Terms & Conditions
The term “agreement” shall mean and be used interchangeably to refer to these terms and conditions, et al.
Eastern Point Trust Company may amend these Terms and Conditions agreement at any time by reasonable notice, including without limitation by posting revised terms on its website at the URL www.easternpointtrust.com/terms.htm, or www.kisstrust.com/terms.htm which amended terms and conditions shall be binding upon you.
This Agreement benefits and binds you and Eastern Point Trust Company “Parties” and their successors and assigns.
Terms of Offer
All solicitations and offers (whether by mail, through employees, agents, the internet, or otherwise) are solely made from, and within, the jurisdictions of the USVI and the state of Maryland. All orders for services require acceptance from an authorized officer of the Trustee operating within the offering jurisdiction before they become contracts. The use of the Site(s) does not constitute an offer to provide trust services beyond the borders of jurisdictions noted herein.
These Terms and Conditions constitute(s) the entire Agreement between the user and Eastern Point Trust Company with respect to its subject matter and constitutes and supersedes all prior Agreements, representations and understandings, written or oral.
Neither eastern point trust company nor any of its subsidiaries makes any representation about the suitability of the content of the site(s) for any purpose. All content is provided "as is" without any warranty of any kind, either express or implied. We disclaim any warranties and representations with regard to the content, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We shall not be subject to any obligations of confidentiality regarding information submitted through the Site(s) or any page hereof except as otherwise agreed to by Eastern Point Trust Company, in writing, with the person(s) or entity(ies) having a direct relationship with us or as otherwise required by law.
Although we attempt to keep the information on the Site(s) accurate, complete, and current, we do not warrant that the content herein is accurate, complete, or current. We make no commitment to update the content herein. It is your responsibility to verify any information before relying on it. The content of the Site(s) may include technical inaccuracies or typographical errors. From time to time changes are made to the content herein. We may make changes in the products and/or the services described herein at any time. We provide you with this information with the understanding that we are not rendering accounting, legal or tax advice. Please consult your legal or tax advisor concerning such matters.
Location of Products and Services
Our products and services are offered only in jurisdictions where they may be lawfully offered for sale; and are also subject to the terms of the specific applicable agreement. NOT ALL PRODUCTS OR SERVICES MENTIONED HEREIN ARE AVAILABLE IN ALL JURISDICTIONS. Certain non-fiduciary ministerial services may be provided from and by third parties and in their respective jurisdictions.
Eastern Point Trust Company and its subsidiaries are equal opportunity employers.
IRS CIRCULAR 230 NOTICE: To the extent that the Site(s) or any attachment concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law.
USA Patriot Act
Pursuant to the USA PATRIOT Act and final rules issued by the U.S. Department of the Treasury, Eastern Point Trust Company complies to the extent applicable, with the terms and conditions of the USA PATRIOT Act and Dodd-Frank, including, but not limited to Know Your Customer rules and Anti Money Laundering Rules.
Limitation of Liability
Eastern Point Trust Company, its subsidiaries or affiliates will not be liable under any circumstances for any damages or injuries, including but not limited to those caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or system failure. In no event shall Eastern Point Trust Company or any of its subsidiaries be liable for any special, indirect, incidental, or consequential damages or any damages whatsoever, including but not limited to loss of use, data, or profits, arising out of or relating to the use of the Site(s) or the copying or display of information accessed through the Site(s), whether or not Eastern Point Trust Company or any subsidiary was advised of or aware of the possibility of such damages. The foregoing disclaimer of liability is effective without regard to the form of any action, including but not limited to contract, negligence, tort, strict liability or any other theory. Without limiting the foregoing, Eastern Point Trust Company and its subsidiaries or affiliates shall not be liable for any losses or damages incurred as a result of any information or confidential information submitted to it through the Site(s) or any page hereof or for its transmission of information or confidential information to any person(s) or entity(ies) as a result of a request for such transmission reasonably believed by Eastern Point Trust Company or its subsidiaries or affiliates to have been made by such person or entity. The above limitations or exclusions may not apply to you to the extent that applicable law does not allow the limitation or exclusion of liability for incidental or consequential damages.
