EPTC Platform & Website Terms & Conditions
Acknowledgment and Acceptance of Terms of Use
These Terms of Use are entered into by and between the user of the Platform (“you”) and Eastern Point Trust Company and its Affiliates and Third Parties (jointly “Eastern Point Trust Company,” “EPTC,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to, and use of, this Platform, all associated or linked EPTC websites and associated trust administration and trustee services, or related services provided by EPTC, its Affiliates, or its Third Parties. The preceding includes, but is not limited to, the websites
www.easternpointtrust.com,
www.kisstrust.com, and any linked or affiliated websites including any content, functionality, and services offered on or through the same (collectively, the “Platform”), whether as a guest or a registered user.
Please read these Terms of Use carefully. These Terms of Use constitute a binding legal agreement in consideration of, and regarding your use of, the entire Platform. By using or accessing the Platform, you acknowledge that you have read these Terms of Use and our Privacy Policy (located at
https://www.easternpointtrust.com/privacy-policy), which is incorporated herein by this reference, and agree to be bound by them. With each access or use of the Platform, you agree to these Terms of Use as they may have been amended from time to time.
THESE TERMS OF USE CONTAIN BINDING WAIVERS AND DISCLOSURES WHICH MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE INFORMATION FULLY AND CAREFULLY.
These Terms of Use are a separate legal agreement and are in addition to, and not a replacement for, any other agreement you may enter into with EPTC. Additionally, these Terms of Use may also be incorporated by reference and made part of any other agreement you enter with EPTC or a trust you create.
Your access to, and use of, the Platform and ongoing trust services is conditioned upon your acceptance of, and compliance with, these Terms of Use. These Terms of Use apply to all visitors, users, Beneficiaries, Claimants, and others who wish to access or use the Platform.
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.
Scope and Changes to the Terms of Use
By using the Platform, you agree to follow and be bound by these Terms of Use and agree to comply with all applicable laws and regulations, including but not limited to, United States Bank Secrecy Act laws, export and re-export control laws and regulations, all federal and state copyright and intellectual property laws, and any other federal or state regulation, statute, administrative code, or common law.
EPTC may amend these Terms of Use at any time at its sole discretion, including without limitation, by posting revised terms on its websites at
www.easternpointtrust.com (or other affiliated websites). All changes are effective immediately when we post them and apply to all access to, and use of, the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. You further agree that the Terms of Use in effect at the time of each visit supersede and amend any prior Terms of Use and that all acts by you shall be governed by the Terms of Use then in effect.
If you disagree with any part of the current Terms of Use, then you do not have permission to access the Platform, must immediately suspend your use thereof, and must inform EPTC in writing via USPS certified Mail within 3 days of the suspension. Notices confirming suspension and objection to the Terms of Use must be mailed to Client Services, P.O. Box 232 Warrenton, VA 20188.
Accessing the Platform and Account Security
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:
Making all arrangements necessary for you to have access to the Platform.
Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.
You may be asked to provide certain registration details or other information to access the Platform or some of the resources it offers. It is a condition of your use of the Platform that all information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy located at
https://www.easternpointtrust.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
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.
We have the right to disable any user name, password, or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
It is a violation and breach of these Terms of Use, and a deemed act of computer trespass subject to criminal and civil enforcement, to access the Platform, or attempt to access the Platform: (a) with a false Internet Protocol (“IP”) address location other than the IP address of your actual physical access location; (b) through the use of any method similar to that of a proxy server, proxy server service, proxy redirect, IP address masking software, or another such service, method, or software whose purpose is to disguise or provide an IP address other than that of your physical access location; or (c) through the use of a Fictitious User Identity and/or the creation of a Fictitious User Account.
Important Information About Procedures for Opening and Maintaining an Account
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.
What does this mean for you?
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 trusts and accounts, EPTC has no other option but to suspend further transactions. EPTC may also decide, at its sole discretion, to permanently close such non-compliant trusts 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.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
To transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate EPTC, an EPTC employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm EPTC or users of the Platform or expose them to liability.
