EPTC Platform & Website Terms & Conditions
of the Platform (“you”) and Eastern Point Trust Company and its Affiliates and
Third Parties (jointly “Eastern Point Trust Company,” “EPTC,” “we,” or “us”).
The following terms and conditions, together with any documents they expressly
incorporate by reference, govern your access to, and use of, this Platform, all
associated or linked EPTC websites and associated trust administration and
trustee services, or related services provided by EPTC, its Affiliates, or its
Third Parties. The preceding
includes, but is not limited to, the websites www.easternpointtrust.com, www.kisstrust.com,
and any linked or affiliated websites including any content, functionality, and
services offered on or through the same (collectively, the “Platform”), whether
as a guest or a registered user.
Use constitute a binding legal agreement in consideration of, and regarding
your use of, the entire Platform. By using or accessing the Platform, you
(located at https://www.easternpointtrust.com/privacy-policy),
which is incorporated herein by this reference, and agree to be bound by them.
may have been amended from time to time.
WHICH MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE INFORMATION FULLY AND
in addition to, and not a replacement for, any other agreement you may enter
reference and made part of any other agreement you enter with EPTC or a trust
Your access to, and use of, the Platform and ongoing trust
services is conditioned upon your acceptance of, and compliance with, these
Claimants, and others who wish to access or use the Platform.
The Platform is offered and available to users who are 18
years of age or older. By using the Platform, you represent and warrant that
you are of legal age to form a binding contract with EPTC and meet all eligibility
requirements. If you do not meet all of these requirements, you must not access
or use the Platform.
By using the Platform, you agree to follow and be bound by
regulations, including but not limited to, United States Bank Secrecy Act laws,
export and re-export control laws and regulations, all federal and state copyright
and intellectual property laws, and any other federal or state regulation,
statute, administrative code, or common law.
discretion, including without limitation, by posting revised terms on its
websites at www.easternpointtrust.com (or other
affiliated websites). All changes are effective immediately when we post them
and apply to all access to, and use of, the Platform thereafter. Your continued
you accept and agree to the changes. You are expected to check this page from
time to time so you are aware of any changes, as they are binding on you. You
then you do not have permission to access the Platform, must immediately
suspend your use thereof, and must inform EPTC in writing via USPS certified
Mail within 3 days of the suspension. Notices confirming suspension and
Warrenton, VA 20188.
Accessing the Platform and Account Security
We reserve the right to withdraw or amend the Platform and
any service or material we provide on the Platform, at our sole discretion,
without notice. We will not be liable if, for any reason, all or any part of
the Platform is unavailable at any time or for any period. From time to time we
may restrict access to some parts of the Platform to users, including
You are responsible for both:
Making all arrangements necessary for you to
have access to the Platform.
Ensuring that all persons who access the
comply with them.
You may be asked to provide certain registration details or
other information to access the Platform or some of the resources it offers. It
is a condition of your use of the Platform that all information you provide on
the Platform is correct, current, and complete. You agree that all information
you provide to register with this Platform or otherwise, including, but not
limited to, through the use of any interactive features on the Platform, is
consent to all actions we take with respect to your information consistent with
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
We have the right to disable any user name, password, or
another identifier, whether chosen by you or provided by us, at any time in our
sole discretion for any or no reason, including if, in our opinion, you have
deemed act of computer trespass subject to criminal and civil enforcement, to
access the Platform, or attempt to access the Platform: (a) with a false
Internet Protocol (“IP”) address location other than the IP address of your
actual physical access location; (b) through the use of any method similar to
that of a proxy server, proxy server service, proxy redirect, IP address
masking software, or another such service, method, or software whose purpose is
to disguise or provide an IP address other than that of your physical access
location; or (c) through the use of a Fictitious User Identity and/or the
creation of a Fictitious User Account.
Important Information About Procedures for Opening
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
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,
passport(s), 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, at its sole discretion, to permanently close such Know Your
Client non-compliant trusts without notice or right of appeal.
You may use the Platform only for lawful purposes and in
In any way that violates any applicable federal,
state, local, or international law or regulation (including, without
limitation, any laws regarding the export of data or software to and from the U.S.
or other countries).
