Terms & Conditions
Eastern Point Trust Company provides 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.
Please read these terms and conditions carefully. This is a binding contractual agreement regarding your use of www.easternpointtrust.com and www.kisstrust.com.
These terms and conditions are a separate legal agreement and are in addition to, and not a replacement for any other agreement you may enter into with Eastern Point Trust Company. However, these terms and conditions may be incorporated by reference and made part of any other agreement you enter into with Eastern Point Trust Company.
Eastern Point Trust Company ("Eastern Point," “EPTC,” "we," "us," or "our") is the owner of this website www.easternpointtrust.com and www.kisstrust.com (the "site[s]").
You (“user,” “you” or “your”) are the user of the www.easternpointtrust.com website and the www.kisstrust.com website.
The term “agreement” shall mean and be used interchangeably to refer to these terms and conditions, et al.
EPTC may amend these Terms and Conditions at any time, including without limitation by posting revised terms on its website at the URL www.easternpointtrust.com/terms-and-conditions, or www.kisstrust.com/terms.htm which amended terms and conditions shall be binding upon you.
This Agreement benefits and binds you and Eastern Point Trust Company “Parties” and their successors and assigns.
Eastern Point Trust Company 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 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.
This website 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. Eastern Point Trust Company and its affiliated companies 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.
Terms of 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 Eastern Point 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 Site(s) does not constitute an offer to provide trust services beyond the borders of jurisdictions noted 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.
(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, unless otherwise disclosed in writing or provided for in the Trust document, shall credit to the Trust (or sub-trust) the then current “FDIC National Rate for Jumbo Money Market” on cash assets held over $99,999 and the “FDIC National Rate for Non-Jumbo Money Market” on cash assets held under $100,000. The National Rates vary and are not a guaranteed rate of return. 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 applicable FDIC National Rate credited to the Trust (or sub-trust.) The Grantor(s), Beneficiary(ies), Claimant(s) and their Third Parties, 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 Third Parties 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 Third Parties 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.
EPTC, its Affiliates, and Third Parties may also receive compensation from Permitted Asset 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.
Not Investment Advice
The www.easternpointtrust.com website and the www.kisstrust.com website, or other affiliated websites, is intended to be a self-service trust creation and management platform. Therefore, we are not your investment advisor and, the use of the www.easternpointtrust.com website and the www.kisstrust.com website, or other affiliated websites, does not constitute any investment advisor relationship or engagement. As such, we provide no advice or recommendations related to your investment’s choices, the suitability of any investment, or the prudence of your risk tolerance. The content presented herein is not:
• investment advice; or
• the creation of an investment advisory relationship or engagement;
• 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 model portfolio for any trust; and we are not, and will not be, responsible for the suitability of a model portfolio for any trust.
The www.easternpointtrust.com website and the www.kisstrust.com website, or other affiliated websites, is for general informational 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 this Web site in no way constitutes a client/investment advisor relationship. All information we communicate to you either through our the www.easternpointtrust.com website and the www.kisstrust.com website, or other affiliated websites, or other forms of communications is purely for general informational 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 www.easternpointtrust.com website and the www.kisstrust.com website, or other affiliated websites, 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 web-based Risk Tolerance or Suitable Questionnaire is not applicable for trusts who opt not to use hypothetical model portfolios.
EPTC’s owners, or its employees, may hold positions in the investments referred to on the www.easternpointtrust.com website and the www.kisstrust.com website, or other affiliated websites, at any time. However, the inclusion of a referenced investment on the www.easternpointtrust.com website, and the www.kisstrust.com website, or other affiliated websites, 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 www.easternpointtrust.com website and the www.kisstrust.com website, or other affiliated websites, 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 not 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.
We have retained 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 informational 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 www.easternpointtrust.com website and the www.kisstrust.com website, or other affiliated websites, are based on certain assumptions that are believed to reflect actual market conditions, these assumptions may not include all variables that can affect, or have affected in the past performance.
