship or other special relationship between iTrust and its users. All investment decisions are made by iTrust users.
Digital Currency Investment Risk. In iTrust’s opinion, Digital Currencies are highly speculative investments. Digital Currencies are a relatively new asset and they are not backed by a sovereign government or nation. Digital Currencies, like fiat currencies in general, are not backed by a physical asset and, with exceptions, have no physical, easily transferable form. Digital Currencies currently depend entirely on the public’s willingness to accept the currency as a medium of exchange, and, unlike the U.S. dollar, there is no legal requirement that any provider of goods or services accept Digital Currencies as legal tender. Further, the regulatory framework is unsettled and evolving, and technological advances and developments in Digital Currency mining, competing alternatives, and other variables that might affect the market for such Digital Currencies are unpredictable. Precious Metals Investment Risk. In iTrust’s opinion, precious metals are a highly speculative investment. While such investments are backed by physical assets, they may not be easily transferable and the value may fluctuate quickly and widely. Precious metals are purchased on an “as is” and “as available” basis without representations, warranties, promises or guarantees of any kind by iTrust.
Diversification. ITrust does not offer any opinion as to which Digital Currency(ies) and/or precious metals to purchase, in what amount, and for how long an investor should hold such investment. Nor does ITrust offer any opinion as to what percentage, if any, of an investor’s portfolio should be devoted to alternative and highly speculative investments.
Past Performance No Guarantee of Future Returns. Historical performance is no guarantee of future results. Returns Not Guaranteed. ITrust has not made nor can it make any guarantee or representation that Digital Currency will be a profitable investment.
Assumption of the Risk; Decision to Purchase or Sell Is Customer’s Alone. Investors assume the risk of all purchase and sale decisions, and that all such decisions are based on their own research, prudence and judgment. ITrust makes no guarantee or representation regarding investor’s ability to profit from any transaction or the tax implications of any transaction.
Holding Digital Currency in an Individual Retirement Account. ITrust recommends that investors contact their accountants, attorneys and financial advisors regarding all investment choices and strategies. ITrust is not a legal or tax professional and does not provide legal or tax advice. ITrust makes no representation or warranty that purchasing Digital Currency for placement in an individual retirement account complies with government regulations or statutes or that current rules and statutes will not change.
Volatility. The success of an investment in Digital Currency is dependent in part upon extrinsic economic forces including supply, demand, international monetary conditions, inflation or the expectation of inflation, confidence (or any lack thereof) in the security or technological foundation of the Digital Currency, the emergence of additional alternative currencies, market acceptance, geopolitical events, global tax policies, monetary policies of central banks globally, and an evolving and unpredictable regulatory framework. The impact of these forces on the value of Digital Currencies, or any particular Digital Currency, cannot be predicted. Digital Currency markets can be volatile. Pricing Information and Portfolio Valuation. ITrust does not make a market in any digital, virtual, or Digital Currency. Pricing data (and resulting portfolio valuation and performance data) displayed on the Site are provided by or based on information provided by one or more exchanges and data services, may be delayed or otherwise not up to date, may be incorrect, and there is no guarantee that any amount of Digital Currency can be purchased or liquidated for the price indicated. No price is guaranteed until the transaction is settled on the exchange settling the transaction. Valuation and performance data is [inclusive] of custodial, wallet provider, liquidity provider and ITrust transaction fees. ITrust will make commercially reasonable efforts to ensure that transaction history information, including associated portfolio holdings, are all accurately displayed on the Site, but ITrust does not guarantee the accuracy of such information. All pricing and other information (including portfolio valuation and performance data) on the Site is provided on an “as is” basis for your personal information only, no representations are made as to the accuracy of such information, and you agree not to rely upon such information for any purpose. ITrust (a) expressly disclaims the accuracy, adequacy, or completeness of any pricing or valuation or performance data displayed and (b) shall not be liable for any errors, omissions or other defects in, delays or interruptions in such data, or for any actions taken in reliance thereon. ITrust shall not be liable for any damages relating to your use of the information provided on the Site.
