IMPORTANT NOTICE: THIS PRIVACY POLICY IS A BINDING CONTRACTUAL AGREEMENT AND CONTAINS A BINDING DISPUTE RESOLUTION PROVISION AND A WAIVER OF JURY TRIALS AND CLASS ACTIONS WHICH GOVERN DISPUTES ARISING FROM USE OF THE PLATFORM AND RELATED SERVICES. IT AFFECTS YOUR LEGAL RIGHTS AND THE LEGAL RIGHTS OF ALL PARTIES IN INTEREST AS DETAILED IN THE PROVISIONS BELOW. PLEASE READ THIS DOCUMENT CAREFULLY. THIS PRIVACY POLICY MAY BE PRINTED FOR YOUR RECORDS BY UTILIZING YOUR WEB BROWSER’S STANDARD PRINT FUNCTION.
This Privacy Policy is binding contractual agreement and is entered into by and between the user of the Platform (“You”), all Parties in Interest (as defined herein), and Eastern Point Global and its Affiliates and Third Parties (jointly “Eastern Point Global,” “EPG,” “We,” “Our” or “Us”). As used herein, “Parties in Interest” means any and all natural persons or entity(ies) which may: (i) have a right; (ii) assert a right; or (iii) assert a claim to a right against any associated trust or escrow account, the Assets of any associated trust or escrow account, or a benefit of any associated trust or escrow account. Parties in Interest shall be interpreted in the broadest possible context to include, but not be limited to, Claimant(s), Beneficiary(ies), Grantor(s), any party making a claim or attribution to benefits and interests arising from any associated trust or escrow account, or against any associated trust or escrow account or the Assets thereof. In addition to the foregoing, Parties in Interest shall specifically include, but not be limited to: (i) any person(s) who is a parent, relative, family member, current spouse, life partner, guardian, or attorney-in-fact of a Claimant or Beneficiary; (ii) lineal descendants of a Claimant or Beneficiary, whether by blood, adoption, or marriage; (iii) ex-spouses, ex-life partners, parents, and step-parents of a Claimant or Beneficiary; (iv) the creditors of a Claimant or Beneficiary; (v) Authorized Agent(s), Authorized Officer(s), Authorized Entity(ies), Distribution Administrator(s), or the natural or legal guardians of each Claimant or Beneficiary; and (vi) users of the Platform. The term “Parties in Interest” shall be applied both jointly and severally to the parties of any corresponding agreement. As used herein, “Third Parties” means any general partnership, limited partnership, limited liability company, corporation, joint venture, trust, business trust, investment fund or trust, or similar organization or entity controlling, controlled by, affiliated with by agreement, or under common control with EPG, as well as the officers, managers, current and former employees, shareholders, and service providers of the preceding.
This Privacy Policy, together with any documents expressly incorporated by reference, relates to the online information collection and use practices of the website https://www.easternpoint.global and any linked or affiliated websites, including any content, functionality, or services offered on or through the same (collectively the “Platform”), whether as a guest or a registered user.
This Privacy Policy is a separate, binding, and standalone contractual agreement between Us and You, as such, please read the terms of this Privacy Policy and each of the other documents, including but not limited to the Terms and Conditions that separately apply to You and all Parties in Interest carefully. For the purpose of clarity, this Privacy Policy does not incorporate the Terms and Conditions of this website, except as expressly set forth herein, nor do the Terms and Conditions of this website incorporate this Privacy Policy except as expressly set forth therein. Accordingly, each agreement is separate and their terms apply additively.
By using or accessing the Platform, You and all Parties in Interest acknowledge that You and all Parties in Interest have read this Privacy Policy and that You and all Parties in Interest agree to be bound by this Privacy Policy. We may amend this Privacy Policy at any time in Our sole discretion, including without limitation, by posting revised terms on the Platform. All changes are effective immediately when We post them and apply to all access to, and use of, the Platform thereafter. With each access or use of the Platform, You and all Parties in Interest agree to this Privacy Policy as it may have been amended from time to time, and as such We encourage You and all Parties in Interest to refer to this Privacy Policy on an ongoing basis so You and all Parties in Interest are aware of any changes, as they are binding on You and all Parties in Interest. By Your access or use, You and all Parties in Interest acknowledge and agree that this Privacy Policy is a contract and that failing to abide by its terms is a breach of contract.