The hypothetical portfolio results on this www.easternpointtrust.com website and the www.kisstrust.com website, or other affiliated websites, 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 take into account 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 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 EFFICIENTLY 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 THE RECOMMENDATION FROM 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 MODEL PORTFOLIO FROM TIME TO TIME WITHOUT ADVANCE NOTICE, AND
(b) WE AS THE TRUSTEE, IN OUR SOLE DISCRETION, MAY REBALANCE THE MODEL PORTFOLIOS BASED ON THE TIMING OF OUR THEN CURRENT ADMINISTRATIVE PROCEDURES. (See the following Automatic Portfolio Balancing information)
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 model portfolio.
Automatic Rebalancing may involve both realignment and a change to the investment models underlying funds.
Auto-Rebalance occurs, unless otherwise provided for by mutual agreement.
Including, but not limited to model portfolios, Auto-Rebalance shall occur following the trustee’s then current Auto-Rebalance policy, timing and procedures.
These Terms and Conditions constitute(s) the entire Agreement between the user and Eastern Point Trust Company with respect to its subject matter and constitutes and supersedes 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.
Neither EPTC nor any of its subsidiaries make any representation about the suitability of the content of the site(s) for any purpose. All content is provided "as is" without any warranty of any kind, either express or implied. We disclaim any warranties and representations with regard to the content, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We shall not be subject to any obligations of confidentiality regarding information submitted through the Site(s) or any page hereof except as otherwise agreed to by EPTC, in writing, with the person(s) or entity(ies) having a direct relationship with us or as otherwise required by law.
Although we attempt to keep the information on the Site(s) accurate, complete, and current, we do not warrant that the content herein is correct, complete, or current. We do not commit to update the content herein. It is your responsibility to verify any information before relying on it. The content of the Site(s) may include technical inaccuracies or typographical errors. From time to time changes are made to the content herein. We may make changes in the products and/or the services described herein at any time. 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.
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 MENTIONED HEREIN ARE AVAILABLE IN ALL JURISDICTIONS. Certain non-fiduciary ministerial services may be provided from and by third parties and in their respective jurisdictions.
EPTC and its subsidiaries are equal opportunity employers.
To the extent that the Site(s) 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.
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 Your Customer rules and Anti Money Laundering Rules.
Limitation of Liability
EPTC, its subsidiaries or affiliates will not be liable under any circumstances for any damages or injuries, including but not limited to those caused by any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or system failure. In no event shall EPTC or any of its subsidiaries be liable for any special, indirect, incidental, or consequential damages or any damages whatsoever, including but not limited to loss of use, data, or profits, arising out of or relating to the use of the Site(s) or the copying or display of information accessed through the Site(s), whether or not EPTC or any subsidiary was advised of or aware of the possibility of such damages. The preceding disclaimer of liability is effective without regard to the form of any action, including but not limited to contract, negligence, tort, strict liability or any other theory. Without limiting the foregoing, EPTC and its subsidiaries or affiliates shall not be liable for any losses or damages incurred as a result of any information or confidential information submitted to it through the Site(s) or any page hereof or for its transmission of information or confidential information to any person(s) or entity(ies) as a result of a request for such transmission reasonably believed by EPTC or its subsidiaries or affiliates to have been made by such person or entity. The above limitations or exclusions may not apply to you to the extent that applicable law does not allow the limitation or exclusion of liability for incidental or consequential damages.
Links to Third Party Sites
Some of the sites listed as links herein will let you leave our server and are not under our control. Access to any other Internet site linked to EPTC’s web sites 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.
You acknowledge and agree that these Terms and Conditions, at the sole discretion of EPTC, shall be governed and interpreted pursuant to the laws of the US Virgin Islands, United States of America, or such other state law of applicable to the geographic location of the EPTC affiliate which the subject, breach or tort occurred, notwithstanding any principles of conflicts of law.
However, once the court of jurisdiction has been determined and established by EPTC, said state court shall have exclusive jurisdiction over any cause of action arising out of or related to the content or use of the Site(s).
