The Platform is offered and available to users who are 18 years of age or older. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with EPTC and meet all eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
When you visit the Platform, you may provide us with two (2) types of information: (1) personally identifiable information that you knowingly choose to disclose, which is collected on an individual basis, and (2) general user information that does not contain personally identifiable information, which is collected on an aggregate basis as you utilize the Platform. In some cases, if you choose not to provide us with requested information, you may not be able to access all of the Platform’s content or services.
We may ask for certain personal information from you for the purpose of providing you with content and/or services that you request. We may retain a record of users who have contacted us in order to respond properly to questions or concerns and for purposes of future communications.
Cookies/Web server logs: similar to other websites, the Platform utilizes standard technology called “cookies” and web server logs to collect information about how the Platform is used. Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a given website. Cookies are small pieces of data that are stored by a user’s web browser on the user’s hard drive. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at the Platform, and the websites visited just before and just after access or use of the Platform. This information is collected on an aggregate basis. None of this information is associated with you as an individual.
You can, of course, disable cookies on your computer by indicating this in the preferences or options menus in your browser. However, it is possible that some parts of the Platform will not operate correctly if you disable cookies. You should consult with your browser’s provider/manufacturer if you have any questions regarding disabling cookies.
We use your personally identifiable information to provide you with the information, services, or content that you have requested and, in some cases, to contact you about our programs, products, features, or services. If you no longer wish to receive press releases or any other type of information from us, you may send us an email through the Platform’s “Contact Us” link or use our E-mail Alert form to change your preferences.
We use non-identifying information collected on the Platform in the aggregate to better understand general usage of the Platform and to enhance your enjoyment and experience. For example, we may use the information to improve the design and content of the Platform or to analyze the programs or services we offer.
We may provide access to your personally identifiable information when legally required to do so, to cooperate with investigations or other legal proceedings, to protect against misuse or unauthorized use of the Platform, to limit our legal liability and to protect our rights, or to protect the rights and safety of visitors to the Platform or the public. In those instances, the information is provided only for that limited purpose.
We will not share your personally identifiable information in ways unrelated to those described above without providing you with an opportunity to opt out of such use or otherwise prohibit such unrelated uses.
We will never sell the information you provide to us, nor shall we make said information available for any other commercial purpose.
Protecting children’s privacy is important to us. For that reason, we do not collect or maintain information on the Platform from those we actually know are under the age of thirteen (13), nor is any part of the Platform targeted to attract anyone under the age of thirteen (13). Should we discover that a person under the age of thirteen (13) has provided us with personally identifiable information, we will delete that individual’s personally identifiable information from our records.
Government required anti-terrorism and anti-money laundering laws require all financial institutions to obtain, verify, and record information that identifies each person creating a trust without exception. As such, your personal information may be used to verify your identity and/or the identity of the beneficiary(ies) in accordance with our Customer Identification Program, and some or all of that information may be shared with third parties, to the extent necessary o perform such tasks, and may be reported to government agencies to fulfill required government reporting.
When you open a trust account, you are required to provide at a minimum the following information:
2. Date of birth
4. Identifications number
We may not be able to open an account or carry out transactions for you. If we have already opened a trust account for you, we may close it.
We take reasonable steps to maintain the security of personally identifiable information that we collect, including limiting the number of people who have physical access to our database servers, as well as installing electronic security systems that guard against unauthorized access and employing data encryption. However, no data transmission over the internet can be guaranteed to be completely secure. Accordingly, we cannot ensure or warrant the security of any information that you transmit to us, so you do so at your own risk.
We provide users with the highest standards of security and protection. From the moment you access the Portal, all communication between our servers and your computer is encrypted using the “gold standard” encryption technique AES-256 (256-bit AES) Secure Socket Layer encryption (“AES”).
AES is the certified Federal Information Processing Standard and there are currently no known direct attack hacks available against AES.
