Terms of Service

Effective Date: January 1, 2024

These Terms of Service govern your use of Harbour Fort Trust's services and website.

1. Acceptance of Terms

By accessing or using Harbour Fort Trust's services, website, or any related platforms (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms apply to all users of our Services, including clients, prospective clients, and website visitors. We reserve the right to modify these Terms at any time, and such modifications will be effective upon posting.

2. Description of Services

Harbour Fort Trust provides comprehensive trust management, wealth preservation, and fiduciary services, including but not limited to:

  • Trust administration and management
  • Financial planning and wealth preservation strategies
  • Estate planning and succession services
  • Custodial and administrative services

Specific services are provided pursuant to separate agreements and are subject to additional terms and conditions.

3. Eligibility and Account Registration

To use our Services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding agreements
  • Provide accurate and complete information during registration
  • Maintain the confidentiality of your account credentials
  • Comply with all applicable laws and regulations

You are responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any security breach.

4. Client Obligations and Responsibilities

As a client, you agree to:

  • Provide accurate, complete, and current information
  • Promptly notify us of any changes to your financial situation or objectives
  • Comply with all applicable laws and regulations
  • Pay all fees and charges as agreed
  • Maintain adequate insurance and documentation as required
  • Cooperate with our due diligence and compliance procedures

5. Fees and Payment Terms

Fees for our Services are set forth in separate service agreements. Payment terms include:

  • Fees are typically charged quarterly in advance
  • Payment is due upon receipt of invoice
  • Late payments may incur additional charges
  • Fee adjustments may be made with appropriate notice
  • Certain expenses may be passed through to clients

Detailed fee schedules and payment terms are provided in individual service agreements.

6. Privacy and Confidentiality

We are committed to protecting your privacy and maintaining the confidentiality of your personal and financial information. Our privacy practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.

We may share information as required by law, regulation, or court order, or as necessary to provide our Services. All information sharing is conducted in accordance with applicable privacy laws and regulations.

7. Investment Risks and Disclaimers

Important Investment Disclaimers:

  • All investments carry risk of loss, including the potential loss of principal
  • Past performance does not guarantee future results
  • Investment returns are not guaranteed and may fluctuate
  • Diversification does not ensure profit or protect against loss
  • Market conditions and economic factors may affect investment performance

You acknowledge that you understand these risks and that investment decisions are made based on your individual circumstances and risk tolerance.

8. Limitation of Liability

To the fullest extent permitted by law, Harbour Fort Trust shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, data, or use of the Services
  • Market losses or investment performance issues beyond our control
  • Technical failures, interruptions, or security breaches
  • Actions of third parties or force majeure events

Our total liability for any claim related to the Services shall not exceed the fees paid by you for the specific service giving rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Harbour Fort Trust, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Any false or misleading information you provide
  • Any claim by a third party related to your use of the Services

10. Termination

Either party may terminate the service relationship with appropriate notice as specified in individual service agreements. Termination procedures include:

  • Written notice of termination
  • Orderly transition of assets and responsibilities
  • Final accounting and fee settlement
  • Return of client property and documents
  • Compliance with applicable regulatory requirements

Certain provisions of these Terms will survive termination, including confidentiality, indemnification, and limitation of liability clauses.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be:

  • First addressed through good faith negotiation
  • If unresolved, submitted to binding arbitration
  • Conducted in accordance with applicable arbitration rules
  • Held in Alameda County, California

You waive any right to participate in class action lawsuits or class-wide arbitrations.

12. Regulatory Compliance

Harbour Fort Trust operates under various regulatory frameworks and is committed to maintaining compliance with all applicable laws and regulations, including:

  • Federal and state securities laws
  • Trust and fiduciary regulations
  • Anti-money laundering (AML) requirements
  • Know Your Customer (KYC) obligations
  • Privacy and data protection regulations

We require client cooperation with all compliance procedures and regulatory requirements.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website or other notification to you. Continued use of our Services after such changes constitutes acceptance of the modified Terms.

For material changes, we will provide advance notice where required by law or contract.

14. Contact Information

For questions about these Terms or our Services, please contact us:

Harbour Fort Trust

Legal Department

1250 Harbor Bay Parkway, Suite 200

Alameda, CA 94502

Email: legal@harbourforttrust.com

Phone: (510) 555-0123