Any action arising out of a breach of this Agreement or related tort shall be enforceable by injunctive relief as well as compensatory and punitive damages to the fullest extent of the law.
You further agree to indemnify, defend, and hold EPTC and its affiliates and their directors, managers, officers, shareholders, employees, agents, subsidiaries, successors and assigns harmless, from and against any claims, losses, damages and expenses, including reasonable attorneys’ fees, resulting from your breach or alleged breach of the terms of this Agreement, regardless of the form of action.
You, the user, specifically waive all rights to challenge, object, file motions or plead for removal of jurisdiction and agree to the governing law and jurisdiction as selected by EPTC in its sole discretion. The jurisdiction and choice of law for any civil claims resulting from computer crimes or computer trespass, accomplished or attempted, shall be the state court of jurisdiction within the location of EPTC’s impacted server or computer network location.
In the event of any violation or breach of these Terms and Conditions, EPTC reserves all rights to seek claims and damage awards to the fullest extent allowable under the applicable law.
Copyright, Service Marks, and Trademarks—No Use Allowed
The content of the Site(s), in all of their parts, including but not limited to the text and images and their arrangement, are the copyright ©, of EPTC 2006 – 2019. All rights reserved.
Trademarks and Registered Trademarks of EPTC may not be used without the prior written consent of EPTC. You may not copy, archive, transcribe, display the content, use the content, link, or redirect to the Site(s), without the prior written consent of EPTC.
You may not copy the material on the Site(s), upload, post, publish, transmit or distribute it in any way (whether electronically or otherwise) or create other works based on it, without our prior written consent. Copies made incidentally in the ordinary course of your use of the Site(s) (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 material on the Site(s) remains EPTC’s and its affiliates or licensors. If EPTC is made aware of any purposeful or inadvertent use of its material, it may demand its immediate removal or destruction from any form it has been used. Any failure to immediately remove or destroy such material may constitute a cause of action whereby you explicitly agree to indemnify EPTC from any damages associated therewith and shall 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® ©
Sleeping Trust ™ ©
Kiss Trust Memorial Trust ™ ©
Trusts Made ~ Flexible, Affordable and Secure ™ ©
Any use of the Marks is required to comply with these Terms and Conditions, and EPTC disclaims and prohibits any “Use” without prior written authorization.
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 ______ <<Insert the name of your organization>> 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
“Trademarks of Eastern Point Trust Company and are used by <<Insert the name of your organization>> with the permission of Eastern Point Trust Company.”
You must use the Marks in their entirety unless you have expressed 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.
You agree to indemnify, defend and hold harmless EPTC, its directors, officers, employees, agents and representatives from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms and Conditions and (ii) your activities in connection with the use of our Marks.
By accessing and using the Marks, you agree to abide by the terms and conditions set forth above. EPTC reserves the right at any time and without advance notice, to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time, and any such change will be effective immediately. Your use of the site after any changes to these Terms and Conditions are posted constitutes your acceptance of those changes.
You may not copy the material on the Site(s), upload, post, publish, transmit or distribute it in any way (whether electronically or otherwise) or create other works based on it, without the prior written consent of an authorized agent of EPTC. Title to all intellectual property rights in the material on the Site(s) remains in EPTC and its affiliates or licensors.
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 funds 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.
