Terms of Service

All users of this site and of the CrowsNest application are encouraged to read and understand these Terms of Services. Use of the site and application contained therein, constitute an agreement to these Terms.

If you do not agree to or accept these Terms of Service as they are, please do not use the site or application. If for any reason you are unable to meet all the conditions set forth under this agreement, or that if you breach any of the terms of service contained herein, your authorization to use this site or access any of the services offered under it immediately lapses and you must destroy any materials downloaded or printed from this site.

MutinyWare reserves the right to modify or change these Terms of Service without giving prior notice. We shall, however, endeavor to post the most current version of the Terms of Service on an easily accessible part of this site, to notify each customer of an update, and your use of this site is subject to the most current and/or updated version of Terms of Service as at the time of access or use of this site.

1. Definitions.

The following terms shall have the following meaning throughout the Terms of Service.

1. The terms "MutinyWare", "Company", "we", "us" shall refer to MutinyWare, LLC and all its affiliates.
2. The term "customer" refers to any person who maintains an account with us for conducting surveys, polls or assessments by such person.
3. The term "you" and "user" shall refer to any person who visits this site for a legitimate purpose and may also include a Customer in certain circumstances.
4. The term "system" shall refer to the online survey, poll and assessment application provided by MutinyWare and shall include the software running such application as well as content.

2. Right to Service.

1. Company's service will be provided on an "as is, as available" basis. Further, Company provides no warranty, written, expressed, or implied, for any survey, poll or assessment services provided, including, without limitation, warranty of the merchantability and warranty of fitness for a particular purpose. This expressly includes any reimbursement for losses of income due to disruption of service by Company or its providers beyond the fees paid to Company for services.
2. Should there be a failure or downtime of our service for a continuous period of more than one hour, and at the time a Customer was desirous of accessing his/her/its information, we may provide our services to such Customer (at the Customers request) for free for the next payment period which shall not be more than one month.
3. Should the Customer desire to terminate their subscription, they may do so through their account, or via an email from the account owner to CrowsNest Support.  If a subscription was paid for a year in advance, a pro-rated refund will be given to the customer based on the date of notice to cancel and the last time the system was used.
4. Customer and Customer’s Users will use the CrowsNest services in a manner consistent and compliant with any and all applicable laws of the State of Michigan and the U.S. Federal Government.
5. Use of any information obtained by way of Company is at User’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Company makes no warranty, written, expressed or implied of any guaranteed uptime, or that the service will function at a reliable level based on past performance.
6. Company is not responsible for any damages arising from Customer’s or Customer’s Users’ use of Company’s Services or by any inability to use the CrowsNest services for any reason.
7. Company shall make every reasonable effort to protect data stored on Company's Server(s). Company is not responsible for Customer or Customer’s Users’ data, files, or directories residing on Company's equipment. Customer is solely responsible for maintaining data, files, and back-ups.
8. The Customers and the users shall be responsible for maintaining the confidentiality of their usernames and password, and the Customer will be responsible for all activities performed under their passwords including charges for such activities, as well as unauthorized use.

3. Modification of Agreement.

Company reserves the right to add, modify, or delete any provision of this Agreement at any time and without notice. Company reserves the exclusive right and will be the sole arbiter as to what constitutes a violation of any of these provisions.

4. Potentially Tortuous or Illegal Conduct.

The following shall be construed as violations of this Agreement and may result in suspension or deletion of a Customer’s Users’ account or in Termination of this Agreement.

1. Company products and services may only be used only for lawful purposes. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Non-acceptable content or links may include, but are not limited to: Pirated software, Hackers’ programs or archives, Warez, Game Mods or Patches, Irc Bots, Chat Sites/Servers, Pornography and Adult Content, TGP, or any other file or media deemed by Company to be illegal or for which Customer or Customer’s Users do not have the legal right to use, post, or otherwise store on Company servers.
2. No one shall post defamatory, scandalous, or private information about a person without their consent or with intention to inflict emotional distress, or post any information that violates any rightful trademarks, copyrights, or other intellectual property rights.
3. Sending unsolicited email messages (“Spam”) from or through Company’s servers, including, without limitation, commercial advertising or informational announcements, shall be prohibited. Company reserves the right to terminate this Agreement and any other accounts under Customer’s account if Company determines that unsolicited mass email has occurred or if Company receives complaints that unsolicited email messages have been sent from Customer’s account.
4. Any unauthorized distribution or copying of copyrighted material, violations of U.S. export restrictions, harassment, fraud, dealing in contraband, and other illegal activities, or dealing in content and material that has been deemed illegal in the User’s community, state, province, or municipality.
5. Falsifying any User information provided to Company or to other Users of the service in connection with the use of a Company service.