Additionally, you agree not to:
Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Platform.
Use any robot, spider, or another automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Platform.
User Contributions
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.
All User Contributions must comply with the Content Standards set out below in these Terms of Use.
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.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or another right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for EPTC.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, for any violation of these Terms of Use.
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.
Reliance upon Information, Instruction, Representation, and Warrants; No Duty to Audit
Trustee and the Trust Administrator 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 the Trustee or the Trust Administrator 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, Trustee and the Trust Administrator 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 by the Trustee or Trust Administrator 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 possessions associated with requesting distributions and information from the Trustee and Trust Administrator or contacting the Trustee and Trust Administrator. The forgoing 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 and Trust Administrator perform in Good Faith when acting under the provisions herein and, as such, completely release, hold harmless, indemnify and forever discharge the Trustee and the Trust Administrator 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 Trustee’s and Trust Administrator’s 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 and Trust Administrators, 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 (“Trustee’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 and the Trustee’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.
Platform Offered for Educational Purposes Only
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 trustee 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 of the trustee when 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 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.
Limited Scope
EPTC provides discretionary and limited-discretionary (directed) fiduciary services as a non-depository trust company.
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.
Location of Products and Services
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 non-fiduciary ministerial services may be provided through third parties in their respective jurisdictions.
Terms of Fiduciary Services Offer
All communications (whether by mail, by phone, through employees, agents, the internet, or otherwise) are solely made from, and within, the jurisdictions in which EPTC is licensed to operate and offer fiduciary services. All orders for 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 jurisdictions identified herein.
Applicable law provides that a trustee may, with respect to cash, money market, bank deposits, or other trust assets, exercise the rights of an absolute owner, including, but not limited to, the right to:
hold cash, money market, bank deposits, or other trust assets, in common and on an omnibus basis, in the name of a nominee or in another form without disclosure of the client trust so that title may pass by delivery and provide for more economical execution and acquisition and qualify as an Accredited Investor; and
deposit and hold the trust’s assets with a depository or other regulated financial service institution.
Pursuant to the preceding, EPTC, as the trustee, may hold your trust’s cash assets under the nominee’s name of the trustee as common FDIC insured bank deposits, pursuant to the terms and conditions of EPTC’s then current Money Market Common Trust. EPTC may receive compensation equal to the resulting float less the float credited to your Trust, if any. 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, conflict of interest, or rights to such compensation or interest income that may have resulted from the operation of the funds held in common. Further, the Grantor(s), Beneficiary(ies), Claimant(s), and their Parties in Interest agree by utilizing EPTC services that the rate concession and float is a Reasonably Commensurate fee to EPTC as consideration for the additional FDIC insurance coverage that this arrangement affords.
NOTE: The beneficiary and the applicable designated person to direct Trust Holdings can contact the trust administrator, trust officer, or refer to the account statement in order to determine the specific manner cash balances are deployed. The applicable designated person may direct the Trust Holdings into other options, which includes being permitted to direct Trust Holdings into other options which are not FDIC insured and which may lose value.
Unless expressly provided for in writing, these 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.
Not Investment Advice
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:
investment advice;
the creation of an investment advisory relationship or engagement; or
the offer of any security, or the solicitation for the purchase or sale of any security; and
We do not, and will not, make any representations about the suitability of a Trust Holdings, and we are not, and will not be, responsible for the suitability of your choices and directions for any trust.
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 AND MINISTERIAL POWERS.
ACH Electronic Funds Transfer Authorization Form
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 of $25.00 per item 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.
Disclaimers
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:
Pursuant to 26 CFR § 1.468B-2(k)(2), upon an account satisfying the requirements of 26 CFR § 1.468B-1(c), the QSF is now active and must comply with the accounting and reporting requirements of 26 CFR § 1.468B-1 et seq. regardless of activity or funding. As such, the operation of the QSF, and the various obligations of the QSF trustee, begin with the establishment and government approval. Correspondingly, the annual QSF fees apply to each year a QSF is in force, regardless of the timing of the funding. If the QSF is a pre-approved “Contingency QSF” and the underlying litigation is unsuccessful, the accrued fees are waived. However, if a successful conclusion to the underlying litigation produces a settlement, the accumulated fees are assessed in arrears and payable.
