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What is a trust protector? What are the duties and powers of a trust protector? Trust Protector can be someone close to family or your accountant, CPA or lawyer.

When presenting potential clients with different asset protection options, systems, and strategies, one of the questions asked is if I would be willing to act as their Trustee.Yes, I reply but only as a temporary basis and with a resignation letter. The temporary basis allows me to act quickly without fanfare and time consuming communications between the assets and their financial goals.

As an alternative, my answer is, "No, I don't want to serve as a Trustee, but I will gladly offer my services as the Trust Protector." The role of a Trust Protector takes up less of my time and I can educate the Trustee in his day-to-day responsibilities.

What's a Trust Protector?

In offshore Foreign Asset Protection Trusts the role of "Asset Protector" is a standard. Offshore countries have extensive networks of Trust Companies specifically designed to accommodate the implementation of Trust Agreements with ready Trustees. The election to have a Trust Protector, who is usually a United States Person, is a normal offshore business transaction.

Although in Foreign Asset Protection Systems the role of the Trust Protector is a standard, domestically in the United States, only a few states have a legally recognized the dual existence of Trustee and Trust Protector. Those states are Alaska, Delaware, Idaho, South Dakota, and Wyoming.

The power of the Trust Protector is derived from the Trust Contract. The Agreement sets forth the dual function of the Trustee and the Trust Protector. While the Trustee can be a bank or trust company, or other financial institutions, the Trust Protector is usually a person close to the family, a CPA, accountant, or lawyer who is already the family consigliore.

The Trust Protector's Powers

The Trust Protector's powers can take any form, limited only by the wishes of the Grantor(s) and their imagination. Generally, the powers granted the Trust Protector are:

• Ability to remove or replace the Trustee. Often this is the only power granted to the Trust Protector. In cases where the Trustee is a corporate body (bank, trust company, insurance company, or professional trustee) if the Trustee is unresponsive or not performing to the Trust Agreement for the benefit of all Beneficiaries, or changes in management, or investment choices, the Trust Protector can fire and replace the Trustee, at will, without explanation to the current Trustee.


• Ability to change the Trust's situs to take advantage of law changes or necessary steps to act in the best interest of beneficiaries if they move from low tax states to high tax states, i.e. from California or New York (high tax states) to New Hampshire, or Nevada (low tax states) or changes in laws occurring long after the initial implementation of the Trust Agreement.


• Ability to resolve deadlocks between co-trustees or in squabbling between the Trustee and/or Beneficiaries.


• Ability to control spending over a certain amount. This level of control is significant if disbursements of the Trust are in excess of pre-arranged amounts requiring two signatures of the Trustee and the Trust Protector i.e. in excess of $10,000.


• Ability to veto distributions to Beneficiaries. Before distributions are to occur the Trust Protector may want to investigate the financial stability of the Beneficiaries. For example, if the beneficiary is being sued, The Trust Protector may withhold distributions, or the Beneficiary is undergoing divorce proceedings, or the Beneficiary may be too young, is under duress, mentally incompetent, unable to manage, or otherwise unavailable. The Trust Protector can override/veto the Trustee and withhold distributions temporarily or permanently make other arrangements such as buy the assets necessary for the benefit of the Beneficiary (buy a house, a car, sign a rental agreement, but have the Trust own the assets, make loans or make other provisions.


• Ability to veto investment decisions. This checking and balancing of investment decisions are based on the Trust Protector's experience, prudence, and the Trust Agreement guidelines in protecting the assets for the Beneficiaries.


• Ability to sue and defend lawsuits against the Trust assets. The fiduciary duty of the Trustee and The Trust Protector as to save the assets of the Trust, at any cost, for the benefit of all classes of Beneficiaries.


• Ability to terminate the Trust. If in the opinion of the Trust Protector there are insufficient funds or the cost of administration is greater than available cost/benefit, the Trust Protector may terminate the Trust, as for example, if all beneficiaries have received their distributions based on age (over the age of 21) and there's one minor beneficiary currently 10 years old, and there aren't enough assets to administer the Trust for the next 11 years, the Trust Protector has the power to make the final distribution and terminate the Trust.

Trust Protector's Role

The Trust Protector's role is created by the Trust Agreement to add an additional layer of protection and is usually a person most familiar with the Grantor's long-term financial and personal goals. A Trust Protector usually is the balance of power between the Trust Agreement, the Trustee, The Grantor, and the Beneficiaries.

Neither the Trustee or the Trust Protector should be a family member, nor anyone related to the family by blood or marriage. Both positions should be independent of each other acting in the long-term interest of the beneficiaries.

MyUltraTrust.com will reimburse you up to $65,000!