THIS PRIVACY POLICY CONTAINS BINDING WAIVERS AND DISCLOSURES WHICH MAY AFFECT YOUR LEGAL RIGHTS AND THE LEGAL RIGHTS OF ALL PARTIES IN INTEREST. PLEASE READ THE INFORMATION HEREIN FULLY AND CAREFULLY.
This Privacy Policy is a separate legal agreement and is in addition to, and not a replacement for, any other agreement You or any Party in Interest may enter into with EPG. Additionally, this Privacy Policy may be incorporated by reference and made part of any other agreement(s), regardless of type, You or any Party in Interest enter into with EPG.
Your access to, and use of, the Platform and ongoing services is conditioned upon Your acceptance of, and compliance with, this Privacy Policy. This Privacy Policy applies to all Parties in Interest, including visitors, users, Beneficiaries, 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 EPG and meet all eligibility requirements. If You do not meet all of these requirements, You must not access or use the Platform.
If You or any Party in Interest disagree with any part of the current Privacy Policy, then You and such Parties in Interest do not have permission to access the Platform, must immediately suspend Your use thereof, or the use of such Parties in Interest, and must inform Us in writing, via private courier service (e.g., FedEx, UPS, DHL, etc.) within three (3) days of the suspension and objection to the Privacy Policy. Notices confirming suspension and objection to the Privacy Policy must be mailed to Eastern Point Services, 382 NE 191st St., PMB 62193, Miami, Florida 33179-3899.
What Information About You Do We Collect?
When You visit the Platform, You may provide Us with two (2) types of information: (i) personally identifiable information that You knowingly choose to disclose, which is collected on an individual basis, and (ii) general user information that does not contain personally identifiable information, which is collected on an aggregate basis as You utilize the Platform. In some cases, if You choose not to provide Us with requested information, You may not be able to access all of the Platform’s content or services.
Personally Identifiable Information You Choose to Provide
We may ask for certain personal information from You for the purpose of providing You with content and/or services that You request. We may retain a record of users who have contacted Us in order to respond properly to questions or concerns and for purposes of future communications.
Non-Personally Identifiable Information We Collect
Cookies/Web server logs: similar to other websites, the Platform utilizes standard technology called “cookies” and web server logs to collect information about how the Platform is used. Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a given website. Cookies are small pieces of data that are stored by a user’s web browser on the user’s hard drive. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at the Platform, and the websites visited just before and just after access or use of the Platform. This information is collected on an aggregate basis. None of this information is associated with You as an individual.
You can, of course, disable cookies on Your computer by indicating this in the preferences or options menus in Your browser. However, it is possible that some parts of the Platform will not operate correctly if You disable cookies. You should consult with your browser’s provider/manufacturer if You have any questions regarding disabling cookies.
How Do We Use the Information We Collect?
We use Your personally identifiable information to provide You with the information, services, or content that You have requested and, in some cases, to contact You about Our programs, products, features, or services. If You no longer wish to receive press releases or any other type of information from Us, You may send Us an email through the Platform’s “Contact Us” link or use Our Email Alert form to change Your preferences.
We use non-identifying information collected on the Platform in the aggregate to better understand general usage of the Platform and to enhance Your enjoyment and experience. For example, We may use the information to improve the design and content of the Platform or to analyze the programs or services We offer.
We may employ other companies and individuals to perform functions on Our behalf. Our employees, agents, and contractors who have access to personally identifiable information are required to protect the information in a manner that is consistent with this Privacy Policy.