Any Agent submitting the request to create the associated QSF attests that such Agent is authorized to act on behalf of the affiliated parties regarding the creation of the subject QSF, including but not limited to the law firm(s) representing the claimant(s). Accordingly, any such Agent acknowledges and agrees that it is his or her duty and responsibility to inform those affiliated parties as necessary regarding the fees and terms of the QSF and their responsibilities thereunder. In addition to this notice, the use, receipt, access, or availability of the associated QSF or the related documents establishes “actual notice” to the affiliated parties.
Funds Hold, Clearing, Settlement, and Risk Management Policy
You acknowledge and agree that Funds are considered “Collected Funds” as follows:
Wires – Twenty-four (24) hours (One (1) Business Day after receipt of funds).
Domestic Checks – Nine (9) Business Days after deposit.
Foreign Checks – Only Bank Certified Check(s) from EPTC approved bank.
Links Provided to Third Party Sites
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.
Limitation of Liability
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 TRUSTEE FEES ASSESSED AND COLLECTED WITHIN THE PRECEDING TWELVE (12) MONTH PERIOD.
FURTHER, TRUSTEE SHALL NOT 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 TRUSTEE SERVICES, OR RELATED 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 TRUSTEE OR TRUSTEES 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 TRUSTEE 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.
Indemnification
You agree to indemnify, defend, and hold EPTC harmless from any liability, loss, claim, and expense, including attorney’s fees, related to your violation of these Terms of Use or use of the Platform. Nothing in these Terms of Use shall affect any non-waivable statutory rights that apply to you. EPTC reserves the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting EPTC’s defense of such matter.
Choice of Law; Jurisdiction
You irrevocably agree that the Circuit Court of Fauquier County, located in Warrenton, Virginia, shall hear and determine any suit, action, or proceeding and settle any dispute that may arise out of or in connection with the Platform and Terms of Use, and for such purposes you irrevocably submit to the exclusive jurisdiction of such court. You irrevocably waive all objections and irrevocably consent to the exclusive jurisdiction of the Circuit Court of Fauquier County, Virginia, as the court of jurisdiction for all matters arising from the Platform or Terms of Use.
Further, you waive any rights to remove any action or proceeding to any federal court of the United States, and hereby waive any right you may have to transfer or change the venue of any litigation brought against you, whether such action or proceeding arises directly, indirectly, or otherwise in connection with, out of, related to, or from the Platform and Terms of Use.
Intellectual Property (Including Trade Secrets)
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:
- Acquire, use, or disclose Intellectual Property, or any element of the Intellectual Property, to another person(s), or
- Engage in acquiring, or attempting to acquire, Intellectual Property by improper means;
- Engage in the improper use of the Platform, including creating fictitious user identities or accounts, or acts of espionage (whether through electronic or other means).
All rights, title, interest in, and ownership of the Intellectual Property shall remain the sole property of EPTC. Nothing in these Terms of Use conveys any right or license to use Intellectual Property other than as expressly provided herein for the stated purpose of evaluating EPTC and its product(s) for your personal use.
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.
You acknowledge and agree that you will not, directly or indirectly, use any Intellectual Property in any way detrimental to the EPTC. You agree to keep all Intellectual Property in confidence and, except as expressly provided in these Terms of Use, will not disclose, or cause to be disclosed, Intellectual Property to anyone without EPTC’s prior written consent. You agree that you will not use, or permit others to use, Intellectual Property for any purpose other than to evaluate the possible use of EPTC and its products for personal use. You will use all necessary efforts and safeguards to ensure that there is no disclosure, dissemination or unauthorized use of Intellectual Property.
Use of Copyrights and Trademarks
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.