MyUltraTrust would like to be involved in your process from the outset. In order to qualify for the reimbursement, you, your trustee, your personal representative or your beneficiaries (“you”) must notify us in writing* within 30 days of a question of your trust’s validity. For example, if you are in probate court and a relative brings a lawyer who makes it known that he or she will be challenging the validity of the trust, you have thirty days to notify us. At this point, we may be in a position to help or advise you or even put you in touch with an attorney who understands the Ultra Trust.

MyUltraTrust may want to help you appeal your case and possibly mitigate your damages. To make a claim for reimbursement, “you” must notify MyUltraTrust.com in writing* of the judgement of the court whereby the court invalidated your trust because it was created through the internet. This notification must arrive at MyUltraTrust.com within the court’s statute of limitations for an appeal.

Call MyUltraTrust with any questions you might have before making any major decisions. This guarantee does not cover any failure by you to abide by our Terms of Use or Terms of Service, any situation where there is comparative or contributory negligence by anyone (other than MyUltraTrust.com), or any failure to meet any subsequent requirements after you receive your Document from MyUltraTrust.com, including, but not limited to:

• Properly executing your Document.
• Properly funding your Ultra Trust Irrevocable Trust.
• Having your Document properly notarized and/or witnessed.
• Failure to update your Document after significant events such as having kids, marriage, divorce, etc.
• This guarantee does not cover any issues caused by or related to inaccurate, untruthful or unlawful information provided by you or your agents to MyUltraTrust.com.
• This guarantee does not cover any requirement by a financial institution that you fill out an additional form for funding or other purposes.
• This guarantee only covers instances where the Document is declared invalid in its entirety. By purchasing from MyUltraTrust.com, you agree that MyUltraTrust.com will not be responsible for any consequential damages.
• This guarantee will remain in effect as long as you meet all subsequent requirements to sign and effectuate your Document and do not conduct any illegal or fraudulent activity with your Document (including fraudulent conveyance as defined here), and is made notwithstanding any limitation of liability in our Terms of Use or Terms of Service.
• MyUltraTrust.com reserves the right to amend this guarantee unilaterally at any time by posting the new terms on the MyUltraTrust.com website.

Updated September 1, 2013.

In order to qualify for the reimbursement, all of the above requirements must be met. Failure to meet any of the above requirements will preclude “you” from being eligible for the $65,000 reimbursement.

* Notices should be sent by U.S. certified mail to our corporate headquarters, Attn: General Counsel. You, your trustee, your personal representatives or beneficiaries are the only people who may initiate a claim on this guarantee. Claims cannot be made on a class or representative basis.

How the Advanced Healthcare Directive can control your medical care to consent or refuse any medical treatment, make decisions not to resuscitate, select healthcare providers, apply for Medicaid, appoint an Agent to be guardian and provide for disposition of body.

An Advanced Medical Directive deals with life's real issues and combats the problems that arise where most boilerplate healthcare powers of attorney, healthcare proxies, living wills and others fall short. The Terri Schiavo case is a prime example of such a problem where the power to control one's medical condition becomes a gray realm and ends up in a myriad of appeals, numerous motions, petitions and hearings for many years in litigious battle. The result is much heartache, financial strain and most often unrealized unwanted outcomes.

What is an Advanced Healthcare Directive? Top Ten Factors for Your Medical Care

An Advanced Medical Directive is a legal written instrument signed by you and the individual you identify as your Agent to control your medical care with both signatures supervised before a notary public. Herein are the top ten reasons how an Advanced Healthcare Directive can make legal, life-saving decisions for you when you cannot. Your written instrument should contain:

1. Legal identity of yourself, mailing address, social security number.


2. Legal appointment and identity of your Agent's mailing address and social security number.


3. Legal identity of an alternative Agent, in case where your primary Agent is unavailable, or unable to make decisions, or unwilling to make decisions.


4. An articulated written authorization for your Agent:


• To consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition, including approval or disapproval of diagnostic tests, medical or surgical procedures.


• To request, receive, examine, copy, and consent to the disclosure of medical information or any other healthcare information.


• To make decisions regarding orders not to resuscitate as well as decisions to provide, withhold, or withdraw artificial nutrition and hydration, and all other forms of healthcare to keep you alive.


• To select and discharge health care providers, organizations, institutions and programs and to make and change healthcare choices and options relating to plans, services, and benefits.


• To apply for public or private healthcare programs, to include Medicare, Medicaid, and any benefits without your Agent incurring any personal financial liability.


• To direct that your healthcare providers and others involved in your care provide, withhold, or withdraw treatment in accordance with the limits of generally accepted healthcare standards.


• To decide not to prolong your life if you have an incurable and irreversible condition that will result in your death within a relatively short time, or you become unconscious and, to a reasonable degree of medical certainty, you will not regain consciousness, or the likely risks and burdens of treatment would outweigh the expected benefits.


