Terms Of Use

By using 4g Software's Halcyon Funeral Home Management Solution™ you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully.

The term "us" or "we" or "our" refers to 4g Software, LLC, the owner of 4g Software's Halcyon Funeral Home Management Solution™.  The term "SUBSCRIBER" or "you" refers to an individual funeral home or multi-funeral home owner who has registered with 4g Software, LLC to use 4g Software's Halcyon Funeral Home Management Solution™ online service. The term "USER" refers to users of the service who are granted password access. In the case of an individual funeral home, the term "SUBSCRIBER" is synonymous with the term "USER". The term Halcyon Funeral Home Management Solution™ used throughout this Terms of Use includes the main web-based application as well as any optional ancillary services and mobile applications used by the SUBSCRIBER.

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to 4g Software's Halcyon Funeral Home Management Solution™ (the "Site"). This Agreement constitutes the entire and only agreement between 4g Software, LLC and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using 4g Software's Halcyon Funeral Home Management Solution™. Login and usage of 4g Software's Halcyon Funeral Home Management Solution™ indicates agreement of these terms of use. If you do not agree with these terms of use your should not use the site.

1. 4g Software, LLC reserves the right in its sole discretion and without advance notice or liability, to add, discontinue or modify any aspect of 4g Software's Halcyon Funeral Home Management Solution™. This includes scope, availability and time of service, or the software and hardware required to use 4g Software's Halcyon Funeral Home Management Solution™, subject to the terms of this agreement. Modification of this Terms of Use will be deemed effective upon publication on 4g Software's Halcyon Funeral Home Management Solution™ web site with respect to transactions occurring after publication date.

4g Software, LLC may remotely update any version of 4g Software's Halcyon Funeral Home Management Solution™ with or without prior notice to SUBSCRIBERS or USERS. Updated versions will be subject to the same terms and conditions of this license. 4g Software may send email communications to SUBSCRIBERS detailing and explaining the updates.

2. 4g Software, LLC reserves the right at its sole discretion to refuse service at any time.

3. The SUBSCRIBER is responsible for procuring and maintaining all hardware and software necessary for communication and use of 4g Software's Halcyon Funeral Home Management Solution™.

4. The USERS and SUBSCRIBERS are responsible for maintaining the privacy and security of their passwords. SUBSCRIBERS are responsible for any unauthorized use of 4g Software's Halcyon Funeral Home Management Solution™.

5. Copyright - 4g Software, LLC is the copyright owner of 4g Software's Halcyon Funeral Home Management Solution™. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to 4g Software's Halcyon Funeral Home Management Solution™ are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by SUBSCRIBERS or USERS of any such matters or any part of 4g Software's Halcyon Funeral Home Management Solution™, except as allowed, is strictly prohibited. SUBSCRIBERS and USERS do not acquire ownership rights to any content, document or other materials viewed through 4g Software's Halcyon Funeral Home Management Solution™. The posting of information or materials on 4g Software's Halcyon Funeral Home Management Solution™ does not constitute a waiver of any right in such information and materials. 

Data submitted by SUBSCRIBERS and USERS is the property of the SUBSCRIBER.

6. Licenses - SUBSCRIBERS and USERS are granted a non-exclusive, non-transferable, revocable license to access and use 4g Software's Halcyon Funeral Home Management Solution™ strictly in accordance with this Terms of Use provided that the SUBSCRIBER maintains all copyright and other policies contained therein.  The SUBSCRIBER will ensure that its USERS also abide by the Terms of Use.

The SUBSCRIBER will not rent, lease, sell, loan or transfer in any way to any third party, use of the SUBSCRIBERS rights to use 4g Software's Halcyon Funeral Home Management Solution™ without prior written consent of 4g Software, LLC. A SUBSCRIBER or USERS purchased use of 4g Software's Halcyon Funeral Home Management Solution™ is not transferable or assignable.

7. The SUBSCRIBER agrees that the SUBSCRIBER and all USERS authorized by the SUBSCRIBER will use 4g Software's Halcyon Funeral Home Management Solution™ for only lawful purposes. The SUBSCRIBER will hold harmless, protect, and defend 4g Software, LLC and any of its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the SUBSCRIBER'S or USER'S failure to comply with any such procedures and guidelines.

The SUBSCRIBER agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server, or 4g Software, LLC. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. It is also understood that SUBSCRIBERS and USERS will not publish information over the Internet which may be used by one party to harm another. The SUBSCRIBER agrees to indemnify and hold harmless 4g Software, LLC from any claim resulting from the SUBSCRIBER's or USER'S publication of information or material or use of that information or materials.

The SUBSCRIBER agrees to use their USERS information only for use in the administration of their business effort. The SUBSCRIBER will not use any USER information to send unsolicited emails (spam) or any communication in any way unrelated to 4g Software's Halcyon Funeral Home Management Solution™. 4g Software, LLC reserves the right to terminate this agreement without prior notice if the SUBSCRIBER or one of their authorized USERS commits any violation of this Terms of Use Agreement. The SUBSCRIBER will cease and desist from using 4g Software's Halcyon Funeral Home Management Solution™ immediately upon termination of this agreement.

