Terms of Service

1. Acceptance of These Terms

These terms form a binding agreement between the person who uses the website or the services and Brian Langford SDIRA LLC. By accessing the website, submitting a contact form, requesting the intake checklist or engaging the practice to administer an account, the person confirms that the person has read these terms and agrees to be bound by them.

Where a person uses the services on behalf of an entity or another individual, that person confirms that the person has the authority to bind the entity or the individual to these terms. Where a person does not have that authority, that person must not use the services on behalf of the entity or the individual.

2. The Services We Provide

Brian Langford SDIRA LLC provides administration services for self-directed retirement accounts. The services include account establishment and rollovers, real estate and note custody, private placement administration, precious metals custody, compliance and reporting support, and distributions and beneficiary services. The services are described in more detail on the services page of this website.

The services are administrative in nature. We receive, document, reconcile, value and report assets, and we process transactions on the instruction of the account holder or an authorized representative. We do not select investments, we do not recommend investments and we do not manage the investment decisions of an account holder. The account holder retains full responsibility for every investment decision made in the account.

We may decline to accept a holding, a transaction or a request where the documentation is incomplete, where the holding cannot be valued or custodied in a manner consistent with the account, where the transaction appears to be prohibited, or where accepting it would conflict with applicable law or our obligations. When we decline, we explain the reason in writing.

3. We Are Not an Investment Advisor

Nothing on this website or in our communications is investment, legal, tax or accounting advice. We are not an investment advisor, a broker dealer, a law firm or an accounting firm. We do not provide advice about whether an investment is suitable, prudent or profitable, and we do not provide advice about the tax consequences of a transaction.

An account holder should consult a qualified attorney, accountant or financial advisor about the account holder own situation before entering into a transaction. The information on this website is general in nature and is provided for the purpose of explaining our services. It is not tailored to any particular person and it should not be relied upon as advice.

4. Eligibility and Account Opening

To open an account, a person must be at least eighteen years of age, must be legally capable of entering into a contract and must be eligible to hold the type of retirement account requested. A person must provide accurate and complete identity, tax and contact information and must provide the documents required to verify that information.

We verify identity and screen for sanctions and watch lists before opening an account and periodically afterward. We may decline to open an account or may close an account where verification cannot be completed, where screening returns a match that cannot be resolved, or where the information provided is false or misleading.

An account holder must keep the account information current, including address, contact details and beneficiary designations. A failure to keep the information current may delay a transaction, a distribution or a beneficiary transition, and the practice is not responsible for a delay caused by outdated information.

5. Account Holder Duties

An account holder is responsible for providing complete and accurate documents, for reviewing confirmations and statements, for informing us promptly of any error or discrepancy and for ensuring that every transaction in the account is permitted. The account holder is also responsible for keeping personal records and for retaining the tax and financial records that applicable law requires.

An account holder must not use an account for a purpose that is unlawful, must not submit a document that is forged or altered and must not direct the practice to take an action that would violate the law or the rules that apply to retirement accounts. Where an account holder provides an instruction that we believe may be unlawful or prohibited, we may pause the instruction, request clarification and, where necessary, decline to act.

Where an account holder becomes aware of a security concern, an unauthorized transaction or a loss of access to an email account or a device used with the account, the account holder must contact the practice promptly so that access can be protected.

6. Fees and Payment

Administration is billed on a published schedule that includes a base account fee and per-holding fees for assets that require additional custody work. The full schedule is provided in writing before an account is opened, and it may be updated with notice as described in these terms. A fee change does not apply retroactively.

Fees may be paid from the account where the account holder authorizes payment in writing and where payment from the account is permitted. No fee is deducted from an investment without a signed authorization. Where an account is closed, fees that have been earned remain payable, and any prepaid fee is refunded on a pro rata basis where the schedule so provides.

Where a third party charges a fee in connection with a holding, such as a title fee, a depository fee, an appraisal fee or a sponsor fee, that fee is the responsibility of the account holder and is disclosed where the practice is aware of it. We do not receive compensation from a sponsor, a depository or a servicer for directing an account to a particular holding.