For the purpose of exploiting, harming, or
attempting to exploit or harm minors in any way by exposing them to
inappropriate content, asking for personally identifiable information, or
To send, knowingly receive, upload, download,
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
To engage in any other conduct that restricts or
inhibits anyone’s use or enjoyment of the Platform, or which, as determined by
us, may harm EPTC or users of the Platform or expose them to liability.
Additionally, you agree not to:
Use the Platform in any manner that could
disable, overburden, damage, or impair the site or interfere with any other party’s
use of the Platform, including their ability to engage in real-time activities
through the Platform.
Use any robot, spider, or another automatic
device, process, or means to access the Platform for any purpose, including
monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of
the material on the Platform, or for any other purpose not expressly authorized
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
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
All User Contributions must comply with the Content
Any User Contribution you post to the site will be
considered non-confidential and non-proprietary. By providing any User
Contribution on the Platform, you grant us and our Affiliates and service
providers, and each of their and our respective licensees, successors, and
assigns, the right to use, reproduce, modify, perform, display, distribute, and
otherwise disclose to third parties any such material for any lawful purpose.
You understand and acknowledge that you are responsible for
any User Contributions you submit or contribute. You, not EPTC, have full
responsibility for such content, including its legality, reliability, accuracy,
We are not responsible or liable to any third party for the
content or accuracy of any User Contributions posted by you or any other user
of the Platform.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions
for any or no reason at our sole discretion.
Take any action with respect to any User
Contribution that we deem necessary or appropriate at our sole discretion,
infringes any intellectual property right or another right of any person or
entity, threatens the personal safety of users of the Platform or the public,
or could create liability for EPTC.
Disclose your identity or other information
about you to any third party who claims that material posted by you violates
their rights, including their intellectual property rights or their right to
Take appropriate legal action, including without
limitation, referral to law enforcement, for any illegal or unauthorized use of
Terminate or suspend your access to all or part
of the Platform for any or no reason, including without limitation, for any
Without limiting the foregoing, we have the right to
cooperate fully with any law enforcement authorities or court order(s)
requesting or directing us to disclose the identity or other information of
anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD
HARMLESS EPTC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING
OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW
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 services, trust
administration services, self-help support software, attorney support software,
and document management systems, all of which provide self-service automated
software trust solutions. Fees charged are solely for trustee services or
licensing fees to access the self-help system, and fees are not a drafting or
document preparation fee. The content herein is provided as, and limited to,
information and descriptions of the features and benefits of our services,
products, and the requirements of the trustee when applicable.
The Platform is for informational purposes only and is not
an offer to sell, a solicitation, or an offer to buy any security or legal or
trust services. The information herein is not intended to be legal or
investment advisory advice and should not be constructed as legal or investment
advisory advice. EPTC and its Affiliates are not law firms, are not a lawyer
referral service, and do not act as your attorney or investment advisor. We are
not a substitute for the advice of an attorney or an investment advisor; as
such, we do not provide any advice, explanation, opinion, or recommendation
about possible legal rights, express any legal guidance on the matters
contained herein, nor do we provide investment advice. As appropriate, seek the
advice of an attorney if you have questions concerning legal questions,
remedies, defenses, options; or seek the advice of a licensed investment
advisor related to Trust Holdings or investments.
EPTC provides discretionary and limited-discretionary
(directed) fiduciary services as a non-depository trust company.
NO TRUSTS OFFERED BY EPTC ARE A SECURITY, FUTURE, OPTION,
OR OTHER FINANCIAL INSTRUMENT OR AN OFFER TO PROVIDE ANY INVESTMENT ADVICE OR
SERVICE(S). NOTHING HEREIN SHALL BE CONSIDERED A SOLICITATION OR OFFER TO BUY
OR SELL ANY SECURITY, FUTURE, OPTION, OR OTHER FINANCIAL INSTRUMENT OR AN OFFER
TO PROVIDE ANY INVESTMENT ADVICE OR SERVICE(S) TO ANY PERSON IN ANY
JURISDICTION. NO RESULTING TRUST IS FORMED OR OPERATED BY EPTC TO ACQUIRE A
SPECIFIC SECURITY, CREATE A SECURITY, OR TO BE OFFERED AS A SECURITY.