5. System and Network Security.

Violations of system or network security are strictly prohibited, and may result in criminal or civil liability. Examples include, but are not limited to: allowing unauthorized access, use, probe, or scan of any Company system, security, authentication measures, data or traffic; interference with service to any User, host or network, mail bombing, flooding, or attempts to overload a system or broadcast attacks.

6. Domain Name Notifications.

Company does not guarantee that all domain name transfers or updates to DNS records, MX records, Aliasing Records, URL forwarding, domain name forwarding or other Registrar or DNS-related service or product will succeed.

7. DNS Information.

Company shall not be responsible for updating any of the DNS records or entries for transferred domain names. Customer shall have sole responsibility for ensuring that all relevant DNS entries for domain name(s) are correct. Fees paid for transferred domain names are not refundable if the transfer fails for any reason. This may include, but is not limited to: timeouts resulting from a delay in owner or registry approval, incorrect contact information in the WHOIS record, or attempted transfers of domains that are not transferable for any other reason.

8. License.

MutinyWare grants the Customer a non-exclusive, non-transferable license to use its software and also allow users to use this resource in accordance to these Terms of Service. The Customers and the users as well do agree not to infringe on proprietary as well as the intellectual property of third parties with whom we have partnership with, and this will also involve abiding with the terms of license agreements that are applicable thereto.

MutinyWare may, without notice or liability, add, discontinue or revise any aspect, mode or design of the system which include but not limited to the scope of service, time of service, or to the software/hardware required for access into the system.

MutinyWare has both the proprietary rights as well as the intellectual property rights that are contained in the hardware/software that make up the system. The technical procedures, processes, concepts and methods of operation that are inherent within the software constitute trade secrets. The usage by Customers and users of our software does not constitute sale or transfer of any of our rights in the software to such Customers or users. Without any prejudice to the foregoing, any information or data entered into the system by the Customer or otherwise provided for entering into the system on the Customers behalf shall at all material times remain the property of the Customer.

That the Customer will not make copies of the software, or otherwise cause to be made such copies and will also take all reasonable steps to forestall any unauthorized copying, or to disclose to any third party any trade secrets that the Customer may have come across whilst using our services, which include, inter alia, advising and preventing the users from duplicating or using reverse engineering to make unauthorized copies of the software.

The Customer may not lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to MutinyWare in a manner that is inconsistent with our intellectual property rights over the software.

9. Updates.

MutinyWare will endeavor to continuously improve its software for better usage by the Customers. As such we may remotely update any version of our software with or without a prior notice to the Customers or users. The updates may occur automatically or may be caused to occur through operation of prompts that appear on the Customers interface. The updated version will be subject to the current terms of service and any other additional terms that may also be included in the current terms with or without notice. MutinyWare may send emails to Customers explaining the new features of the updated version of the software or may simply post such updates on the most appropriate portion of its website.

10. Limitation of liability.

The Customers and their users hereby agrees to release, remise and forever discharge MutinyWare and its affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with his/her/its use of the MutinyWare's software to the extent that such release is not prohibited by applicable law. If the Customer is dissatisfied with the service or finds any part of these Terms of Service unacceptable, then such a Customer may choose to discontinue using the services offered through our website.

In no event will MutinyWare, LLC become liable to a Customer or any other person for any lost profits, lost savings, lost data, or other special or consequential, incidental or exemplary damages arising out of or relating to this agreement or any information, product or data that is in the hands of MutinyWare under this agreement including but not limited to, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, or any indirect or consequential loss or damages, even if we have been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable. Nothing in this agreement operates to relieve MutinyWare any liability from wanton or willful and reckless acts that may give rise to liability in tort or contract.