7. Rollovers and Transfers

A rollover or transfer is initiated by a written request that identifies the sending institution, the account and the asset to be moved. We prepare the request, submit it and track it against the applicable deadline. The sending institution controls the timing of the transfer, and the practice does not guarantee a completion date.

An account holder is responsible for confirming that a rollover is permitted, for understanding the tax treatment of the transfer and for meeting any deadline that applies. Where funds arrive in a form other than the form requested, or in an amount other than the amount requested, we document the difference and work with the account holder to resolve it.

8. Holdings and Custody

A holding is accepted into an account only when it can be documented, titled correctly and held in a manner consistent with the account. Real estate is held through title documents and recorded instruments. Notes are held through the original note and the assignment. Private placements are held through subscription and governing documents. Physical metal is held through a depository arrangement with a receipt that identifies the account and the metal.

The practice is not the issuer, sponsor or guarantor of any holding. We do not guarantee the performance, liquidity or value of a holding, and we do not protect against a loss caused by a market change, a default, a sponsor failure or a title defect. An account holder bears the investment risk of every holding in the account.

Where a holding requires ongoing action such as insurance, property maintenance, note servicing or depository storage, the account holder is responsible for arranging that action unless the practice has expressly agreed in writing to coordinate it. We confirm in writing the scope of any coordination we undertake.

9. Prohibited Transactions

The rules that apply to retirement accounts prohibit certain transactions between an account and a disqualified person. A disqualified person generally includes the account holder, certain family members and certain entities in which the account holder has an interest. A prohibited transaction can result in adverse tax consequences, including the loss of the tax deferred status of the account.

We perform a prohibited transaction check before approving a purchase or a sale and we document the check in the account file. The account holder is responsible for disclosing the relationships that could make a transaction prohibited. Where a proposed transaction appears to be prohibited, we decline to process it and explain the reason in writing.

The practice does not provide a legal opinion on whether a transaction is prohibited. Where an account holder is uncertain, the account holder should obtain advice from a qualified attorney before proceeding.

10. Valuations and Reporting

Each holding receives a fair market valuation on a schedule set by the asset type, supported by source documents such as appraisals, depository receipts, sponsor statements and servicer records. The supporting document is kept with the valuation so the number on a statement can be traced to its origin. Where a value cannot be supported, we do not report a figure that is unsupported.

Reporting lines are prepared from reconciled figures on a published schedule. Deadlines are communicated in advance and reminders are issued before each one. The account holder is responsible for reviewing a statement and reporting an error promptly. Where an error is confirmed, we correct the record and, where the error affects a report, provide a corrected report.

The practice is not a tax preparer and does not file a tax return on behalf of an account holder. We provide the confirmed figures and supporting schedules that an account holder or a tax preparer needs to complete a filing.

11. Distributions and Beneficiaries

A distribution is processed against a written election that states the amount, the withholding choice and the destination. We confirm the request against the account balance and the applicable rules before releasing funds or an asset. An in-kind distribution is prepared with the transfer documents that the receiving party requires.

An account holder is responsible for understanding the tax consequences of a distribution and for meeting the deadlines that apply, including any required minimum distribution. The practice does not provide tax advice and does not determine whether a distribution is required in a particular year.

A beneficiary transition is processed from the beneficiary designation on file. Where a designation is incomplete, ambiguous or outdated, the transition may be delayed while the matter is resolved. An account holder should review beneficiary designations periodically and update them after a significant life event.

12. Acceptable Website Use

A visitor may use the website for lawful purposes and may not use it in a way that damages, disables, overloads or impairs the site or interferes with another person use of the site. A visitor may not attempt to gain unauthorized access to the site, to a server or to any system connected to the site, and may not use automated means to extract data from the site without written permission.

A visitor may not submit information that is false or misleading, may not impersonate another person and may not use the site to transmit unlawful, harmful or objectionable material. We may restrict or block access to the site where we believe that a use violates these terms or the law.

13. Intellectual Property

The content of this website, including the text, the layout, the design elements, the graphics and the code, is owned by Brian Langford SDIRA LLC or is used with permission, and is protected by applicable intellectual property law. A visitor may view and print a copy of a page for personal, non commercial use.

