--- title: Crows Nest® Terms of Use | Corbeau® Tech description: The Crows Nest® terms of use govern your use of the website together with all information, content, products, and services. --- # Crows Nest® Terms of Use ## CROWS NEST® TERMS OF USE AGREEMENT Last Updated November 9, 2023 This Terms Of Use Agreement (“Agreement”) is effective as of the date the Crows Nest mobile application (the “App”) is downloaded by or on behalf of You (defined below) and is between Corbeau IP Holdings, LLC (“Corbeau”) and the company authorized by Corbeau to access and use the App (“You” and includes references such as “Your” or “Yours” or “Yourself”). The App is not available for individual or consumer use. 1. Acceptance of Terms and Changes to Terms 1.1 By accessing and using the App, You agree, on behalf of Yourself and associated persons to which You grant access to the App (each, a “User”), to be bound by the terms of this Agreement which constitutes a binding legal agreement between You and Corbeau. In addition to the terms of this Agreement, a condition of access to and use of the App is that You agree to the Corbeau Acceptable Use Policy, which is located online at https://thecrowsnestapp.com/ and which is a part of this Agreement and applicable to Your activities while using the App. You are responsible for the acts and omissions of Your Users in connection with access to and use of the App. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT (INCLUDING THE ACCEPTABLE USE POLICY), YOU (AND ANY USER) MUST NOT FURTHER ACCESS OR USE THE APP. 1.2 Corbeau may revise and update the terms of this Agreement from time to time in its sole discretion. All changes are effective immediately when updated on the https://thecrowsnestapp.com/ (the “App Website”) and apply to use of the App thereafter. You are expected to regularly check the App Website so You are aware of any changes, as the terms are binding on You. Your continued access to and use of the App thereafter shall constitute acceptance of the revised or updated terms of this Agreement. **2. App Access and Usage** 2.1 This Section 2.1 is applicable only to a company and its Users that have no definitive purchase agreement with Corbeau. The App is provided for a period of thirty (30) days from the date Corbeau authorizes You to access and use the App. The purpose of the App is solely to demonstrate a technology solution available for purchase by commercial entities. The App is not available to individuals for personal or consumer use. You agree not to attempt to introduce any personally identifiable information, production data or other sensitive data with the App. The solution available for purchase from Corbeau is separate from the App and subject to terms of a separate agreement. 2.2 By downloading the App, You consent to receive communications from Corbeau except to the extent you unsubscribe to such communications. All information Corbeau collects in connection with the App is subject to the Corbeau Privacy Policy at Privacy Policy | The Crows Nest™ App (thecrowsnestapp.com). By accessing and using the App, You consent to all actions taken by Corbeau with respect to Your information, in compliance with the Corbeau Privacy Policy, to the extent applicable. 2.3 Any communication from Corbeau regarding the App will be sent to the contact information provided by You. If communications from Corbeau are transmitted to a mobile or similar device, third-party data rates could apply. **3. Use and Restrictions** 3.1 Use of the App is conditioned on compliance with the terms herein and all applicable laws and regulations and compliance with the Corbeau Acceptable Use Policy. If You do not agree with the Corbeau Acceptable Use Policy, You will not be granted access to the App. 3.2 You shall not use the App for any purpose beyond the scope of access and use described herein and do not have the right to assign the App. Any attempt to assign the App is void. You shall not at any time, directly or indirectly, (i) copy, modify, or create derivative works of the App in whole or in part; (ii) rent, lease, lend, sell, share, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the App including, without limitation, login credentials; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the App, in whole or in part; (iv) remove any proprietary marks from the App or use any Corbeau proprietary marks without prior written approval; (v) use the App in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; or (vi) use the App for the purpose of competing with Corbeau or gathering information for a competitor or potential competitor of Corbeau. 3.3 You agree to promptly provide written notice to Corbeau of any unauthorized access to or use of the App, including all details known to You. Your obligation under this subsection shall be ongoing as additional details become available. You further agree to cooperate with Corbeau in an investigation of such an event and to use Your best efforts to mitigate or stop the unauthorized activity. 3.4 Corbeau reserves all rights not expressly granted to You in this Agreement. Except for the limited access and usage rights expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, any intellectual property rights or other right, title, or interest in or to intellectual property owned or licensed by Corbeau. Your suggestions and ideas for improvement, further development or enhancement of, or other comments relating to or in connection with the App, whether oral or written are and will be owned by Corbeau without any further action on the part of either party and with no obligation of compensation to You. 3.5 Your right to access and use the App may be suspended or terminated, in whole or in part, for failure to comply with the terms of this Agreement including, without limitation, the Acceptable Use Policy, the terms of which are incorporated herein. Corbeau is not liable for any damage, liabilities, losses or any other consequences incurred as a result of such suspension or termination. **4. Disclaimers** 4.1 Any links contained in the App to resources or sites provided by third parties are provided for Your convenience. Your access to and use of any such resources or sites is at Your own risk and You may be subject to additional terms and obligations by the third parties. Corbeau has no control over such third parties, resources or sites and shall not be liable for any loss, damage or other consequence that may arise from Your use of them. 4.2 ACCESS TO AND USE OF THE APP IS AT YOUR OWN RISK AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS. WITHOUT LIMITING THE FOREGOING, CORBEAU MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP, THAT DEFECTS WILL BE CORRECTED OR THAT THE APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CORBEAU HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. CORBEAU ALSO DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY BASED ON COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. 