Terms of Use
DeferringTheTax.com is owned and operated by DST Advisors, Inc. (“DST Advisors”). By using the website DeferringTheTax.com, (including but not limited to mobile, responsive web or otherwise), related data and/or related services (collectively the “Services”) you agree to be bound by the following terms of use, as updated from time to time (“Terms of Use”).
This website and information are provided for guidance and information purposes only. Investments involve risk and unless otherwise stated, are not guaranteed. Be sure to first consult with a qualified financial adviser and/or tax professional before implementing any strategy. This website and information are not intended to provide investment, tax, or legal advice.
IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information provided on this website is for educational purposes and is solely intended to provide and overview on how the Deferred Sales Trust™ works and can be implemented. DST Advisors and the Estate Planning Team do not provide legal, tax professional services, or advice. Each transaction and individual circumstances vary widely and participants are strongly urged to seek independent legal, tax and professional advice.
Permissible Use. Unless you are acting in your business or professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.
You acknowledge and agree that DST Advisors will have no obligation to provide you with any support or maintenance in connection with the Services.
Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
Acceptable Use. You agree not to use the Services in any way that is unlawful, illegal or causes harm to DST Advisors, its service providers, suppliers or any other user. You agree not to use the Services in any way that violates the Terms of Use or any other policy or notice on the Services. You agree not to distribute or post spam, intentionally improper information, chain letters, pyramid schemes, or similar types of communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party websites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information, lending, or other professionals, or other data or content available through the Services.
Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from DST Advisors. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.
You authorize DST Advisors to provide your name, address and contact information and other identifying information you provide to third parties. You may receive telephone calls or electronic communications from or on behalf of the DST Advisors or third-parties at the telephone number(s) you provide.
The Services may provide phone numbers that can connect you with DST Advisors, its service providers, or other third parties, such as loan officers, lenders or brokers. Some of the numbers listed may be routed through a third-party service (“Calling Service”). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to DST Advisors or through a Calling Service, you consent to such recording and monitoring. DST Advisors will treat recorded calls in accordance with its Privacy Policy.
Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to DST Advisors in connection with the Services or related to the Services (your “Submission”), you grant DST Advisors an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. DST advisors will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. DST Advisors may remove or modify your Submission at any time and for any reason. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant DST Advisors the rights in this paragraph, that DST Advisor’s use of the Submission will not infringe any third party rights and that the Submission complies with Sections 1 and 2 above. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services.
You may not share your user account with others. You are responsible for all actions taken via your account. DST Advisors will treat your use of the Services in accordance with its Privacy Policy. Certain DST Advisors functionalities may involve the distribution of your Submission to third party websites over which DST Advisors has no control. DST Advisors is not responsible for and makes no warranties or representations pertaining to these third- party websites, including but not limited to the content, availability, or functionality of such websites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party website and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site’s own privacy policy.
You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, DST advisors may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Section for more details.
The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then DST Advisors grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use.
Linked Materials and Third-Party Materials. The Services include links to third-party products, services and websites, as well as materials provided by third parties. DST Advisors does not endorse, and takes no responsibility for such products, services, websites, and materials. You understand that DST Advisors has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and DST Advisors takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
Claims of Copyright Infringement. DST Advisors respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify DST Advisor’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
By mail:
DST Advisors, Inc.
23901 Calabasas Road, Suite 2018, Calabasas, CA 91302
Attention: Legal
By e-mail: DMCA to legal@deferringthetadx.com
By facsimile: (818) 225-1006
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
NO WARRANTY. DST ADVISORS PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DST ADVISORS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. DST ADVISORS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL DST ADVISORS OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST DST ADVISORS OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Changes; Discontinuance. DST Advisors reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to DST Advisor’s properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. DST Advisors may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Los Angeles County, California for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.
You agree to defend and hold DST Advisors, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services.
You release DST Advisors, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. DST Advisors may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. DST Advisor’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and DST Advisors with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and DST Advisors with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 12, 13, 15 through 18.
— Updated January 28 2021
Privacy Policy
At DST Advisors, Inc. (“DST Advisors” or “we” or “us” or “our”), we value users’ privacy. Our website, our mobile and desktop applications, our other properties and/or our related services are collectively known as the “Services,” or, each individually, a “Service”. DST Advisors respects your privacy and is committed to protecting your personal information.
This is our privacy policy and we will comply with it, as well as applicable U.S. privacy law, when we gather and use information from users of the Services. We invite you to carefully read this privacy policy to understand what we do with the information we collect from you.
Advertising
Generally, DST Advisors does not use advertising. However, from time to time the Services may be supported by advertising revenue. If we use advertising, we will try to make advertisements relevant and useful to you. Therefore, we may serve advertisements to you based on the information we collect from you or in relation to your interaction with the Services.
