(704) 307-2030 Apex, NC M-F: 9AM - 5PM

KGI Legal

KGI Solutions, LLC, and its affiliate, K3 Automotive Corp, makes protecting your private information a top priority.  Our privacy policy, as stated below, governs data collection and usage as it pertains to users browsing on this Site (https://kgidealersolutions.com) and/or KGI Solutions, LLC or K3 Automotive Corp prospects and customers.   This privacy policy applies to all products and services, including but not limited to websites and inventory data feeds to 3rd parties, provided by KGI Solutions, LLC and K3 Automotive Corp.  By using this Site, you consent to the practices outline in this Privacy Policy.

Collection of your Personal Information

It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right to register you as a prospect or customer and provide you with any products or services.  Personally identifiable information, such as first and last name, phone number, and E-mail address may be required when you: (a) submit contact information for one of our employees to contact you; (b) request a free trial of our products and services; (c) download our software; (d) submit a support ticket or ask for help; (e) send us an email message; (f) submit your credit card or other payment information when ordering and purchasing products and services from KGI Solutions, LLC and K3 Automotive Corp.  We may also request personally identifiable information from our customers for other reasons in the future.

Use of your Personal Information

KGI Solutions, LLC and K3 Automotive Corp collects and uses your personal information to operate its websites, follow-up on contact requests, and deliver quality service for the products and services you have requested. 

We may also use your personally identifiable information to inform you of other products or services available by KGI Solutions LLC and K3 Automotive Corp and its affiliates.  At times, we may be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

Tracking User Behavior

KGI Solutions, LLC and K3 Automotive Corp uses Google Analytics and/or pixel tags or similar technologies to keep track of the pages on our websites our users visit and to track E-mail behavior.  This data may be used to customize information on product and services relevant to users whose behavior indicates they are interested in a particular subject area.   We do not use cookies.

Automatically Collected Non-personal Information

Information about your computer hardware and software may be automatically collected by KGI Solutions, LLC and K3 Automotive Corp.  This information can include: your IP address, software version and build, browser type, domain names, access times and referring website addresses.  This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of our website.

Sharing Information with Third Parties

KGI Solutions, LLC and K3 Automotive Corp does not sell, rent or lease its customer lists to third parties.  We may, only with your written or verbal permission, provide your contact information to external business partners who provide services that may be of interest to you.  In those cases, your unique personally identifiable information (Name, Business Name, Address, Telephone, E-mail) is transferred to the third party. All such third parties are prohibited from using your personal information except to provide those services and they are required to maintain the confidentiality of your information.

KGI Solutions, LLC and K3 Automotive Corp customers have the option of purchasing a service package that includes sending hosted vehicle inventory data to trusted third party sites.   We share your dealership information and vehicle data with these sites with your knowledge and/or approval. You may request to stop this service at any time by calling us at 866-644-7258 or contacting us here https://kgidealersolutions.com/contact-us/.

KGI Solutions, LLC and K3 Automotive Corp may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process; (b) protect and defend the rights or property of KGI Solutions, LLC and K3 Automotive Corp; and/or (c) act in urgent circumstances to protect the personal safety of our employees, users of our products or services, or members of the public.

Links to Other Websites

Our website does contain links to affiliate and other websites.  Please note this privacy policy does not govern the collection and use of information by companies not controlled or managed by KGI Solutions, LLC and K3 Automotive Corp.  Therefore, we encourage all users, visitors, prospects, or customers to be aware when they leave our website and to read the privacy policy of every website that collects personally identifiable information. 

Children under the age of Thirteen

KGI Solutions, LLC and K3 Automotive Corp does not knowingly collect personally identifiable information from children under the age of thirteen.  If you are under the age of thirteen you must seek and obtain parent or guardian permission to use this website.  However, we ask that you not submit any form on this website that pertains to personal information and/or make a request for demonstration of any of our products or services.

Security

KGI Solutions, LLC and K3 Automotive Corp takes precautions to protect your information.  When you submit sensitive information via the website, your information is protected both online and offline.  Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to use in a secure way.  You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the webpage.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline.  Only employees who need the information to perform a specific job (for example billing or customer service) are granted access to personally identifiable information.  The computers and servers in which we store personally identifiable information are kept in a secure environment.  This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.

Opt-out or Unsubscribe

All users and visitors to our website have the option to discontinue receiving communications from us.  To discontinue or unsubscribe from contact, please click the unsubscribe link at the bottom of your email or send us an email here - https://kgidealersolutions.com/contact-us/ stating that you wish to unsubscribe.  If you wish to unsubscribe or opt-out from any third party contact, you must go to that specific third party to unsubscribe or opt-out.