4.3 TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF SUCH DAMAGES COULD HAVE BEEN FORESEEN OR IF CORBEAU HAS BEEN APPRAISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF ANY STATUTORY DUTY OR OTHERWISE, IN NO EVENT WILL CORBEAU BE LIABLE HEREUNDER FOR DAMAGES OF ANY NATURE WHATSOEVER. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION IS NOT INTENDED TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 4.4 USE OF THE APP DOES NOT SUBSTITUTE FOR, OR CONSTITUTE, BUSINESS OR PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE TO EXERCISE YOUR OWN JUDGMENT IN BUSINESS DECISIONS AND ARE RESPONSIBLE FOR OUTCOMES AS A RESULT OF, OR ASSOCIATED WITH, USE OF THE APP. 4.5 You shall (i) hold harmless and defend Corbeau against any third-party claim that Your use of the App infringes or violates a patent, copyright or rights of a third party and (ii) pay the resulting costs and damages finally awarded against Corbeau by a court of competent jurisdiction or the amounts stated in a written settlement signed by You. Notwithstanding the previous sentence, You shall not agree to a settlement of any such claim without Corbeau’s prior written approval unless the settlement does not implicate Corbeau or allocate wrongdoing to Corbeau. **5. Miscellaneous** 5.1 This Agreement shall be governed by and construed in accordance with the internal laws of the state of Oklahoma, without reference to conflict of law principles. Any dispute relating to the App shall be submitted to binding and final arbitration by a single arbitrator selected by the American Arbitration Association. Nothing in this section shall restrict a party’s right to seek injunction or other equitable relief in any court of competent jurisdiction prior to initiating arbitration. Sole and exclusive jurisdiction for any such dispute shall be in state or federal courts located in Oklahoma County, Oklahoma. You agree that You will not consolidate or seek class treatment for any dispute relating to the App. 5.2 ANY CLAIM OR CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CLAIM OF CAUSE OF ACTION IS PERMANENTLY BARRED. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE NOT TO ENGAGE IN A CLASS ACTION SUIT AGAINST CORBEAU. 5.3 Failure or delay by Corbeau at any time to enforce a provision of, or exercise a right under, this Agreement shall not be construed as a waiver of any such provision. Such failure or delay to enforce or exercise shall not affect the validity of this Agreement, or any part thereof, or the right of Corbeau to enforce any provision of, or exercise any right under, this Agreement at any time in accordance with its terms. Likewise, a waiver of a breach of any provision of this Agreement shall not affect or waive a subsequent breach of the same provision or a breach of any other provision in this Agreement. 5.4 If any provision of this Agreement, or the application of any term or condition to any party or circumstances, is held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable and the application of such provision to other parties or circumstances shall remain valid and in full force and effect. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 5.5 Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties and neither party shall have authority to bind the other party in any manner whatsoever. Except as set forth below in Section 6, there are no third-party beneficiaries of this Agreement. 5.6 The headings used in this Agreement are for convenience only and do not constitute terms of this Agreement. This Agreement is the entire agreement between You and Corbeau and supersedes any prior or contemporaneous oral or written agreements, conversations, information or representations. Rights and obligations which by their nature should survive remain in effect after expiration or termination of this Agreement. **6. Notice Regarding Apple** This Section 6 only applies to the extent You are using the Crows Nest mobile application on an iOS device. You acknowledge that this Agreement is between you and Corbeau only, not with Apple, Inc. (“Apple”), and Apple is not responsible for the App or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the App. If the App fails to conform to any applicable warranty, You may notify Apple and Apple may refund any applicable purchase price for the mobile application to You and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App including (a) product liability claims; (b) any claim that the Apps fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App and/or Your possession and use of the App infringe a third party’s intellectual property right. You agree to comply with any applicable third party terms when using the App. Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and upon Your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement against You as a third party beneficiary of these terms. You hereby represent and warrant that (ii) You are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) You are not listed on any U.S. government list of prohibited or restricted parties. **CONTACT INFORMATION** If you have questions about this Terms of Use Policy, need to access it in a different format, or have questions about any activity regarding your Personal Information, feel free to contact us at: [legalnotice@corbeautech.com](mailto:legalnotice@corbeautech.com) or at the following address: Corbeau Tech, LLC Attn: Legal Department 101 Park Avenue, Suite 290 Oklahoma City, OK 73102 ![](https://px.ads.linkedin.com/collect/?pid=7629866&fmt=gif)