We keep information private between you and DST Advisors, except as explained below.
Collection of Information
When you use the Services, we collect a variety of information.
Information you provide. When using the Services, you may provide information about yourself, such as name, address, phone number, email, and details around a potential sale transaction. This may occur, for example, when you register on the Services, provide information via the Services, speak to a DST Advisors representative, engage with us on Social Media or complete other forms. You may also provide information if you communicate via email or SMS or the like. We may combine this information with other information we collect from your interaction with the Services or from other companies.
Cookies and Web beacons. Cookies are bits of electronic information that can be transferred to your computer or other electronic device to uniquely identify your browser. When you use the Services, we may place one or more cookies on your computer or other electronic device. We may use cookies to connect your activity on the Services with other information we store about you in your account profile or your prior interactions on the Services to, for example, store your preferences. The use of cookies helps us improve the quality of the Services to you, by identifying information which is most interesting to you, tracking trends, measuring the effectiveness of advertising, or storing information you may want to retrieve on a regular basis, such as your favorite homes. At any time, you may adjust settings on your browser to refuse cookies according to the instructions related to your browser. However, if you choose to disable cookies, many of the features and Services may not operate properly. Also, the pages on the Services may include Web beacons or pixels, which are electronic files to count users who have visited that page, to track activity over time and across different Web sites, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information, and this information may be associated with your unique browser, device identifier, or Internet Protocol address. We may, for example, implement a pixel on the pages of the Services where you view a certain advertisement so that we can track whether you visit a Web site associated with that advertisement at a later time.
Third-party Cookies and Web beacons. We work with service providers and advertising networks to track and manage cookie information and your activities while you’re using the Services and your online activities over time and across different websites and devices. For example, third-parties may use cookies to deliver advertisements to you based on your visit to the Services. For additional information, please refer to the section below entitled, “Behavioral Advertising.” You may opt-out of cookie tracking and analysis from any of these service providers and advertising networks by opting out of collection information. Information on how to opt out is explained below.
Mobile Device and Mobile Browser. You may adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or mobile device manufacturer.
Usage logs. When you use the Services, your computer or other electronic device communicates a variety of information to computer servers, including the existence of cookies, your Internet Protocol address, and information about your browser program. We also create a record of what information you are requesting, such as the page or subject areas you’re visiting.
Social Networks. If you use the social networking connection functions offered through the Services, we may access all of your social network profile information that you have made available to be shared and to use it in accordance with this privacy policy. Please refer to the instructions governing your social network account to manage the information that is shared through your account.
Calls to DST Advisors or to third parties through DST Advisors may be recorded or monitored for quality assurance and customer service purposes. If a call is recorded between you and a third party, it will be deemed private information of both you and the third party, and may be released to either of you.
Usage and Disclosure
In general, DST Advisors uses the information collected from you to communicate with you and operate our Services. DST Advisors uses this information to respond to your requests and present you with advertising that we believe will be of interest or useful to you.
Your privacy is important and we are committed to protecting information that identifies you personally, where you have chosen to keep it private (“Personal Information”). We will only share Personal Information that you provide outside the public areas of the Services in the following circumstances:
When you consent or direct DST Advisors to share the Personal Information. For example, if you choose to contact a lender or broker through the Services, your name and email address and other information will appear to the recipient of the message
Service providers to DST Advisors. When DST Advisors hires a service provider to help operate the Services or our business, DST Advisors may give access to Personal Information only as necessary to perform the service for DST Advisors, and subject to the terms of this privacy policy.
Partners with whom we conduct business. DST Advisors may give business partners access to Personal Information only as necessary to offer products and services with those business partners, and subject to the terms of this privacy policy
Legal obligation or protection from harm. When DST Advisors has a good faith belief that access, use, preservation or disclosure of the Personal Information is reasonably necessary to (a) satisfy any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of DST Advisors, its users, or the public against harm.
Merger or sale. If and when DST Advisors is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Personal Information may be transferred along with the business.
When you provide public information without identifying yourself, we will protect your personal identity as described above. If your account profile does not identify you personally, DST Advisors won’t reveal your identity to third parties except in accordance with this policy. You should keep in mind that the information that you choose to provide in a public area of the Services (such as your profile page or the discussion forums) will not be protected by this privacy policy because you have made an active choice to make that information public. We are not responsible for any Personal Information you choose to submit in any public area of the Services.
If we deliver ads based on data about your use of the Services, we keep your identity anonymous. We won’t identify you personally to third parties, except in accordance with this privacy policy. Of course, if you choose to respond to an advertised offer with your name and contact information, you will no longer be anonymous to the advertiser. Further, while we do not share your Personal Information with third parties unless permitted above, DST Advisors may share aggregate anonymous information with third-parties. This information does not personally identify individuals, but instead provides a helpful understanding of the groups of people who prefer certain types of information and services.
