This Privacy Policy is 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”). As used herein, “Third Parties” means any general partnership, limited partnership, limited liability company, corporation, joint venture, trust, business trust, investment fund or trust, or similar organization or entity controlling, controlled by, affiliated with by agreement, or under common control with EPTC, as well as the officers, managers, current and former employees, shareholders, and service providers of the preceding.
This Privacy Policy, together with any documents expressly incorporated by reference, relates to the online information collection and use practices of the website www.easternpointtrust.com and any linked or affiliated websites, including any content, functionality, or services offered on or through the same (collectively the “Platform”), whether as a guest or a registered user.
This Privacy Policy is a separate standalone contractual agreement, as such, please read the terms of this Privacy Policy and each of the other documents, including but not limited to the Terms and Conditions that separately apply to you carefully. For the purpose of clarity, this Privacy Policy does not incorporate the Terms and Conditions of this website, except as expressly set forth herein, nor do the Terms and Conditions of this website incorporate this Privacy Policy except as expressly set forth therein. Accordingly, each agreement is separate and their terms apply additively.
By using or accessing the Platform, you acknowledge that you have read this Privacy Policy and that you agree to be bound by this Privacy Policy. We may amend this Privacy Policy at any time in our sole discretion, including without limitation, by posting revised terms on the Platform. All changes are effective immediately when we post them and apply to all access to, and use of, the Platform thereafter. With each access or use of the Platform, you agree to this Privacy Policy as it may have been amended from time to time, and as such we encourage you to refer to this Privacy Policy on an ongoing basis so you are aware of any changes, as they are binding on you. You, by your access or use, acknowledge and agree that this Privacy Policy is a contract and that failing to abide by its terms is a breach of contract.
THIS PRIVACY POLICY CONTAINS BINDING WAIVERS AND DISCLOSURES WHICH MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE INFORMATION FULLY AND CAREFULLY.
This Privacy Policy is a separate legal agreement and is in addition to, and not a replacement for, any other agreement you may enter into with EPTC. Additionally, this Privacy Policy may be incorporated by reference and made part of any other agreement you enter with EPTC.
Your access to, and use of, the Platform and ongoing services is conditioned upon your acceptance of, and compliance with, this Privacy Policy. This Privacy Policy applies to all visitors, users, Beneficiaries, Claimants, and other 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.
If you disagree with any part of the current Privacy Policy, then you do not have permission to access the Platform, must immediately suspend your use thereof, and must inform us in writing, via USPS Certified Mail within three (3) days of the suspension and objection to the Privacy Policy. Notices confirming suspension and objection to the Privacy Policy must be mailed to Eastern Point Services, P.O. Box 232, Warrenton, VA 20188.
When you visit the Platform, you may provide us with two (2) types of information: (1) personally identifiable information that you knowingly choose to disclose, which is collected on an individual basis, and (2) general user information that does not contain personally identifiable information, which is collected on an aggregate basis as you utilize the Platform. In some cases, if you choose not to provide us with requested information, you may not be able to access all of the Platform’s content or services.
We may ask for certain personal information from you for the purpose of providing you with content and/or services that you request. We may retain a record of users who have contacted us in order to respond properly to questions or concerns and for purposes of future communications.
Cookies/Web server logs: similar to other websites, the Platform utilizes standard technology called “cookies” and web server logs to collect information about how the Platform is used. Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a given website. Cookies are small pieces of data that are stored by a user’s web browser on the user’s hard drive. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at the Platform, and the websites visited just before and just after access or use of the Platform. This information is collected on an aggregate basis. None of this information is associated with you as an individual.
You can, of course, disable cookies on your computer by indicating this in the preferences or options menus in your browser. However, it is possible that some parts of the Platform will not operate correctly if you disable cookies. You should consult with your browser’s provider/manufacturer if you have any questions regarding disabling cookies.
We use your personally identifiable information to provide you with the information, services, or content that you have requested and, in some cases, to contact you about our programs, products, features, or services. If you no longer wish to receive press releases or any other type of information from us, you may send us an email through the Platform’s “Contact Us” link or use our E-mail Alert form to change your preferences.
We use non-identifying information collected on the Platform in the aggregate to better understand general usage of the Platform and to enhance your enjoyment and experience. For example, we may use the information to improve the design and content of the Platform or to analyze the programs or services we offer.