A visitor may not reproduce, distribute, modify, republish or create a derivative work from the content without written permission, and may not use a trademark, a logo or a service name of the practice in a way that suggests endorsement or affiliation without written permission. All rights not expressly granted are reserved.

14. Third Party Services and Links

The website may link to a third party website or service, and an account may involve a third party such as a sponsor, a servicer, a depository, a bank or a title company. We do not control a third party and we are not responsible for its content, its performance or its practices. A link does not mean that we endorse the third party.

Where an account holder engages a third party, the account holder does so directly, and the terms and privacy practices of the third party apply to that engagement. The practice is not responsible for a loss caused by the act or omission of a third party.

15. Disclaimers

The website and the services are provided on an as available basis. To the fullest extent permitted by law, the practice disclaims all warranties, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose and non infringement. We do not warrant that the website will be uninterrupted, secure or free of error, or that a defect will be corrected.

We do not warrant the accuracy or completeness of information provided by a third party, including a sponsor statement, a servicer record, a title record or a depository receipt. We reconcile that information in the ordinary course, but we rely on the third party for its accuracy. Where we become aware that third party information is inaccurate, we document the matter and take reasonable steps to obtain corrected information.

16. Limitation of Liability

To the fullest extent permitted by law, the practice is not liable for indirect, incidental, special, consequential or punitive damages, or for a loss of profit, a loss of data or a loss of opportunity, arising out of or relating to the website or the services, whether the claim is based on contract, tort, negligence, strict liability or another theory.

To the fullest extent permitted by law, the total liability of the practice for all claims arising out of or relating to the services is limited to the administrative fees paid to the practice for the account during the twelve months preceding the event that gave rise to the claim. This limit applies regardless of the number of claims and the basis of the claims.

Some jurisdictions do not allow a limitation of certain damages, so part of this section may not apply. Where a limitation is not permitted, the limitation applies to the greatest extent the law allows. Nothing in these terms limits a liability that cannot be limited under applicable law.

17. Indemnification

A person agrees to indemnify and hold harmless Brian Langford SDIRA LLC and its personnel from and against a claim, a loss, a liability, a cost and an expense, including reasonable legal fees, arising out of the person use of the website or the services, a violation of these terms, a violation of law, or a false or misleading document provided to the practice.

This obligation survives the end of the relationship with the practice. Where a claim is made, we notify the indemnifying party and cooperate in the defense, and the indemnifying party may participate in the defense with counsel of its choosing at its own expense.

18. Suspension and Termination

We may suspend or terminate access to the website or the services where a person violates these terms, where the law requires it, where a holding or a transaction cannot be handled consistent with our obligations, or where continuing the relationship would expose the practice to unreasonable risk.

An account holder may terminate the administration of an account by providing written notice and by directing the transfer or distribution of the account holdings. Termination does not affect a fee that has been earned, a recordkeeping obligation, an indemnity or a limitation of liability. Where an account is transferred to another administrator, we cooperate in the transfer and provide the records that the account holder is entitled to receive.

19. Governing Law and Disputes

These terms are governed by the laws of the State of Utah and the applicable laws of the United States, without regard to a conflict of law principle. Where a dispute arises, the parties will first attempt to resolve it through good faith discussion and, where appropriate, mediation.

Where a dispute is not resolved through discussion, it is subject to the exclusive jurisdiction of the state and federal courts located in Utah, and each party consents to venue in those courts. Each party waives a trial by jury to the fullest extent permitted by law. Where applicable law gives a person the right to bring a claim in another forum, that right is not affected.

20. Changes to These Terms

We may update these terms from time to time to reflect a change in our services, a change in technology or a change in the law. When we update the terms, we revise the effective date at the top of the page and post the updated terms on this website. Where a change is material, we provide additional notice as required by applicable law.

Continued use of the website or the services after an update means that the updated terms apply. A person who does not agree with an update should stop using the website and, where the person is an account holder, may terminate the administration as described in the suspension and termination section above.

21. How to Contact Us

Questions about these terms may be directed to the practice using the details below. We respond to questions within a reasonable time during business hours.