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.
We reserve the right to withdraw or amend the Platform and any service or material we provide on the Platform, at our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform to users, including registered users.
You are responsible for both:
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
EPTC is committed to maintaining an effective enterprise-wide Know Your Client (KYC), Know your Business (KYB), and Anti-Money Laundering (AML) program designed to assist in detecting and deterring suspicious activity, including the misuse of its products, services, and delivery channels related to money laundering or terrorist financing, bribery, corruption, fraud, or other activities that may be illegal or violate applicable economic sanctions.
Accordingly, the EPTC KYC, KYB, CDD, and EDD processes are a foundational component of the associated laws and regulations. KYC requires banks and other financial services providers to establish and verify the identities of their customers in order to assess the money laundering risk that they present and understand their transactional behavior. However, those same verification measures are also necessary when financial institutions deal with other businesses as part of a supply chain, stakeholder, beneficiary, or similar relationship. In this context, that verification process is referred to as Know Your Business (KYB).
EPTC's enterprise-wide policies and procedures define EPTC's respective risk appetite and establish the minimum requirements for managing the associated risks, including:
The Currency and Foreign Transactions Reporting Act of 1970 - which legislative framework is commonly called the "Bank Secrecy Act" (BSA) - requires U.S. financial institutions to assist U.S. government agencies in detecting and preventing money laundering. Specifically, the act requires financial institutions to (i) keep records of cash purchases of negotiable instruments, (ii) file reports of single and structured cash transactions exceeding $10,000 (daily aggregate amount), and (iii) report activity that might signify money laundering, fraud, or other criminal activities. The BSA is sometimes referred to as an "anti-money laundering" (AML) law or jointly as "BSA/AML." (See 12 USC 1829b, 12 USC 1951-19600, 31 USC 5311-5314, 5316-5336, and 31 CFR Chapter X (formerly 31 CFR Part 103)). Several acts have been enacted, including provisions in Title III of the USA PATRIOT Act of 2001 and the Anti-Money Laundering Act of 2020, to amend the BSA.
The official title of the USA PATRIOT Act is "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001."
The purpose of the USA PATRIOT Act is to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and other purposes, some of which include:
According to the Bank Secrecy Act, the USA PATRIOT Act, and related laws, regulations, and rules; federal law requires all financial institutions to obtain, verify, and record information that identifies each person or entity which opens or operates an account and all related Underlying Beneficial Owners (“UBOs”) under EPTC’s Customer Due Diligence, Know Your Customer, Know Your Business, Anti-Tax Evasion, and Anti Money Laundering policies.
On January 1, 2021, Congress enacted the FY2021 National Defense Authorization Act (NDAA), which included significant reforms to the U.S. anti-money laundering (AML) regime. The NDAA contains the Anti-Money Laundering Act of 2020 (AML Act) and, within the AML Act, the Corporate Transparency Act (CTA).
On March 1, 2011, FinCEN transferred its regulations from 31 CFR Part 103 to 31 CFR Chapter X as part of an ongoing effort to increase the efficiency and effectiveness of its regulatory oversight.
The Federal Register contains final regulations issued after the date of codification, as well as Notices of Proposed Rule Making.
An Underlying Beneficial Owner (UBO) is defined as an individual or entity (regardless of type, nature, or segmentation) which holds, directly or indirectly, twenty-five percent (25%) or more of capital, voting rights, beneficial rights, shares, membership interest, economic interest or other such rights in the underlying entity. Additionally, a UBO is any person, entity, arrangement, or structure that (i) ultimately owns, controls, or influences an account held at EPTC and the persons or entities on whose behalf a transaction is being conducted; or (ii) includes a person or entity who exercises effective control over said entity or an entity's transactions, coordination, arrangement or structure; or (iii) a person or entity which derives the benefits associated with ownership or control of said arrangement or structure; or (iv) a person or entity which derives direct or indirect benefits from contrived transfer payments or loans. Finally, a UBO shall also include persons or entities (i) possessing a power of attorney relative to any of the preceding, (ii) persons or entities possessing sole veto authority, (iii) straw-man corporate directors or nominee directors that are appointed to conceal the actual owners or Controlling Persons of a given firm, and (iv) shell companies, shell trusts, or other multi-layer structures or interconnected arrangements.
The UBO of an affiliate is that person or entity proceeding up, down, or laterally in a chain of ownership beginning with and including the parent and all related, associated, or affiliated entities, subsidiaries, trust(s), persons, or any other legal or synthetic business structure type.
A Control Person (“Control Person”) is defined as an individual or entity (regardless of type or nature) that, directly or indirectly, directs or controls the activity of an account or an associated entity by making fundamental or material managerial or business decisions, including but not limited to voting rights and the ability to contractually bind the entity or control the structure, operations, product offering, brokerage or banking decisions, contractual relationships of the entity, disbursement or receipt of funds, or offers or solicits business on behalf of the entity. Directed straw men or charities with remote contingent interests executing documents that merely enact the direction of a Control Person or hide the trust control or beneficial ownership or control are ignored to determine which person or entity has the actual beneficial ownership and control powers.
As part of its government-mandated monitoring of accounts, EPTC may demand, in its sole discretion, at any time, and without any requirement to disclose or justify the reason or rationale of the information demanded, updated CDD, EDD, KYC, KYB, and any other AML information that EPTC deems necessary. As the delay of the necessary information may be crucial to EPTC's KYC/KYB/CDD/EDD and AML evaluations, EPTC shall advise the information target of the required response deadline. You agree that, without exception or rationale, EPTC's demands for information and documents do not require explanation or justification, and any non-compliance or untimely compliance with a demand for information constitutes a material breach of these terms.
Notwithstanding the preceding, EPTC retains the absolute discretion to determine whether a party is a UBO or a Control Person, as defined herein, and whether the provided information is responsive or warrants further inquiry through CDD or EDD.
We shall ask you, and you agree to provide, at a minimum, your name, address, date of birth, and other information that shall allow us to identify you and all associated UBO’s, Control Persons, and entities. We shall also require you to provide copies of driver’s license(s), passport(s), or other identifying documents for all parties we deem appropriate. Additionally, we may access government and commercial databases, and any other information available to us, to verify your identity and related information. You must disclose within thirty (30) days of occurrence any change in ownership or corporate structure and provide copies of FBAR and FACTA filings. In the case of an entity, information, including but not limited to all associated UBOs and Control Persons, as well as information regarding all related entities, trusts, affiliates, subsidiaries, or other holding structures, is specifically required by law and must be provided.