CONSENT TO RECEIVE ELECTRONIC DISCLOSURES
Date of Last Revision: October 29, 2020
In connection with obtaining services through the platform administered by iTrust Capital, Inc. (“iTrust”, “we”, “us”), you consent to receive and view communications, disclosures, notices, statements, policies, agreements and other communications we are required by law to provide to you or may otherwise provide to you for any product or service you obtain from us (collectively, “Disclosures”) relating to your eligible account on the iTrust platform (“Account”) electronically by any of the following means:
Text to your mobile phone number which may include a link to a new Disclosure on the iTrust website (“Website”);
To your email; or
Notifications from our website (“Application”). Your consent covers all Disclosures relating to any product we offer through the website at iTrustcapital.com and remains in effect until you give us notice that you are withdrawing it. Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Disclosures will include, but may not be limited to, the following:
Disclosures and/or amendments we may provide you under our Policies and Agreements;
Balance, activity and any other information on your Account;
Periodic statements, receipts, confirmations, authorizations and transaction history for your Account;
Disclosures regarding the resolution of any claimed error on your periodic statements; and
Disclosures required or permitted by law or regulation. Your Right to Revoke Consent: Your consent is effective until further notice by us or until you revoke your consent to receive electronic Disclosures. You may revoke your consent to receive electronic Disclosures at any time either by clicking the “Contact Us” button at the bottom of this page or submitting your request in writing to: Legal Department, ITrust Capital, Inc., 18575 Jamboree Rd. Suite 600, Irvine, CA 92612. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. If you do not consent or if you withdraw your consent, we reserve the right to refuse to accept your Account application, to cancel your Account, place your Account on inactive status, or to provide a paper copy of Disclosures. If you request a paper copy of a Disclosure within 180 days of the date of the Disclosure and we elect to send you a paper copy, we will waive our standard Disclosure Request Fee for the first two requests. After that, any additional Disclosure Requests may be subject to fees. We will only provide paper copies upon your request if your current mailing address is in your Account profile.
System Requirements: In order to receive Disclosures, whether by text or email, you need to have a means of printing or storing them. So, in addition to having and email address and phone number you must have the following:
a computer or mobile device with Internet connection;
a current web browser with cookies enabled;
a valid email address on file in your Account profile;
the ability to store or print the Disclosures; and
if you use a spam blocker, you must add info@iTrustcapital.com to your email address book or whitelist
By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Disclosure for your records. We reserve the right to change these System Requirements and will provide you with a Disclosure when we make a material change to the System Requirements. Receiving Texts and Emails: In order to receive Disclosures, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address, and you are able to receive at that address texts or email messages containing Disclosures including attached electronic documents and that such Disclosures, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your Account profile if your email address changes. You acknowledge that our ability to notify you of the availability of your Disclosures is contingent on the validity of mobile phone number and email address in our records. If your mobile phone or email address is no longer valid, we reserve the right to determine your Account is inactive or take other actions as set forth in the Terms of Service. You will not be able to conduct any transactions in your Account until you update your mobile phone or email address in your Account profile. Reservation of Rights: We reserve the right to provide you with any Disclosure in writing, rather than electronically, or to withdraw the right to receive Disclosures electronically at any time. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your Account profile. Although we may waive our fee for delivery of paper Disclosures, we reserve the right to charge the Disclosure Request Fee and to increase this fee in our discretion.
Communications in Writing: We recommend that you print a copy of this Consent and any Disclosure that you view electronically for your records as the Disclosure may not be accessible online at a later date. All Disclosures from us to you will be considered "in writing" and shall have the same meaning and effect as a paper Disclosure. You acknowledge and agree that Disclosures are considered received by you within 24 hours of the time posted to the Website, or within 24 hours of the time emailed or sent via text to you unless iTrust receives notice that the Disclosure was not delivered.
General: You understand and agree that we are responsible for sending the Disclosures to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Disclosure, subject to your right to revoke your consent to receive Disclosures electronically.
Contact Us: Except as otherwise provided by law or other agreement between you and us, you may provide us with notices regarding your Accounts by clicking the “Contact Us” link at the bottom of this page, contacting info@iTrustcapital.com or mailing us at Legal Department, ITrust Capital, Inc., 18575 Jamboree Rd. Suite 600, Irvine, CA 92612.
ITRUST CAPITAL, INC. D/B/A iTRUSTCAPITAL
PRICING AND FEES DISCLOSURE
In general, iTrust charges two types of fees: “Account Fees” and “Transaction Fees.” “Account Fees” are billed outside of your IRA account to a credit card you assign to your account. Billing starts upon submitting your card details when finishing your application during the account setup process. You will be charged on a recurring monthly basis on the same day of the month thereafter until you choose to cancel.
“Transaction Fees” are not billed to your credit card. A Transaction Fee in either direction (purchase or sale) will be included in each transaction from your IRA account balances. These Transaction Fees will be forwarded to iTrust the IRA Custodian upon final settlement of your transaction whereby assets or funds are transferred from the IRA custodian to the liquidity provider.
The fees stated below are subject to change at any time.
Monthly Account Fee: $0
Billed monthly in advance for whole months only; begins when account documentation is signed with iTrust’s custodian and ends upon cancellation of IRA account; ongoing storage cost of digital assets included
Market Execution Fee: 1.00% of the total value of the trade
Billed at the time of trade
Market Execution Fee: $50 over the spot price per ounce
Includes ongoing storage
Market Execution Fee: $2.50 over the spot price per ounce
Includes ongoing storage