We may employ other companies and individuals to perform functions on our behalf. Our employees, agents, and contractors who have access to personally identifiable information are required to protect the information in a manner that is consistent with this Privacy Policy.
We may provide access to your personally identifiable information when legally required to do so, to cooperate with investigations or other legal proceedings, to protect against misuse or unauthorized use of the Platform, to limit our legal liability and to protect our rights, or to protect the rights and safety of visitors to the Platform or the public. In those instances, the information is provided only for that limited purpose.
We will not share your personally identifiable information in ways unrelated to those described above without providing you with an opportunity to opt out of such use or otherwise prohibit such unrelated uses.
Additionally, we use services that help us to understand our visitors; for example, how visitors find our website, how long they spend on our site, which web pages they are most interested in, etc. We use such services to understand better how visitors interact with our website, troubleshoot software issues, and help us improve our site’s content, design, and functionality, resulting in a better online experience for our visitors. No personally identifiable information is collected in connection with the preceding, and we do not sell the foregoing data. Cookies and other technologies may be used to collect visit usage data and activity on our website. This data includes:
(i) Time and date of visit (this can help us to identify and plan for busy periods on our website);
(ii) IP address (this is a numerical label assigned to a device by an Internet Service Provider to enable the device to access the Internet);
(iii) Browser and Operating System (this can help us to make sure that our website functions correctly in the browsers/operating systems used to access our site);
(iv) Device Information,e.g., device type and screen size (this can help us to make sure that our website functions correctly in the devices used to access our site); and
(v) Referring Data, e.g., a search engine link (this can help us to understand which search engines are helping visitors to find our website).
Furthermore, a cookie may be placed in your browser when you visit our website. You can learn more about cookies from https://en.wikipedia.org/wiki/HTTP_cookie and refuse cookies through your system’s settings.
We will never sell the information you provide to us, nor shall we make said information available for any other commercial purpose.
Protecting children’s privacy is important to us. For that reason, we do not collect or maintain information on the Platform from those we actually know are under the age of thirteen (13), nor is any part of the Platform targeted to attract anyone under the age of thirteen (13). Should we discover that a person under the age of thirteen (13) has provided us with personally identifiable information, we will delete that individual’s personally identifiable information from our records.
Government required anti-terrorism and anti-money laundering laws require all financial institutions to obtain, verify, and record information that identifies each person creating a trust without exception. As such, your personal information may be used to verify your identity and/or the identity of the beneficiary(ies) in accordance with our Customer Identification Program, and some or all of that information may be shared with third parties, to the extent necessary to perform such tasks, and may be reported to government agencies to fulfill required government reporting.
When you open a trust account, you are required to provide at a minimum the following information: (i) name; (ii) date of birth; (iii) address; (iv) identification number(s). Identification number(s) for a U.S. citizen means a Social Security number or employer identification number. Identification number(s) for a non-U.S. citizen means a taxpayer identification number, passport number, alien identification card number, or government issued identification showing nationality, residence, and a photograph of you.
We may not be able to open an account or carry out transactions for you. If we have already opened a trust account for you, we may close it.
We take reasonable steps to maintain the security of personally identifiable information that we collect, including limiting the number of people who have physical access to our database servers, as well as installing electronic security systems that guard against unauthorized access and employing data encryption. However, no data transmission over the internet can be guaranteed to be completely secure. Accordingly, we cannot ensure or warrant the security of any information that you transmit to us, so you do so at your own risk.
From the moment you access the Portal, all communication between our servers and your computer is encrypted using AES-256 (256-bit AES) Secure Socket Layer encryption (“AES”), regularly referred to as the "gold standard" encryption technique.
We enforce password strength policies and only allow for verified secure retrieval of your user account details should you not remember your password. Once you’ve signed into the system and are running our application under AES, all the data you enter is stored on a SQL Server running NT Authentication policies. This means that only authenticated registered users can access the data.
This Platform is operated within the United States of America, its territories, and districts. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States and be subject to the laws of the United States. By using the Platform, you consent to this transfer.
The Platform may contain links to third-party sites. Please be aware that we are not responsible for the privacy practices of any third-party sites. Therefore, we encourage users to read the privacy policy of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Platform.