• To direct treatment or withhold treatment to alleviate pain or discomfort even if it hastens your death.


• To the extent that your wishes are unknown to your Agent, your Agent may make all healthcare decisions in accordance with your best interest considering your personal values and other factors known by your Agent.




5. An appointment of your Agent to become your Guardian if there's a reason for a legal appointment of such a Guardian, together with power for the Alternative Agent to become the Guardian in cases where the primary Agent is unavailable, or unwilling to serve.


6. A very important paragraph to negate your consent to committing you or to place you in a mental health treatment facility, or to convulsive treatment, or to psychosurgery, sterilization, or abortion.


7. Participation or non-participation to the donation of your organs and body parts for purposes of transplant, therapy, research, or for other educational purposes.


8. A severability clause not to void the agreement or any provisions of the agreement considered non-essential to the primary purpose and essential to the principal objective.


9. A modification clause allowing the agreement to me modified or revoked at any time.


10. A provision for the final disposition of your body and any funeral arrangements.

In conclusion, a Medical Directive is a morbid action to take, nobody wants to think about dying, but in this case, it could save your life.

Defines what is a Financial Directive and its need in advanced estate tax planning. Compare the Financial Directive with general Power of Attorney. What provisions you do not want to assign to your agent.

I recently wrote about the absolute need for a Medical Directive granting the "exclusive power" to your Agent for the purpose of communicating your healthcare wishes and to instruct those in charge of your medical care and to respond to the actual facts and variables known when an actual healthcare decision needs to be made. Your Medical Directive becomes effective, when:

1. You cannot communicate your own
   wishes for your medical care:


• Orally,
• In writing, or
• Through gestures, and


2. You are diagnosed to be close to death from a terminal condition, or to be permanently comatose, and


3. The medical personnel attending to your care are notified of your written directions.

What is a Financial Directive?

To summarize, a "Medical" Directive is a legal Instrument addressing the issue(s) of your healthcare and a "Financial" Directive is legal financial Instrument that empowers your Agent over all your financial matters and to exercise or perform any act under a recognized "Principal / Agent" relationship, with power, duty or right of any obligation whatsoever over everything that you now presently have or may thereafter acquire in the future, relating to any person, matter, transaction or property, real or personal, tangible or intangible, now owned by you or thereafter acquired by you, including, without limitation, general powers and specifically enumerated powers as to each possible event or circumstances.

In order for your Financial Directive to be legally binding on all third parties, the third parties so notified of your Principal/Agent relationship, your instrument must be in writing, properly witnessed or notarized with power to indemnify all those who accepted it in good faith.

Your Financial Directive should grant your Agent full power and authority to do everything necessary in exercising any of the powers as fully as you might or you could do if you were personally present, with full power of substitution or revocation, ratifying and confirming all that your Agent may lawfully do or cause to be done by virtue of your Financial Directive.

Essential Estate Tax Planning: The Financial Directive

A Financial Directive should be part of your estate tax planning. Your Financial Directive Instrument should address the following general powers and specifically enumerate those powers as to each possible event or circumstance:

1. Demand, receive, and obtain by litigation or otherwise, money or other thing of value to which the Principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received for the purposes intended.


2. Contract in any manner with any person, on terms agreeable to the Agent, to accomplish a purpose of a transaction, and perform, rescind, reform, release, or modify the contract or another contract made by or on behalf of the Principal.


3. Execute, acknowledge, seal, and deliver a deed, revocation, mortgage, lease, notice, check, release, or other instrument the Agent considers desirable to accomplish a purpose of a transaction.


4. Prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to a claim existing in favor of or against the Principal or intervene in litigation relating to the claim.


5. Seek on the Principal's behalf the assistance of a court to carry out an act authorized by your Financial Directive Instrument.


6. Engage, compensate, and discharge an attorney, accountant, expert witness, or other assistant as it becomes necessary or relevant to principal objective(s).


7. Keep appropriate records of each transaction, including an accounting of receipts and disbursements.


8. Prepare, execute, and file a record, report, or other document the Agent considers desirable to safeguard or promote the Principal' s interest under a government statute or governmental regulation.


9. Reimburse the Agent for expenditures properly made by the Agent in exercising the powers granted by this Instrument.


10. In general, do any other lawful act with respect to the subject at hand.

When does Your Financial Directive Become Effective?

Your Financial Directive becomes effective when you are considered disabled or incapacitated.

For purposes of your Financial Directive Instrument, "disabled or incapacitated" means when a physician certifies in writing at a date later than the date of your Instrument was executed that, based on your physician's medical examination of you, your doctor declares you mentally incapable of managing your financial affairs.

