EPTC Platform & Website Terms & Conditions
The Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with EPTC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
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, in 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
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.
Important Information About Procedures for Opening a New Account
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What does this mean for you?
When you open an account, we will ask you for your name, address, date of birth, and other information that will allow us to identify you. We may also require you to provide copies of your driver’s license, passports, or other identifying documents. Additionally, we access government and commercial databases to verify your identity and related information.
For Know Your Client, non-compliant trusts EPTC has no other option but to suspend further transactions in such trusts. EPTC may also take a decision, in its sole discretion, to permanently close such Know Your Client non-compliant trusts without notice or right of appeal.
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 US 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 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 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.
The Platform may contain interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our Affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any lawful purpose.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and 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 in our sole discretion.
·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.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order 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.
Platform Offered for Educational Purposes Only
EPTC offers a variety of trust and trust administration services in addition to self-help and attorney support software and document management systems, 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, 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 and is not an offer to sell or a solicitation of 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; 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 nor 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 a licensed investment advisor related to investment strategies and products.
Limited Scope of Offerings
EPTC provides discretionary and limited-discretionary (directed) fiduciary services as a non-depositary 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. 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 TO ANY PERSON IN ANY JURISDICTION. NO RESULTING TRUST IS FORMED OR OPERATED BY EPTC TO ACQUIRE A SPECIFIC SECURITY, TO 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 products and services are offered only in jurisdictions where they may be lawfully offered for sale 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 solicitations and offers (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 the 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:
(a) 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
(b) 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 name of the trustee as common FDIC insured bank deposits. Such common funds, pursuant to the terms and conditions of EPTC’s then current Money Market Common Investment Trust, shall credit to the Trust (or sub-trust) the then-current “FDIC National Rate for Non-Jumbo Money Market” on cash assets held within your trust. The National Rates vary, are not a guaranteed rate of return, and may be impacted by Abnormal Interest Environments provisions. The underlying depository institutions in the common fund platform are selected by EPTC. In exchange for providing master account services to the respective depository institution and managing the overall banking network that uniquely provides up to $150 million in FDIC insurance per beneficiary for balances held in the FDIC insured money market bank platform, EPTC may receive an interest concession from the depository institutions. Specifically, EPTC and its affiliates may receive compensation from such arrangements in the form of interest rate concessions received over and above the FDIC National Rate credited to the Trust (or sub-trust.) 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 additional interest income that may have resulted from the operation of the common fund. Further, The Grantor(s), Beneficiary(ies), Claimant(s), and their Parties in Interest acknowledge and agree such additional rate compensation otherwise would not normally be commercially available to them while maintaining same business day funds liquidity. The Grantor(s), Beneficiary(ies), Claimant(s), and their Parties in Interest agree by utilizing EPTC services that the rate concession is a Reasonably Commensurate fee to EPTC as consideration for the additional FDIC insurance coverage that this arrangement affords.
NOTE: That the beneficiary and the applicable designated person to direct investments can contact the trust administrator, trust officer, or refer to the account statement in order to determine the specific manner cash balances are invested. The applicable designated person may direct investments into other investment options, which includes being permitted to direct investment balances into other short-term investments, which are not FDIC insured and which may lose value.
Unless expressly provided for in writing, any 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, conflict 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 hypothetical model portfolio for any trust, and we are not, and will not be, responsible for the suitability of a hypothetical model portfolio 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 investment decisions related to the Trust. We cannot and do not guarantee investment profits of any kind, nor can we protect you from losses. You assume the entire cost and risk of any investment decision you choose to undertake related to the investment 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, or other affiliated platforms, or other forms of communications is for general EDUCATIONAL purposes only.
WE RECOMMEND YOU SEEK INDIVIDUAL INVESTMENT ADVICE BEFORE MAKING ANY INVESTMENT, FOR YOU ARE ASSUMING THE SOLE LIABILITY FOR YOUR INVESTMENT DECISIONS. EPTC ACTS IN A DIRECTED CAPACITY ONLY AND HAS LIMITED AUTHORITY OVER THE INVESTMENTS IN YOUR TRUST. (see Hypothetical Model Portfolios and Automatic Portfolio Balancing)
The Platform Risk Tolerance or Suitable Questionnaire is intended to be merely a self-service general information tool and guide for your personal use. The information provided is not a recommendation or investment advice, nor is it a solicitation to buy or sell any security. You are free to choose any of the over 28,000 investment options available and are not limited to using a hypothetical model portfolio.
Note: The Platform Risk Tolerance or Suitable Questionnaire is not applicable for trusts that opt not to use hypothetical model portfolios.
EPTC’s owners, or its employees, may hold positions in the investments referred to on the Platform, or another affiliated platform, at any time. However, the inclusion of a referenced investment on the Platform, or other affiliated platforms, is not a recommendation or investment advice, nor is it a solicitation to buy or sell any security.