Links to Third Party Sites
Some of the sites listed as links herein will let you leave our server and are not under our control. Access to any other Internet site linked to Eastern Point Trust Company’s web sites is at the user's own risk and Eastern Point Trust Company is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these linked sites. We do not make any representations whatsoever concerning the content of those sites. The fact that we have provided a link to a site is NOT an endorsement, authorization, sponsorship, or affiliation by us with respect to such site, its owners, or its providers; we are providing these links only as a convenience to you. We have not tested any information, software, products or services found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, products or services found on the Internet; and we caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
You acknowledge and agree that these Terms and Conditions, at the sole discretion of Eastern Point Trust Company, shall be governed and interpreted pursuant to the laws of the US Virgin Islands, United States of America or the State of Maryland, or such other state law of applicable to the geographic location of the Eastern Point Trust Company facility which the subject, breach or tort occurred, notwithstanding any principles of conflicts of law.
However, once the court of jurisdiction has been determined and established by Eastern Point Trust Company, said state court shall have exclusive jurisdiction over any cause of action arising out of or related to the content or use of the Site(s).
Any action arising out of a breach of this Agreement or related tort shall be enforceable by injunctive relief as well as compensatory and punitive damages to the fullest extent of the law.
You further agree to indemnify, defend, and hold Eastern Point Trust Company and its affiliates and their directors, managers, officers, shareholders, employees, agents, subsidiaries, successors and assigns harmless, from and against any claims, losses, damages and expenses, including reasonable attorneys’ fees, resulting from your breach or alleged breach of the terms of this Agreement, regardless of the form of action.
You, the user, specifically waive all rights to challenge, object, file motions or plead for removal of jurisdiction and agree to the governing law and jurisdiction as selected by Eastern Point Trust Company in its sole discretion. The jurisdiction and choice of law for any civil claims resulting from computer crimes or computer trespass, accomplished or attempted, shall be the state court of jurisdiction within the location of Eastern Point Trust Company’s impacted server or computer network location.
In the event of any violation or breach of these Terms and Conditions Eastern Point Trust Company reserves all rights to seek claims and damage awards to the fullest extent allowable under the applicable law.
Copyright, Service Marks, and Trademarks—No Use Allowed
The content of the Site(s), in all of its parts, including but not limited to the text and images and their arrangement, are the copyright ©, of Eastern Point Trust Company 2006 – 2014. All rights reserved.
Trademarks and Registered Trademarks of Eastern Point Trust Company may not be used without the prior written consent of Eastern Point Trust Company.
You may not link, or redirect to the Site(s), without the prior written consent of Eastern Point Trust Company.
You may not copy the material on the Site(s), upload, post, publish, transmit or distribute it in any way (whether electronically or otherwise) or create other works based on it, without our prior written consent. Copies made incidentally in the ordinary course of your use of the Site(s) (such as in cache memory) and a reasonable number of printed copies for your own internal use are permitted, provided you do not delete or change any copyright, trademark or other notices. Title to all intellectual property rights in the material on the Site(s) remain Eastern Point Trust Company’s and its affiliates or licensors.
The following elements are owned by Eastern Point Trust Company as copyrights, trademarks and registered trademarks (collectively and individually “Marks”):
The KissTrust Tree symbol image is a copyrighted and registered trademark.
Divorce Trust ™ ©
Saving Smarter™ ©
Saving Smarter – Education and Beyond ™ ©
Save Your Estate ™ ©
Alzheimer’s Trust ™ ©
Do Over Trust ™ ©
Inheritance Trust ™ ©
Here for the Life of Your Trust ™ ©
Estate Preservation Trust ™ ©
Generational Planning Trust ™©
Surplus Income Trust ™ ©
Supplemental Needs Trust ™ ©
Settlement Security Trust ™ ©
Surviving Spouse Trust ™ ©
Sleeping Trust ™ ©
KissTrust Memorial Trust ™ ©
Heirs Income Trust ™ ©
Guardianship Trust ™ ©
Minimum Income Tax Trust ™ ©
Medicaid Set-Aside Pooled Trust ™ ©
KissTrust - It only takes 20 minutes to secure the assets you worked a lifetime to accumulate. ™ ©
Trusts Made ~ Flexible, Affordable and Secure ™ ©
Any use of the Marks is required to comply with these Terms and Conditions and Eastern Point Trust Company disclaims and prohibits any “Use” without prior written authorization.