Your Financial Directive should have a paragraph to "legally authorize your/the physician" who examines you to disclose your physical or mental condition to another person for validation. You may even authorize a second physician for a second opinion. Subsequent to this verification and disclosure of your incapacitated condition, a third party that accepts your Financial Directive is fully protected from any action taken.

Financial Directive Compared to General Power of Attorney

I am reminded of cases where the spouse is precluded to sit in important business meetings of which her temporarily incapacitated husband was a member, and decisions were being made affecting her husband's interest in the business. While a general power of attorney may have been sufficient, but more likely would have required further court action. The Financial Directive is a significantly stronger Instrument than a general power of attorney, and would have specifically addressed issues concerning the spouse's ability to sit and vote with the Agent, in decisions affecting the business, and more specifically her ownership interest in the business, with ability to bring in professional assistance to consult with her on such important matters.

Cautionary Provisions Within Your Financial Directive You Do Not Want to Assign to Your Agent

While we have enumerated the specifics of the powers to your Agent, there are some powers you would not want your Agent to have:

1. Your Agent cannot execute a will or codicil on your behalf.


2. Your Agent cannot execute any trust on your behalf; however, your Agent can enter into a custodial agreement with another "independent" individual or bank with trust powers.


3. Your Agent cannot divert your assets to himself [or herself], his [or her] creditors or his [or her] estate.


4. Your Agent shall not exercise, and shall not be vested with any incidents of ownership as to insurance policies insuring your life and shall have no power and no authority over life insurance policies you may own on your Agent's life.


5. Your Agent is your FIDUCIARY, possessing no general or limited power of appointment.


6. Your Agent shall not exercise any powers which you received from your Agent in a fiduciary capacity, and your Agent shall have no authority to exercise any powers, the exercise of which would cause any of your assets to be considered as taxable in your Agent's estate for the purposes of the federal estate tax or the inheritance tax.

Your Agent shall have NO Power to void or modify any portion of your Financial Directive in any way whatsoever.Only the Principal may revoke or amend by written notice to all parties and only by certified mail with return receipt.

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Vertex operates and administers the site from its offices located in the United States. Visitors accessing the site from locations outside of the U.S. are responsible for compliance with local laws in their country. Users of the site agree not to use it or the documents and content in any manner that is prohibited by the laws, customs or regulations of any country.

12. Financial Advice Disclaimer

Visitors understand that the site contains information about asset protection and estate planning strategies and philosophies, but this information and content does not constitute advice related to a site visitor’s business or personal financial circumstances, nor is it intended as a recommendation or advice to be followed by a site visitor. None of the content or documents on the site is intended to be suitable for any specific situation or person. Visitors understand that opinions regarding trusts or other strategies may involve risks and may not be suitable for every person or every situation. Visitors to the site are urged to consult with an attorney, financial planner, accountant or other licensed and qualified professional before undertaking any of the strategies or using any of the documents available on the site.

VERTEX ACCEPTS NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE MATERIALS, CONTENT OR DOCUMENTS AVAILABLE ON THE SITE OR AS A RESULT OF THEIR APPLICATION TO THE PARTICULAR CIRCUMSTANCES OF THE INDIVIDUAL VISITOR. DOCUMENTS AND SITE CONTENT ARE USED AT THE SOLE DISCRETION OF SITE VISITORS WHO ACKNOWLEDGE DOING SO AT THEIR OWN RISK.

13. Conduct of Visitors to the Site

Visitors understand that use of the site is granted at the express permission and consent of Vertex and can be withdrawn at any time without notice. Visitors acknowledge their understanding that interference with another person’s use of the site will not be tolerated and will result in the offending user’s loss of site access. Visitors are prohibited engaging hacking, using viruses or Trojans, changing the site content or structure, interfering with site security and collecting data from other visitors to the site. The use of cookies, phishing, or other methods to obtain personal or confidential information from site visitors is strictly prohibited. Visitors agree to comply with all laws and regulations pertaining to use of the site and its documents and content.

14. Interruption of Service

Vertex shall not be responsible for damages caused by an interruption of site service whether such information is with or without notice to registered or new visitors. Vertex does not guarantee uninterrupted or continuous site service.

15. Jurisdiction

Vertex operates the site from offices located in Massachusetts. Vertex is subject to the laws of the state of Massachusetts and visitors to the site agree that the Terms of Use shall be governed by Massachusetts laws. Access to the site is given with the understanding that visitors agree that doing so is an acknowledgement of the application of Massachusetts law.

All parties to these Terms of Use agree that jurisdiction for any disputes shall be in the state of Massachusetts./p>

16. Dispute Resolution Procedures – Binding Arbitration

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at (855) 219-8800.