Waiver of 47 U.S. Code § 230
BY USING EPTC’S SERVICES OR ACCESSING THE WWW.EASTERNPOINTTRUST.COM WEBSITE, OR APPLICATIONS (BEYOND ACCESSING THE WWW.EASTERNPOINTTRUST.COM HOME PAGE AND THESE TERMS AND CONDITIONS), OR ACCESSING THE WWW.KISSTRUST.COM WEBSITE OR APPLICATIONS (BEYOND ACCESSING THE WWW.EASTERNPOINTTRUST.COM HOME PAGE AND THESE TERMS AND CONDITIONS)YOU ACKNOWLEDGE THAT YOU HAVE WAIVED, BY PROMISSORY ESTOPPEL, ALL RIGHTS, CLAIMS, AFFIRMATIVE DEFENSES AND ALL OTHER DEFENSES BASED ON, OR UNDER, 47 U.S. CODE § 230. FURTHER, YOU AGREE AND STIPULATE THAT BY YOUR USE OF THE CONTENT OF THE SITE(S) OR MARKS YOU ARE AN “INFORMATION CONTENT PROVIDER,” AS DEFINED BY 47 U.S. CODE § 230, AND ADDITIONALLY WAIVE ALL CLAIMS, DEFENSES, AND RIGHTS BASED ON BEING A “PROVIDER OF INTERACTIVE COMPUTER SERVICE.”
Each subsequent use of the Site(s) reaffirms and codifies your acceptance of these Terms and Conditions.
You further agree that the Terms and Conditions in effect at the time of each subsequent visit supersede and amend any prior agreement in effect and that all acts by you shall be governed by the Terms and Conditions in effect.
If any part or parts of these Terms and Conditions is unlawful, void, or unenforceable, that part or parts will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
The Site(s) also contains certain information EPTC has filed or incorporated by reference in its reports with the State and Federal agencies (such information, 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.
Both you and EPTC shall hold all information regarding your use of the Site(s) private. 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 Site(s) 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 that you will not 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 USVI 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 Site(s) 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 acts 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.
MODEL PORTFOLIOS ARE PRESENTED MERELY AS INSTRUCTIONAL GUIDES AND PLANNING TOOLS. THE MODEL PORTFOLIOS ARE NOT INVESTMENT ADVICE OR AN 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 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.
Right to Refuse
YOU ACKNOWLEDGE THAT EASTERN POINT TRUST COMPANY RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AND TO CANCEL ACCESS AT ANY TIME. IMPROPER ACCESS OR ATTEMPTED IMPROPER ACCESS OR IMPROPER ATTEMPTED ACCESS SHALL BE DEEMED AS AN ACT OF “COMPUTER TRESPASS” SUBJECT TO BOTH CIVIL AND CRIMINAL PROSECUTION.
You agree that breach of these Terms and Conditions may cause ongoing and irreparable damages. As such, you acknowledge and agree that EPTC reserves the discretionary right to have immediately removed, upon written demand, any content, regardless of its location, you have directly or indirectly, published, posted, disclosed or made accessible to the public which EPTC in its sole discretion deems a breach of these Terms and Conditions. You further agree and stipulate that such an event is a violation of the Digital Millennium Copyright Act (DMCA) and that all third parties, including the Internet Service Provider and hosting provider of the content provider, shall remove all such content immediately upon notice from EPTC and such notice shall be deemed as your instruction and approval to remedy the breach by removal of the related content. Such removal shall not discharge you from any claim that EPTC may otherwise have a right to bring under this Agreement.
The Grantor(s), Beneficiary(ies), Claimant(s) and their Third Parties acknowledge and agree that subject to the provisions of the laws of the Principal Place of Administration any action in relation to an alleged breach of this Trust or any other action against the Trustee or its Third Parties shall be commenced within six (6) months from the date the Trustee sent a report that disclosed the breach occurring, without regard to the date the breach is discovered. Any action not brought within that six (6) months’ time period shall be barred, without regard to any other limitation period set forth by law or statute. The Grantor(s), Beneficiary(ies), Claimant(s) and their Third Parties 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), The Grantor(s), Beneficiary(ies), Claimant(s) and their Third Parties have a duty to monitor the activity of the Trust and: (i) any resulting damages stemming from the failure to monitor the Trust is not a liability of the Trustee; and (ii) the Grantor(s), Beneficiary(ies), Claimant(s) and their Third Parties waive all claims against the Trustee and its Third Parties in such circumstances.