Prior to 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 in our sole discretion. No use is allowed unless you have expressed prior written permission.
If permission to use the Mark is granted, your use of the Marks must always be fully and clearly reproduced, and you may not incorporate any of our Marks into the other published work, unless you have expressed prior written permission.
The first time that you use the Mark in any medium, you must conspicuously indicate that "the mark is a trademark of Eastern Point Trust Company and is used by ______ <<Insert the name of your organization>> with the permission of Eastern Point Trust Company." If you use any of the other Marks in any medium, you must also conspicuously indicate that such Marks are trademarks of Eastern Point Trust Company and are used by ______ <<Insert the name of your organization>> with the permission of Eastern Point Trust Company.”
You must use the Marks in their entirety unless you have expressed prior written permission.
A trademark symbol ® or ™, as applicable, should follow all prominent uses of the Marks.
Certain types of expressions, posting, projects, products and packaging may require additional or different notices. Contact us for more information and to discuss your intended use.
You agree to indemnify, defend and hold harmless Eastern Point Trust Company, its directors, officers, employees, agents and representatives from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms and Conditions and (ii) your activities in connection with the use of our Marks.
By accessing and using the Marks, you agree to abide by the terms and conditions set forth above. Eastern Point Trust Company hereby reserves the right at any time and without advance notice, to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time, and any such change will be effective when notice of such change is posted. Your continued use of the Marks after any changes to these Terms and Conditions are posted constitutes your acceptance of those changes.
You may not copy the material on the Site(s), upload, post, publish, transmit or distribute it in any way (whether electronically or otherwise) or create other works based on it, without our prior written consent. Title to and all intellectual property rights in the material on the Site(s) remain in Eastern Point Trust Company and its affiliates or licensors.
Waiver of 47 U.S. Code § 230
BY USING EASTERN POINT TRUST COMPANY’S SERVICES OR ACCESSING THE WWW.EASTERNPOINTTRUST.COM WEBSITE, OR APPLICATIONS (BEYOND ACCESSING THE WWW.EASTERNPOINTTRUST.COM HOME PAGE AND THESE TERMS AND CONDITIONS), OR ACCESSING THE WWW.KISSTRUST.COM WEBSITE OR APPLICATIONS (BEYOND ACCESSING THE WWW.EASTERNPOINTTRUST.COM HOME PAGE AND THESE TERMS AND CONDITIONS)YOU ACKNOWLEDGE THAT YOU HAVE WAIVED, BY PROMISSORY ESTOPPEL, ALL RIGHTS, CLAIMS, AFFIRMATIVE DEFENSES AND ALL OTHER DEFENSES BASED ON, OR UNDER, 47 U.S. CODE § 230. FURTHER, YOU AGREE AND STIPULATE THAT BY YOUR USE OF THE CONTENT OF THE SITE(S) OR MARKS YOU ARE AN “INFORMATION CONTENT PROVIDER”, AS DEFINED BY 47 U.S. CODE § 230, AND ADDITIONALLY WAIVE ALL CLAIMS, DEFENSES AND RIGHTS BASED ON BEING A “PROVIDER OF INTERACTIVE COMPUTER SERVICE”.
Each subsequent use of the Site(s) reaffirms and codifies your acceptance of these Terms and Conditions.
You further agree that the Terms and Conditions in effect at the time of each subsequent visit supersede and amend any prior agreement in effect and that all acts by you shall be governed by the Terms and Conditions in effect based on your last use of the Site(s).
If any part or parts of these Terms and Conditions is unlawful, void, or unenforceable, that part or parts will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
The Site(s) also contains certain information Eastern Point Trust Company has filed or incorporated by reference in its reports with the State and Federal agencies (such information, the "Disclosure Materials") Eastern Point Trust Company expressly disclaims any duty to update any of the information set forth in the Disclosure Materials, including but not limited to statements that may be considered forward-looking.
Both you and Eastern Point Trust Company shall hold all information regarding your use of the Site(s) private. Without the prior written release of the other Party, either Party shall, directly or indirectly, issue any press release, or make other public statements or announcement related to the Site(s) or any Eastern Point Trust Company 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 Eastern Point Trust Company, its officers and management, current or former employees, and / or its shareholders. You further agree that you will not relay, communicate or repeat disparaging comments from others or cause such statements to be made by a third party, or through an anonymous persona. Disparagement includes, but is not limited to: public writings, remarks, comments or statements (with or without malice); and which are false in nature, fact or substance; and which impugn the character, honesty, integrity, morality or business acumen or abilities in connection with any aspect of the operation of business of the covered individual or entity and include, but is not limited to, the torts of defamation, product disparagement, insulting words, injurious falsehood and / or trade libel.