In the unlikely event that the Vertex Management Group LLC Customer Care Department is unable to resolve your complaint to your satisfaction (or if Vertex Management Group LLC has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration rather than in a court of general jurisdiction.

Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. By using this website and its services, you agree that any arbitration will take place on an individual basis and that class arbitration and class actions are not permitted and are specifically waived.

17. Arbitration Agreement:

A. Vertex and site visitors agree to arbitrate all disputes and claims that might arise between them before a single arbitrator. The types of disputes and claims subject to arbitration are to be broadly interpreted and include, without limitation, the following:

• Disputes that arise from the relationship between Vertex and the visitor, regardless if the claim is one founded in contract or tort, in the laws of any jurisdiction, based on fraud or misrepresentation or arising in theories of law or equity
• Disputes that currently are the subject of class action litigation of which the visitor is not yet a member of the class
• Disputes arising after the termination of these Terms of use or prior to the terms of use being instituted

For the purposes of this Arbitration Agreement, references to Vertex include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Vertex on behalf of site users. Visitors agree that, by entering into these Terms, you and Vertex are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this clause. This arbitration agreement will survive termination of these Terms.

B. In consideration of the timely and cost effective resolution of controversies between the parties, all such controversies regarding these Terms or the rights of the parties in it shall be submitted to binding arbitration with Case Closed Babick Dispute Resolution Services. The parties agree to waive their rights to a jury trial, punitive damages, or tort damages, as a result of these Terms or enforcement of the arbitrator’s award.

C. The parties agree that venue in any dispute lies in Middlesex County, Massachusetts, and the parties waive their rights to a jury trial for any claims or counterclaims. This arbitration clause shall survive the termination or the breach of Terms. If any provision of the arbitration agreement is held invalid, the invalidity shall not affect other provisions of this arbitration agreement.

D. A party intending to seek arbitration must first send, by USPS certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Vertex shall be addressed to the following Notice Address:

Newton, Massachusetts 02466

E. The claim notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought ("Demand"). If Vertex and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Vertex may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Vertex is entitled.

F. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and Vertex agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.

G. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

H. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these terms including, but not limited to, any claim that all or any part of these terms of use are void or voidable. If this specific provision is found to be unenforceable, it is severable from the rest of the arbitration clause and shall not affect enforceability.

18. Mutual Cooperation and Withdrawal

In order for Vertex to properly assist you, you have an affirmative obligation to assist and cooperate with VERTEX during this engagement. You will be required to furnish certain information and/or documents, and you may be expected to provide documentation promptly and without delay as requested by us. You must make yourself available to discuss issues as they arise throughout this process.

Lack of communication or non-cooperation will be grounds for our withdrawal from providing services. This may include, but is not limited to, a withdrawal as a result of your failure to honor the terms of this agreement, your failure to pay amounts billed in a timely manner, your failure to cooperate or follow our advice on material matter, or any fact or circumstance that would, in our view, impair an effective relationship or would render our assistance unlawful or unethical.

If we elect to withdraw for any of the above stated reasons, VERTEX shall be entitled to payment for all services rendered and disbursements and other charges made or incurred on your behalf prior to the date of withdrawal. If you elect to withdraw without a completed engagement, VERTEX has the right to charge you on a prorated basis for the time and resources expended in providing services to you or on behalf of your project.

19. Minors and Children

Vertex complies with the Children’s Online Privacy protection Act by not collecting any personal identification information from anyone under 18 years of age. Vertex services are only offered and directed toward those individuals who are 18 years of age or older.

Use of this site, including the information and services available on it, is limited to individuals who are at least 18 years of age. Use of the site by children or minors under the age of 18 is strictly prohibited. Use of the site is an acknowledgment and representation that the user is at least 18 years of age. Anyone using the site who is under 18 years of age is cautioned not to submit any personal information to Vertex through the site or in any other manner.

20. Testimonials and Endorsements

From time to time, the site might contain media hosts or spokesmen endorsing the site, Vertex, MyUltraTrust and www.MyUltraTrust.com and products, services or content offered by them. Such media hosts and spokesmen may appear as both paid and unpaid participants in advertising or promotional campaigns conducted by Vertex or agencies working on behalf of Vertex.

21. Third Party Payment Services

Vertex offers documents for purchase at its website. Vertex does not control the practices or policies of third party payment services such as credit cards, debit cards and other forms of electronic payment. Privacy policies and business practices of these third party payment services should be reviewed by you prior to using them to make purchases at the Vertex site.

When purchasing products or services from Vertex, visitors represent and agree that any credit information supplied by them shall be true, accurate and complete; that charges incurred by them will be honored by their credit card company, bank or financial institution; and they will pay the charges incurred at the posted prices, including any applicable taxes.