We enforce password strength policies and only allow for verified secure retrieval of your user account details should you not remember your password. Once you’ve signed into the system and are running our application under AES, all the data you enter is stored on a SQL Server running NT Authentication policies. This means that only authenticated registered users can access the data.
This Platform is operated within the United States of America, its territories, and districts. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States and be subject to the laws of the United States. By using the Platform, you consent to this transfer.
EPTC or you may need to electronically transmit confidential information to each other and to other entities engaged by either party. E-mail is a fast and convenient way to communicate. However, e-mail is not necessarily a secure means of communication and thus confidentiality could be compromised. You agree to the use of e-mail and other electronic methods to transmit and receive information, including confidential information, between EPTC and you and between EPTC and third-party service providers or other entities engaged by either EPTC or you, and further acknowledge and agree that the foregoing is commercially reasonable and has been fully disclosed.
Except to the degree such information regarding a client, trust or account is in the public domain, EPTC shall not divulge or indicate directly or indirectly any information regarding its clients or any other information which would confirm or deny the existence of a trust or account to a third party, including but not limited to a court for any matter unrelated to a client, trust or account, without the associated client’s express written authorization.
Notwithstanding the foregoing, under these terms, EPTC may, without additional authorization by the client, divulge, to the extent necessary, such information necessary related to (i) preparation and filing of tax reporting and payments; (ii) any federal or state executive branch government agency conducting an investigation or examination pursuant to the government agencies direct regulatory authority or oversight of EPTC or the client, trust or account; (iii) privileged communications with EPTC’s attorneys and auditors; (iv) Government required information programs; (v) the fulfilment of obligations under the Bank Secrecy Act and the Patriot Act and related rules and regulations; (vi) in defense of EPTC, but only to the extent such information is directly related to the specific client/account to which the underlying matter is related; (vii) providing information to another financial institution or party to facilitate the payment or receipt of funds; or (viii) persons authorized as the legal agent of a client, trust or account.
Internally, the disclosure of confidential client information shall be limited to only employees and related affiliates or third parties involved in the account’s service.
Notwithstanding the preceding, EPTC may, without additional written authorization, disclose client information to the extent necessary to (i) enable affected persons or appropriate authorities to prevent the client from committing a crime or fraud; or (ii) report to governmental authorities and affected persons a crime or fraud.
You acknowledge and confirm that your use of the Platform is only as a server-side terminal instance via a browser and the associated code is executed on the hosting server. By accessing and using the Platform’s server, you agree to the stipulated facts as follows:
Pursuant to the foregoing, you acknowledge and agree that, by accessing and using servers located in the Commonwealth of Virginia, you have purposefully availed yourself of Virginia, and you further acknowledge and agree that your access and use occurred in the Commonwealth of Virginia and not in the jurisdiction in which you and/or your browser were operating at the time of your access or use.
For the purpose of clarity and without limiting the preceding, in the event you are a party to an executed trust agreement or escrow account for which we serve as Trustee, Trust Administrator, or Escrow Agent, as the case may be, any dispute related thereto shall be resolved per the terms therein.
ACCORDINGLY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EPTC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) USE OF THE PLATFORM, DOCUMENTATION OR SERVICES; (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, DOCUMENTATION, OR RELATED SERVICES; (IV) ANY UNAUTHORIZED COMMUNICATION TO EPTC, ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, DOCUMENTATION, OR SERVICES BY ANY THIRD PARTY; (VII) ANY LOSS ARISING FORM THE PLATFORM, DOCUMENTATION, OR RELATED SERVICES; (VIII)ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, DOCUMENTATION, OR RELATED SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (IX) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS.
You further agree that any dispute resolution shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that the alternative dispute resolution process can proceed on a class basis, then the alternative dispute resolution process set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to the alternative dispute resolution provision.
As used herein, “Good Faith” refers to an action or decision (or lack thereof) that meets any one or more of the following criteria:
Any action or inaction not made in Good Faith by one person or entity shall not be attributed to any other person or entity.