SECURITIES AND INSURANCE PRODUCTS THAT MAY BE HELD IN ANY TRUST ARE NOT INSURED
BY THE FDIC, NOR BY ANY OTHER FEDERAL OR STATE GOVERNMENT AGENCY, ARE NOT A
DEPOSIT OF AND ARE NOT GUARANTEED BY A BANK OR ANY BANK AFFILIATE, AND MAY LOSE
Location of Products and Services
Our services are offered only in jurisdictions where they
may be lawfully offered and are also subject to the terms of the specific
applicable agreement. NOT ALL PRODUCTS OR SERVICES ARE AVAILABLE IN ALL
JURISDICTIONS. Certain non-fiduciary ministerial services may be provided
through third parties in their respective jurisdictions.
Terms of Fiduciary Services Offer
All communications (whether by mail, by phone, through
employees, agents, the internet, or otherwise) are solely made from, and
within, the jurisdictions in which EPTC is licensed to operate and offer
fiduciary services. All orders for services require acceptance from an
authorized officer of EPTC operating within the offering jurisdiction before
they become contracts. The use of the Platform does not constitute an offer to
provide trust services beyond the borders of jurisdictions identified herein.
Applicable law provides that a trustee may, with respect to
cash, money market, bank deposits, or other trust assets, exercise the rights
of an absolute owner, including, but not limited to, the right to:
(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’s name of the trustee as common FDIC
insured bank deposits, pursuant to the terms and conditions of EPTC’s then
current Money Market Common Trust. EPTC may receive float or interest
concessions from the associated depository institutions. The Grantor(s),
Beneficiary(ies), Claimant(s) and their Parties in Interest, as defined in each
trust, acknowledge and agree to the foregoing, and waive any and all claims,
demands, conflict of interest, or rights to such compensation or interest
income that may have resulted from the operation of the funds held in common.
Further, the Grantor(s), Beneficiary(ies), Claimant(s), and their Parties in
Interest agree by utilizing EPTC services that the rate concession and float is
a Reasonably Commensurate fee to EPTC as consideration for the additional FDIC
insurance coverage that this arrangement affords.
NOTE: The beneficiary and the applicable designated person
to direct Trust Holdings can contact the trust administrator, trust officer, or
refer to the account statement in order to determine the specific manner cash
balances are deployed. The applicable designated person may direct the Trust
Holdings into other options, which includes being permitted to direct Trust
Holdings into other options which are not FDIC insured and which may lose
Unless expressly provided for in writing, these revenue
sharing amounts received by EPTC, its Affiliates, and its Third Parties shall
be in addition to the fees due to EPTC and shall not offset any other fees due
to EPTC. The Grantor(s), Beneficiary(ies), Claimant(s) and their Parties in
Interest, as defined in each trust, acknowledge and agree to the foregoing, and
waive any and all claims, demands, conflicts of interest, or rights to such
compensation or additional income that may have resulted from the operation of
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:
the creation of an investment advisory
relationship or engagement; or
the offer of any security, or the solicitation
for the purchase or sale of any security; and
We do not, and will not, make any representations
about the suitability of a Trust Holdings, and we are not, and will not be,
responsible for the suitability of your choices and directions for any trust.
The Platform is for general EDUCATIONAL purposes only. You,
under the limited powers granted to you in the trust, are entirely responsible
for making any Trust Holding decisions related to the trust. We cannot and do
not guarantee profits of any kind, nor can we protect you from losses. You
assume the entire cost and risk of any Trust Holding decision you choose to
undertake related to the Trust Holdings of your trust. Investing involves risk,
so you must always use your own best judgment when investing or seek advice
from a licensed investment advisor. We are not an investment advisory firm, and
your use of the Platform in no way constitutes a client/investment advisor
relationship. All information we communicate to you either through the
Platform, other affiliated platforms, or other forms of communications is for
general EDUCATIONAL purposes only.
WE RECOMMEND YOU SEEK A LICENSED INDIVIDUAL INVESTMENT ADVISOR
BEFORE MAKING ANY INVESTMENT, FOR YOU ARE ASSUMING THE SOLE LIABILITY FOR YOUR
INVESTMENT DECISIONS. EPTC ACTS SOLELY IN A DIRECTED CAPACITY TO COMMUNICATE
The inclusion of a supported Trust Holdings option on the
Platform is not a recommendation or investment advice, nor is it a solicitation
to buy or sell any security.
