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Terms of Service

Birdnest's Terms of Service

Terms and Use

BNS Client Data Access, Storage and Retrieval Access to View, Edit, print, and download client data BirdNest™ has the right to use anonymous data BNS Client Support: Phone/email technical support (Monday-Friday, 8:00 am – 5:00 pm CST). Client to designate one Account Manager as primary contact. This agreement does not provide support services for Client’s computer equipment, hand-held devices, network equipment, database software, or any other product that may malfunction. This agreement does not include any additional custom development or programming required to customize BirdNest™ services to Client’s particular needs. BNS Consulting Services may include: Custom element generation Custom report building Additional on-site training for users and managers Other Consulting such as: Needs Assessment: Operations, Compliance, Maintenance, Work-Order and Asset Management field data collection requirements and/or evaluate areas of integration and improvement. Custom software solutions Data interface software development Systems integration

Limitation of Liability

BNS liability shall be limited to the amount paid for Licensed BNS services acquired hereunder. Under no circumstances shall BNS be liable for incidental or consequential damages arising out of or in connection with the use or performance of BirdNest. BNS liability will be limited to refunding the amount paid for such licensed services. BNS shall not be liable for delay in furnishing or failure to furnish service if an act of God, labor action, governmental action, theft, vandalism, failure of a cellular network or any other cause beyond the reasonable control of BirdNest™, causes such delay.

General

If Client breaches any of the terms of this Agreement, BirdNest™, in addition to any other legal remedy it may have, may cancel this Agreement effective upon written notice to Client. The terms and conditions of this Agreement prevail over the terms and conditions of any other order submitted by Client for maintenance service under this Agreement. This Agreement or other proof thereof must be presented as valid Maintenance coverage upon request.