EPTC may also require information and documents regarding one or more specific transaction(s), either pending or previously submitted, and the associated involved parties.
For non-compliant clients, EPTC may, at its sole discretion, suspend, reject, or halt transactions. EPTC may also decide, at its sole discretion, to permanently terminate such non-compliant arrangements without notice or right of appeal regardless of the terms of the associated agreement(s). In some instances, applicable law may require EPTC to file reports, such as FACTA, IRS Form 1099, and other governmental reporting (U.S. and foreign).
You acknowledge and agree that compliance with the foregoing is mandatory and that any knowing or willful fraud, objection, delay, dispute, or other obfuscation to delay or avoid production of information or documents constitutes a material breach of these terms.
FATCA stands for Foreign Account Tax Compliance Act. FATCA is an information-sharing agreement, created via a 2010 U.S. federal law and cooperation agreements between the United States of America and more than one hundred (100) foreign countries. Financial institutions are required to comply with the FATCA reporting requirements and identify and report non-United States financial accounts opened or controlled for the purpose of avoiding United States taxes through transfer payments or operation sin tax havens, tax-free countries, or countries with lower corporate tax rates to avoid taxation.
FATCA does not require reporting related to non-U.S. citizens. As such, FATCA does not apply to non-United States citizen (or company) that has an account in a United States financial institution. However, foreign companies controlled, directed, or owned by a United States citizen may be subject to FATCA reporting.
Additionally, you agree not to:
The Platform may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our Affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any lawful purpose.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute. You, not EPTC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
Unless we otherwise agree in advance, as evidenced by an executed written instrument, you may only hold and transfer United States Dollars ("USD") within Accounts. Accordingly, any foreign currency received is automatically exchanged into USD. You bear all foreign exchange ("FX") fees and all risks incurred or associated therewith. FX fees are automatically deducted from the transaction by the executing FX provider. We do not execute FX exchanges; the associated FX exchange executes the FX exchanges at their then-current exchange rate and fees.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order(s) requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS EPTC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Any Trustee exercising fiduciary powers, or the Trust Administrator acting in a non-fiduciary ministerial capacity, may rely solely upon the verbal and written (electronic and hard copy) information, instruction(s), representation(s), and warrants it receives from the Claimant, Grantor, Beneficiary, attorney, planner, their authorized agent, and all Parties in Interest (as the case may be) without any duty or obligation of any Trustee, exercising fiduciary powers, or the Trust Administrator, acting in a non-fiduciary ministerial capacity, to conduct any additional audit, investigation, or inquiry to investigate, detect or determine if such information, instruction(s), representation(s), or warrants are fraudulent, untrue, unauthorized, inaccurate, coerced, or inconsistent with tax laws and doctrine, or incomplete. Further, any Trustee exercising fiduciary powers, and the Trust Administrator acting in a non-fiduciary ministerial capacity, have no duty to investigate, detect or determine theft, conversion, fraud, or inconsistency with tax laws and doctrine, or unauthorized fraudulent intent as it relates to the information, instruction(s), representation(s), and warrants received from the Claimant, Grantor, Beneficiary, attorney, planner, their authorized agent or a third party and may rely solely on the documents and instructions it receives.
You, individually and as the agent for the Parties in Interest, shall disclose, with each request for fund(s) disbursements or transfers, any material mortgages, security interests, pledges, liens, easements, or encumbrances of any kind whatsoever that may exist against the requested assets. EPTC may rely solely on any instructions, directions, petitions, or requests received from any of the authorized Parties in Interest, without any further duty to investigate or audit as confirmation that the recipient of the associated funds confirms he, she, or it has the free right and title to all of the property and assets, tangible and intangible, and the related assets are free of any material mortgages, security interests, pledges, liens, easements, or encumbrances of any kind whatsoever. Any claims arising from a third party asserting a claim shall be the sole liability of the authorized Parties in Interest who failed to disclose the applicable mortgage, security interest, pledge, lien, easement, or encumbrance. EPTC shall be entirely held harmless and indemnified by the assets of the associated account, and the Parties in Interest, jointly and severally, for all costs, including but not limited to attorney fees or claims.
To protect the assets of the Trust from theft, conversion or misuse, the Claimant, Grantor, Beneficiary, attorney, planner, their authorized agent, and all Parties in Interest acknowledge and agree that they have a stipulated duty and a specific performance requirement to implement all possible safeguards to protect all information, passwords, system access information and forms related to the processes in their possession associated with requesting distributions and information from any Trustee and the Trust Administrator, acting in a non-fiduciary ministerial capacity, or contacting any Trustee and the Trust Administrator, acting in a non-fiduciary ministerial capacity. The foregoing shall include but not be limited to securing all physical files, computers, data files, network, and email systems from a breach, compromise, man-in-the-middle transmission intercept, malware, or any other security lapse. Further, the Claimant, Grantor, Beneficiary, attorney, planner, their authorized agent, and all Parties in Interest acknowledge their duty to conduct the ongoing monitoring of such events.
The Claimant, Grantor, Beneficiary, attorney, planner, or their authorized agent and all Parties in Interest acknowledge that the Trustee exercising fiduciary powers and the Trust Administrator, acting in a non-fiduciary ministerial capacity, perform in Good Faith when acting under the provisions herein and, as such, completely release, hold harmless, indemnify and forever discharge the Trustee exercising fiduciary powers and the Trust Administrator, acting in a non-fiduciary ministerial capacity, from all past, present, or future claims, demands, obligations, actions, causes of action, rights, damages, costs, losses of service, expenses, tax consequences, and compensation of any nature whatsoever, whether based on a tort, contract, fiduciary duty or other theory of recovery, which the Trust or Parties in Interest now have, or which may hereafter accrue or otherwise be acquired, on account of, or may in any way grow out of reliance on the information, instruction(s), representation(s), and warrants which may be fraudulent, untrue, inaccurate, coerced, inconsistent with tax laws and doctrine, or incomplete.
This release and discharge shall apply jointly and severally to all Trustees exercising fiduciary powers and Trust Administrators acting in a non-fiduciary ministerial capacity, including, but not limited to, their respective officers, directors, stockholders, attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors, and successors in interest, heirs and assigns, and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated (“Indemnified’s Parties”).