Certain Trust Holdings may have Fees or other Charges.
These fees may be imposed by the fund manager/sponsor if the asset is typically
held for less than one (1) year. As such, before selecting a Trust Holding for
your trust, always take the time to do your own research relative to the Trust
Holdings you are selecting for the trust, including but not limited to,
utilizing public data available from an investment research firm service such
as www.morningstar.com, and reading the prospectus of each asset carefully (for
example a prospectus for securities can typically be found on the website of
the respective mutual fund family.)
The net performance of your trust may be reduced by the
fees and other expenses that your trust may incur and which are disclosed
within your trust document. There is no guarantee that any particular Trust Holdings
allocation will meet your objectives or provide you with a given level of
income. Diversification does not ensure a profit or protect against a loss.
IN CONSIDERATION OF THE ADMINISTRATIVE EFFICIENCY AND THE
RESULTING LOWER COST OF TRUST ADMINISTRATION FROM WHICH YOUR TRUST BENEFITS,
YOU ACKNOWLEDGE, AGREE AND SPECIFICALLY WAIVE ANY CLAIMS THAT MAY ARISE FROM
OUR EXERCISE OF FIDUCIARY AND MINISTERIAL POWERS.
ACH Electronic Funds Transfer Authorization Form
If you so request, EPTC shall initiate, through its ODFI
banks, scheduled or periodic electronic funds transfer debits and/or credits
requested for trust additions (or when applicable, apply electronic funds
transfer credits to the same).
If your financial institution should return any such
electronic debit(s) for any reason, you authorize EPTC to collect a returned
item fee of $25.00 per item plus the associated ODFI bank fees from the
associated trust account. You also agree to be bound by the ODFI financial
institution’s rules governing such transactions.
Upon the second occurrence of an authorized funds transfer
being rejected, EPTC shall bar such Giftor from any future electronic fund
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
The publicly available portions of the Platform are
provided for educational purposes only and are not intended to provide legal,
tax, investment or financial planning advice. In using the publicly available
portions of the Platform, you agree that you are solely responsible for your
own investment research and decisions, that you will not rely on the Platform
as the primary basis for your decisions (investment, financial, legal or tax)
and, except as otherwise provided herein, EPTC will not be liable for any
actions you take based on information you receive via the Platform.
The Platform contains certain information EPTC has filed or
incorporated by reference in its reports with state and federal agencies
(collectively, the “Disclosure Materials”). EPTC expressly disclaims any duty
to update any of the information set forth in the Disclosure Materials
including, but not limited to, statements that may be considered
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, 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.
You agree to indemnify, defend, and hold EPTC harmless from
any liability, loss, claim, and expense, including attorney’s fees, related to
of Use shall affect any non-waivable statutory rights that apply to you. EPTC
reserves the right to assume the exclusive defense and control (at your
expense) of any matter that is subject to indemnification under this section.
In such case, you agree to cooperate with any reasonable requests assisting
EPTC’s defense of such matter.
Choice of Law; Jurisdiction
any dispute or claim arising therefrom or related thereto (in each case,
including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the Commonwealth of Virginia
of the United States of America without giving effect to any choice or conflict
of law provision or rule (whether of the Commonwealth of Virginia or any other
Any legal suit, action, or proceeding arising out of, or
shall be instituted exclusively in the courts of the Commonwealth of Virginia,
in each case located in Fauquier County, although we retain the right to bring
your state of residence or any other relevant state. You waive any and all
objections to the exercise of jurisdiction over you by such courts and to venue
in such courts.
Intellectual Property (Including Trade Secrets)
The Platform contains trade secrets and intellectual
property of EPTC collectively defined as “Intellectual Property.” “Intellectual
Property” is further defined as Intellectual Property owned, commissioned,
developed, or created by EPTC. Certain Intellectual Property may exist in a
combination of characteristics and components, each of which, by itself, is in
the public domain, but the unified process and operation of which, in a unique
combination, affords a competitive advantage and is a protectable secret.