Email and Telephone Calls
You may receive email or telephone calls from DST Advisors for a variety of reasons – for example, if you took an action through the Services, you signed up for a regular report, or you requested to be contacted regarding a sale. We respect your desire to manage email correspondence. If you have an account with DST Advisors, you can select your preferences through your account settings. Also, you can manage your receipt of some types of communication by following the instructions included in the email we send you. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.
Behavioral Advertising
We may participate in behavioral advertising. This means that, for example, when you use the Services, we or third party service providers or advertisers may use cookies (that they collect or that we provide to them) or other similar technologies to collect information about your use of the Services (including mobile applications) or your online activities over time and across different Web sites. Collected information may include the content you view, the date and time that you view this content, and the Web site that referred you to the Services, and this information may be associated with your unique browser, device identifier, or Internet Protocol address. These practices help tailor advertisements that are relevant and useful to you. These tailored advertisements may appear on the Services or on other websites, applications or properties.
In addition, if you have provided your email address to us, we may use a scrambled, unreadable form (a hash) of your email address to deliver tailored advertisements to you on the Services or on other websites, including via Facebook’s Custom Audience Feature or other similar Facebook tools. We will not share your email address with Facebook
You may opt-out of cookie tracking and analysis as described in the section below entitled ‘Opting Out of Collection of Information’. The Services do not otherwise respond to ‘do not track’ signals.
Opting Out of Collection of Information by Third Parties
DST Advisor’s third-party ad servers, ad network providers, and third-party advertisers (the “DST Advisors Ad Providers”) may provide you with advertisements that you may see on the Services or on other affiliated websites. To improve the relevancy and help measure the effectiveness of such advertisements, the DST Advisors Ad Providers may use cookies, Web beacons, clear gifs or similar technologies. These are used to record users’ activity, such as the pages visited, and to learn what types of information are of most interest to the users.
DST Advisors Ad Providers. Use of these technologies by DST Advisors Ad Providers is subject to their own privacy policies and is not covered by our privacy policy. For more information regarding the choices you have about these technologies (such as opting-out). The Network Advertising Initiative and Digital Advertising Alliance offer some centralized opt-out tools; otherwise you must visit each provider’s website individually and opt out.
DST Advisors marketing service providers. If you do not want DST Advisors and its marketing services providers to follow your usage of our Services via cookies and Web beacons, you can opt out of Cookies/Web beacons from: comScore, Google Analytics, Omniture and Yahoo! Opting out of these services does not mean you will no longer receive online advertising. It does mean that the service from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns. Please note that, if you opt out and later delete your cookies, use a different browser, or use a different computer or other electronic device, you will need to renew your opt-out choices.
Location Data
DST Advisors can provide you with helpful information based on where you are. If you tell DST Advisors where you are (e.g., by allowing your mobile device to send DST Advisors your location), DST Advisors may use that information to provide you with location-based information and advertising. If you wish to deactivate this feature, you can disable location services on your mobile device.
Third-Party Websites
Throughout the Services, we may link to the websites of other companies and/or individuals. Further, certain functionalities on the Services may involve the distribution of your listing information to third-party websites and lending professionals. These third-party websites may collect Personal Information about users on those websites, and DST Advisor’s privacy policy does not extend to these external websites and third parties. Please refer directly to these third parties and websites regarding their privacy policies.
Children Under the Age of 13
DST Advisors will not knowingly collect personally identifiable information from any person under the age of 13. The Services are not designed to attract the attention of persons under the age of 13.
Storage, Security and Retention of Information
You acknowledge that Personal Information will be processed and stored by DST Advisors in databases. DST Advisors has taken reasonable steps to protect the information users share with us, including, but not limited to, setup of processes, equipment and software to avoid unauthorized access or disclosure of this information. No transmission of information via the Internet can be entirely secure, however, so please always use caution when submitting Personal Information.
We will retain your Personal Information for as long as you have an active account, as needed to provide you with the Services, to comply with our legal, contractual, financial reporting, or compliance obligations, and to enforce this privacy policy.
Contacting DST Advisors
We are ready to assist you in managing the Personal Information you provide to us, we cannot always delete records due to financial reporting, contractual, compliance, or other reasons.
If you have any questions about this privacy statement, or the privacy practices of DST Advisors, please email us legal@deferringthetax.com.
Please note that this policy may be amended from time to time. You should check back for the most current version before relying on any of the provisions in this privacy policy. By using the Services, you agree to the terms of this Privacy Policy.
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