EPTC or you may need to electronically transmit confidential information to each other and to other entities engaged by either party. E-mail is a fast and convenient way to communicate. However, e-mail is not necessarily a secure means of communication and thus confidentiality could be compromised. You agree to the use of e-mail and other electronic methods to transmit and receive information, including confidential information, between EPTC and you and between EPTC and third-party service providers or other entities engaged by either EPTC or you, and further acknowledge and agree that the foregoing is commercially reasonable and has been fully disclosed.
Except to the degree such information regarding a client, trust or account is in the public domain, EPTC shall not divulge or indicate directly or indirectly any information regarding its clients or any other information which would confirm or deny the existence of a trust or account to a third party, including but not limited to a court for any matter unrelated to a client, trust or account, without the associated client’s express written authorization except as provided for herein.
Notwithstanding the foregoing, under these terms, EPTC may, without additional authorization by the client, divulge, to the extent necessary, such information related to (i) preparation and filing of tax reporting and payments; (ii) any federal or state government agency conducting an investigation or examination pursuant to the government agencies direct regulatory authority or oversight of EPTC or the client, trust or account; (iii) privileged communications with EPTC’s attorneys and auditors; (iv) Government required information programs; (v) the fulfillment of obligations under the Bank Secrecy Act and the Patriot Act and related rules and regulations; (vi) in defense of EPTC, but only to the extent such information is directly related to the specific client/account to which the underlying matter is related; (vii) providing information to another financial institution or party to facilitate the payment or receipt of funds; or (viii) providing information to persons authorized as the legal agent of a client, trust or account.
Additionally, EPTC may, without additional written authorization, disclose client information to the extent necessary to (i) enable affected persons or appropriate authorities to prevent the client from committing a crime or fraud; or (ii) report to governmental authorities and affected persons a crime or fraud.
Because of EPTC's commitment to client privacy as well as EPTC's duty under federal and state laws and regulations, EPTC will not provide or release to any third party any personal client, account, or trust information requested in a subpoena, discovery process, investigation, or negotiation to the maximum extent allowable under applicable law absent the unanimous written consent of all Beneficiaries prior to providing or releasing such information or documents. Additionally, EPTC will not provide or release to anyone outside EPTC any information including, but not limited to, EPTC's Foreground IP, business processes, patented materials, trade secrets, business interests, or other such proprietary information that is not relevant to the matter and/or Account in question. Finally, all costs associated with the production of said information or documents shall be borne by the requesting party and shall not, in any event, be borne by the Account and/or Us or our Affiliates.
Importantly, the Security Procedures agreed upon within each Account constitute a private operational process for each individual Account. As such, EPTC will not disclose or discuss such Security Procedures with any third party not related to such Account. As such, the Security Procedures of other Accounts are beyond the scope of discovery, subpoenas, investigations, negotiations, or other such evidence-gathering mechanisms or processes.
Notwithstanding the foregoing, EPTC will release such information as necessary to comply with final court orders.
You acknowledge and confirm that your use of the Platform is only as a server-side terminal instance via a browser and the associated code is executed on the hosting server. By accessing and using the Platform’s server, you agree to the stipulated facts as follows:
Pursuant to the foregoing, you acknowledge and agree that, by accessing and using servers located in the Commonwealth of Virginia, you have purposefully availed yourself of Virginia, and you further acknowledge and agree that your access and use occurred in the Commonwealth of Virginia and not in the jurisdiction in which you and/or your browser were operating at the time of your access or use.
The location of the servers in which the Platform is located and operates is the Commonwealth of Virginia, and your point of use is on the servers within the Commonwealth of Virginia. Accordingly, all issues and questions concerning the construction, validity, enforcement, and interpretation of this Privacy Policy, the Platform, an Account, or a transaction associated with an Account shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the Commonwealth of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia. 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 this Privacy Policy, the Platform, an Account, or a transaction associated with an Account, 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 this Privacy Policy.
Further, to the maximum extent allowable by applicable law, 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 this Privacy Policy, the Platform, an Account, or a transaction associated with an Account.