We may provide access to Your personally identifiable information, and that of Parties in Interest, when legally required to do so, to cooperate with investigations or other legal proceedings, to protect against misuse or unauthorized use of the Platform, to limit Our legal liability and to protect Our rights, or to protect the rights and safety of visitors to the Platform or the public. In those instances, the information is provided only for that limited purpose.
We will not share Your personally identifiable information in ways unrelated to those described above without providing You with an opportunity to opt out of such use or otherwise prohibit such unrelated uses.
Additionally, We use services that help Us to understand Our visitors; for example, how visitors find Our website, how long they spend on Our site, which web pages they are most interested in, etc. We use such services to understand better how visitors interact with Our website, troubleshoot software issues, and help Us improve Our site’s content, design, and functionality, resulting in a better online experience for Our visitors. No personally identifiable information is collected in connection with the preceding, and We do not sell the foregoing data. Cookies and other technologies may be used to collect visit usage data and activity on Our website. This data includes:
Furthermore, a cookie may be placed in Your browser when You visit Our website. You can learn more about cookies from https://en.wikipedia.org/wiki/HTTP_cookie and refuse cookies through Your system’s settings.
What Your Information Will Not Be Used For
We will never sell the information You provide to Us, nor shall We make said information available for any other commercial purpose.
Privacy Protections for Children Using the Internet
Protecting children’s privacy is important to Us. For that reason, We do not collect or maintain information on the Platform from those We actually know are under the age of thirteen (13), nor is any part of the Platform targeted to attract anyone under the age of thirteen (13). Should We discover that a person under the age of thirteen (13) has provided Us with personally identifiable information, We will delete that individual’s personally identifiable information from Our records.
Government Required Customer Identification Program
Government required anti-terrorism and anti-money laundering laws require all financial institutions to obtain, verify, and record information that identifies each person creating a trust without exception. As such, Your personal information may be used to verify Your identity and/or the identity of the beneficiary(ies) in accordance with Our Customer Identification Program, and some or all of that information may be shared with third parties, to the extent necessary to perform such tasks, and may be reported to government agencies to fulfill required government reporting.
What Types of Information Will You Need to Provide?
When You open a trust account, You are required to provide at a minimum the following information: (i) name; (ii) date of birth; (iii) address; (iv) identification number(s). Identification number(s) means a taxpayer identification number, passport number, identification card number, or other government-issued identification showing nationality, residence, and a photograph of You.
What Happens If You Don’t Provide the Information Requested or Your Identity Can’t Be Verified?
We may not be able to open an account or carry out transactions for You. If We have already opened a trust account for You, We may close it.
Data Security
We take reasonable steps to maintain the security of personally identifiable information that We collect, including limiting the number of people who have physical access to Our database servers, as well as installing electronic security systems that guard against unauthorized access and employing data encryption. However, no data transmission over the internet can be guaranteed to be completely secure. Accordingly, We cannot ensure or warrant the security of any information that You transmit to Us, so You do so at Your own risk.
Security
From the moment You access the Portal, all communication between Our servers and Your computer is encrypted using AES-256 (256-bit AES) Secure Socket Layer encryption (“AES”), regularly referred to as the "gold standard" encryption technique.
We enforce password strength policies and only allow for verified secure retrieval of Your user account details should You not remember your password. Once You’ve signed into the system and are running Our application under AES, all the data You enter is stored on a SQL Server running NT Authentication policies. This means that only authenticated registered users can access the data.
Links
The Platform may contain links to third-party sites. Please be aware that We are not responsible for the privacy practices of any third-party sites. Therefore, We encourage You and all Parties in Interest to read the privacy policy of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Platform.