This provision shall be a fully binding and complete settlement of the associated rights and claims under the Trust by the Claimant, Grantor, Beneficiary, attorney, planner, their authorized agent, and all Parties in Interest and their heirs, assigns, and successors, including but not limited to any applicable insurance carrier’s waiver of the rights of subrogation against Trustee and the Trust Administrator acting in a non-fiduciary ministerial capacity, and the Indemnified's Parties. This provision shall apply in addition to all other provisions and have supremacy and prevail even when in conflict. The Claimant, Grantor, Beneficiary, attorney, planner, their authorized agent and all Parties in Interest acknowledge and agree that the release and discharge set forth herein is a general release. All Claimants, Grantors, Beneficiaries, attorneys, planners, their authorized agents and all Parties in Interest assume the risk that the facts or law may be other than Claimants, Grantors, Beneficiaries, attorneys, planners, their authorized agents and all Parties in Interest believe.
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.
Additionally, you acknowledge and agree that EPTC may, in its sole discretion and absolute authority, elect to communicate with you and other entities engaged by you or EPTC via encrypted email. You acknowledge and agree that any such communication(s) shall be deemed to be received by you or any entities engaged by you or EPTC when sent, without regard to when you or any entities engaged by you or EPTC become aware of its receipt or actually retrieve the communication. In the event you choose to respond or engage in subsequent communication via un-encrypted means, any liability associated with any compromise shall be solely yours, and you hereby release and hold EPTC harmless for any such liability. You acknowledge and agree that the foregoing is commercially reasonable and has been fully disclosed.
You acknowledge and confirm that your use of the website and 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 website 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 Virginia, you have purposefully availed yourself of Virginia, and you further acknowledge and agree that your access and use occurred in Virginia and not in the jurisdiction in which you and/or your browser were operating at the time of your access or use.
EPTC offers a variety of trust services, trust administration services, self-help support software, attorney support software, and document management systems, all of which provide self-service automated software trust solutions. Fees charged are solely for trust or ministerial services or licensing fees to access the self-help system, and fees are not a drafting or document preparation fee. The content herein is provided as, and limited to, information and descriptions of the features and benefits of our services, products, and the requirements as applicable.
The Platform is for informational purposes only and is not an offer to sell, a solicitation, or an offer to buy any security or legal, fiduciary or trust services. The information herein is not intended to be legal or investment advisory advice and should not be constructed as legal or investment advisory advice. EPTC and its Affiliates are not law firms, are not a lawyer referral service, and do not act as your attorney or investment advisor. We are not a substitute for the advice of an attorney or an investment advisor; as such, we do not provide any advice, explanation, opinion, or recommendation about possible legal rights, express any legal guidance on the matters contained herein, nor do we provide investment advice. As appropriate, seek the advice of an attorney if you have questions concerning legal questions, remedies, defenses, options; or seek the advice of a licensed investment advisor related to Trust Holdings or investments.
EPTC provides fiduciary services as a non-depository trust company only in the jurisdictions in which it is licensed. EPTC also provides non-fiduciary escrow services and provides technology enabled ministerial solutions.
NO TRUSTS OFFERED BY EPTC ARE A SECURITY, FUTURE, OPTION, OR OTHER FINANCIAL INSTRUMENT OR AN OFFER TO PROVIDE ANY INVESTMENT ADVICE OR SERVICE(S). NOTHING HEREIN SHALL BE CONSIDERED A SOLICITATION OR OFFER TO BUY OR SELL ANY SECURITY, FUTURE, OPTION, OR OTHER FINANCIAL INSTRUMENT OR AN OFFER TO PROVIDE ANY INVESTMENT ADVICE OR SERVICE(S) TO ANY PERSON IN ANY JURISDICTION. NO RESULTING TRUST IS FORMED OR OPERATED BY EPTC TO ACQUIRE A SPECIFIC SECURITY, CREATE A SECURITY, OR TO BE OFFERED AS A SECURITY. SECURITIES AND INSURANCE PRODUCTS THAT MAY BE HELD IN ANY TRUST ARE NOT INSURED BY THE FDIC, NOR BY ANY OTHER FEDERAL OR STATE GOVERNMENT AGENCY, ARE NOT A DEPOSIT OF AND ARE NOT GUARANTEED BY A BANK OR ANY BANK AFFILIATE, AND MAY LOSE VALUE.
Our services are offered only in jurisdictions where they may be lawfully offered and are also subject to the terms of the specific applicable agreement. NOT ALL PRODUCTS OR SERVICES ARE AVAILABLE IN ALL JURISDICTIONS. Certain fiduciary and non-fiduciary ministerial services may be provided through third parties in their respective jurisdictions.
Our standard Business Hours are from 9 AM to 4 PM, Monday through Friday, except for legal holidays observed by the United States federal government or the New York Stock Exchange.
All offers (whether by mail, by phone, through employees, agents, the internet, or otherwise) are limited and are solely made from, and within, the jurisdictions in which EPTC is licensed to operate and offer fiduciary services. All orders for fiduciary services require acceptance from an authorized officer of EPTC operating within the offering jurisdiction before they become contracts. The use of the Platform does not constitute an offer to provide trust services beyond the borders of licensed jurisdictions identified herein.
In appropriate circumstances, EPTC operates solely as an Escrow Agent; accordingly, in those circumstances, EPTC then acts only in a non-fiduciary ministerial capacity, and neither holds nor exercises discretionary trust or fiduciary powers.
An Escrow is a legal arrangement whereby an asset is delivered to a third party (acting as an Escrow Agent) to be held in trust or otherwise pending a contingency or the fulfillment of a condition or conditions in a contract, settlement, or judgment.
Escrow Funds, such as §1.468B-1 Qualified Settlement Funds, are commonly utilized to distribute money after a cash settlement/judgment in a class action, mass tort, other litigation, or legal or settlement action.
IRC §7701 limits certain fiduciary and other actions and the exercise of power to a "United States person." Accordingly, related to "domestic trusts" any exercise of fiduciary powers which are "substantial decisions" shall be independently performed by one or more co-trustees or affiliated or non-affiliated parties who are "United States persons" as defined by IRC §7701.
NOTE: Unless expressly provided for in writing, any revenue sharing amounts received by EPTC, its Affiliates, and its Third Parties shall be in addition to the fees due to EPTC and shall not offset any other fees due to EPTC. The Grantor(s), Beneficiary(ies), Claimant(s) and their Parties in Interest, as defined in each trust, acknowledge and agree to the foregoing, and waive any and all claims, demands, conflicts of interest, or rights to such compensation or additional income that may have resulted from the operation of such arrangements.