For the purpose of clarity and without limiting the preceding, in the event you are a party to an executed trust agreement or escrow account for which we serve as Trustee, Trust Administrator, or Escrow Agent, as the case may be, any dispute related thereto shall be resolved per the terms therein.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS PRIVACY POLICY, THE PLATFORM, AN ACCOUNT, OR A TRANSACTION ASSOCIATED WITH AN ACCOUNT MUST BE PROPERLY COMMENCED PER THE TERMS OF THIS PRIVACY POLICY WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES OR SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. IN ADDITION TO THE OTHER LIMITATIONS PROVIDED HEREIN, IF YOU OR ANY PARTY IN INTEREST HAS A CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATED TO THIS PRIVACY POLICY, THE PLATFORM, AN ACCOUNT, OR A TRANSACTION ASSOCIATED WITH AN ACCOUNT AND FAIL TO BRING SUCH CAUSE OF ACTION OR CLAIM WITHIN SIX (6) MONTHS AFTER SUCH CAUSE OF ACTION OR CLAIM ACCRUES, YOU AND ANY PARTY IN INTEREST ASSOCIATED WITH SUCH CLAIM OR CAUSE OF ACTION ARE BARRED FROM ISSUING ANY SUBPOENAS OR OTHER DISCOVERY REQUESTS UPON EPTC.
You and the Parties in Interest agree that any subpoena is inherently invasive and disruptive to ordinary business conduct and as such any subpoena should provide for a reasonable time frame for response. Accordingly, the Parties in Interest Agree as follows:
(i) No subpoena shall have a responsive time frame less than ninety (90) business days from the date of proper service.
(ii) Said ninety (90) business days responsive time frame shall be stayed until the associated parties have engaged in at least three (3) good faith formal meetings to limit the scope of the request to only the information directly related to the pleadings.
(iii) For the purposes herein, “significant expense” means all direct and indirect expenses related to responding to the request or pursuing a motion to quash which are expected to exceed five thousand dollars ($5,000). The foregoing shall also include all costs from third persons and internal staff time expended and lost from other business activity. In the event a request is not related to litigation for which we are not a party, then “significant expense” is defined as one thousand dollars ($1,000). For purposes of clarity, a “significant expense” shall also include any third-person service providers necessary for compliance with the relevant subpoena.
Additionally, the Parties in Interest agree document formats such as PDF contain Metadata and layers which can compromise the security of documents, even when redacted. To preserve privacy, all production shall occur solely in TIFF formatted documents.
The Parties in Interest further acknowledge and agree that they have waived the right to bring any action in, or remove any action to, Federal Court. As such, the Federal Rules of Civil Procedure do not apply; to the extent a provision herein differs from any such rules, the applicable provisions of this agreement shall have supremacy and apply exclusively.
The Parties in Interest agree that frivolous actions are improper and a breach of the associated agreements with EPTC. Accordingly, the Parties in Interest irrevocably agree that upon EPTC establishing, beyond a reasonable doubt, a single false or fictitious claim, pleading, assertion, or count in any element of any pleading, such pleading shall be deemed as “frivolous” in its entirety and the Parties in Interest shall permanently and fully waive their right to issue any subpoena or any other form of discovery against EPTC related to said pleading.
You and all Parties in Interest agree that if You issue a subpoena, You, as the subpoenaing party, are responsible for costs incurred by EPTC in responding to a subpoena, as follows:
Witness Fees in Civil Case
If the witness is required to personally appear through a subpoena in a civil action, the witness is entitled to all normal allowable fees under28 U.S. Code § 1821, including mileage actually traveled at the IRS' standard mileage prevailing rate, and any additional costs incurred.
Witness Fees in Criminal Cases
When a witness is required to personally appear in a criminal case, the witness is entitled to any fees normally paid by that court.
Fees For Production of Business Records
In response to a subpoena duces tecum, EPTC and its Affiliates are entitled to all reasonable costs incurred for producing business records, other than such information and documents otherwise available or previously provided to You in the ordinary operation of any Account in question.
"Expenses" include but are not limited to those costs resulting, directly or indirectly from compliance with the Subpoena.This includes costs incurred in searching for and collecting documents for responsiveness, reviewing documents for privileges, ensuring compliance with laws and regulations such as HIPPA, ensuring compliance with this Privacy Policy, ensuring compliance with other applicable contractual requirements, and preparing document production.