Electronic Transmittal of Information
EPG, You, or Parties in Interest may need to electronically transmit confidential information to each other and to other entities engaged by EPG, You, or Parties in Interest. Email is a fast and convenient way to communicate. However, email is not necessarily a secure means of communication and thus confidentiality could be compromised. You and all Parties in Interest agree to the use of email and other electronic methods to transmit and receive information, including confidential information, between EPG, You, or any Party in Interest and between EPG and third-party service providers or other entities engaged by either EPG, You, or any Party in Interest and further acknowledge and agree that the foregoing is commercially reasonable and has been fully disclosed to You and all Parties in Interest. As encrypted emails may be recalled, future access blocked, or deleted comprising government and EPG policy data retention requirements the data retention You and the Parties in Interest agree that encrypted emails are not a viable option, that there are more secure alternate methods of transmission, and waive any past or future claims at law or in equity arising from non-use of encrypted emails.
Non-Disclosure
Except to the degree such information regarding a client, trust or account is in the public domain, EPG shall not divulge or indicate directly or indirectly any information regarding its clients or any other information that would confirm or deny the existence of a trust or account to a third party, including but not limited to a court for any matter unrelated to a client, trust or account, without the associated client’s express written authorization except as provided for herein.
Notwithstanding the foregoing, under these terms, EPG may, without additional authorization by the client, divulge, to the extent necessary, such information related to (i) preparation and filing of tax reporting and payments; (ii) any government agency conducting an investigation or examination pursuant to the government agencies’ direct regulatory authority or oversight of EPG or the client, trust or account; (iii) privileged communications with EPG’s attorneys and auditors; (iv) government required information programs; (v) the fulfillment of obligations under all anti-money laundering, know your client (KYC), and know your business (KYB) compliance laws and related rules and regulations; (vi) in defense of EPG, but only to the extent such information is directly related to the specific client/account to which the underlying matter is related; (vii) providing information to another financial institution or party to facilitate the payment or receipt of funds; or (viii) providing information to persons authorized as the legal agent of a client, trust or account when said part is acting to act on behalf of a client.
Additionally, EPG may, without additional written authorization, disclose client information to the extent necessary to (i) enable affected persons or appropriate authorities to prevent the client from committing a crime or fraud; or (ii) report to governmental authorities and affected persons a crime or fraud.
Because of EPG’s commitment to client privacy as well as EPG’s duty under applicable laws and regulations, EPG will not provide or release to any other third party, including at third party Party(ies) in Interest any personal client, account, or trust information requested in a subpoena, discovery process, investigation, or negotiation to the maximum extent allowable under applicable law absent the unanimous written consent of all Beneficiaries or Claimants (as the case may be) and the foregoing heirs prior to providing or releasing such information or documents. Additionally, EPG will not provide or release to anyone outside EPG any information including, but not limited to, EPG’s Foreground IP, business processes, patented materials, trade secrets, business interests, security procedures, discretionary processes, or other such proprietary information, or otherwise that is not relevant to the specific transactions and/or Account in question. Finally, all costs associated with the production of said information or documents shall be borne by the requesting party and shall not, in any event, be borne by the Account and/or Us or Our Affiliates.
Importantly, the Security Procedures agreed upon within each Account constitute a private operational process for each individual Account. As such, EPG will not disclose, produce documents or discuss any general Security Procedures or the specific Security Procedures with any third party not related to such Account or any other Account. As such, the Security Procedures of other Accounts are beyond the scope of discovery, subpoenas, investigations, negotiations, or other such evidence-gathering mechanisms or processes.
Notwithstanding the foregoing, EPG will release such information as necessary to comply with final court orders.
Website as a Terminal Instance
You and all Parties in Interest acknowledge and confirm that Your use, and any Party in Interest's use, of the Platform is only as a server-side terminal instance via a browser and the associated code is executed on the hosting server. By accessing and using the Platform’s server, You and all Parties in Interest agree to the stipulated facts as follows:
Choice of Law; Jurisdiction
Subject to all applicable Binding Dispute Resolution Process provision, the parties hereto irrevocably agree that the exclusive jurisdiction of the High Court of St. Christopher and Nevis and its superior courts in respect of all disputes that may arise out of this Agreement shall hear and determine any suit, action, or proceeding and settle any dispute between them that may arise out of or in connection with an Account and for such purposes, each Party irrevocably submits to the exclusive jurisdiction of such court. The parties hereto waive all objections and irrevocably consent to the exclusive jurisdiction of the exclusive jurisdiction of the High Court of St. Christopher and Nevis and its superior courts in respect of all disputes which may arise out of this Agreement, as the court of jurisdiction for all matters arising from an Account. Further, in all matters pending before the court of proper jurisdiction as outlined in this provision, at all times the laws of St. Christopher and Nevis shall be applied and govern all transactions hereunder without regard to any choice of law provisions, if any.