Changes to this Policy

We reserve the right to make changes to this Policy at any given time.  If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.  We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or updating any privacy information on this page.  Your continued use of the Site and/or any products, services, and websites, including inventory datafeeds to 3rd parties, after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Terms and Conditions
Last updated: August 17, 2021

Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named KGI Dealer Solutions
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: North Carolina, United States
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to KGI Solutions, LLC, 5448 Apex Peakway #307 Apex, NC 27502.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
  • Service refers to the Application or the Website or both.
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to KGI Dealer Solutions, accessible from https://kgidealersolutions.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.
You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at legal@kgisolutions.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at legal@kgisolutions.com.
Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:

RESPECTING INTELLECTUAL PROPERTY

KGI Solutions, LLC ("KGI Solutions") takes the protection of intellectual property seriously. Whether you are a trademark, service mark, or copyright holder, KGI Solutions is committed to helping you protect your legal rights. We have therefore established the following policies for considering trademark and/or copyright infringement claims.

Domain Name Dispute Claims

Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") of the registrar for the domain name in question if you have a concern or dispute concerning a registered domain name. Per ICANN policy, the registrar's UDRP covers domain names disputes; this policy specifically excludes domain name disputes, and we will not be able to assist with these matters, except for assisting enforcement of the outcome of the dispute as necessary.

Copyright and Trademark Claims

1. To notify KGI Solutions that there has been a copyright or trademark violation, please follow the specific instructions in Section (A) for filing a trademark claim, or Section (B) for filing a copyright complaint.

2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in Section (C).

A. Trademark Claims

1. If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations are not considered valid for these purposes), KGI Solutions requests that the Complaining Party substantiate such claim by providing the following information via email to IPClaims@kgisolutions.com.  The words "Trademark Claim" should appear in the subject line.

To be considered effective, a notification of a claimed trademark violation must include the following information:

  • The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed, including registration number.
  • The jurisdiction or geographical area to which the mark applies.
  • The name, post office address and telephone number of the owner of the mark identified above.
  • The goods and/or services covered by or offered under the mark identified above.
  • The date of first use of the mark identified above.
  • The date of first use in interstate commerce of the mark identified above.
  • A description of the manner in which the Complaining Party believes its mark is being infringed upon.
  • Sufficient evidence that the owner of the website that is claimed to be infringing is a KGI Solutions customer.
  • The precise location of the infringing mark, including electronic mail address, etc.
  • A good faith certification, signed under penalty of perjury, stating:
    1. The content of the website [identify website] infringes the rights of another party,
    2. The name of such said party,
    3. The mark [identify mark] being infringed, and
    4. That use of the content of the webiste claimed to be infringing at issue is not defensible.

2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, KGI Solutions will initiate an investigation. While KGI Solutions is investigating the claim, KGI Solutions, at its sole discretion and without any legal obligation to do so, may temporarily remove the challenged material from KGI Solutions Auctions, notify the posting party it will lock down the posting party's domain name(s), redirect the posting party's DNS, forward the Complaining Party’s written notification to the posting party,and/or if it is solely stored on a KGI Solutions server, temporarily remove or deny access to the challenged material.

3. If KGI Solutions concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from the posting party's website, continue to suspend the posting party's KGI Solutions account and/or if it is solely stored on a KGI Solutions server, deny access to the challenged material. If KGI Solutions concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, KGI Solutions will restore access to the challenged material.

B. Copyright Claims

1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, KGI Solutions requests that the Complaining Party substantiate such claim by providing KGI Solutions with the following information via email to IPClaims@kgisolutions.com. The words "Copyright Claim" should appear in the subject line. A copyright claim can also be submitted by mail to: Copyright Agent, KGI Solutions, PO Box 562, Harrisburg, NC 28075

To be considered effective, a notification of a claimed copyright infringement must be provided to KGI Solutions and must include the following information:

  1. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KGI Solutions to locate the material.
  4. Information reasonably sufficient to permit KGI Solutions to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, KGI Solutions will remove or disable access to the material that is claimed to be infringing.

3. If the Complaining Party provides KGI Solutions with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit KGI Solutions to locate and remove or disable the material in question, or includes information concerning repeat infringement, then KGI Solutions will forward the Complaining Party's written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.

C. Counter Notification Policy

1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing IPClaims@kgisolutions.com and including the following:

  1. An electronic signature of the Infringer.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The Infringer's name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Arizona, or if the Infringer's address is outside of the United States, for any judicial district in which KGI Solutions may be found, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party.

2. Upon receipt of a Counter Notification as described in Section 1 above, KGI Solutions shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. KGI Solutions will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless KGI Solutions first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on KGI Solutions's system or network.

D. Repeat Infringers

It is KGI Solutions' policy to provide for the termination, in appropriate circumstances, of KGI Solutions customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.