The Platform is intended to be a self-service trust creation and management platform. Therefore, we are not your investment advisor and the use of the Platform does not constitute any investment advisor relationship or engagement. As such, we provide no advice or recommendations related to your investment choices, the suitability of any investment, or the prudence of your risk tolerance. The content presented herein is not:
The Platform is for general EDUCATIONAL purposes only. You, under the limited powers granted to you in the trust, are entirely responsible for making any Trust Holding decisions related to the trust. We cannot and do not guarantee profits of any kind, nor can we protect you from losses. You assume the entire cost and risk of any Trust Holding decision you choose to undertake related to the Trust Holdings of your trust. Investing involves risk, so you must always use your own best judgment when investing or seek advice from a licensed investment advisor. We are not an investment advisory firm, and your use of the Platform in no way constitutes a client/investment advisor relationship. All information we communicate to you either through the Platform, other affiliated platforms, or other forms of communications is for general EDUCATIONAL purposes only.
WE RECOMMEND YOU SEEK A LICENSED INDIVIDUAL INVESTMENT ADVISOR BEFORE MAKING ANY INVESTMENT, FOR YOU ARE ASSUMING THE SOLE LIABILITY FOR YOUR INVESTMENT DECISIONS. EPTC ACTS SOLELY IN A DIRECTED CAPACITY TO COMMUNICATE YOUR INSTRUCTIONS.
The inclusion of a supported Trust Holdings option on the Platform is not a recommendation or investment advice, nor is it a solicitation to buy or sell any security.
Certain Trust Holdings may have Fees or other Charges. These fees may be imposed by the fund manager/sponsor if the asset is typically held for less than one (1) year. As such, before selecting a Trust Holding for your trust, always take the time to do your own research relative to the Trust Holdings you are selecting for the trust, including but not limited to, utilizing public data available from an investment research firm service such as www.morningstar.com, and reading the prospectus of each asset carefully (for example a prospectus for securities can typically be found on the website of the respective mutual fund family.)
The net performance of your trust may be reduced by the fees and other expenses that your trust may incur and which are disclosed within your trust document. There is no guarantee that any particular Trust Holdings allocation will meet your objectives or provide you with a given level of income. Diversification does not ensure a profit or protect against a loss.
IN CONSIDERATION OF THE ADMINISTRATIVE EFFICIENCY AND THE RESULTING LOWER COST OF TRUST ADMINISTRATION FROM WHICH YOUR TRUST BENEFITS, YOU ACKNOWLEDGE, AGREE AND SPECIFICALLY WAIVE ANY CLAIMS THAT MAY ARISE FROM OUR EXERCISE OF FIDUCIARY OR MINISTERIAL POWERS.
If you so request, EPTC shall initiate, through its ODFI banks, scheduled or periodic electronic funds transfer debits and/or credits requested for trust additions (or when applicable, apply electronic funds transfer credits to the same).
If your financial institution should return any such electronic debit(s) for any reason, you authorize EPTC to collect a returned item fee per its then-current fee schedule plus the associated ODFI bank fees from the associated trust account. You also agree to be bound by the ODFI financial institution’s rules governing such transactions.
Upon the second occurrence of an authorized funds transfer being rejected, EPTC shall bar such Giftor from any future electronic fund transfers.
Through the use of the system to request electronic funds transfers, you attest that you are an authorized signer on the financial institution account associated with this request (“target account”), you agree to the terms herein, and you acknowledge, understand, and approve the associated electronic funds transfer transactions.
When we act in a limited capacity related to the administration of accounts and the associated custody of trust or account holdings in-common (on an omnibus basis), the associated assets are subject to our policies as they may change from time-to-time.
For convenience concerning Trust or Escrow administration and holdings, we may hold all or a portion of the Trust or Escrow Assets jointly in-common (in omnibus) with the property of other trusts or accounts for which we also provide service(s). A corporate fiduciary or escrow agent may also use common custodial accounts pursuant to the terms of such common custodial accounts.
The Trustee, Administrator, or Escrow Agent shall maintain records that sufficiently identify the Trust's or Escrow account's portion of the jointly held assets pursuant to the following terms and conditions:
(a) Unless otherwise agreed upon in writing, all assets shall be custodied in-common (omnibus account).
(b) Account-specific non-omnibus long-title accounts may be requested at the time of account creation and at the then-current annual rate applicable for long-titled accounts plus all additional extraordinary fees.
(c) In exchange for the lower fee, the Trust or Escrow account, and all associated Parties in Interest, waive any claims, demands, conflict of interests, or rights to such that may have resulted from the operation of the common fund. Further it is conclusively established that such resulting lower costs otherwise would not normally be commercially available to the Trust or Escrow account, and that by utilizing the Trustee's, Administrator's, or Escrow Agent's services, the use of in-common (omnibus) custody is Commercially Reasonable.
(d) The Parties in Interest waive all associated claims, demands, or rights that may result from the utilization of in-common (omnibus) asset custody.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
The publicly available portions of the Platform are provided for educational purposes only and are not intended to provide legal, tax, investment or financial planning advice. In using the publicly available portions of the Platform, you agree that you are solely responsible for your own investment research and decisions, that you will not rely on the Platform as the primary basis for your decisions (investment, financial, legal or tax) and, except as otherwise provided herein, EPTC will not be liable for any actions you take based on information you receive via the Platform.
The Platform contains certain information EPTC has filed or incorporated by reference in its reports with state and federal agencies (collectively, the “Disclosure Materials”). EPTC expressly disclaims any duty to update any of the information set forth in the Disclosure Materials including, but not limited to, statements that may be considered forward-looking.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EPTC NOR ANY PERSON ASSOCIATED WITH EPTC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER EPTC NOR ANYONE ASSOCIATED WITH EPTC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, EPTC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To the extent the Platform or any attachment concerns tax matters, it is not intended to be used and cannot be used by a taxpayer to avoid regulations, laws, or penalties that may be imposed by law. WE PROVIDE YOU WITH THIS INFORMATION WITH THE UNDERSTANDING THAT WE ARE NOT RENDERING ACCOUNTING, INVESTMENT, LEGAL OR TAX ADVICE. PLEASE CONSULT YOUR INVESTMENT, LEGAL OR TAX ADVISOR CONCERNING SUCH MATTERS.
Further, with regards to the completion and submission of a qualified settlement fund (“QSF”), the following terms apply:
As used herein, "Good Faith" refers to an action or decision (or lack thereof) that meets any one or more of the following criteria:
Further, the Trustee, Trust Administrator, Escrow Agent, or a related person shall not be liable for errors of judgment or mistakes of fact or law, and may take the advice of counsel or other experts and shall be under no liability for any act or omission in accordance with such advice, nor for failing to follow such advice.