Limitation on Actions
ANY CAUSE OF ACTION OR CLAIM YOU OR ANY PARTY IN INTEREST MAY HAVE ARISING OUT OF OR RELATING TO THIS PRIVACY POLICY, THE PLATFORM, AN ACCOUNT, OR A TRANSACTION ASSOCIATED WITH AN ACCOUNT MUST BE PROPERLY COMMENCED PER THE TERMS OF THIS PRIVACY POLICY WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES OR SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. IN ADDITION TO THE OTHER LIMITATIONS PROVIDED HEREIN, IF YOU OR ANY PARTY IN INTEREST HAS A CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATED TO THIS PRIVACY POLICY, THE PLATFORM, AN ACCOUNT, OR A TRANSACTION ASSOCIATED WITH AN ACCOUNT AND FAIL TO BRING SUCH CAUSE OF ACTION OR CLAIM WITHIN SIX (6) MONTHS AFTER SUCH CAUSE OF ACTION OR CLAIM ACCRUES, YOU AND ANY PARTY IN INTEREST ASSOCIATED WITH SUCH CLAIM OR CAUSE OF ACTION ARE BARRED FROM ISSUING ANY SUBPOENAS OR OTHER DISCOVERY REQUESTS UPON EPG.
Subpoenas
You and the Parties in Interest agree that any subpoena is inherently invasive and disruptive to ordinary business conduct and as such any subpoena should provide for a reasonable time frame for response. Accordingly, You and all Parties in Interest Agree as follows:
Additionally, You and all Parties in Interest agree document formats such as PDF contain Metadata and layers which can compromise the security of documents, even when redacted. To preserve privacy, all production shall occur solely in TIFF or other image basis formatted documents.
You and all Parties in Interest agree that only a Beneficiary or a Claimant may have a standing to request data. If the requesting You and all Parties in Interest standing has not been affirmed by the Account documents (or court approved settlement / judicial award as the case may be) and the action of the Trustee to affirm said status as a “Qualified Beneficiary”, as defined in the applicable code, then the requesting Parties in Interest have no standing to issue a subpoena by merely asserting a claim. Accordingly, You and all Parties in Interest shall permanently and fully waive Your right and the right of any Party in Interest to issue any subpoena or any other form of discovery against EPG.
You and all Parties in Interest agree that frivolous actions are improper and a breach of the associated agreements with EPG. Accordingly, You and all Parties in Interest irrevocably agree that upon EPG establishing, beyond a reasonable doubt, a single false or fictitious claim, pleading, assertion, or count in any element of any pleading, such pleading shall be deemed as “frivolous” in its entirety and You and all Parties in Interest shall permanently and fully waive Your right and the right of any Party in Interest to issue any subpoena or any other form of discovery against EPG related to said pleading.
You and all Parties in Interest agree that if You issue a subpoena, You and any Party in Interest, as the subpoenaing party, are responsible for costs incurred by EPG in responding to a subpoena, as follows:
Witness Fees in Civil Cases and Criminal Cases
All costs associated with appearing at a hearing shall be paid to a witness as may be required by applicable law, statute, rule, or regulation.
Fees For Production of Business Records
In response to a subpoena duces tecum, EPG and its Affiliates are entitled to all reasonable costs incurred for producing business records, other than such information and documents otherwise available or previously provided to You or any Party in Interest in the ordinary operation of any Account in question.
