Legal Notice

This website and the Standard Custody & Trust Company logo is trademarked and copyrighted 2021. Use of any Standard Custody & Trust Company assets, including trademarks, services marks and copyrighted materials is not allowed for any purpose without the express, written permission of Standard Custody & Trust Company. Use of this website and/or the related software or systems does not constitute such written permission. All inquiries concerning these matters should be addressed to Standard Custody Legal Department, legal@standardcustody.com.

Complaints Handling Policy

Submitting a complaint

To formally file a complaint, please contact our Client Services Team using any of the following methods:

1. Submit your complaint via e-mail using our centralized complaints handling mailbox -  complaints@standardcustody.com

2. Write to Standard Custody’s Client Services Team at:  Standard Custody & Trust Company, LLC, 135 E. 57th St, 21st Floor,  New York, NY 10022; or

3. Call our Client Services hotline at (877) 980-6261

New York Complainants

If you are located in the State of New York and wish to submit a complaint, please first contact Standard Custody via one of the three methods indicated above. You may also direct your complaint to the attention of: 

New York State Department of Financial Services, One State Street, New York, NY 10004-1511

Tel: 1 (212) 709-1540

 Please visit www.dfs.ny.gov for additional information.

Information Required 

When submitting a complaint, please provide the following information:

Your name and contact information: Please include the legal name of your business along with an email address and daytime telephone number where we may reach you.

Your relationship with Standard Custody: Please specify whether you are an applicant or current customer.

The name of your Standard Custody contact person: Please let us know who you’ve been working with at the Company. 

The nature of your complaint: Please list the dates and a detailed description of the conduct giving rise to the complaint.

Upon review of your initial submission, a Client Services representative may contact you to request additional information, including supporting documentation. Should you require assistance in formulating or lodging a complaint, please reach out to Standard Custody’s Client Services team using any of the three contact methods indicated above. 


Acknowledgements

Standard Custody commits to acknowledging complaints within 24 hours of receipt. The Company endeavors to resolve all complaints within 14 business days; however, this may not always be possible. In instances where complaint reviews exceed the 14 business day time period, the Company must: 1) inform you of the reason for the delay; and 2) indicate the date by which the review will be completed. 


Your rights 

You have the right to inquire about the status of your complaint by sending an email to support@standardcustody.com. A Client Services representative will respond to your inquiry within 48 - 72 hours.

Response to complaints

Once a complaint has been fully reviewed, the Company will provide you with a written response. If you are dissatisfied with Standard Custody’s response, you have the right to request additional information or reconsideration of the response. Such requests should be submitted in writing using either of the methods described above.

Record-keeping

Under applicable New York state law, limited purpose trust companies are required to maintain certain records for a minimum period of seven (7) years. This Policy, therefore, requires that records of all complaints received and acted upon be securely retained for no less than seven (7) years. Records will include dates of all communications with the complainant including the date of initial receipt, dates of all subsequent communications, and the date of final disposition, as well as copies of all correspondence with the complainant, including any supporting documentation prepared or obtained during the complaint review and resolution process.


Policy amendments

Revisions to this Policy must be submitted to Standard Custody’s Board of Managers for approval prior to implementation of all proposed changes. 

Terms of Service

Last Updated: 9-28-21

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the “Services”) provided by Standard Custody & Trust Company, and it subsidiaries and affiliates (“Standard Custody” or “we”). By accepting these Terms or by using our Services, you agree to these Terms. 

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 14, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 14. 

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

If you have any questions about these Terms or our Services, please contact us at support@standardcustody.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy [insert link].

Note: If you are visiting this website or using the Services in your capacity as an agent of an organization that has executed a Custody Service Agreement with Standard Custody or any of its affiliates or subsidiaries, where there is a conflict between the Custody Service Agreement and these Terms, the terms of the Custody Service Agreement control.

  1. Eligibility

You must be at least 18 years of age and can form legally-binding contracts under applicable law to use our Services.  If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. By accessing or using the Services, you represent and warrant that you are eligible.

  1. User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

When you register for an account, you agree to provide us with the information we request to verify your identity and conduct any due diligence we determine is necessary to detect money laundering, terrorist financing, fraud, or any other financial crimes.  You permit use to maintain records of all information collected to register you for an account. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account and other categories of personal data, such as your biometric information. You confirm that all information you provide to us is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. You acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. 