Title to all Intellectual Property rights in the Platform and material thereon remain EPTC’s and its Affiliates or licensors. If EPTC is made aware of any unauthorized use of its material, it may demand you immediately remove or destroy the same from all sources. Any failure to immediately remove or destroy such material is a breach of these Terms of Use, and you hereby explicitly agree to indemnify and hold harmless EPTC from any damages arising therefrom, and explicitly agree to pay for all costs associated with any legal action taken in furtherance of your removing or destroying said material, including reasonable attorney’s fees, costs, and damages.
The following elements are owned by EPTC as copyrights, trademarks and registered trademarks (collectively and individually “Marks”):
The Kiss Trust Tree symbol image is a copyrighted and registered trademark.
Kiss Trust® ©
KissTrust® ©
Sleeping Trust ™ ©
Kiss Trust Memorial Trust ™ ©
Trusts Made ~ Flexible, Affordable and Secure ™ ©
Before any use of the Marks, you must make a written request for permission to use the Marks at
support@easternpointtrust.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.
Entire Agreement
These Terms of Use, our Privacy Policy, and any separate agreement entered into between you and EPTC constitute the entire agreement between you and EPTC with respect to the Platform and constitute and supersede all prior agreements, representations, and understandings, written or oral; EXCEPT for any related trust agreement(s) that may exist. Any agreements entered into between you and EPTC subsequent to this agreement may be incorporated into said trust agreement at that time.
Public Statements & Non-disparagement
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.
Regulatory Information and Legal Entities
EPTC is a non-depository trust company 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 Non-Depository Trust Services.
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 as a directed trustee related to communicating your instructions regarding your Trust Holdings directions. As a directed trustee, EPTC relies exclusively on instructions of the applicable designated person as to what Trust Holdings shall be acquired, liquidated and held within the trust.
USA Patriot Act
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.
Limitation on Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PLATFORM, OR THE ACTIVITY OF THE UNDERLYING TRUST MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR WAS REPORTED VIA THE PLATFORM OR WAS OTHERWISE REPORTED OR KNOWABLE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. The Grantor(s), Beneficiary(ies), Claimant(s), and their Parties in Interest acknowledge and agree that the information regarding the activity of the trust is readily available herein and accessible and available at any time upon request. The Grantor(s), Beneficiary(ies), Claimant(s), and their Parties in Interest have a duty to monitor the activity of the trust and acknowledge and agree that any resulting damages stemming from the failure to monitor the trust is not a liability of the Trustee, and the Grantor(s), Beneficiary(ies), Claimant(s) and their Parties in Interest waive all claims against the Trustee and its Third Parties in such circumstances.
No Interpretation Against Drafter
You recognize that this Terms of Use is a legally binding contract and acknowledge that you had the opportunity to review its contents and consult with legal counsel of choice before creating a user account and using the Platform. You acknowledge and agree that in any construction of the terms of this Terms of Use, the same shall not be construed against any party on the basis of that party being the drafter of such terms. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in these Terms of Use against the drafting party has no application and is expressly waived.
Survivability and Enforceability
Any clause, provision, or section of these Terms of Use, or any amendment hereto, shall be void if it violates federal law or the laws of the state of jurisdiction. If a court of competent jurisdiction rules that any clause, provision, or section of these Terms of Use or any amendment hereto is illegal or invalid, then such clause, provision, section, power, or obligation shall be deemed to be written only to the extent permitted by law.
Waiver and Severability
Any waiver of any provision contained in these Terms of Use shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. If any provision in these Terms of Use is determined to be wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid, and the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Assignment
You may not assign these Terms of Use (by operation of law or otherwise) without the prior written consent of EPTC, and any prohibited assignment will be null and void. EPTC may assign these Terms of Use or any rights hereunder without your consent.
Your Comments, Concerns, and Communications with EPTC
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:
support@easternpointservices.com.
Authorized employees or agents of EPTC may monitor and record all or portions of your telephone calls, emails, text messages, chats, and other communications with EPTC for quality control, customer service, employee 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. EPTC may also archive your communications with EPTC for regulatory and other purposes.
