Terms of Service

KG Hagans Professional Services Group
Universal Terms of Service for Services & Software

These Terms of Service ("TOS") represent a contract between KG Hagans Professional Services Group ("KG Hagans") an Ohio sole proprietorship and You, Your heirs, agents, successors and assigns ("You"), and is made effective the date You begin utilizing software or services from KG Hagans Professional Services Group. These TOS establish the terms and conditions of Your utilization of KG Hagans services ("Services") and KG Hagans software ("Software") and outlines KG Hagans' obligations to You and Your obligations to KG Hagans with respect to the Service and Software that You purchase.

These TOS along with any KG Hagans policies and related modifications constitute a complete and exclusive agreement between You and KG Hagans regarding your utilization of KG Hagans Services and Software. These TOS supersede and govern all propsals, agreements and communications, past and present. All policies of KG Hagans and agreements for specific Services and Software are herein made a part of these TOS by reference. Your utilization of Services and/or Software, You acknowledge that You have read, understand and agree to be bound by all terms and conditions of these TOS and other policies and agreements made part of these TOS by reference, as well as new, modified or additional terms and conditions or policies that KG Hagans may from time to time establish, and any agreements that KG Hagans is currently bound by or will be bound by.

You agree to be bound by the terms of these TOS for transactions entered into by You, as well as those entered into on Your behalf by anyone acting as Your Agent, and by anyone using an account You have established with KG Hagans, whether or not the transactions were made on Your behalf. You understand and agree that any KG Hagans' acceptance of any application made by You for Services provided by KG Hagans will take place at KG Hagans Professional Services Group, Westerville, Franklin County, Ohio, United States of America.

The General Terms in Section A apply to all customers of KG Hagans. Any Specific Services or Software agreements outline in Section B apply only to those customer that have purchased or are utilizing those Services or Software referenced.

Section A:General Terms Applicable To All Services & Software

1: Term of Agreement and Modifications

You agree that KG Hagans may modify these TOS and the Services and Software from time to time. You further agree to be bound by any changes that KG Hagans may reasonable make to these TOS when such changes are made. If you have purchase any Services or Software from KG Hagans, the term of these TOS shall continue in full force for as long as You benefit from and utilize the Services and/or Software. In the event that You terminate utilization, You are not entitle to any refund of money you have paid. You agree that KG Hagans shall not be bound by representations made by third parties from whom You may have acquired Services or Software from KG Hagans, and that any statement which may be posted in general on the KG Hagans web site, or in KG Hagans promotional material will not obligate or bind KG Hagans. KG Hagans may from time to time offer certain promotions with charges and/or features that vary from normal pricing and/or features.

You agree that it is Your responsibility to notify KG Hagans in the event you choose to terminate your utilization of KG Hagans Services and/or Software. Notification of Your intent to terminate must be provided in writing at least thirty (30) days but not more than ninety (90) days prior to your intended termination date. In no circumstance is KG Hagans obligated to accept Your request for termination prior to the term of any Agreement or Contract made part of these TOS by reference.

2: Accuracy of Information

You shall maintain accurate and timely information with KG Hagans, providing updates as needed, while You are utilizing KG Hagans Services and/or Software. You agree to notify KG Hagans withing five (5) business days of any change to the information You have provided as a part of your utilization of Services and/or Software, or any applications, Agreements or Contracts. Failure by You to respond to any request for information made by KG Hagans for the purposes of validating information provided by You, shall constitute a violation of these TOS.

KG Hagans may use and rely upon any information provided by You for all purposes related to Your Services, in accordance with and subject to our Privacy Statement. Any information that you provide which is inaccurate, false, misleading, incomplete or not current, or information that KG Hagans reasonably suspects is inaccurate, false, misleading, incomplete or not current, shall give KG Hagans the absolute right, at its sole discretion, to terminate your Services and close Your account.

3: Privacy

KG Hagans' General Privacy Statement may be viewed on this web site, and is incorporated by reference herein where all Services and Software. Any and all information You provide to KG Hagans will be used in a manner consistent with the purposes and limitations provided in the General Privacy Statement.