"Expenses" include but are not limited to those costs resulting, directly or indirectly from compliance with the Subpoena. This includes costs incurred in searching for and collecting documents for responsiveness, reviewing documents for privileges, ensuring compliance with applicable data protection and confidentiality laws and regulations, ensuring compliance with this Privacy Policy, ensuring compliance with other applicable contractual requirements, and preparing document production.
"Reasonable costs" include, but are not limited to:
The requestor is required to make a deposit of 100% of the estimated costs with EPG’s representative law firm within thirty (30) business days of the request and prior to delivery of the records. Until such payment is made, We are under no obligation to deliver the records and the delivery date of the subpoena is stayed. If said estimate is found to be lacking, EPG shall notify requestor of the updated estimate and the requestor shall be required to make a deposit of 100% of the updated estimated costs with EPG’s representative law firm within thirty (30) business days of the request and prior to delivery of the records. Until such payment is made, We are under no obligation to deliver the records and the delivery date of the subpoena is stayed. Upon the production of responsive documents, if any, the unused funds held with EPG’s representative law firm as described herein shall be returned to the requestor within ten (10) business days.
If the requesting party demands it, EPG must furnish within forty-five (45) business days a general statement describing the scope of the actions taken to justify the costs.
If a subpoena is subsequently withdrawn, quashed, or modified by a party other than Us, We are entitled to reimbursement for all costs incurred up to the time We are notified of such an action.
The Parties in Interest additionally agree that the foregoing "Subpoena" provision is commercially reasonable as it reduces the cost of litigation and complies with the Quiet Enjoyment provisions of the associated agreements.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EPG, 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 OR ANY PARTY IN INTEREST'S USE OR INABILITY TO USE THE PLATFORM, ANY WEBSITES LINKED THERETO, AND ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHETHER CAUSE BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU OR ANY PARTY IN INTEREST FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS PRIVACY POLICY OR TO YOUR OR ANY PARTY IN INTEREST'S USE OF THE PLATFORM (INCLUDING WITHOUT LIMITATION ANY WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU (OR YOUR AGENT/ATTORNEY AS THE CASE MAY BE) OR ANY PARTY IN INTEREST (OR THEIR AGENT/ATTORNEY AS THE CASE MAY BE) TO EPG DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO THE ALLEGED LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
FURTHER, YOU AND ALL PARTIES IN INTEREST AGREE THAT WITH RESPECT TO ANY CLAIM OR CONTROVERSY BETWEEN OR AMONG YOU OR ANY PARTY IN INTEREST, AND US OR OUR AFFILIATES, THAT MAY ARISE OUR OF OR BE IN ANY WAY CONNECTED WITH THIS PRIVACY POLICY OR YOUR USE, OR THE USE OF ANY PARTY IN INTEREST, OF THE PLATFORM OR OTHER ASSOCIATED OR LINKED WEBSITES, YOU AND ALL PARTIES IN INTEREST SHALL NOT HAVE THE REMEDY OF, AND EPG SHALL NOT BE LIABLE FOR, INCIDENTAL, SPECIAL, INDIRECT, COVER, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUE, PROFIT, SAVINGS OR BUSINESS, 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 GOOD WILL, OR LOSS OF DATA. YOU HEREBY EXPRESSLY WAIVE ANY RIGHT OR CLAIM TO INCIDENTAL, SPECIAL, INDIRECT, COVER, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF REVENUE, PROFIT, SAVINGS, OR BUSINESS, 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 GOOD WILL, LOSS OF DATA, OR ANY OTHER DAMAGES YOU OR ANY PARTY IN INTEREST MAY HAVE OR WHICH MAY ARISE IN THE FUTURE IN CONNECTION WITH ANY SUCH PROCEEDING, CLAIM, OR CONTROVERSY, WHETHER THE SAME IS RESOLVED BY ARBITRATION, MEDIATION, OR OTHERWISE.