"Reasonable costs" include, but are not limited to:
(i) Reasonable staff and professional time to (1) research, (2) review document relevance, (3)notice impacted parties, (4) prepare, (5) distribute and execute impacted party waivers, and (6) all other direct and indirect costs incurred in addressing the subpoena and preparing responses and responsive production. The preceding is to be billed at the EPTC Extraordinary Fees rates, as shown on www.easternpointtrust.com then in effect on the day of the receipt of full and proper service of the . In addition to the foregoing, and without limitation or conflict, “Reasonable costs” include all actual costs, if any, charged by a “third-person” for retrieval, preparation, review, and return of records held by such third person. For the purpose of this provision “third person”means a person or entity other than Eastern Point Trust Company proper;
(ii) One Dollar($1.00) per page for standard reproduction of documents of a size, 8-1/2 x 14inches or less;
(iii) Two Dollars($2.00) per page for document images;
(iv) The cost applying to the Bates Stamp process;
(v) Actual costs for the reproduction of oversized documents or the reproduction of documents requiring special processing which are made in response to a subpoena;
(vi) Actual costs for the redacting documents or the reproduction of redacted documents requiring special processing or redaction which are made in response to a subpoena;
(vii) Actual costs, if any, charged to EPTC by a “third person” for the retrieval and return of records held by that “third person”;
(viii) The custodian is not allowed to charge for all costs of retrieving data;
The requestor is required to make a deposit of 100% of the estimated costs in the IOLTA account of EPTC’s representative law firm within thirty (30) business days of the request and prior to delivery of the records. Until such payment is made, we are under no obligation to deliver the records and the delivery date of the subpoena is stayed. If said estimate is found to be lacking, EPTC shall notify requestor of the updated estimate and the requestor shall be required to make a deposit of 100% of the updated estimated costs in the IOLTA account of EPTC’s representative law firm within thirty (30) business days of the request and prior to delivery of the records. Until such payment is made, we are under no obligation to deliver the records and the delivery date of the subpoena is stayed. Upon the production of responsive documents, if any, the unused funds held in the IOLTA as described herein shall be returned to the requestor within ten (10) business days.
If the requesting party demands it, EPTC must furnish within forty-five (45) business days a general statement describing the scope of the actions taken to justify the costs.
If a subpoena is subsequently withdrawn, quashed, or modified by a party other than Us, We are entitled to reimbursement for all costs incurred up to the time the We are notified of such an action.
The Parties in Interest additionally agree that the foregoing "Subpoena" provision is commercially reasonable as it reduces the cost of litigation and complies with the Quiet Enjoyment provisions of the associated agreements.
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 THERETO, AND ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHETHER CAUSE BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS PRIVACY POLICY OR TO YOUR USE OF THE PLATFORM (INCLUDING WITHOUT LIMITATION ANY WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU (OR YOUR AGENT/ATTORNEY AS THE CASE MAY BE) TO EPTC DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO THE ALLEGED LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
FURTHER, YOU AGREE THAT IN ANY DISPUTE RESOLUTION VENUE, INCLUDING A COURT OF LAW, OR ANY CLAIM OR CONTROVERSY BETWEEN OR AMONG YOU AND US OR OUR AFFILIATES, THAT MAY ARISE OUR OF OR BE IN ANY WAY CONNECTED WITH THIS PRIVACY POLICY OR YOUR USE OF THE PLATFORM OR OTHER ASSOCIATED OR LINKED WEBSITES, YOU SHALL NOT HAVE THE REMEDY OF, AND EPTC SHALL NOT BE LIABLE FOR, INCIDENTAL, SPECIAL, INDIRECT, COVER, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUE, PROFIT, SAVINGS OR BUSINESS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOOD WILL, OR LOSS OF DATA. YOU HEREBY EXPRESSLY WAIVE ANY RIGHT OR CLAIM TO INCIDENTAL, SPECIAL, INDIRECT, COVER, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF REVENUE, PROFIT, SAVINGS, OR BUSINESS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOOD WILL, LOSS OF DATA, OR ANY OTHER DAMAGES YOU MAY HAVE OR WHICH MAY ARISE IN THE FUTURE IN CONNECTION WITH ANY SUCH PROCEEDING, CLAIM, OR CONTROVERSY, WHETHER THE SAME IS RESOLVED BY ARBITRATION, MEDIATION, OR OTHERWISE.
ACCORDINGLY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EPTC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) USE OF THE PLATFORM, DOCUMENTATION OR SERVICES; (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, DOCUMENTATION, OR RELATED SERVICES; (IV) ANY UNAUTHORIZED COMMUNICATION TO EPTC, ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, DOCUMENTATION, OR SERVICES BY ANY THIRD PARTY; (VII) ANY LOSS ARISING FORM THE PLATFORM, DOCUMENTATION, OR RELATED SERVICES; (VIII)ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, DOCUMENTATION, OR RELATED SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (IX) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS.