The term “Intellectual Property” includes, but is not
limited to (collectively and separately): (a) Marks; (b) user interfaces
functions and design; (c) process design; (d) lists; (e) pricing information;
(f) business strategy; (g) financial information; (h) marketing and advertising
strategies; (i) sales techniques; (j) methods of conducting business; (k)
technology platforms; (l) software; (m) web sites, publications, databases, and
other content; (n) business processes material to the operation of the
business; (o) symbols; (p) artwork; (q) copyrights; (r) franchise systems; (s)
object code; (t) trading platforms; (u) trust document design and component
elements; (v) patents and patent applications (including any abandoned
applications); (w) pending trademark and service mark applications; (x) domain
names and domain name registrations; (y) all products and services currently
produced, marketed, licensed, sold or distributed by EPTC; (z) all products and
services currently under development that EPTC intends to make commercially
available within 24 months from your last use the Platform; (aa) inventions,
whether or not patentable, whether or not reduced to practice, or whether or
not yet made the subject of a pending patent application or applications; (bb)
ideas and conceptions of potentially patentable subject matter, including,
without limitation, any patent disclosures, whether or not reduced to practice
and whether or not yet made the subject of a pending Patent application or
applications; (cc) trade secrets and confidential, technical, or business
information (including ideas, formulas, compositions, designs, inventions, and
conceptions of inventions whether patentable or unpatentable and whether or not
reduced to practice); and (dd) technology (including know-how), manufacturing
and production processes and techniques, methodologies, research and
development information, drawings, specifications, designs, plans, proposals,
technical data, copyrightable works, financial, marketing and business data,
pricing and cost information, business and marketing plans, and customer and
supplier lists and information.
You agree to not, directly or indirectly:
(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).
All rights, title, interest in, and ownership of the
Intellectual Property shall remain the sole property of EPTC. Nothing in these
than as expressly provided herein for the stated purpose of evaluating EPTC and
its product(s) for your personal use.
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
disclosed, Intellectual Property to anyone without EPTC’s prior written
consent. You agree that you will not use, or permit others to use, Intellectual
Property for any purpose other than to evaluate the possible use of EPTC and
its products for personal use. You will use all necessary efforts and
safeguards to ensure that there is no disclosure, dissemination or unauthorized
use of Intellectual Property.
Use of Copyrights and Trademarks
The content of the Platform, in all of its parts, including
but not limited to the text and images and their arrangement, are the copyright
©, of EPTC 2006 – 2019. All rights reserved.
Except as otherwise provided herein, you may not copy,
upload, publish, transmit, distribute, archive, transcribe, create derivative
works from the Platform, display the Platform content, use the Platform’s
content, link, or redirect to the Platform without the prior written consent of
Copies made incidentally in the ordinary course of your use
of the Platform (such as in cache memory), and a reasonable number of printed
copies for your own internal use are permitted, provided you do not delete or
change any copyright, trademark or other notices or display to the public.
Title to all Intellectual Property rights in the Platform
and material thereon remain EPTC’s and its Affiliates or licensors. If EPTC is
made aware of any unauthorized use of its material, it may demand you
immediately remove or destroy the same from all sources. Any failure to
and you hereby explicitly agree to indemnify and hold harmless EPTC from any
damages arising therefrom, and explicitly agree to pay for all costs associated
with any legal action taken in furtherance of your removing or destroying said
material, including reasonable attorney’s fees, costs, and damages.
The following elements are owned by EPTC as copyrights,
trademarks and registered trademarks (collectively and individually “Marks”):
· The Kiss Trust Tree symbol image is a copyrighted and
· 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 protected], and
we may grant or withhold permission to use the Marks at our sole discretion. No
use is allowed unless you have express prior written permission. If permission
to use the Mark is granted, your use of the Mark must always be fully and
clearly reproduced, and you may not incorporate any of our Marks into the other
published work unless you have express prior written permission.
The first time that you use the Mark in any medium, you
must conspicuously indicate that:
“The mark is a trademark of EPTC and is being used with the
permission of Eastern Point Trust Company.”
If you use any of the other Marks in any medium, you must
also conspicuously indicate that such Marks are:
“The mark is a trademark of EPTC and is being used with the
permission of Eastern Point Trust Company.”