Visitors are responsible for reimbursing Vertex for the cost of any check that is returned unpaid by the visitor’s bank and for any charges incurred by Vertex due to credit or debit card transactions that are not honored by the visitor’s bank or financial institution. Visitors also agree to reimburse Vertex for the cost of collecting any and all debts incurred by the visitor including interest.

22. Right to Contact You

Your use of the Site and submission of your telephone number to Vertex shall be deemed an inquiry by you to Vertex. You agree that Vertex may use such telephone number to contact you about the products, services or other matters regarding the site notwithstanding the fact that such telephone number might appear on the do not call lists operated and maintained under authority of any state or federal law or regulation.

23. Rights of Ownership

All logos, images, text, page headers, graphics and icons used on the site are service marks, trademarks or trade dress of Vertex. Permission to use the site does not grant the user or visitor any rights in the content other than as might be expressly contained in these terms of use. All other trademarks, product names, company names and company logos used on the site are the property of their respective owners.

24. Refusing Service

Vertex, as the owner of the site, reserves the right to refuse site access or use to anyone at its sole discretion without prior notice or explanation. This reservation of rights by Vertex includes the right to terminate or to cancel the account of a registered visitor to the site solely within its judgment and discretion.

25. Severability

If any of these terms of use are determined by any court, regulatory agency or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, then the unlawful or unenforceable part will be deleted, and the rest of the provision will continue in effect.

26. Entire agreement

These terms of use contain the entire agreement between Vertex and the site visitor in relation to your use of this website. These terms supersede all previous agreements in respect of the use of the site.

27. Acknowledgment and Acceptance of Terms of Use

Using or accessing websites owned by Vertex represent an acknowledgment that you have read these terms of use, that you understand the rights and obligations of each of the respective parties mentioned in the terms of use, and that you acknowledge your agreement and willingness to be bound by each and every of the provisions contained in them. Vertex reserves the right to modify, amend and alter the terms of use at any time without prior notice of any kind.

28. Contact Information

Vertex Management Group LLC welcomes your questions, comments and concerns regarding these Terms of Use or any of the websites, products or services it offers. You may contact Vertex by using any of the following methods effective as of October 1, 2013:/p>

Newton, Massachusetts 02466

help@myultratrust.com

(855) 219-8800

modified: Feb 21, 2014

MyUltraTrust Website Privacy Policy

MyUltraTrust.com and its parent company, Vertex Management Group LLC (referred to in this statement as “us,” “we” or “Vertex”), are committed to protecting the privacy of you, the visitors to and users of (referred to as “you” or “Visitors”) the website www.MyUltraTrust.com (referred to as the “Site”). This privacy statement reflects our most current privacy practices concerning the data and information we collect from you and your computer’s interaction with the Site. Use of the Site shall be an acknowledgment by that you read, understand and fully consent to the practices described in this privacy policy.

1. Personally Identifying Information

Personally Identifying Information referred to in this privacy policy means any information that could reasonably be used to identify you. This might include your name, address, e-mail address, Social Security number, birth date, bank account information, credit card information or any combination of information that could be used to identify you.

2. Use of Personal Information

Visitors to the Site are offered highly personalized products, services and informational content that require them to provide personal information. We agree not to use the personal contact information you give us for reasons other than contacting you regarding the Site and the information it contains. Your personal information will not be sold or given to third parties without your consent. The personal information you give us will be kept in strict confidence, and it will not be misused or mishandled.

We agree never to use or share the personal identification information gathered from you other than as described in this privacy policy. Before we use any of your personal identification information that you have given us, we will give you an opportunity to prevent us from doing so by opting out.

We may use your personal identification information that you have provided to us to fulfill orders for services or products that you place using the Site. We may also use such information to protect ourselves from liability, to respond to legal process, to comply with the law, to investigate allegations of fraud, or to investigate and respond to suspected violations of the Site Terms of Use or other policies.

3. Use of Emails

Registered users of the Site might be asked for personal information such as email addresses, full name or other contact information at the time of registration. We may use this information to prepare an email list that will not be sold or given to third parties. Registered users of the Site will be given the option on registration of receiving newsletters, informational material or promotional material periodically from us.

4. Responding to Emailed Inquiries

We will use the return email address to answer or respond to inquiries sent to us from Visitors. We will not use the return email address for any purpose other than as stated in this privacy policy, nor will we share or sell it to a third party. Email addresses used in inquiries will not be added to our email list unless we are specifically requested by the Visitor in writing to do so.

5. Frequency of Newsletters via Email

We endeavor to send MyUltraTrust newsletters to registered Visitors according to a predetermined sequence linked to a Visitor’s confirmation at the Site to opt in to receive them. The following is the sequence we try to maintain:

Periodically, you may receive an additional newsletter from us containing updates, news or information that we believe might be important to you and your family.