8. Restrictions and Prohibitions on Use - Your license for access and use of 4g Software's Halcyon Funeral Home Management Solution™ and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:  You may not (a) copy, print (except for the express limited purpose permitted), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of 4g Software's Halcyon Funeral Home Management Solution™ or any Content and Materials retrieved there from; (b) use 4g Software's Halcyon Funeral Home Management Solution™ or any materials obtained from 4g Software's Halcyon Funeral Home Management Solution™ to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial  distribution mechanism; (c) create compilations or derivative works of any Content and Materials from 4g Software's Halcyon Funeral Home Management Solution™; (d) use any Content and Materials from 4g Software's Halcyon Funeral Home Management Solution™ in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in 4g Software's Halcyon Funeral Home Management Solution™; (f) make any portion of 4g Software's Halcyon Funeral Home Management Solution™ available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any 4g Software's Halcyon Funeral Home Management Solution™ software or use any network monitoring or discovery software to determine the 4g Software's Halcyon Funeral Home Management Solution™ architecture; (h) use any automatic or manual process to harvest information from 4g Software's Halcyon Funeral Home Management Solution™; (i) use 4g Software's Halcyon Funeral Home Management Solution™ for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use 4g Software's Halcyon Funeral Home Management Solution™ in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export 4g Software's Halcyon Funeral Home Management Solution™ or any portion thereof, or any software available on or through 4g Software's Halcyon Funeral Home Management Solution™, in violation of the export control laws or regulations of the United States.

9. Linking to the Site. You may provide links to 4g Software's Halcyon Funeral Home Management Solution™, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice, or other notices on 4g Software's Halcyon Funeral Home Management Solution™, (b) your site does not engage in illegal or pornographic activities, (c) you notify 4g Software, LLC in advance of your intent to link to the site and the URL of the linking site and (d) discontinue providing links to 4g Software's Halcyon Funeral Home Management Solution™ immediately upon request by us.

10. 4g Software, LLC may monitor SUBSCRIBERS and USERS to determine and ensure compliance with this Terms of Use agreement. 4g Software, LLC will not intentionally disclose any information unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law or comply with legal process served on us or affiliated parties; (b) protect and defend our rights and property, our site, the users of our site, and/or our affiliated parties; (c) act under circumstances to protect the safety of users of our site, us, or third parties.

11. We do not represent or warrant that 4g Software's Halcyon Funeral Home Management Solution™ will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through 4g Software's Halcyon Funeral Home Management Solution™ will be correct, accurate, timely or otherwise reliable.  We may make changes to the features, functionality or content of the Site at any time.  We reserve the right in our sole discretion to edit or delete any documents, information or other content, other than SUBSCRIBERS data, appearing on 4g Software's Halcyon Funeral Home Management Solution™.

12. If 4g Software's Halcyon Funeral Home Management Solution™ does not perform substantially according to specifications, 4g Software, LLC will try to correct any failure to conform provided that (a) the SUBSCRIBER notifies 4g Software, LLC of the details of the failure to specifications within 10 days of initial awareness of perceived failure and (b) the failure to conform is not due to modifications or damage of 4g Software's Halcyon Funeral Home Management Solution™ by the SUBSCRIBER or USERS, or their failure to operate 4g Software's Halcyon Funeral Home Management Solution™ using the recommended hardware and software environment. The SUBSCRIBERS only remedy for 4g Software LLC's breach of specification compliance is (a) 4g Software, LLC will attempt to correct the failure in a reasonable time frame from the date of notification, or (b) if 4g Software, LLC is unable for any reason to correct the failure, the SUBSCRIBER may terminate their license to use and cease using 4g Software's Halcyon Funeral Home Management Solution™. 4g Software will refund to the SUBSCRIBER the full amount of any fees paid or incurred from the date 4g Software, LCC was notified of the failure to comply to specifications.

13. 4g Software, LLC will maintain an email support help desk and online documentation for use by SUBSCRIBERS. USERS will have access to online documentation. In addition, phone support for SUBSCRIBERS, by paid subscription and an online SUBSCRIBERS forum may be available. Support is limited to the functionality of 4g Software's Halcyon Funeral Home Management Solution™. General computer support is not included.

14. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN THIS TERMS OF USER). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED 4g SOFTWARE'S HALCYON Funeral Home Management Solution™ OR 4G SOFTWARE, LLC IS DISCLAIMED.

15. Limitation of Liability - 4g Software, LLC and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from 4g Software's Halcyon Funeral Home Management Solution™ or any  services or products obtainable there from, (b) the unavailability or interruption of 4g Software's Halcyon Funeral Home Management Solution™ or any features thereof, (c) your use of 4g Software's Halcyon Funeral Home Management Solution™, (d) the content contained on 4g Software's Halcyon Funeral Home Management Solution™, or (e) any delay or failure in performance beyond the control of a Covered Party.