Regulatory Information and Legal Entities
Eastern Point Trust Company is the trade name of National Trust and Fiduciary Services Company, Inc., a multi-state non-depository trust company incorporated within the USVI and is authorized and regulated by the Department of Licensing and Consumer Affairs to provide Fiduciary Services and Non-Depository Trust Services under License No:1-20236-1L
The material within and any linked material accessed via the Site(s) is directed to eligible counterparties and professional clients only, and should not be distributed to or relied upon by any retail investor.
The Site(s) and its content is not an offer to sell or a solicitation to purchase any investment to any person or entity.
All assets are solely owned by the trust to which they are gifted. Neither the Grantor nor Giftor is the owner of the assets of the trust. The authority to invest the assets of the Trust resides solely with the applicable fiduciary within their sole discretion and authority. All investment options contained herein are limited to use solely by Eastern Point Trust Company as trustee and the associated investment fiduciaries providing instructions to the trustee. Nothing in the Site(s) constitutes an offer to sell or a solicitation to purchase any investment to any person or entity.
Right to Refuse
You acknowledge that Eastern Point Trust Company reserves the right to refuse service to anyone and to cancel access at any time. Improper access or attempted improper access or improper attempted access shall be deemed as an act of “Computer Trespass” subject to both civil and criminal prosecution.
You agree that breach of these Terms and Conditions may cause ongoing and irreparable damages. As such, you acknowledge and agree that Eastern Point Trust Company reserves the discretionary right to have immediately removed, upon written demand, any content, regardless of its location, you have directly or indirectly, published, posted, disclosed or made accessible to the public which Eastern Point Trust Company in its sole discretion deems a breach of these Terms and Conditions. You further agree and stipulate that such an event is a violation of the Digital Millennium Copyright Act (DMCA) and that all third parties, including the Internet Service Provider and hosting provider of the content provider, shall remove all such content immediately upon notice from Eastern Point Trust Company and such notice shall be deemed as your instruction and approval to remedy the breach by removal of the related content. Such removal shall not discharge you from any claim that Eastern Point Trust Company may otherwise have a right to bring under this Agreement.
By using Eastern Point Trust Company’s services or by accessing the WWW.EASTERNPOINTTRUST.COM website (beyond accessing the WWW.EASTERNPOINTTRUST.COM home page and these terms and conditions) or the WWW.KISSTRUST.COM beyond accessing the WWW.KISSTRUST.COM home page and these terms and conditions) you acknowledge that you have, by Promissory Estoppel, waived all rights, claims, affirmative defenses and all other defenses based on, or under, all forms of Qualified Privilege, including but not limited to; Common Interest Privilege, Fair Report Privilege, Neutral Reportage Privilege, Opinion Privilege, No Publication Privilege, Consent Privilege and so called “fair use” rights regarding the use of any of the Marks and/or content herein. You further agree and stipulate that by your use of the content of the Site(s) or Marks you are an “information content provider”, as defined by 47 U.S. Code § 230, and additionally, you waive all claims, defenses and rights related to being a “provider of interactive computer service”.
Intellectual Property (Including Trade Secrets)
The Site(s) contains trade secrets and intellectual property of Eastern Point Trust Company collectively defined as “Intellectual Property.” “Intellectual Property” is further defined as Intellectual Property owned, commissioned, developed, or created by Eastern Point Trust Company. 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 unique combination, affords a competitive advantage and is a protectable secret. The term “Intellectual Property” includes (collectively and separately):
- “Marks” (as defined herein),
- User interfaces functions and design,
- Process design,
- Pricing information,
- Business strategy,
- Financial information,
- Marketing and advertising strategies,
- Sales techniques,
- Methods of conducting business,
- Technology platforms,
- Web sites, publications, databases and other content,
- Business processes material to the operation of the business,
- Trademarks and copyrights,
- Franchise systems,
- Object codes,
- Investment Platforms,
- Trading Platforms,
- Trust document design and component elements,
- Patents and patent applications including any abandoned applications,
- Pending trademark and service mark applications,
- Domain names and domain name registrations.