  1. Digital Asset Support

Certain services provided by Standard Custody, including its custodian services involve the use of cryptocurrencies and other digital assets. Standard Custody does not provide legal, tax, or investment advice. Holdings of cryptocurrencies and other digital assets are speculative and involve a substantial degree of risk, including the risk of complete loss. There can be no assurance that any cryptocurrency, token, coin, or other digital asset will be viable, liquid, or solvent. Standard Custody may support or not support any cryptocurrency or other digital asset in its sole discretion, and Standard Custody may not provide you with notice regarding any decision to support or not support any cryptocurrency or digital asset. By using our services you agree and understand that we do not own or control the underlying software protocols of networks which govern the operation of any supported cryptocurrency or other digital asset, and that we do not make any guarantees regarding the security, functionality, or availability of such cryptocurrencies or other digital assets. In no event will we be liable for or in connection with any acts, decisions, or omissions made by developers or promotors of any cryptocurrency or other digital asset. No Standard Custody communication is intended to imply that any digital asset services are low-risk or risk-free. Digital assets held in custody are not guaranteed by Standard Custody and are not FDIC-insured or SIPC-insured. Services and supported assets may vary by jurisdiction.

  1. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not: 

1. Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

2. Use or attempt to use another user’s account without authorization from that user and Standard Custody;

3. Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;

4. Sell, resell or commercially use our Services;

5. Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; 

6. Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; 

7. Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

8. Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

9. Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; 

10. Develop or use any applications that interact with our Services without our prior written consent;

11. Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;

12. Bypass or ignore instructions contained in our robots.txt file; or

13. Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

1. Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

2. Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

3. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

4. Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

5. Impersonates, or misrepresents your affiliation with, any person or entity;

6. Contains any unsolicited promotions, political campaigning, advertising or solicitations;

7. Contains any private or personal information of a third party without such third party’s consent;

8. Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

9. In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Standard Custody or others to any harm or liability of any type.

Enforcement of this Section 4 is solely at Standard Custody discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

Please note that parental control protections (such as computer hardware, software or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers (last checked on September 2, 2021).  

  1. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Standard Custody or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

  1. Trademarks

Our trade names, trademarks, and service marks include STANDARD CUSTODY. Our trade names, trademarks, service marks and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Standard Custody and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. 

  1. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Standard Custody or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Standard Custody’s sole discretion. You understand that Standard Custody may treat Feedback as nonconfidential. 

  1. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Standard Custody does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

  1. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Standard Custody and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Standard Custody Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Standard Custody Parties of any third-party Claims, cooperate with Standard Custody Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Standard Custody Parties will have control of the defense or settlement, at Standard Custody's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Standard Custody or the other Standard Custody Parties.

  1. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Standard Custody does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Standard Custody attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

  1. Limitation of Liability

To the fullest extent permitted by applicable law, Standard Custody and the other Standard Custody Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Standard Custody or the other Standard Custody Parties have been advised of the possibility of such damages.

The total liability of Standard Custody and the other Standard Custody Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services.

The limitations set forth in this Section 11 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Standard Custody or the other Standard Custody Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

  1. Release

To the fullest extent permitted by applicable law, you release Standard Custody and the other Standard Custody Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

  1. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

  1. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Standard Custody and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial. 

No Representative Actions. You and Standard Custody agree that any dispute arising out of or related to these Terms or our Services is personal to you and Standard Custody and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. All disputes arising out of or related to this Agreement or any aspect of the relationship between you and Standard Custody, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that you and Standard Custody are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.  All arbitration proceedings are to take place in New York, New York, U.S.A. 

You agree that any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures, as amended by this Agreement. The Comprehensive Arbitration Rules & Procedures are available online at https://www.jamsadr.com/rules-comprehensive-arbitration/.  The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof, which the parties agree shall include any federal or state court located in New York, New York, U.S.A.

You and Standard Custody agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Standard Custody will pay the remaining JAMS fees and costs. For any arbitration initiated by Standard Custody, Standard Custody will pay all JAMS fees and costs. You and Standard Custody agree that the state or federal courts of the State of New York and the United States sitting in New York, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Standard Custody will not have the right to assert the claim. 

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 14 by contacting Standard Custody at legal@standardcustody.com or by certified mail addressed to Legal Department, Standard Custody & Trust Company LLC, 135 E. 57th Street, 21st Floor, New York, NY 10022 . In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 14.

If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 14 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 14 will be enforceable. 

  1. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of New York and the United States, respectively, sitting in New York, New York.

  1. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

  1. Additional Terms and Amendments

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

  1. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

  1. Miscellaneous

The failure of Standard Custody to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect.  Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. 

Under California Civil Code Section 1789.3, California consumers 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 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210. 

 


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