Certain mutual funds available may have Redemption Fees or Contingent Deferred Sales Charges. These fees may be imposed by the fund if the investment is typically held for less than one (1) year. As such, before selecting an investment for your trust always take the time to do your own research involving the investments 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 investment carefully (a prospectus for each fund can be found on the website of the respective mutual fund family.)
Hypothetical Model Portfolios
The illustrated hypothetical model portfolios referred to on the Platform, or other affiliated platforms, are not a security or a fund of funds. The illustrated hypothetical model’s past performance has been prepared from historical performance data believed reliable, but no representation is made as to accuracy or completeness. Backtested performance is purely hypothetical and does not reflect an actual investment in any specific client accounts. Backtesting differs from actual performance because it utilizes the retroactive application of a model that was designed with the benefit of hindsight. All investment strategies have the potential for profit or loss. Changes in additions to or distributions from your trust may materially alter the performance and results of your trust’s investment performance. Economic factors and market conditions will also affect the performance of any portfolio, and there are no assurances that it will match or outperform any particular benchmark. Index returns shown are neither reflective of actual performance nor reflect fees and expenses applicable to investing. One cannot invest directly in an index. Past performance is no assurance of future results. As such, there is no guarantee that past performance will be indicative of future results. We offer no assurances that your investment decisions or instructions will be profitable or will not be subject to losses. Illustrated hypothetical past performance results also do not reflect the deduction of applicable fees. Results indicate the reinvestment of dividends and other earnings or the timing of additions or distributions. The net performance of your trust may be reduced by the fees and other expenses that may incur within your trust. There is no guarantee that any particular asset allocation or a mix of funds will meet your investment objectives or provide you with a given level of income. Diversification does not ensure a profit or protect against a loss.
Please note carefully, that unlike an actual performance record, hypothetical model portfolios do not represent actual investing. Also, since the investments may not have been made, the results may have over or under-compensated for the impact, if any, of certain market factors and timing. Your results may have been better or worse than the hypothetical results portrayed. No representation is being made that any trust account will or is likely to achieve profits or losses similar to those shown in the illustrated hypothetical past performance.
EPTC retains an independent investment analytics research firm to create, maintain, review, and make changes to the hypothetical model portfolios related to their continuing performance and style and risk objectives. You thus agree that the underlying funds or percentage allocations associated with the implemented model portfolio may change from time to time without advance notice. The independent analytics firm has the duty to adhere to the assumptions or conditions of the hypothetical model portfolio risk tolerance and suitability goals. We express no opinion, guarantee, recommendation, solicitation, or warranty as to the construction of the hypothetical model portfolio performance or construction. The information is merely present as an educational guide for your potential use. You are not required to utilize the hypothetical model portfolios.
Nothing herein creates any investment advisory relationship between you and the independent investment analytics research firm.
While the results presented on the Platform, or other affiliated platforms, are based on certain assumptions that are believed to reflect actual market condition s, these assumptions may not include all variables that can affect or have affected in the past performance.
The hypothetical portfolio results on the Platform, or other affiliated platforms, are based on the following assumptions:
1. The hypothetical portfolio record does not include deductions for possible redemption fees.
2. The simulation assumes that the underlying market conditions are attainable. The actual execution of the investment may be different.
3. The hypothetical model portfolio results do not consider any tax implications arising from the sale or purchase of securities, which in actual investing do have an impact on gains and losses.
If you, under the powers granted to under the applicable trust, are utilizing the hypothetical model portfolios, you are doing so at your own risk. It is your responsibility to direct EPTC as to your investment instructions. We only transmit your investment decision to the custodian.
EPTC, its Affiliates, and its Third Parties may also receive compensation from the underlying investment associated with the hypothetical model portfolios providers, including, but not limited to, revenue sharing, servicing fees, 12B-1 fees or commissions in connection with other investments held in EPTC ’s common omnibus fund. Unless expressly provided for in writing, these revenue sharing amounts shall be in addition to the fees due to EPTC and shall not offset any other fees due to EPTC.
THUS, 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 THE FOLLOWING FIDUCIARY AND MINISTERIAL POWERS:
(a) UPON RECOMMENDATION OF THE INDEPENDENT INVESTMENT ANALYTICS RESEARCH FIRM MONITORING THE MODEL’S ONGOING PERFORMANCE, WE AS TRUSTEE RETAIN, AS PART OF OUR GENERAL FIDUCIARY POWER ENUMERATED WITHIN THE TRUST, THE DISCRETIONARY AUTHORITY AND RIGHT TO CHANGE UNDERLYING FUNDS OR ALLOCATION AMONG THE FUNDS COMPRISING ANY IMPLEMENTED HYPOTHETICAL MODEL PORTFOLIO FROM TIME TO TIME WITHOUT ADVANCE NOTICE, AND
(b) WE AS THE TRUSTEE, IN OUR SOLE DISCRETION, MAY REBALANCE THE HYPOTHETICAL MODEL PORTFOLIOS BASED ON THE TIMING OF OUR THEN-CURRENT ADMINISTRATIVE PROCEDURE S. (See the following Automatic Portfolio Balancing information)
(C) 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 ADDITIONAL INCOME THAT MAY HAVE RESULTED FROM THE REBALANCE CHANGE TO UNDERLYING FUNDS OR ALLOCATION AMONG THE FUNDS COMPRISING ANY IMPLEMENTED HYPOTHETICAL MODEL PORTFOLIO FROM TIME TO TIME WITHOUT ADVANCE NOTICE.
