EPTC Platform & Website Terms & Conditions

Acknowledgment and Acceptance of Terms of Use

These terms of use are entered into by and between the user of the Platform (“You”) and Eastern Point Trust Company and its Affliates 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, which includes but is not limited to the websites www.easternpointtrust.com and www.kisstrust.com and any link ed or affiliated websites including any content, functionality, and servic es offered on or through the same (collectively, the Platform”), whether as a guest or a registered user.

Please read these Terms of Use carefully. These Terms of Use constitute a binding legal agreement, in consideration of, and regarding your use of the entire Platform.By using or accessing the Platfo rm, you acknowledge that you have read these Terms of Use and our Privacy Policy (located at https://www.easternpointtrust.com/privacy-policy/), incorporated by reference, and agree to be bound by them. With each ongoing access or use of the Platform, you a gree to these Terms of Use as they may have been amended from time to time.

THESE TERMS OF USE CONTAIN BINDING WAIVERS AND DISCLOSURES, WHICH MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE INFORMATION FULLY AND CAREFULLY.

These Terms of Use are a separate legal agreement and are in addition to, and not a replacement for any other agreement you may enter into with EPTC. Additiona lly, these Terms of Use may also be incorporated by reference and made part of a ny other agreement you enter into with EPTC or trust you create.

Your access to, and use of, the Platform and ongoing trust services is condition ed upon your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users, Beneficiaries, Claimants and others who w ish to access or use the Platform.

The Platform is offered and available to users who are 18 years of age or older a nd reside in the United States or any of its territories or possessions. By us ing 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.

Scope and Changes to the Terms of Use

By using the Platform, you agree to follow and be bound by these Terms of Use and agree to comply with all applicable laws and regulations, including but not limited to, United States Bank Secrecy Act laws, export and re-export contr ol laws and regulations, all Federal and State copyright and intellectual prop erty laws, and any other prohibited use by Federal or State regulation, statute, administrative code, or at common law.

EPTC may amend these Terms at any time at its sole discretion, including without limitation by posting revised terms on its websites at www.easternpointtrust.com/ or www.kisstrust.com/ (or other affiliated Websites). All chan ges are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you . You further agree that the Terms of Use in effect at the time of each subsequent visit supersede and amend any prior agreement in effect and that all acts by you shall be governed by the Terms of Use in effect.

If you disagree with any part of the current Terms of Use then you do not have permission to access the Platform, must immediately suspend your use thereo f, and must inform EPTC in writing via USPS certified Mail within 3 days of the suspension. Notices confirming suspension and objection to the Terms of Use must be mailed to Client Services, P.O. Box 232 Warrenton, VA 20188.

Accessing the Platform and Account Security

We reserve the right to w ithdraw or amend the Platform, and any serv ice or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any rea son 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 t he Platform to users, including registered users.

You are responsible for both:

·Making all arrangements necessary for you to have access to the Platform

·Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our "Privacy Policy" located at https://www.easternpointtrust.com/privacy-policy/and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us,at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

It is a violation and breach of these Terms of Use, and a deemed act of comput er 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) any method similar to that of a proxy server, or proxy server service, proxy redirect, IP address masking software or another such servic e, method or software whose purpose is to disguise or provide an IP address ot her than that of your physical access location; and (c) through use of a Fictit ious 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 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.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the 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 cont ent, asking for personally identifiable information, or otherwise.

·To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.

·To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitati on.

·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 other 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 authori zed in these Terms of Use, without our prior written consent.

·Use any device, software, or routine that interferes with the proper working of the Platform.

·Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

·Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the ser ver on which the Platform is stored, or any server, computer, or database connected to the P latform.

·Attack the Platform via a de nial-of-service attack or a distributed denial-of-service attack.

·Otherwise attempt to interfere with the proper w orking of the Platform.

User Contributions

The Platform may contain interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.

All User Contributions must comply with the Content Standards set out below in these Terms of U se.

Any User Contr ibution 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, displ ay, distribute, and otherwise disclose to third parties any such material for a ny lawful purpose.

You understand and acknowledge that you are responsible for any User Contr ibutions 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.

·Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that s uch User Contribution violates the Terms of Use, inf ringes any intellectual property right or other 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 post ed 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 us e of the Platform.