- All products and services currently produced, marketed, licensed, sold or distributed by Eastern Point Trust Company.
- All products and services currently under development that Eastern Point Trust Company intends to make commercially available within 24 months from your last use the Site(s).
- Inventions, whether or not patentable, whether or not reduced to practice or whether or not yet made the subject of a pending patent application or applications,
- Ideas and conceptions of potentially patentable subject matter, including, without limitation, any patent disclosures, whether or not reduced to practice and whether or not yet made the subject of a pending Patent application or applications,
- Trade secrets and confidential, technical or business information (including ideas, formulas, compositions, designs, inventions, and conceptions of inventions whether patentable or un-patentable and whether or not reduced to practice),
- Technology (including know-how), manufacturing and production processes and techniques, methodologies, research and development information, drawings, specifications, designs, plans, proposals, technical data, copyrightable works, financial, marketing and business data, pricing and cost information, business and marketing plans and customer and supplier lists and information.
You further agree to not, directly or indirectly:
- Acquire, use or disclose Intellectual Property, or any element of our Intellectual Property to another person(s), or
- Engage in acquiring, or attempting to acquire, Intellectual Property by improper means; improper use of the website, including creating fictitious user identities or accounts, or acts of espionage (whether through electronic or other means).
All rights, title, interest in and ownership of the Intellectual Property shall remain the sole property of and right of Eastern Point Trust Company. Nothing in these Terms and Conditions conveys any right or license to use Intellectual Property other than for the stated purpose of evaluating Eastern Point Trust Company and its product for your personal use. You acknowledge and agree that nothing in this Agreement shall be construed as granting any rights, license or otherwise, to disclose or use Intellectual Property and you waive rights, claims and defenses based on, or under all forms of Qualified Privilege, including but not limited to; Common Interest Privilege, Fair Report Privilege, Neutral Reportage Privilege, Opinion Privilege, No Publication Privilege, Consent Privilege and so called “fair use” rights regarding the use of any of the Marks and / or Intellectual Property.
You acknowledge and agree that you will not, directly or indirectly, use any Intellectual Property in anyway detrimental to the Eastern Point Trust Company. You agree to keep all Intellectual Property in confidence and, except as expressly provided in these Terms and Conditions, will not disclose, or cause to be disclosed, Intellectual Property to anyone without Eastern Point Trust Company’s prior written consent. You agree that you will not use, or permit others to use Intellectual Property information for any purpose other than for the purpose of evaluating possible use of Eastern Point Trust Company and its products for you own personal use. You will use all necessary efforts and safeguards to ensure that there is no disclosure, dissemination or unauthorized use of Intellectual Property.
The Site(s) contains the Intellectual Property of Eastern Point Trust Company. It is a violation and breach of these Terms and Conditions, and a deemed act of Computer Trespass subject to criminal and civil enforcement to attempt to “reverse engineer” any Intellectual Property.
Proxy Server Access, Fictitious User Identity and/or Fictitious Accounts Not Allowed
It is a violation and breach of these Terms and Conditions, and a deemed act of Computer Trespass subject to criminal and civil enforcement, to access the Site(s), or attempt to access the Site(s) and use a false Internet Protocol (“IP”) address location other than the IP address of your actual physical access location. Any method similar to that of a Proxy Server, or Proxy Server Service, Proxy Redirect, IP Address Masking Software or other such service, method or software whose purpose is to disguise or provide a IP address other than that of your physical access location is violation and breach of these Terms and Conditions.
It is a violation and breach of these Terms and Conditions, and a deemed act of Computer Trespass subject to criminal and civil enforcement, to access the Site(s), or to attempt to access the Site(s), by use of a Fictitious User Identity and / or the creation of a Fictitious User Account.
Survivability and Enforceability
Any clause, provision or section of this Agreement or any amendment shall be void if it violates Federal law or the laws of the state of jurisdiction. If a court of competent jurisdiction rules that any clause, provision or section of this Agreement or any amendment shall be determined to be illegal or invalid, then such clause, provision, section, power, or obligation shall be deemed to be written only to the extent permitted by law.