HYPOTHETICAL MODEL PORTFOLIOS ARE PRESENTED MERELY AS INSTRUCTIONAL GUIDES AND PLANNING TOOLS. HYPOTHETICAL MODEL PORTFOLIOS ARE NOT INVESTMENT ADVICE OR A RECOMMENDATION OR SOLICITATION TO BUY OR SELL ANY INVESTMENT. THE APPLICABLE DESIGNATED PERSON, NOT EPTC, HAS THE DUTY TO SELECT WHAT INVESTMENTS ARE APPROPRIATE FOR THE TRUST. USE OF A MODEL PORTFOLIO BY THE APPLICABLE DESIGNATED PERSON IS AN EXERCISE OF THE APPLICABLE DESIGNATED PERSON’S CHOICE AND DISCRETION. ILLUSTRATED HYPOTHETICAL PAST PERFORMANCE OF THE HYPOTHETICAL MODEL PORTFOLIOS IS NO GUARANTEE OF FUTURE PERFORMANCE. THE HYPOTHETICAL PORTFOLIO RESULTS DO NOT TAKE INTO ACCOUNT ANY TAX IMPLICATIONS OR COSTS ARISING FROM THE SALE OR PURCHASE OF SECURITIES, WHICH IN ACTUAL TRADING DO HAVE AN IMPACT ON GAINS AND LOSSES.
Automatic Portfolio Balancing (Auto-Rebalance)
Automatic Portfolio Balancing, commonly referred to as “Auto-Rebalance,” allows trusts to keep their accounts automatically aligned on a chosen cycle by selecting a predefined portfolio. These portfolios consist of pre-defined investment election percentages per the model. The Auto-Rebalance business activity automatically monitors the trust accounting database using settings to determine when balancing is required for each Trust in a given hypothetical model portfolio.
Auto-Rebalance occurs automatically unless otherwise provided for by mutual agreement.
Including, but not limited to hypothetical model portfolios, Auto-Rebalance shall occur following the trustee’s then-current Auto-Rebalance policy, timing, and procedures.
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 the Giftor from any future electronic fund transfers.
Through the use of the system to request electronic funds transfers, you attest that you are an authorized signer on the financial institution account associated with this request (“target account”), you agree to the terms herein; and you acknowledge, understand and approve the associated electronic funds transfer transactions.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data
The publicly available portions of the Platform are provided for educational purposes only and are not intended to provide legal, tax, investment or financial planning advice. In using the publicly available portions of the Platform, you agree that you are 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.
Links Provided to Third Party Sites
Some of the sites listed as links herein will let you leave our server and 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, OR ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, 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.
Choice of Law; Jurisdiction
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 process es 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 y et made the subject of a pending Patent application or applications; (cc) trade secrets and confidential, technical or business information (including idea s, 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:
(1) acquire, use or disclose Intellectual Property, or any element of the Intellectual Property to another person(s), or
(2) engage in acquiring, or attempting to acquire, Intellectual Property by improper means;
(3) 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).
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 – 2019. All rights reserved.
Except as otherwise provided herein, you may not copy, upload, publish, transmit, distribute archive, transcribe, create derivate works from, or display the Platform content, use the Platform content, link, or redirect to the Platform, without the prior written consent of EPTC.
Copies made incidentally in the ordinary course of your use of the Platform (such as in cache memory), and a reasonable number of printed copies for your own internal use are permitted, provided you do not delete or change any copyright, trademark or other notices or display to the public.
The following elements are owned by EPTC as copyrights, trademarks and registered trademarks (collectively and individually “Marks”):
· 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 email@example.com, and we may grant or withhold permission to use the Marks in our sole discretion. No use is allowed unless you have expressed 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 expressed 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 used by Eastern Point Trust Company 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 used by Eastern Point Trust Company 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.
Public Statements & Non-disparagement
Without the prior written release of the other Party, neither Party shall, 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 the other party, 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); and 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 include, 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 the investment of the assets of the Trust. As a directed trustee, EPTC relies exclusively on instructions of the applicable designated person as to what investments shall be purchased, sold, 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 Dodd-Frank, including, but not limited to Know Y our Customer rules and Anti Money Laundering Rules.
Limitation on Actions
Survivability and Enforceability
Any clause, provision or section of this Agreement or any amendment 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 this Agreement or any amendment shall be determined to be 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
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: firstname.lastname@example.org.
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.