In addition, the presumption shall be that any action or inaction taken in reliance on information, consent, or directions received from a trust beneficiary, associated law firm, authorized agent, or authorized entity is made in Good Faith, unless there is evidence of willful misconduct or actual fraud on the part of the Trustee, Trust Administrator, Escrow Agent, or a related person.
The associated Trustee, Trust Administrator, or Escrow Agent may require a non-judicial settlement agreement on any matter, and such agreement shall conclusively establish Good Faith, which is not subject to future contest. However, any allegation of bad faith must be supported by clear, objective, demonstrable, and measurable facts.
Any action or inaction not made in Good Faith by one person or entity shall not be attributed to any other person or entity.
You acknowledge and agree that Funds are considered “Collected Funds” as follows:
Account statements are posted within ten (10) business days following the first day of the calendar month or quarter, depending on your statement cycle. To protect the assets of any associated trust or escrow account from loss, fraud, theft, conversion, or misuse, the Claimant, Grantor, Beneficiary, and their attorney, planner, authorized agent, and all Parties in Interest acknowledge and agree that they have a stipulated duty and a specific performance requirement to review the statements and reported transactions of any associated trust or escrow account and acknowledge and agree that any resulting damages stemming from the failure to monitor the trust or escrow account is not EPTC's liability, but rather is the sole liability of the Claimant, Grantor, Beneficiary, and their attorney, planner, authorized agent, and all Parties in Interest. Accordingly, the Claimant, Grantor, Beneficiary, and their attorney, planner, authorized agent, and all Parties in Interest waive all claims at law or in equity against EPTC and its Third Parties in such circumstances.
You agree that fees unpaid for more than thirty (30) days shall accrue a Late Fee of one and one-half percent (1.5%) per month that shall be assessed on the then-current outstanding past-due balance. Said accrued Late Fee shall be added to the then-current balance. In addition, you, the firm you represent as an agent or employee, and the associated Parties in Interest shall be jointly and severally liable for reimbursing us for all court costs, collection fees, processing fees, late fees, and attorney fees associated with such collection or defense. Moreover, you acknowledge, understand, and agree that should any fee(s) go unpaid for more than thirty (30) days, EPTC may, without notice and without waiving any of its other rights, suspend service until such time as all fees, including any applicable Late Fee, have been paid.
You agree to the following Payment Crediting Policy processes:
Collected money payments received in USD will be promptly applied to their respective total accounts' outstanding balance.
The payment application process will first prioritize the oldest outstanding balance (in total) and shall not be applied to any one specific invoice or invoice line-item, regardless of any client attempted invoice or line-item limitation declaration.
When a payment is received, it will be credited to the client's account using the "oldest outstanding balance" method. The oldest outstanding balance refers to the outstanding amount that has been due for the longest period of time.
Payments will be applied to the principal amount first, followed by any applicable interest, past due fees, or other fees associated with the outstanding balance.
There will be no allowable invoice or line-item limitation on credited payments.
Regardless of the number of invoices or line-items associated with a client's outstanding balance, payments shall be credited to the oldest unpaid (outstanding) gross balance.
Clients will be notified of the payment crediting policy through various channels, including the website, account statements, and customer support channels. You agree that, by this notice, you have received commercially reasonable notice and that the terms herein are fair and equitable.
CORFX is a SAS technology-enabled wallet-based escrow service offered only to financial institutions outside of the United States ("U.S."). CORFX is not offered in the U.S. and no U.S. citizen, resident, or entity is eligible to utilize the CORFX service. CORFX technology enables the transmission of a client's associated payment rails transaction instructions which are then communicated for execution through one or more banks or non-bank licensed money transmitter services.
Some of the sites listed as links herein will let you leave our server, are not under our control, and are provided for your convenience only. Access to any other internet site linked to the Platform is at the user’s own risk, and EPTC is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these linked sites. We do not make any representations whatsoever concerning the content of those sites. The fact that we have provided a link to a site is NOT an endorsement, authorization, sponsorship, or affiliation by us with respect to such site, its owners, or its providers; we are providing these links only as a convenience to you. We have not tested any information, software, products, or services found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, products, or services found on the internet, and we caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the internet.
No disbursement from an Account or the Platform, and no execution of a service agreement, regardless of type, by us constitutes (i) an endorsement of the transaction or the associated parties; (ii) a statement of suitability, recommendation, prudence, assurance, or warrantee of a financial transaction or the associated parties; (iii) advice in any form; (iv) assurance of compliance with the laws of any specific jurisdiction; or (v) assurance of compliance with applicable tax law and any associated liability. The associated compliance and financial risks of every transaction and related relationship(s) lie solely with the requestor and the Parties in Interest, who assume all such duties and risks.
In the absence of your agreeing to a Supervising Third-Party verification of each written distribution petition or request, you and all other Parties in Interest hereby agree that any security procedure we may employ at our discretion, is an "Alternative Verification Procedure" whether based on algorithms or another type of code (alpha, numeric, or alphanumeric) identifying words (single or word combinations) or numbers (the foregoing including but not limited to email addresses, email MX records, internet protocol addresses, login ID records, digital fingerprints, signature digital IDs, account numbers, dates of birth (in whole or in part), social security number (in whole or in part), or other similar unique identifying words or numbers, encryption, callback procedures, or similar security devices. For clarity, any one (1) element of the Alternative Verification Procedure is sufficient to establish Good Faith verification. Notwithstanding the preceding, this provision does not conflict with or supersede the "Reliance upon Information, Instruction, Representation, and Warrants; No Duty to Audit" provision.
Further, you and all other Parties in Interest expressly agree that (i) the preceding Security Procedure is a commercially reasonable method of providing security against unauthorized payment orders, and (ii) the distribution petition or request is processed in Good Faith if it complies with the preceding Security Procedure or the alternative agreed upon terms of a written distribution petition or request, or instruction defining the terms of acceptance of written distribution petition or request. However, we are not required to accept or fulfill a distribution petition or request that violates any other associated written agreement. Further, the Indemnified Parties have no liability for any conflicting, modifying, or restrictive notice which is not received at a time and in a manner affording us a reasonable opportunity to act on it before the distribution request is processed.