6. Reporting Spam or Other Email Abuses

If you believe you are the victim of abusive, unwanted or malicious emails that have originated from our Site, please send us a copy of the email in question along with the message header. We will endeavor to investigate your concerns and, if the problem arose within out Site, we will attempt to resolve the issue.

7. Information We Obtain from Customer Surveys

Periodically, we might ask you to participate in a customer survey. Participation is voluntary, but we encourage you to participate as they help us to improve the products and services we offer to our clients. Personal information we obtain through these surveys is confidential.

Information we obtain from the surveys that is not in the category of personal identifying information will be used by us in the development of services, products and delivery system improvements. Such non-identifying personal information might be shared by third parties providers.

8. Use of Cookies at Our Site

We use cookies in the collection, storage and tracking of information for statistical purposes. Information might be gathered about Site use to assist us in improving content or use of the Site. We may also use cookies to collect statistical, but not personal identifying information, about Visitors. The information we gather assists us in making improvements to the Site by telling us which content is the most popular and which products and services are of the most interest to Visitors.

Because our Site asks Visitors to register in order to gain access, we ask Visitors to create passwords for access purposes. Through the use of cookies, we are able to authenticate, recognize and store user information to facilitate Visitor navigation through the Site and customize content based upon the specific interest of a particular Visitor. Browser settings permit Visitors to disable cookies, but doing so might compromise some of the information or services available to you.

Our Site might use GIF files to assist us in managing advertising and marketing. If GIF files are provided to us by a third party and installed on the Site, they might permit the third party provider to recognize cookies that could be on a Visitor’s computer. We will not authorize third party providers to have access to the personal identifying information of Visitors through GIF files on our Site. GIF files permit us to evaluate the effectiveness of online marketing and the advertisements that might appear on the Site without compromising any personal identifying information of our Visitors.

9. Why Do We Use Cookies and GIFs?

Cookies, log files, GIFs and location information allow the site to offer visitors a better experience by recalling information entered on a previous visit to avoid having to reenter the information on each subsequent visit. They also allow us to offer personalized content and services and assist users in the efficient accessing of site information.

10. Use of Third Parties to Operate the Site

Trusted third parties might, from time to time, be used by us in the operations of the Site or to assist us in providing the services and products offered to Site Visitors. Some of these trusted third parties might, in the course of their work for us, have limited access to Visitor-provided information. Third party providers must agree to keep such information confidential and not use it for any purpose other than assisting us in our operation of the Site.

11. Confidentiality Related to Payments or Downloads

Our Site offers Visitors the opportunity to purchase products or services and to download purchased documents for their personal use. Third-party payment services used by Visitors for Site purchases are not within our direct control or supervision. We do not review or control policies or practices of such third-party payment services, so we cannot accept responsibility or liability for the privacy practices or policies of payment services used by Visitors. Visitors are encouraged to review the privacy policies and practices and the terms of use of payment services before giving them any personal identifying information to complete a transaction in connection with our Site.

12. Site Administration and Analysis

In order to provide the best Site experience possible for our Visitors, we may collect user data from web server logs. These and other tracking technologies permit us to compile site traffic and Visitor interaction data in order to improve existing Site features and to create new content, products and services in the future.

Web server logs allow us to track information based upon use of the Site. The information collected by us or trusted third parties we use to assist us does not track personal identifying information. Information we track through web server logs includes the internet protocol addresses of visitors, their internet connection speed, the type of browser used, the type of computer used, links clicked on within the Site, the country in which the accessing computer is located, the number of times a particular person visits the site, the language used to visit the site, the date and time of each visit, pages viewed on the site, destination after leaving the site, and the website or webpage from which a visitor linked to our site.

13. What We Do to Keep Your Information Safe

We use safeguards widely accepted as commercially reasonable to protect the information we collect on the Site from Visitors. Steps we take, such as asking you to create a unique username and password, are meant to help us to verify the identity of those requesting access to the Site and to your individual account. Maintaining the secrecy of your account access information is your responsibility. One of the ways you can do this is by not giving your account access information to others to use. Sharing your access information is solely within your control, and we cannot ensure the security of any personal identification information that you disclose to others. Although we value the importance of the security of the information you give through our Site and use appropriate procedures to safeguard it, we cannot guarantee against someone illegally hacking into our Site and obtaining confidential information.

If we experience a breach of security at our Site that compromises personal identifying information we have stored about you, we will take such reasonable measures to investigate the breach and notify visitors to our site whose information might have been compromised. We will take all steps within our control to comply with state and federal laws and regulations that might be applicable in the event of a breach of security.