4: Security of Account

You agree to be entirely responsible for maintaining the confidentiality of Your customer account data, including but not limited to, your client ID, account number, login, user names, passwords, credit card numbers, banking information, security and/or encryption keys (collectively referred to as account access information). You understand that You are entirely responsible for any and all activity that occurs under Your account. You will immediately notify KG Hagans in the event of unauthorized use of Your account of any breach of the security of Your account. You also agree that KG Hagans will not be liable for any loss or damage You may incur as a result of someone else using Your account access information, whether with or without your permission or knowledge. You agree that You can be held liable for losses or damage incurred by KG Hagans or other parties dur to someone else using Your account access information. For purposes of security, You will keep your account access information in a secure place and take such precautions as are necessary to prevent others from gaining access to your account access information. You will be responsible for all activity on your account, whether initiated by You, or by others on Your behalf, or by any other means. KG Hagans hereby disclaims any and all liability for any acitivity in Your account, whether authorized by You or not.

5: Improper Or Unlawful Use

As a condition of Your utilization of KG Hagans Services and/or Software, You agree that the Services and Software will be used in a manner that complies with all International, Federal, State and Local laws, rules, regulations and requirements. You also agree that you will not utilize the Services or Software for any purpose that is unlawful or prohibited by the terms and conditions of these TOS or any Agreement made part of these TOS by reference. You will not be entitled to any refund of any money paid to KG Hagans if, for any reason, KG Hagans takes corrective actions to remedy Your improper or illegal utilization of Services and/or Software.

KG Hagans reserves the right to disclose any information as KG Hagans deems necessary to satisfy applicable laws, regulations, legal processes or governmental requests, at any time. KG Hagans also reserves the right to refuse to publish, host, post or archive, or to remove any information or material which KG Hagans in its sole discretion, in whole or in part violates the terms of these TOS.

You agree that KG Hagans has no obligation, but reserves the right to monitor the utilization of Services and/or Software purchased by or utilized by You. KG Hagans reserves the right to review your utilization, and in its sole discretion terminate access to Services and/or Software at any time, without notice, for any reason.

KG Hagans reserves the right to terminate Service if your utilization of Service or Software results in, or is the subject of, legal action threatened or taken against KG Hagans, its partners or affiliates, without regard for whether such threats or actions are eventually determined to be without merit. KG Hagans may review all accounts for exesive utilization of resources and terminate use or apply additional fees to such accounts.

Except as outlined herein, KG Hagans may terminate Services after thirty (30) days if You are utilizing Services or Software, as determined by KG Hagans in its sole discretion, in a manner that is morally objectionable or in association with spam activities. Morally objectionble conduct includes, but is not limited to activites that will defame, embarass, harm, abuse, threaten, slander or harass third parties; acitivities prohibited by law; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of privacy, racially, ethnically or otherwise objectionable; activities designed to impersonate the identity of others; illegal access to computers or networks; distribution of Internet viruses or similar destructive activities; and activities designed to harm or unethically use minors in any manner, regardless of whether the objectioinable acitivity was intentional or not. You agree that KG Hagans is not obligated to refund any fees or money paid by You if, for any reason, KG Hagans takes corrective action with respect to Your improper or illegal use of its Services and/or Software.

6: Spam & Liquidated Damages

KG Hagans may immediately terminate any account which it believes, in KG Hagans sole discretion, is transmitting or otherwise associated with any spam or unsolicited bulk e-mail or electronic messaging. Additionally, if actually damages cannot be reasonably calculdated, then You agree to pay KG Hagans liquidated damages in the amount of one dollar US ($1.00 US) for each piece of spam, unsolicited bulk e-mail, or electronic messages transmitted from or otherwise connected with Your account. You otherwise agree to pay KG Hagans for actual damages. You have read, understand and agree to be bound by the terms and conditions of KG Hagans' Anti-spam Policy. Such terms and conditions are applicable to the use of all KG Hagans Services and Software and are incorporated herein.

7: Intellectual Property

You agree that KG Hagans or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.

You understand and agree that all content and materials contained in this Agreement, other policies, the kghagans.com web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that KG Hagans or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of KG Hagans or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by these TOS or otherwise.

8: USE OF KG Hagans SOFTWARE

If You have licensed software from KG Hagans, KG Hagans grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time, except as provided for in the specific Software licensing agreement.

You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

KG Hagans reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of KG Hagans. The source code and its organization are the exclusive property of KG Hagans and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by KG Hagans.

KG Hagans provides all Software “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.