Any and all disputes arising out of, or relating to, this Privacy Policy, the Platform, an Account, or a transaction associated with an Account including any alleged breach or any other theory of recovery or claim, at law, in equity, or by statute, which You now have or which may hereafter accrue or otherwise be acquired or asserted on account of, or may in any way grow out of, this Privacy Policy, the Platform, an Account, or a transaction associated with an Account or any alleged breach thereof shall be resolved with the procedures provided for in the Terms and Conditions.
You understand that, absent the Dispute Resolution provision of this Privacy Policy, you would have the right to sue in court and have a jury trial, and you acknowledge and agree that you have knowingly waived your right to sue in court and have a jury trial.
You further acknowledge and agree that, consistent with the preceding, any dispute resolution shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that the alternative dispute resolution process can proceed on a class basis, then the alternative dispute resolution process set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to the alternative dispute resolution provision.
As used herein, “Good Faith” refers to an action or decision (or lack thereof) that meets any one or more of the following criteria:
Any action or inaction not made in Good Faith by one person or entity shall not be attributed to any other person or entity.
BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT ALL PROVISIONS OF THIS PRIVACY POLICY, INCLUDING BUT NOT LIMITED TO THE LIMITATION OF LIABILITY, INDEMNIFICATION, CHOICE OF LAW, JURISDICTION, SUBPOENAS, AND DISPUTE RESOLUTION PROVISIONS, AND ANY OTHER PROVISIONS AND AGREEMENTS INCORPORATED HEREIN BY REFERENCE ARE MATERIAL TERMS AND THAT ABSENT SAID PROVISIONS, EPTC WOULD NOT AUTHORIZE ANY ACCESS TO, OR USE OF, THE PLATFORM OR ANY SERVICES ASSOCIATED THEREWITH. ADDITIONALLY, BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT ALL PROVISIONS HEREIN ARE COMMERCIALLY REASONABLE, FULLY DISCLOSED, AND CONSISTENT WITH THE PURPOSES OF THE PLATFORM AND THIS PRIVACY POLICY. ACCORDINGLY, AND PURSUANT TO THE FOREGOING, BY ACCESSING OR USING THE PLATFORM, YOU WAIVE ANY AND ALL OBJECTIONS TO THE PRECEDING AND AGREE TO BE BARRED FORM ANY AND ALL ACTIONS DISPUTING THE APPLICABILITY, ENFORCEABILITY, OR EFFECT OF THE PROVISIONS OF THIS PRIVACY POLICY.
You recognize that this Privacy Policy 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 Privacy Policy, 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 this Privacy Policy against the drafting party has no application and is expressly waived.
Any clause, provision, or section of this Privacy Policy, or any amendment hereto, shall be void if it violates federal law or the laws of the applicable state of jurisdiction. If, pursuant to the terms herein, a mediator, arbitrator, or court of competent jurisdiction rules that any clause, provision, or section of this Privacy Policy, 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, and the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby. The provisions of this Privacy Policy shall survive any termination of your use of the Platform, related services, or information we supply.
Our failure or delay in exercising any of Our rights, remedies, powers, or privileges hereunder shall not be construed as a waiver of Our rights, remedies, powers, or privileges hereunder except if so established by an executed written instrument approved by the Board of Directors. Further, any failure or delay in exercising any of Our rights, remedies, powers, or privileges hereunder shall not be deemed as Our (i) acquiescence to any default or event of default or (ii) breach of any of the terms herein. Likewise, no past or future failure to exercise, nor any delay in exercising, on Our part of any right, remedy, power, or privilege hereunder or under the other applicable documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers, and privileges herein are cumulative, may be exercised singularly or concurrently, and are not exclusive of any rights, remedies, and privileges provided by law or by this Agreement or other agreement. For clarity, a properly executed waiver or partial waiver by Us pursuant to the terms of this Section of any right or remedy hereunder shall not be construed as a bar or waiver to any right or remedy We would otherwise have on any future occasion. Moreover, in all circumstances, we shall retain the unfettered right to enforce such rights at any time and take any and all such action(s) as might be lawful or authorized hereunder, either in law or equity, including barring the actions of others based on a claim or theory of waiver, breach, or default. Finally, We reserve the right to rescind Our waiver and pursue enforcement of the previously-waived rights, remedies, powers, or privileges hereunder.