·Terminate or suspend your acces s to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorites 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, wh ich provide self-service, automated software trust solutions. Fees charged are solely for trustee services or licensing fees to access the self-help syste m, 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 adv ice of an attorney or an investment advisor; as such, we do not provide any advice, explanation, opinion, or recommendation about possible legal rights nor exp ress any legal guidance on the matters contained herein nor do we provide invest ment 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 servi ces 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 SECUR ITY, 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 CREA TE 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 FEDE RAL 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 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 disclosu re 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 u nder 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 Non-Jumbo Money Market” on cash assets held within your t rust. The National Rates vary and are not a guaranteed rate of return. The underl ying 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 the ir 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 li quidity. 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 investm ents can contact the trust administrator, trust officer, or refer to the account statement in order to determine the specific manner cash balances are inves ted. The applicable designated person may direct investments into other investme nt 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 its 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 investme nts held in EPTC’s common omnibus fund. Unless expressly provided for in writin g, these revenue sharing amounts shall be in addition to the fees due to EPTC and shall not offset any other fees due to EPTC. The Grantor(s), Beneficiary(ie s), Claimant(s) and their Parties in Interest, as defined in each trust, acknowledge and agree to the foregoing, and waive any and all claims, deman ds, conflict of interest, or rights to such compensation or additional income t hat 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 investm ent 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, m ake 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 entire ly 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 investm ent decision you choose to undertake related to the investment of your Trust. I nvesting 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 y ou 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 INVESTMEN T, FOR YOU ARE ASSUMING THE SOLE LIABILITY FOR YOUR INVESTMENT DECISIONS. EPTC ACTS IN A DIRECTED CAPACITY ONLY AND HAS LIMITED AUTHORITY OVER THE INVESTM ENTS IN YOUR TRUST. (see Hypothetical Model Portfolios and Automatic Portfolio B alancing)

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 i t 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 other affiliated platform, at any time. However, the inclu sion 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 typical ly 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 su ch as www.morningstar.com and reading the prospectus of each investment carefu lly (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 specif ic 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 performa nce.

EPTC retains an independent investment analytics research firm to create, mainta in, review, and make changes to the hypothetical model portfolios related to th eir continuing performance and style and risk objectives. You thus agree that t he 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 suitabili ty goals. We express no opinion, guarantee, recommendation, solicitation, or warranty as to the construction of the hypothetical model portfolio perform ance 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 b ased 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 platfor ms, 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 attaina ble. 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 actu al 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 C OST OF TRUST ADMINISTRATION FROM WHICH YOUR TRUST BENEFITS, YOU ACKNOWLEDGE, AG REE 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 M ODEL 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 COMPENSATI ON 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 DESIG NATED PERSON IS AN EXERCISE OF THE APPLICABLE DESIGNATED PERSON’S CHOICE AND DISCRETION. ILLUSTRATED HYPOTHETICAL PAST PERFORMANCE OF THE HYPOTHETICAL M ODEL 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 au tomatically monitors the trust accounting database using settings to determine when balancing is required for each Trust in a given hypothetical model portfoli o.

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 t he same.)

If your financial institution should return any such electronic debit(s) for a ny 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 a lso 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.

Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data

The publicly available portions of the Platform are provided for educational purposes only and are not intended to provide legal, tax, investment or financial planning advice. In using the publicly available portions of the Platform, you agree that you are responsible for your own investment resear ch 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 otherwi se 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 upd ate 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 REPR ESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTE D, 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 LIMI TED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FO REGOING 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 T AX 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 n ot 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 E PTC 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 a ny 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 ha ve not tested any information, software, products or services found on these s ites and therefore cannot make any representations whatsoever with respect there to. There are risks in using any information, software, products or services fo und on the Internet; and we caution you to make sure that you completely unders tand 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 DIRECTO RS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF O R IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM ANY WEBSITES LI NKED 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.

Indemnification

You agree to indemnify, defend, and hold EPTC harmless from any liability, loss, claim and expense, including attorney’s fees, related to your violation of these Terms of Use or use of the Platform. Nothing in these terms of use sh all affect any non-waivable statutory rights that apply to you. EPTC reserves t he 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

All matters relating to the Platform and Terms of Use, and any dispute or claim ar ising therefrom or related thereto (in each case, including non-contractual dispu tes or claims), shall be governed by and construed in accordance with the inter nal laws of the Virgin Islands of the United States of America without giving e ffect to any choice or conflict of law provision or rule (whether of the Virgin Islands or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of U se or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia, in each case located in the City of Alexandria and County Arlington, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state of residence o r 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 c ourts.