Notwithstanding the preceding, if an attorney (who is an active member of a state bar at the time) or their office, acting or representing in any legal capacity one (1) or more Parties in Interest, submits any written distribution petition or request, we shall be able to rely in Good Faith on the attorney's written distribution petition or request as a "Third Party" verification, given that the attorney is under a continuing duty under these Terms and Conditions and the rules of professional conduct to protect the client's personal identifying information, client data, and the attorney's systems, devices, networks, data, emails, logins, and other communications.
Accordingly, the Indemnified Parties have no liability for any resulting loss or damages when acting under the provisions herein and, as such, you and all other Parties in Interest completely release, defend, hold harmless, indemnify, and forever discharge the Indemnified Parties from all past, present, or future claims, demands, obligations, actions, causes of action, rights, damages, costs, losses of service, expenses, tax consequences, and compensation of any nature whatsoever, at law or inequity, which you or the Parties in Interest now have, or which may hereafter accrue or otherwise be acquired on account of, or may in any way grow out of, any related matter.
Finally, you and all other Parties in Interest agree that any breach of your duty to secure your system, devices, data, networks, emails, or other communications is solely your liability. Accordingly, the Indemnified Parties have no liability for any resulting loss or damages when acting under the provisions herein, and as such you and all other Parties in Interest completely release, defend, hold harmless, indemnify, and forever discharge the Indemnified Parties from all past, present, or future claims, demands, obligations, actions, causes of action, rights, damages, costs, losses of service, expenses, tax consequences, and compensation of any nature whatsoever, at law or inequity, which you or the Parties in Interest now have, or which may hereafter accrue or otherwise be acquired on account of, or may in any way grow out of, any related matter.
If any corporation acting as a fiduciary or performing other non-fiduciary ministerial services under this Agreement, whether individually or as a committee, is merged with or transfers substantially all of the associated Account Holdings to another corporation, or if an associated entity changes its name, the successor will automatically succeed as if that successor had been originally named. No document of acceptance shall be required, and the successor shall fully assume the associated role hereunder, without the execution or filing of any instrument or the performance of any further act, and shall have the same powers, authorities, and discretions as though initially named in this Agreement. No associated merger or transfer of assets shall be construed as the termination of the Agreement or the underlying trust, custodial account, or escrow account or agreement.
The Account and its resulting fee(s), and all other associated revenues, are transferrable to any successors or assigns and may also be sold at any time, in whole or in part, without restriction, prior notice, or prior consent. Further, no notice, approval, consent, or acknowledgment is required for assignment from any Party in Interest. This section shall bind all respective Parties in Interest and their successors and assigns. No assignment or sale of revenue or receivables shall be construed as the termination of the Agreement, or the underlying trust, custodial account, or escrow account or agreement.
FURTHER, YOU AGREE THAT IN ANY JUDICIAL, NEGOTIATION, MEDIATION OR ARBITRATION PROCEEDING OR ANY CLAIM OR CONTROVERSY BETWEEN OR AMONG YOU AND US OR OUR AFFILIATES THAT MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH YOUR ACCESS TO, AND USE OF, THIS PLATFORM, ALL ASSOCIATED OR LINKED EPTC WEBSITES AND ASSOCIATED TRUST ADMINISTRATION AND ESCROW OR OTHER SERVICES, OR RELATED SERVICES PROVIDED BY EPTC, ITS AFFILIATES, OR ITS THIRD PARTIES, YOU SHALL NOT HAVE A REMEDY OF, AND EPTC SHALL NOT BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, COVER, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF REVENUE, PROFIT, SAVINGS, OR BUSINESS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOOD WILL, OR LOSS OF DATA. YOU HEREBY EXPRESSLY WAIVE ANY RIGHT OR CLAIM TO INCIDENTAL, SPECIAL, INDIRECT, COVER, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF REVENUE, PROFIT, SAVINGS, OR BUSINESS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOOD WILL, LOSS OF DATA, OR ANY OTHER DAMAGES YOU MAY HAVE OR WHICH MAY ARISE IN THE FUTURE IN CONNECTION WITH ANY SUCH PROCEEDING, CLAIM OR CONTROVERSY, WHETHER THE SAME IS RESOLVED BY ARBITRATION, MEDIATION, JUDICIALLY OR OTHERWISE.
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.
Any and all disputes arising out of, or relating to, the associated trust, account, or this Platform, including any alleged breach or any other theory of recovery or claim, at law, in equity or by statute, which the Parties in Interest now have or which may hereafter accrue or otherwise be acquired or asserted on account of, or may in any way grow out of, the associated trust, account or this Platform, shall be resolved with the following procedures:
(a) Negotiation. Upon any Party in Interest providing written notice of any dispute to EPTC, the Party in Interest noticing the dispute shall request, in writing, to schedule a Negotiation of said dispute, and the parties shall attempt to resolve the subject dispute promptly by Good Faith Negotiation. The party noticing the dispute and asserting the claim shall provide said request for Negotiation within fifteen (15) business days of determining that there is a potential dispute. Said notice shall be titled as follows: "NOTICE OF REQUESTED DISPUTE RESOLUTION BY NEGOTIATION." The party noticing the dispute and asserting the claim shall submit a complete detailed brief of the facts, arguments, exhibits, supporting citations and analysis of all related provisions of the associated trust and incorporated provisions. The foregoing shall constitute the sole facts, arguments, exhibits, supporting citations and analysis of all related provisions of the associated trust and incorporated provisions allowable by the party asserting the claim during Negotiation, Mediation, and Arbitration and shall be solely relied upon during Mediation and Arbitration, if any.
The involved parties must satisfy the requirements of the Negotiation process detailed in this paragraph (a) prior to the initiation of the Mediation process detailed in paragraph (b) below. The parties shall make all reasonable efforts to complete the Negotiation within thirty (30) business days of the first Negotiation session. Should the Negotiation process not be completed due to a failure of the party noticing the dispute to comply with its requirements, said party shall irrevocably waive all associated claims or causes of action.
(b) Mediation. If the preceding Negotiation fails to resolve the dispute, the parties shall proceed to Mediation unless all parties have previously agreed to a different time frame in writing. A "NOTICE OF REQUESTED DISPUTE RESOLUTION BY MEDIATION" shall be served upon the party who initially noticed the dispute, signifying that the Good Faith negotiation was not successful and commencing the Mediation process. The parties shall agree on a mediator; however, if they cannot mutually agree to a mediator within fourteen (14) days, then an individual or entity to be named by EPTC shall appoint a mediator. The Mediation location shall be in Fauquier County, Virginia. The Mediation session shall be held within forty-five (45) days of the retention of the mediator and last for at least three (3) full Mediation days before any involved party has the option to withdraw from the process. The parties involved in the Mediation may agree to continue the Mediation process beyond the three (3) Mediation days until there is a settlement agreement or one of the involved parties or the mediator states that there is no reason to continue because of an impasse that cannot be overcome and sends a written "NOTICE OF TERMINATION OF MEDIATION" to all parties. All reasonable efforts shall be made to complete the Mediation session within thirty (30) business days of the first Mediation session.