ACCORDINGLY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EPG BE LIABLE TO YOU OR ANY PARTY IN INTEREST FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) USE OF THE PLATFORM, DOCUMENTATION OR SERVICES; (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR OR ANY PARTY IN INTEREST'S ACCESS TO AND USE OF THE PLATFORM, DOCUMENTATION, OR RELATED SERVICES; (IV) ANY UNAUTHORIZED COMMUNICATION TO EPG, ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, DOCUMENTATION, OR SERVICES BY ANY THIRD PARTY; (VII) ANY LOSS ARISING FORM THE PLATFORM, DOCUMENTATION, OR RELATED SERVICES; (VIII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE, OR THE USE OF ANY PARTY IN INTEREST, OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, DOCUMENTATION, OR RELATED SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (IX) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS.
Dispute Resolution
Any and all disputes arising out of, or relating to, this Privacy Policy, the Platform, an Account, or a transaction associated with an Account including any alleged breach or any other theory of recovery or claim, at law, in equity, or by statute, which You or any Party in Interest now have or which may hereafter accrue or otherwise be acquired or asserted on account of, or may in any way grow out of, this Privacy Policy, the Platform, an Account, or a transaction associated with an Account or any alleged breach thereof shall be resolved with the procedures provided for in the Terms and Conditions.
No Jury Trial
You and all Parties in Interest understand that, absent the Dispute Resolution provision of this Privacy Policy, You and the Parties in Interest would have the right to sue in court and have a jury trial, and You and all Parties in Interest acknowledge and agree that You and all Parties in Interest have knowingly waived Your right, and the right of all Parties in Interest, to sue in court and have a jury trial.
Class Action Waiver
You and all Parties in Interest further acknowledge and agree that, consistent with the preceding, any dispute resolution shall be conducted in Your or any Party in Interest's respective individual capacities only and not as a class action or other representative action, and You and all Parties in Interest expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that the alternative dispute resolution process can proceed on a class basis, then the alternative dispute resolution process set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to the alternative dispute resolution provision.
Good Faith
As used herein, “Good Faith” refers to an action or decision (or lack thereof) that meets any one or more of the following criteria:
Any action or inaction not made in Good Faith by one person or entity shall not be attributed to any other person or entity.
Materiality of Provisions
BY ACCESSING OR USING THE PLATFORM, YOU AND ALL PARTIES IN INTEREST ACKNOWLEDGE AND AGREE THAT ALL PROVISIONS OF THIS PRIVACY POLICY, INCLUDING BUT NOT LIMITED TO THE LIMITATION OF LIABILITY, INDEMNIFICATION, CHOICE OF LAW, JURISDICTION, SUBPOENAS, AND DISPUTE RESOLUTION PROVISIONS, AND ANY OTHER PROVISIONS AND AGREEMENTS INCORPORATED HEREIN BY REFERENCE ARE MATERIAL TERMS AND THAT ABSENT SAID PROVISIONS, EPG WOULD NOT AUTHORIZE ANY ACCESS TO, OR USE OF, THE PLATFORM OR ANY SERVICES ASSOCIATED THEREWITH. ADDITIONALLY, BY ACCESSING OR USING THE PLATFORM, YOU AND ALL PARTIES IN INTEREST ACKNOWLEDGE AND AGREE THAT ALL PROVISIONS HEREIN ARE COMMERCIALLY REASONABLE, FULLY DISCLOSED, AND CONSISTENT WITH THE PURPOSES OF THE PLATFORM AND THIS PRIVACY POLICY. ACCORDINGLY, AND PURSUANT TO THE FOREGOING, BY ACCESSING OR USING THE PLATFORM, YOU AND ALL PARTIES IN INTEREST WAIVE ANY AND ALL OBJECTIONS TO THE PRECEDING AND AGREE TO BE BARRED FORM ANY AND ALL ACTIONS DISPUTING THE APPLICABILITY, ENFORCEABILITY, OR EFFECT OF THE PROVISIONS OF THIS PRIVACY POLICY.