By using EPTC’s services or by accessing the WWW.EASTERNPOINTTRUST.COM website (beyond accessing the WWW.EASTERNPOINTTRUST.COM home page and these terms and conditions) or the WWW.KISSTRUST.COM (beyond accessing the WWW.KISSTRUST.COM home page and these terms and conditions) you acknowledge that you have, by Promissory Estoppel, waived all rights, claims, affirmative defenses and all other defenses based on, or under, all forms of Qualified Privilege, including but not limited to, Common Interest Privilege, Fair Report Privilege, Neutral Reportage Privilege, Opinion Privilege, No Publication Privilege, Consent Privilege and so-called “fair use” rights regarding the use of any of the Marks and/or content herein. You further agree and stipulate that by your use of the content of the Site(s) or Marks you are an “information content provider”, as defined by 47 U.S. Code § 230, and additionally, you waive all claims, defenses, and rights related to being a “provider of interactive computer service”.
Intellectual Property (Including Trade Secrets)
The Site(s) 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 (collectively and separately):
• “Marks” (as defined herein),
• User interfaces functions and design,
• Process design,
• Pricing information,
• Business strategy,
• Financial information,
• Marketing and advertising strategies,
• Sales techniques,
• Methods of conducting business,
• Technology platforms,
• Web sites, publications, databases, and other content,
• Business processes material to the operation of the business,
• Trademarks and copyrights,
• Franchise systems,
• Object codes,
• Investment Platforms,
• Trading Platforms,
• Trust document design and component elements,
• Patents and patent applications including any abandoned applications,
• Pending trademark and service mark applications,
• Domain names and domain name registrations.
• All products and services currently produced, marketed, licensed, sold or distributed by EPTC.
• All products and services currently under development that EPTC intends to make commercially available within 24 months from your last use the Site(s).
• 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,
• 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,
• 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),
• 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 further agree to not, directly or indirectly:
(a) Acquire, use or disclose Intellectual Property, or any element of our Intellectual Property to another person(s), or
(b) Engage in acquiring, or attempting to acquire, Intellectual Property by improper means; improper use of the website, 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 and right of EPTC. Nothing in these Terms and Conditions conveys any right or license to use Intellectual Property other than for the stated purpose of evaluating EPTC and its product for your personal use. You acknowledge and agree that nothing in this Agreement shall be construed as granting any rights, license or otherwise, to disclose or use Intellectual Property and you waive rights, claims and defenses based on, or under all forms of Qualified Privilege, including but not limited to; Common Interest Privilege, Fair Report Privilege, Neutral Reportage Privilege, Opinion Privilege, No Publication Privilege, Consent Privilege and so-called “fair use” rights regarding the use of any of the Marks and / or Intellectual Property.
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 and Conditions, 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 information for any purpose other than to evaluate the possible use of EPTC and its products for your own personal use. You will use all necessary efforts and safeguards to ensure that there is no disclosure, dissemination or unauthorized use of Intellectual Property.
The Site(s) contains the Intellectual Property of EPTC. It is a violation and breach of these Terms and Conditions, and a deemed act of Computer Trespass subject to criminal and civil enforcement, to attempt to “reverse engineer” any Intellectual Property.
Proxy Server Access, Fictitious User Identity and Fictitious Accounts Not Allowed
It is a violation and breach of these Terms and Conditions, and a deemed act of Computer Trespass subject to criminal and civil enforcement, to access the Site(s), or attempt to access the Site(s) and use a false Internet Protocol (“IP”) address location other than the IP address of your actual physical access location. Any method similar to that of a Proxy Server, or 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 is a violation and breach of these Terms and Conditions.
It is a violation and breach of these Terms and Conditions, and a deemed act of Computer Trespass subject to criminal and civil enforcement, to access the Site(s), or to attempt to access the Site(s), by use of a Fictitious User Identity and/or the creation of a Fictitious User Account.
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.
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 this means 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 ask to see your driver’s license, passports or other identifying documents. Additionally, we access government and commercial databases to verify your identity and related information. For KYC 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 KYC non-compliant trusts.