During the Mediation, EPTC can assert the failure to fully comply with paragraph (a) above as a reason not to proceed to or to delay the Mediation. The party that noticed the dispute per paragraph (a) above shall bear the Mediation costs unless agreed otherwise in writing. The service of the NOTICE OF REQUESTED DISPUTE RESOLUTION BY MEDIATION shall stay the running of any applicable statute of limitations regarding the dispute in question until thirty (30) days after the parties involved in the Mediation agree that the Mediation is concluded or the mediator issues a NOTICE OF TERMINATION OF MEDIATION.
All communications, both written and oral, during the phases outlined above are confidential and treated as settlement negotiations for purposes of any applicable rules of evidence; however, documents generated in the ordinary course of business prior to the dispute in question that would otherwise be discoverable do not become confidential simply because of their use in the Negotiation or Mediation process.
The Mediation process shall be confidential based on terms acceptable to the mediator or the Mediation service provider.
(c) Arbitration. Any dispute that is not resolved through Negotiation or Mediation in accordance with the preceding paragraphs (a) and (b) shall be resolved by final and binding Arbitration in accordance with the rules of the American Arbitration Association and the limitations provisions herein. The Arbitration location shall be Fauquier County, Virginia, using one arbitrator unless the dispute in question exceeds one million dollars ($1,000,000) in which case there shall be three neutral arbitrators as a panel. The arbitrators may award costs and attorneys' fees to the prevailing party.
You (or in your role as an agent/attorney for any Beneficiary(ies)/Claimants) hereby waive all rights to have disputes heard or decided by a jury or in a court trial and the right to pursue any class or collective claims against EPTC in court, arbitration, or any other proceeding. Each party shall only submit its own individual claims against the other and shall not seek to represent the interests of any other person. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim or to consolidate different Arbitration proceedings with, or join any other party to the Arbitration between the parties. The arbitrator, not any court, shall have exclusive authority to resolve any dispute relating to the Platform and the arbitrability of any dispute between the parties, except for any dispute relating to the enforceability or scope of the class and collective action waiver, which a court of competent jurisdiction shall determine.
Arbitration is final and binding, and you (or in your role as an agent/attorney for any Beneficiary(ies)/Claimants) waive all rights to other resolution processes, such as court actions or administrative proceedings, and waive the right to bring forth any other theory of recovery or claim, at law or in equity or by statute, related to the Platform or any associated trust. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction per the terms hereof.
Notwithstanding the foregoing, EPTC shall have the right to institute any action against any party in a court of proper jurisdiction for injunctive or other equitable relief as EPTC deems appropriate.
The preceding is consistent with the purposes of this Platform and any associated trust and is an acceptable and reasonable condition of EPTC's requirements.
You and the Parties in Interest 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.
BY ACCESSING OR USING THE PLATFORM, YOU AND ALL PARTIES IN INTEREST ACKNOWLEDGE AND AGREE THAT ALL PROVISIONS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE LIMITATION OF LIABILITY, INDEMNIFICATION, CHOICE OF LAW; JURISDICTION, AND NEGOTIATION, MEDIATION, AND ARBITRATION PROVISIONS (AND THOSE OTHER PROVISIONS AND AGREEMENTS INCORPORATED HEREIN BY REFERENCE), ARE MATERIAL TERMS AND THAT ABSENT SAID PROVISIONS EPTC WOULD NOT AUTHORIZE ANY ACCESS TO, OR USE OF, THE PLATFORM OR ANY SERVICES ASSOCIATED THEREWITH. ADDITIONALLY, BY ACCESSING OR USING THE PLATFORM, YOU AND ALL PARTIES IN INTEREST HEREBY ACKNOWLEDGE AND AGREE THAT ALL PROVISIONS HEREIN ARE COMMERCIALLY REASONABLE, FULLY DISCLOSED, AND CONSISTENT WITH THE PURPOSES OF THIS AGREEMENT. ACCORDINGLY, AND PURSUANT TO THE FOREGOING, BY ACCESSING OR USING THE PLATFORM, YOU AND ALL PARTIES IN INTEREST WAIVE ANY AND ALL OBJECTIONS TO THE PRECEDING AND AGREE TO BE BARRED FROM ANY AND ALL ACTIONS DISPUTING THE APPLICABILITY, ENFORCABILITY, OR EFFECT OF THE PROVISIONS OF THIS AGREEMENT.
The Platform contains trade secrets and intellectual property of EPTC collectively defined as “Intellectual Property.” “Intellectual Property” is further defined as Intellectual Property owned, commissioned, developed, or created by EPTC. Certain Intellectual Property may exist in a combination of characteristics and components, each of which, by itself, is in the public domain, but the unified process and operation of which, in a unique combination, affords a competitive advantage and is a protectable secret.
The term “Intellectual Property” includes, but is not limited to (collectively and separately): (a) Marks; (b) user interfaces functions and design; (c) process design; (d) lists; (e) pricing information; (f) business strategy; (g) financial information; (h) marketing and advertising strategies; (i) sales techniques; (j) methods of conducting business; (k) technology platforms; (l) software; (m) web sites, publications, databases, and other content; (n) business processes material to the operation of the business; (o) symbols; (p) artwork; (q) copyrights; (r) franchise systems; (s) object code; (t) trading platforms; (u) trust document design and component elements; (v) patents and patent applications (including any abandoned applications); (w) pending trademark and service mark applications; (x) domain names and domain name registrations; (y) all products and services currently produced, marketed, licensed, sold or distributed by EPTC; (z) all products and services currently under development that EPTC intends to make commercially available within 24 months from your last use the Platform; (aa) inventions, whether or not patentable, whether or not reduced to practice, or whether or not yet made the subject of a pending patent application or applications; (bb) ideas and conceptions of potentially patentable subject matter, including, without limitation, any patent disclosures, whether or not reduced to practice and whether or not yet made the subject of a pending Patent application or applications; (cc) trade secrets and confidential, technical, or business information (including ideas, formulas, compositions, designs, inventions, and conceptions of inventions whether patentable or unpatentable and whether or not reduced to practice); and (dd) technology (including know-how), manufacturing and production processes and techniques, methodologies, research and development information, drawings, specifications, designs, plans, proposals, technical data, copyrightable works, financial, marketing and business data, pricing and cost information, business and marketing plans, and customer and supplier lists and information.