Intellectual Property (Including Trade Secrets)

The Platform contains trade secrets and intellectual property of EPTC collectiv ely defined as “Intellectual Property.” “Intellectual Property” is further defi ned 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 unif ied process and operation of which, in a unique combination, affords a competit ive 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) proce ss design; (d) lists; (e) pricing information; (f) business strategy; (g) fina ncial 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 developm ent 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, drawin gs, specifications, designs, plans, proposals, technical data, copyrightable wo rks, financial, marketing and business data, pricing and cost information, busin ess 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 a ny 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 improper use of the Platform, including creating fictitious user identities or accounts, or acts of espionage (whet her through electronic or other means). 

All rights, title, interest in a nd ownership of the Intellectual Property shall remain the sole property of EP TC. Nothing in these Terms of Use conveys any right or license to use Intellect ual Property other 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 expressly provided in th ese Terms of Use, will not disclose, or cause to be disclosed, Intellectual Property to anyone without EPTC’s prior written consent. You agree that you will not use, or permit others to use, Intellectual Property for any purpose other than to evaluate the possible use of EPTC and its products for person al 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 derivate works from, or display the Platform content, use the Platform content, link, or redirect to the Platfo rm, 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 copyri ght, trademark or other notices or display to the public.

Title to all Intellectual Property rights in the Platform and material thereon re main EPTC’s and its Affiliates or licensors. If EPTC is made aware of any unauthorized use of its material, it may demand you immediately remove or destroy the same from all sources. Any failure to immediately remove or des troy such material is a breach of these Terms of Use and you hereby explicitly a gree to indemnify and hold harmless EPTC from any damages arising therefrom and shall pay for all costs associated with any legal action taken in furtheran ce 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 register ed trademarks (collectively and individually “Marks”):

·      The Kiss Trust Tree symbol image is a copyrighted and registered trademark.

·       Kiss Trust® ©

·       KissTrust® ©

·       Sleeping Trust ™ ©

·       Kiss Trust Memorial Trust ™ ©

·       Trusts Made ~ Flexible, Affordable and Secure ™ © 

Before any use of the Marks, you must make a written request for permission to use the Marks at support@easternpointtrust.com, and we may grant or withhold permis sion 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 grante d, your use of the Mark must always be fully and clearly reproduced, and you m ay not incorporate any of our Marks into the other published work unless you h ave expressed prior written permission.

The first time that you use the Mark in any medium, you must conspicuously indi cate 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, projec ts, products, and packaging may require additional or different notices. Contac t us for more information and to discuss your intended use.

Entire Agreement

These Terms of Use, our Privacy Policy, and any separate agreement entered into between you and EPTC constitute the entire Agreement between you and EPTC w ith 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 agree ment at that time.

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, curren t or former employees, and/or its shareholders. You further agree not to relay, communicate or repeat disparaging comments from others or cause such statem ents 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, injuri ous falsehood and/or trade libel. Any violation of this section shall require y ou 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 Islan ds 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 direct ed 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 condit ions 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

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; 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 Tr ust 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 Parties Interest have a duty to monitor the activity of the Trust and: (i) any resulting damages stemming from the failure to monit or the Trust is not a liability of the Trustee; and (ii) the Grantor(s), Beneficiary(ies), Claimant(s) and their parties in interest waive all claim s against the Trustee and its Third Parties in such circumstances.

Survivability and Enforceability 

Any clause, provision or section of this Agreement or any amendment shall be vo id if it violates Federal law or the laws of the state of jurisdiction. If a c ourt of competent jurisdiction rules that any clause, provision or section of th is Agreement or any amendment shall be determined to be illegal or invalid, th en such clause, provision, section, power, or obligation shall be deemed to be written only to the extent permitted by law.

Waiver and Severability

Any waiver of any provision contained in these Terms of Use shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use . If any provision in these Terms of Use is determined to be wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Assignment

You may not assign these Terms of Use (by operation of law or otherwise) without the prior written consent of EPTC, and any prohibited assignment will be nu ll and void. EPTC may assign these Terms of Use or any rights hereunder without your consent.

Your Comments, Concerns, and Communications with EPTC

This w ebsite 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: sup port@easternpointtrust.com.

Authorized employees or agents of EPTC may monitor and record all or portions of your telephone calls, emails, text messages, chats and other communications with EPTC for quality control, customer service, employee training, security, le gal, 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 requ ires otherwise. EPTC may also archive your communications with EPTC for regulato ry and other purposes.