14. Compliance with Children’s Online Privacy Protection Act

Access to our Site is restricted to those individuals who are at least 18 years of age or older. We do not collect personal identification information from anyone visiting our site that is younger than 18 years of age. We comply fully with the requirements of the Children’s Online Privacy Protection Act. Our site does not knowingly solicit anyone under 18 years of age to use it or to submit personal identification information. If you believe that we might have acquired information about a person who is younger than 18 years of age, please contact us immediately by using the contact information contained elsewhere in this privacy statement.

15. What You Can Do to Protect Your Information

We have established protocols within the Site to allow you to control your account information, contact information and email preferences. We offer you opportunities to opt out of receiving promotional communications from us or to change the email address to which such communications will be sent.

Factual errors pertaining to personal identifying information that we collect online and offline can be corrected on the Site when you access your account, but it can also be corrected by telephone by calling us at (855) 219-8800 or faxing a request to us at (508) 429-3034. Please note, that to protect your privacy and security when requesting a correction in your personal identifying information, we will take steps to verify your identity prior to granting you access to your account or prior to facilitating corrections.

16. Change of Ownership or Operation

Vertex Management Group LLC is the operator of the Site. In the event of a sale, merger, acquisition, dissolution, reorganization or other alteration in the ownership of the Site operator, the names and email addresses, and other user information of registered site visitors might be transferred as part of the transaction in order to maintain continuity of our high level of service to our customers.

17. Terms of Use

Our terms of use govern the use, disclaimers and liability limitations associated with our Site. The terms of use should be accessed at our Site and reviewed along with this privacy policy.

18. Changes to Our Privacy Policy

We reserve the right to make changes or add updates to this privacy policy without prior notification. Changes or updates will be accompanied by a new date at the end of this privacy policy indicating that it is the most recent statement.

19. Contact Information

Any questions or concerns regarding our privacy policy or how we implement it can be directed to us at the following address, email address and telephone number:

Newton, Massachusetts 02466

help@myultratrust.com

(855) 219-8800

20. Version of Privacy Policy

This privacy policy represents the latest revision in use as of February 17, 2014.

The MyUltraTrust Satisfaction Guarantee

Customer satisfaction is the goal of the services and support provided by MyUltraTrust. Building upon the advice and guidance we received from expert lawyers, business leaders, and CPAs when our company was founded in 1983, we continue to improve our services by leveraging the input from our clients over the past 30+ years to offer you the most powerful trust agreement and outstanding services in the United States. Because our clients want a company that stands behind its products and services, MyUltraTrust guarantees customer satisfaction by resolving a client’s concerns or by offering a refund or credit toward future purchases.

What You Must Do

Clients who are not satisfied with documents or services furnished by MyUltraTrust should call us toll-free at (855) 219-8800 during normal business hours. As long as we receive your request within 30 days from the date of your purchase, we will act upon it within five (5) business days from the date we receive the return of the documents and materials with which you are dissatisfied.

Fees and Charges We Cannot Refund or Credit

Fees or other charges paid to government entities cannot be refunded or credited back to you. We also cannot refund or credit payments you made directly to third parties who might have had a role in the processing of your order. Third-party payments for which we cannot offer a refund or credit include payments you might have made to attorneys, accountants or others for professional services to review your documents.

What We Will Do

If we cannot resolve the issue to your satisfaction, we will give you credit for the price you paid for the item within five (5) business days of our receipt of the returned item. The purchase price of the returned product will be credited to your MyUltraTrust account and may be used to purchase other products or services. Please note that we cannot give you credit for fees paid to third parties, such as government entities, attorneys, accountants or others, who participated in the processing of your order.

Using Credit for Future Purchases

You may use the credit we give you on the returned or exchanged product within 30 days from the date of purchase of the original product. If you do not use the credit within that period of time, or if the cost of the new product or service is less than cost of the the original product, the amount of the credit will be refunded to you in the same manner as your original form of payment. Credit card purchases will be credited back to the card used to make the purchase, and payments made by check will refunded by a check from MyUltraTrust that will be mailed to the billing address we have on file for you.

What MyUltraTrust Cannot Do

MyUltraTrust stands behind its products, but we cannot guarantee specific results or outcomes, nor can we be responsible for delays in processing caused by third parties over whom we have no control. The MyUltraTrust guarantee of satisfaction does not apply to services or products provided by third parties.

We at MyUltraTrust understand that a client’s needs and wishes might change, or there might be changes to a client’s personal or financial circumstances. Because we have invested significant time and effort to making certain you are getting the best money can buy for a fraction of the cost, this MyUltraTrust guarantee only covers satisfaction issues caused by MyUltraTrust - not changes for which we cannot be held responsible for such as your situation or your state of mind.

Updated Feb 10, 2014