You agree to not, directly or indirectly:
Foreground Intellectual Property means all intellectual property worldwide, including but not limited to, patents, unpatented inventions, copyrights, trademarks, mask works, trade secrets, standard operating procedures (SOPs), know-how, and all other forms of intellectual property conceived or first reduced to practice, or to a tangible medium of expression, or conceived or made during the performance of EPTC under this Agreement and all Foreground Intellectual Property embodied in deliverables under this Agreement. Nothing herein shall constitute or infer a transfer of Foreground Intellectual Property to any other party.
The content of the Platform, in all of its parts, including but not limited to the text and images and their arrangement, are the copyright ©, of EPTC 2006 – 2023. All rights reserved.
Except as otherwise provided herein, you may not copy, upload, publish, transmit, distribute, archive, transcribe, create derivative works from the Platform, display the Platform content, use the Platform’s content, link, or redirect to the Platform without the prior written consent of EPTC.
Copies made incidentally in the ordinary course of your use of the Platform (such as in cache memory), and a reasonable number of printed copies for your own internal use are permitted, provided you do not delete or change any copyright, trademark or other notices or display to the public.
The following elements are owned by EPTC as copyrights, trademarks and registered trademarks (collectively and individually “Marks”):
Before any use of the Marks, you must make a written request for permission to use the Marks at [email protected], and we may grant or withhold permission to use the Marks at our sole discretion. No use is allowed unless you have express prior written permission. If permission to use the Mark is granted, your use of the Mark must always be fully and clearly reproduced, and you may not incorporate any of our Marks into the other published work unless you have express prior written permission.
The first time that you use the Mark in any medium, you must conspicuously indicate that:
“The mark is a trademark of EPTC and is being used with the permission of Eastern Point Trust Company.”
If you use any of the other Marks in any medium, you must also conspicuously indicate that such Marks are:
“The mark is a trademark of EPTC and is being used with the permission of Eastern Point Trust Company.”
You must use the Marks in their entirety unless you have express prior written permission. A trademark symbol ® or ™, as applicable, should follow all prominent uses of the Marks. Certain types of expressions, postings, projects, products, and packaging may require additional or different notices. Contact us for more information and to discuss your intended use.
Without the prior written release of EPTC, you shall not, directly or indirectly, issue any press release, or make public statements or announcements related to the Platform, EPTC, its Third Parties, or any EPTC product, written or oral, without the prior written consent of EPTC, except as sworn testimony when required by law as part of a civil or criminal legal proceeding or a court order. However, voluntary false allegations made against EPTC in any public pleading shall be deemed disparaging and a violation of these terms.
You agree you will not make, or induce or cause another party to make, any statement or communication, public or private, that (i) is intended to, or reasonably could be expected to, defame, disparage or harm the reputation of EPTC, its Third Parties, or the Platform; (ii) is false; (iii)that would reasonably be expected to lead to unwanted or unfavorable publicity or public perception.
Specifically, you agree that you will not defame or disparage EPTC, its Third Parties, or the Platform. You further agree not to relay, communicate or repeat defamatory or disparaging comments from others or cause such statements to be made by a third party or through an anonymous persona. Defamation and disparagement includes, but is not limited to: public writings, remarks, comments or statements (with or without malice or intent); which are false in nature, fact or substance; and which impugn the character, honesty, integrity, morality or business acumen or abilities in connection with any aspect of the operation of business of the covered individual or entity and includes, but is not limited to, the torts of defamation, product disparagement, insulting words, injurious falsehood and/or trade libel. Any violation of this section shall require you to remove any such defaming or disparaging statements immediately. In recognition of the willful and reckless nature of, and intent to harm associate with, defaming and disparaging statements, you agree that you shall be liable for any loss of revenue associated directly or indirectly with said statements in addition to stipulated damages of one million dollars ($1,000,000) per instance of the defaming or disparaging statements being made and/or published, and you acknowledge and agree that said liability shall begin from the moment the statement is made or otherwise published, whether verbally or in writing. All damages associated with said defaming and disparaging statements shall additionally include EPTC's and its Third Parties' attorneys' fees and internal and external costs.
By your use and access, you acknowledge and agree that any effort or coordination of action by more than one person to cause, conspire, or coordinate to make or cause to be made defamatory or disparaging statements against EPTC, its Third Parties, or the Platform, is stipulated as an injury of reputation, trade, business, or profession by reason of conspiracy, and EPTC is entitled to recover, pursuant to the applicable statutory authority, three fold (3X) the damages sustained plus the associated stipulated damages, plus the costs of the suit, including attorneys' fees. Without limiting the generality of the term, "damages" shall include loss of profits and all future expectancy of lost profits or business opportunity.
EPTC is incorporated within the U.S. Virgin Islands and is authorized and regulated by the Department of Licensing and Consumer Affairs to provide Fiduciary Services, and its associated Business Number is: 39672 and its associated License Number is 1-39672-1L.
The material within, and any linked material accessed via, the Platform is directed to eligible counterparties and professional clients only and should not be distributed to or relied upon by any retail investor.
ALL ASSETS ARE SOLELY OWNED BY THE TRUST TO WHICH THEY ARE GIFTED. THE GRANTOR, GIFTOR OR BENEFICIARY IS NOT THE OWNER OF THE ASSETS OF THE TRUST. Unless otherwise provided for in writing, EPTC may act solely in a non-fiduciary directed capacity related to communicating your instructions regarding your Trust Holdings directions. As such, EPTC relies exclusively on instructions of the applicable designated person as to what Trust Holdings shall be acquired, liquidated and held.
All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: [email protected].
We, or our authorized agents and third parties, may monitor, track, log, and record all uses of the website or portions of your telephone calls, emails, text messages, chats, or other communications for quality control, customer service, training, security, legal, compliance, and other lawful purposes. You hereby consent to such monitoring, logging, tacking, and recording. Said consent is ongoing and need not be confirmed prior to, or during, such monitoring, logging, tracking, or recording, except to the extent applicable law expressly requires otherwise. We may also archive your access and use of the websites and communications for regulatory and other purposes.