Except in the manner provided for in this terms of service, a Customer is not entitled to any warranty that the service provided by the websites will meet the Customers requirements and expectations, or that the services will be uninterrupted, flawless, timely, accurate, reliable, secure or error free or that the website will be free of viruses or other harmful elements, or that the errors in the software will be corrected.

11.Termination of service.

The agreement with the Customers is for effective on a month to a month basis and may continue on such basis until the agreement has been terminated by either party. The following are the ways in which the agreement between the Customer and MutinyWare may be terminated.

1. We receive a written notice from the Owner or Renter in which a wish to be no longer bound by these Terms and Conditions can be deduced.
2. We issue notice to any party to the effect that that party has in our reasonable judgment breached this agreement or any other agreement as between the parties and upon expiration of 7 days to remedy the breach and such party failing to do so.
3. Upon any party being adjudged bankrupt or having a receiving order being made against him/her.
4. Upon us giving a 15 days notice terminating the agreement to any party and such notice will be effective upon the expiration of the 15 days.

12. Credit Card Information.

MutinyWare does not store the credit card information of users or Customers unless the user or Customer inputs credit card data into the auto billing feature within MutinyWare periodic billing mechanism. Customers and users who enable auto billing and choose to store their credit card information or that of their users (or vice versa) are responsible for the security of that credit card information. When storing credit card information using the MutinyWare periodic payment mechanism, Customers and users acknowledge that they are aware of, and accept as satisfactory, MutinyWare credit card number protection procedures.

13. Disclosure of information.

While we acknowledge that the confidentiality of any information stored into our system must be maintained at all costs, we may, upon special circumstances have to disclose information about Customers in any of the following circumstances.

1. Fraud prevention and law enforcement;
2. To comply with any legal, governmental or regulatory requirement;
3. Our lawyers in connection with any legal proceedings

14. Consequences of Violation.

If Company becomes aware of an alleged violation of any of the terms contained in this Agreement, or any other policy that has been posted on its web site, made available to Customer via email, or posted in any other form, Company shall initiate an investigation. During the investigation, Company may restrict Customer or Customer’s Users’ access to Company products and services in order to prevent further possible unauthorized activity. Company may, at its sole discretion, restrict, suspend, or terminate Customer's account without notice or refund, or pursue civil remedies as it deems necessary. Company shall notify the appropriate law enforcement department of any such violations. Company shall not be responsible for any payment, refunds, or compensation in any way for service disruptions or termination resulting from violations of this Agreement.

15. Third Party links and Content.

This website may contain links to other websites provided by third parties. Such sites are completely independent to this site and as we have no control over them, we accept no liability in respect of the Customers use or inability to use them or any of the content of such sites. We likewise accept no liability in respect to any of the products, information, materials or services offered or provided by other organizations listed or linked to this site, and neither do we endorse any of these sites or their products and services. Should the Customer or user elect or enter into a binding contract with any of this site, we are not involved in any way and therefore we will not be liable in contract or otherwise for any injury, loss or damage suffered as a result of the Customer or user accepting or offering to accept any products or service that are available from those sites

16. Force Majeure.

Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its unrealistic control, including but not limited to, acts of God, earthquake, embargo, labor disputes and strikes, riots, war, floods and governmental restrictions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.

17. Severance.

All provisions of these Terms of Service are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms of Service should be determined to be unenforceable because they have been held to be invalid, illegal, void or unlawful for any reason by any court of competent jurisdiction then such Term of Service shall be considered pro-non scripto, and shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining Terms of Service shall survive and remain in full force and effect and continue to be binding and enforceable.

18. Governing Law.

This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws applicable in the United States of America, without any regard to a conflict of laws provision, and the parties hereto irrevocable submit to the exclusive jurisdiction of the courts of the United States of America.

19. Legal Status of MutinyWare Inc and its affiliates.

The website, crowsnest.mutinyware.com, and the name MutinyWare are property of MutinyWare, LLC a company incorporated and as its place of address as follows.

MutinyWare, LLC
PO Box 357
Lake Orion, MI  48361 USA