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.
Pursuant to the Bank Secrecy 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”) pursuant to EPTC’s Customer Due Diligence, Know Your Customer and Anti Money Laundering policies.
A 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, and (ii) includes a person or entity who exercises ultimate effective control over said entity, arrangement or structure, or (iii) a person or entity which derives the benefits associated with ownership or control of said arrangement or structure. 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) corporate directors or nominee directors that are appointed to conceal the true owners 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 structural 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 associated entity, including but not limited to its voting rights and ability to contractually bind the entity or control the disbursement or receipt of funds.
EPTC may request, as part of its government-mandated monitoring of accounts, updated Customer Due Diligence, Know your Customer, and Anti Money Laundering information at any time.
Notwithstanding the preceding, EPTC retains the absolute discretion to determine whether a party is a UBO or a Control Person and whether the provided information is responsive or warrants further inquiry.
We shall ask you for 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 may 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 to verify your identity and related information. 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.
For non-compliant clients, EPTC has no other option but to suspend further 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. In certain cases, EPTC may be compelled to file reports with various government agencies regarding a failure to comply with the BSA-related requirements or other suspicious activity.
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.
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.
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 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.
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.
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:
You acknowledge and agree that Funds are considered “Collected Funds” as follows:
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.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EPTC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, OR ANY ASSOCIATED FIDUCIARY OR TRUST ADMINISTRATION SERVICES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, 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 GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING THE FOREGOING, IN NO CASE SHALL ANY RESULTING LIABILITY BE GREATER THAN THE FEES ASSESSED AND COLLECTED WITHIN THE PRECEDING TWELVE (12) MONTH PERIOD.
FURTHER, NEITHER THE TRUSTEE NOR THE TRUST ADMINISTRATOR, AS THE CASE MAY BE, SHALL HAVE ANY OBLIGATION OR LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), REPRESENTATION, STRICT LIABILITY OR PRODUCT LIABILITY) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF REVENUE, PROFIT, SAVINGS OR BUSINESS ARISING FROM OR OTHERWISE RELATED TO YOUR ACCESS TO, AND USE OF, THIS PLATFORM, ALL ASSOCIATED OR LINKED EPTC WEBSITES AND ASSOCIATED TRUST ADMINISTRATION AND ESCROW OR OTHER SERVICES PROVIDED BY EPTC, ITS AFFILIATES, OR ITS THIRD PARTIES EVEN IF SUCH A PARTY OR ITS EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 (1) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR (2) PUNITIVE OR EXEMPLARY DAMAGES. YOU HEREBY EXPRESSLY WAIVE ANY RIGHT OR CLAIM TO PUNITIVE OR EXEMPLARY DAMAGES THEY 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.
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 William Ashwell shall appoint a mediator. If William Ashwell is unavailable, then a successor 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.
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 – 2022. 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@example.com, 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 other public statements or announcement related to the Platform or any EPTC product, written or oral, without the prior written consent of EPTC, except as required by law as part of a civil or criminal legal proceeding or a court order.
You agree that you will not disparage EPTC, its officers and management, current or former employees, and/or its shareholders. You further agree not to relay, communicate or repeat disparaging comments from others or cause such statements to be made by a third party or through an anonymous persona. Disparagement includes, but is not limited to: public writings, remarks, comments or statements (with or without malice); 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 disparaging statements immediately. You shall be liable for any loss of revenue associated directly or indirectly with said statements and said liability shall begin from the moment the statement is made or posted. All damages associated with said disparaging statements shall include reasonable attorney’s fees and costs.
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.
Pursuant to the USA PATRIOT Act and final rules issued by the U.S. Department of the Treasury, EPTC complies to the extent applicable with the terms and conditions of the USA PATRIOT Act and the Dodd-Frank Act, including, but not limited to Know Your Customer rules and Anti Money Laundering Rules.
This website is operated by Eastern Point Trust Company.
All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: firstname.lastname@example.org.
Our authorized agents may monitor and record all or portions of your telephone calls, emails, text messages, chats, and other communications for quality control, customer service, training, security, legal, compliance, and other lawful purposes. You hereby consent to such recording. That consent is ongoing and need not be confirmed prior to, or during, such monitoring or recording, except to the extent applicable law expressly requires otherwise. We may also archive your communications for regulatory and other purposes.