Terms & Conditions

Last updated: September 9, 2026  |  Version 2.0

These terms govern your use of the KEG Executive Management readiness assessments, operational audits, and Competitive Intelligence services provided through tools.kegexm.com (the "Services"). By checking the acceptance box on any form on this site, or by engaging KEG for a paid Service, you agree to these terms.

Eligibility. The Services are offered business-to-business, to users 18 years of age or older acting on behalf of a business. The Services are not directed to consumers acting in a personal capacity or to anyone under 18.

Who we are

KEG Executive Management is a limited liability company organized in the State of Utah, United States. Contact: ken@kegexm.com.

What we provide

Nature of the service — what "audit" means here

An operational audit as used on this site is a structured business-process review. It is not a financial audit, examination, review, compilation, or attestation engagement. It is not performed under AICPA standards or Generally Accepted Auditing Standards (GAAS), and it is not performed by a Certified Public Accountant or other licensed professional. No professional-client relationship (e.g., CPA-client, attorney-client) is created by use of the Services.

Our assessments and audits are operational guidance based on the information you provide and on our professional experience. They are informational and advisory only. They are not legal, financial, tax, accounting, or investment advice, and they do not guarantee any particular business result.

Competitive Intelligence — sourcing and limits. Competitive Intelligence deliverables are compiled exclusively from publicly available sources (websites, filings, press coverage, public reviews) as of the date of research. KEG does not independently verify third-party claims and makes no representation as to their continued accuracy after delivery. Competitive Intelligence deliverables are for your internal business use only and may not be published, redistributed, or used to make representations about named third parties without your own independent verification.

AI-assisted work. Research, comparison, and drafting used in producing assessments and deliverables may be AI-assisted. All paid deliverables receive substantive human review before release. Client-submitted information is not used to train third-party AI models.

Your business, your decisions

Our assessments and audits are based on a limited, point-in-time subset of information — what you provide through intake forms, calls, and supporting documents you choose to share. You know your business, your market, your customers, and your operational constraints better than we do, and better than any report can capture. Our findings and recommendations are one input for you to weigh alongside your own judgment and expertise, not a substitute for it.

You retain full authority and responsibility for any business decision you make, including whether and how to act on our findings. To the fullest extent permitted by law, KEG Executive Management is not liable for lost revenue, lost profits, increased costs, or any other business outcome resulting from a decision you made, in whole or in part, based on a deliverable — whether or not the deliverable contained an error.

Your responsibilities

You agree to provide accurate, complete, and current information in any assessment, intake form, or communication with us. The quality of our findings depends on the accuracy of what you give us. We are not responsible for conclusions affected by information that was incomplete or incorrect when you provided it.

Deliverables and intellectual property

Written deliverables are prepared for your internal use in your business. The frameworks, methods, scoring models, and templates we use to produce them remain the property of KEG Executive Management. You may use the deliverables internally. You may not resell or redistribute our frameworks or templates as your own.

References and testimonials. We will not identify you publicly as a client, or reference your engagement in marketing materials, without first obtaining your consent via a signed agreement or written confirmation by email.

Fees and payment

Paid Service fees are quoted before work begins. Work starts once payment is arranged and, where applicable, your intake call is scheduled. Where a signed Master Services Agreement, Statement of Work, or NDA governs a specific engagement, that signed agreement controls over these Terms for that engagement.

Disclaimer of warranties

The Services and all deliverables are provided "as is" and "as available." To the fullest extent permitted by law, KEG Executive Management disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that any deliverable is complete, error-free, or suitable for any specific decision you make.

Limitation of liability

Free assessments are provided with no liability of any kind, to the fullest extent permitted by law.

Paid Services: to the fullest extent permitted by law, KEG Executive Management's total liability for any claim arising out of a paid audit or Competitive Intelligence deliverable is limited to the greater of (a) the amount you paid for the specific Service giving rise to the claim, or (b) one hundred dollars ($100). We are not liable for indirect, incidental, consequential, or punitive damages, including without limitation lost revenue, lost profits, or increased costs, regardless of the theory of liability. Any claim must be brought within one (1) year of the date the Service was delivered, or it is permanently barred.

Indemnification (mutual, narrow scope)

Each party agrees to indemnify, defend, and hold harmless the other party from third-party claims arising directly out of: (a) that party's material breach of these Terms, or (b) that party's misuse of a deliverable or violation of applicable law. Neither party's indemnification obligation extends to claims arising from the other party's own negligence or misconduct. This clause does not expand either party's liability beyond the limitation of liability stated above, except where prohibited by law.

Dispute resolution

Any dispute arising out of these Terms or the Services will first be submitted to good-faith negotiation between the parties. If unresolved within 30 days, the dispute will be resolved in the state or federal courts located in Utah, and each party waives any right to a jury trial.

Governing law

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law rules.

General provisions

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. These Terms, together with any signed engagement agreement, are the entire agreement between you and KEG Executive Management regarding the Services. You may not assign your rights under these Terms without our consent. We are not liable for delay or failure to perform caused by circumstances beyond our reasonable control.

Changes

We may update these Terms. The current version and its last-updated date are always posted on this page. Material changes will be reflected in a new version number, recorded against your acceptance record where you have an active engagement.

Questions: ken@kegexm.com

This page is general business policy, not legal advice. Have it reviewed by your own counsel before relying on it.

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