THE AGGREGATE LIABILITY OF 4G SOFTWARE,LLC AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL BE THE LESSER OF AND LIMITED TO THE AMOUNT PAID TO 4G SOFTWARE, LLC BY THE SUBSCRIBER OR $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

16. Termination - Either the 4g Software, LLC or the SUBSCRIBER may terminate this agreement at the end of any calendar month provided written notification is given at least 30 days prior to the requested termination date. The SUBSCRIBER is responsible for any fees incurred up to and including the authorized date of termination. Any initial setup fees paid are non-refundable. The only exception is if the SUBSCRIBER cancels within their first 30 days, in this case their first payment amout less the non-refundable setup fee will be refunded. 4g Software, LLC reserves the right to terminate this agreement without prior notice if the SUBSCRIBER or one of their authorized USERS commits any violation of this Terms of Use Agreement. The SUBSCRIBER will cease and desist from using 4g Software's Halcyon Funeral Home Management Solution™ immediately upon termination of this agreement.

Given that the SUBSCRIBER owns the data entered into 4g Software's Halcyon Funeral Home Management Solution™ upon termination of this agreement and at the SUBSCRIBER'S request, 4g Software, LLC will provide a copy of all USER and SUBSCRIBER data entered into 4g Software's Halcyon Funeral Home Management Solution™. The format and medium used to provide the data to the SUBSCRIBER will be solely and completely the determination of 4g Software, LLC. The SUBSCRIBER must make the request for the data at the same time they request termination of the agreement. 4g Software, LLC will destroy any and all copies of the SUBSCRIBER'S data either upon termination of the agreement with the SUBSCRIBER, or after a copy of the data has been provided to the SUBSCRIBER if a copy was requested by the SUBSCRIBER at the time of termination.

17. Fees - The SUBSCRIBER agrees to pay to 4g Software, LLC charges, including any applicable taxes, as posted on the web site or communicated in another form. 4g Software, LLC reserves the right to charge additional fees if the SUBSCRIBER significantly exceeds the disk space and bandwidth usage of the average SUBSCRIBER. Before any additional amount is charged to a SUBSCRIBER, 4g Software, LLC will give notice 30 days in advance to any SUBSCRIBER who is in danger being assessed additional fees.

4g Software, LLC reserves the right to change service, fee, or other amounts paid by the SUBSCRIBER by giving at least 30 days notice to the SUBSCRIBER.

18. Payment Terms - Monthly subscribers will be billed for service usage of the upcoming 30 day period. Payment terms of all fees and charges is due 15 days after the billing date. Any past due amount will be charged a late fee of 5% of the current amount due per month until fully paid.

Payment terms of all fees and charges for annual payment plans are due on the clients annual anniversary date. Payment terms of all fees and charges is due 15 days after the billing date. Any past due amount will be charged a late fee of 5% of the current amount due per month until fully paid.

Invoices will be sent by email only. The SUBSCRIBER is responsible for providing and maintaing a valid, monitored, unblocked email address to 4g Software, LLC for the purposes of billing and any other required communication.

If a SUBSCRIBER has an outstanding balance of 60 days or more, 4g Software, LLC reserves the right the disable login access until the outstanding balance has been paid in full. If a total of 90 days have passed and no payment has been paid on the account, 4g Software, LLC will consider the account abandonded and delete all SUBSCRIBER data. The account may be turned over to a collections agency for all amounts due including any accrued during the 90 day period. 4g Software, LLC will continue to email invoices, late payment reminders, and notices of pending termination and data deletion to the SUBSCRIBER until the date the account is deleted.

19. Links to other Web Sites- 4g Software's Halcyon Funeral Home Management Solution™ may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on 4g Software's Halcyon Funeral Home Management Solution™ does not imply approval or endorsement of the linked Web site by us. If you decide to leave 4g Software's Halcyon Funeral Home Management Solution™ and access these third-party sites, you do so at your own risk.

20. Legal Compliance - You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of 4g Software's Halcyon Funeral Home Management Solution™ and the Content and Materials provided therein.

21. This agreement shall be treated as though it were executed and performed in Fayette County, Georgia, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Georgia (without regard to conflict of law principles).  Any cause of action of SUBSCRIBER or USER with respect to 4g Software's Halcyon Funeral Home Management Solution™ or 4g Software, LLC must be instituted within six (6) months after registration or be forever waived and barred.  All actions shall be subject to the limitations set forth in this agreement.  The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party.  All legal proceedings arising out of or in connection with this agreement shall be brought solely in Fayette County, Georgia, and SUBSCRIBER expressly submits to the jurisdiction of said courts and SUBSCRIBER consents to extra-territorial service of process.  Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect.  To the extent that anything in or associated with 4g Software's Halcyon Funeral Home Management Solution™ or 4g Software, LLC is in conflict or inconsistent with this agreement, this agreement shall take precedence.  Failure of 4g Software, LLC to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.