You must use the Marks in their entirety unless you have
express prior written permission. A trademark symbol ® or ™, as applicable,
should follow all prominent uses of the Marks. Certain types of expressions,
postings, projects, products, and packaging may require additional or different
notices. Contact us for more information and to discuss your intended use.
agreement entered into between you and EPTC constitute the entire agreement between
you and EPTC with respect to the Platform and constitute and supersede all
prior agreements, representations, and understandings, written or oral; EXCEPT
for any related trust agreement(s) that may exist. Any agreements entered into
between you and EPTC subsequent to this agreement may be incorporated into said
trust agreement at that time.
Public Statements & Non-disparagement
Without the prior written release of EPTC, you shall not,
directly or indirectly, issue any press release, or make other public
statements or announcement related to the Platform or any EPTC product, written
or oral, without the prior written consent of EPTC, except as required by law
as part of a civil or criminal legal proceeding or a court order.
You agree that you will not disparage EPTC, its officers
and management, current or former employees, and/or its shareholders. You
further agree not to relay, communicate or repeat disparaging comments from
others or cause such statements to be made by a third party or through an
anonymous persona. Disparagement includes, but is not limited to: public
writings, remarks, comments or statements (with or without malice); which are
false in nature, fact or substance; and which impugn the character, honesty,
integrity, morality or business acumen or abilities in connection with any
aspect of the operation of business of the covered individual or entity and
includes, but is not limited to, the torts of defamation, product
disparagement, insulting words, injurious falsehood and/or trade libel. Any
violation of this section shall require you to remove any such disparaging
statements immediately. You shall be liable for any loss of revenue associated
directly or indirectly with said statements and said liability shall begin from
the moment the statement is made or posted. All damages associated with said
disparaging statements shall include reasonable attorney’s fees and costs.
Regulatory Information and Legal Entities
EPTC is a non-depository trust company incorporated within
the U.S. Virgin Islands and is authorized and regulated by the Department of
Licensing and Consumer Affairs to provide Fiduciary Services and Non-Depository
The material within, and any linked material accessed via,
the Platform is directed to eligible counterparties and professional clients
only and should not be distributed to or relied upon by any retail investor.
ALL ASSETS ARE SOLELY OWNED BY THE TRUST TO WHICH THEY ARE
GIFTED. THE GRANTOR, GIFTOR OR BENEFICIARY IS NOT THE OWNER OF THE ASSETS OF
THE TRUST. Unless otherwise provided for in writing, EPTC may act solely as a
directed trustee related to communicating your instructions regarding your
Trust Holdings directions. As a directed trustee, EPTC relies exclusively on
instructions of the applicable designated person as to what Trust Holdings shall
be acquired, liquidated and held within the trust.
USA Patriot Act
Pursuant to the USA PATRIOT Act and final rules issued by
the U.S. Department of the Treasury, EPTC complies to the extent applicable
with the terms and conditions of the USA PATRIOT Act and the Dodd-Frank Act,
including, but not limited to Know Your Customer rules and Anti Money
Limitation on Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
TRUST MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES
OR WAS REPORTED VIA THE PLATFORM OR WAS OTHERWISE REPORTED OR KNOWABLE;
OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. The Grantor(s),
Beneficiary(ies), Claimant(s), and their Parties in Interest acknowledge and
agree that the information regarding the activity of the trust is readily
available herein and accessible and available at any time upon request. The
Grantor(s), Beneficiary(ies), Claimant(s), and their Parties in Interest have a
duty to monitor the activity of the trust and acknowledge and agree that any
resulting damages stemming from the failure to monitor the trust is not a
liability of the Trustee, and the
Grantor(s), Beneficiary(ies), Claimant(s) and their Parties in Interest waive
all claims against the Trustee and its Third Parties in such circumstances.
Survivability and Enforceability
any amendment hereto, shall be void if it violates federal law or the laws of
the state of jurisdiction. If a court of competent jurisdiction rules that any
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
shall not be deemed to be a waiver of any other right, term, or provision of
wholly or partially invalid, illegal or unenforceable, such provision shall be
enforced to the extent it is legal and valid, and the validity, legality, and
enforceability of the remaining provisions shall in no way be affected or
or otherwise) without the prior written consent of EPTC, and any prohibited
rights hereunder without your consent.
Your Comments, Concerns, and Communications with
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: [email protected].
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.