No Interpretation Against Drafter
You and all Parties in Interest recognize that this Privacy Policy is a legally binding contract and acknowledge that You and all Parties in Interest had the opportunity to review its contents and consult with legal counsel of choice before creating a user account and using the Platform. You and all Parties in Interest acknowledge and agree that in any construction of the terms of this Privacy Policy, the same shall not be construed against any party on the basis of that party being the drafter of such terms. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Privacy Policy against the drafting party has no application and is expressly waived.
Survivability and Enforceability
Any clause, provision, or section of this Privacy Policy, or any amendment hereto, shall be void if it violates applicable law. If, pursuant to the terms herein, a mediator, arbitrator, or court of competent jurisdiction rules that any clause, provision, or section of this Privacy Policy, or any amendment hereto, is illegal or invalid, then such clause, provision, section, power, or obligation shall be deemed to be written only to the extent permitted by law, and the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby. The provisions of this Privacy Policy shall survive any termination of Your use of the Platform, related services, or information We supply.
No Waiver; Cumulative Remedies
Our failure or delay in exercising any of Our rights, remedies, powers, or privileges hereunder shall not be construed as a waiver of Our rights, remedies, powers, or privileges hereunder except if so established by an executed written instrument approved by the Board of Directors. Further, any failure or delay in exercising any of Our rights, remedies, powers, or privileges hereunder shall not be deemed as Our (i) acquiescence to any default or event of default or (ii) breach of any of the terms herein. Likewise, no past or future failure to exercise, nor any delay in exercising, on Our part of any right, remedy, power, or privilege hereunder or under the other applicable documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers, and privileges herein are cumulative, may be exercised singularly or concurrently, and are not exclusive of any rights, remedies, and privileges provided by law or by this Agreement or other agreement. For clarity, a properly executed waiver or partial waiver by Us pursuant to the terms of this Section of any right or remedy hereunder shall not be construed as a bar or waiver to any right or remedy We would otherwise have on any future occasion. Moreover, in all circumstances, We shall retain the unfettered right to enforce such rights at any time and take any and all such action(s) as might be lawful or authorized hereunder, either in law or equity, including barring the actions of others based on a claim or theory of waiver, breach, or default. Finally, We reserve the right to rescind Our waiver and pursue enforcement of the previously-waived rights, remedies, powers, or privileges hereunder.
Eastern Point Global, LLC (EPG) operates exclusively outside of the United States (U.S.) and its services are not offered in the U.S. and no U.S. citizen, resident, or entity is eligible to utilize said services nor is any citizen, resident, or entity of St. Kitts or Nevis eligible to utilize said services.
EPG offers a variety of escrow, ministerial services, trust administration, and fiduciary services as they apply to the operation of a Nevis International Exempt Trust. EPG only offers fiduciary services in jurisdictions where EPG is authorized to provide such services and then pursuant solely to the terms of the associated governing documents. EPG may act in a ministerial non-fiduciary capacity as an escrow agent when applicable. Fees charged are exclusively for ministerial services, fiduciary services, or system licensing fees to access the technology-based systems. The content herein is provided as, and limited to, information and descriptions of the features and benefits of EPG’s services, products, and requirements when applicable. This document is for informational purposes only and is not an offer to sell, a solicitation, or an offer to buy any security. Nor is the content herein an offer to provide legal, fiduciary, 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. EPG and its affiliated parties are not law firms, are not a lawyer referral service, and do not act as your attorney or investment advisor. EPG is not a substitute for the advice of an attorney or an investment advisor; as such, EPG does not provide any advice, explanation, opinion, or recommendation about possible legal rights, express any legal guidance on the matters contained herein, nor provide investment advice or management. As appropriate, seek the advice of an attorney if you have questions concerning legal questions, remedies, defenses, or options, or seek the advice of a licensed investment advisor related to trust holding(s) or investments. EPG and its affiliated companies are not broker-dealers and only forward your instructions to executing custodians/broker-dealers. No U.S. or St. Kitts/Nevis custodied assets are allowable. The information provided herein is not a contract or any representation or offer you should rely on. The terms of the applicable agreement shall supersede and have precedent over any information provided herein.