Please read these Terms of Use (“Terms”, “Terms and Conditions”) carefully before using the Combined Fluids mobile App (Combined Fluids) collectively the “Service”.
By downloading, accessing, or using the mobile App, or associated websites made available by Combined Fluids you (as user) agree to be bound by these Terms. Please read them carefully. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
The Service is operated and owned by: Archimedes Workshop LLC with contact information as below (and we refer to ourselves as “we”, “us” or “our”). We own and operate the website and mobile App.
We reserve the right, at our sole discretion to change, modify, or replace these Terms, at any time without notice to you, by posting changes on the archimedesworkshop.co website or by updating the mobile App Combined Fluids to incorporate the new terms of use. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. We will provide notice of such changes, such as by sending a notification or posting a notice on the Service or updating the “Last Updated” date above. Your continued use of the App after changes are posted or your failure to notify us of your intent to terminate the Service will constitute your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or service. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
CONTENT
The use of “Combined Fluids” grants you a personal, non-exclusive, non-assignable, license for the installation and use of this app provided that you observe the following terms. This agreement also applies to updates and upgrades to this app. This app supplies only approximate values and estimates based on the parameters entered by the user and the formulae stored in the app. Making a decision regarding whether the app and the underlying formulae are applicable to a particular application is the sole responsibility of the user. The app does not replace, under any circumstances, precise engineering calculations, designs and sizing according to the state-of-the-art science or technology and the statutory requirements of each application. The Service uses commonly accepted terms and standards from the oil, gas, and geothermal industries to calculate the Combined Fluids and required amount of materials used to achieve that Combined Fluids. The app offers the ability to adjust specific gravity, weight of sacks, and pallet sizes, as well as the ability to save mud and material preferences for different wells.
The Service is currently made available to you for your personal and non-commercial use. We reserve to right to amend or withdraw these rights of the user and request registration or increase charge for the Service provided at any time without notice and for any reason whatsoever.
The Services doesn’t store the user information or share with other users or make available or viewable to other users. However, to understand the usage of the Service by the users, we may collect the information regarding the locations specified by the users, frequently used features, and information provided.
SYSTEM REQUIREMENTS
In order to access the Service through the Mobile App, the user is required to have a downloaded mobile app, internet access where applicable, and a phone or a tablet or a device with the appropriate operating system and minimum system specification. The minimum system specifications are: iOS 12.2.
To use the Services, the user will require Internet connectivity where applicable and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs the user may incur in use of the Service.
The version of the mobile App may be upgraded from time to time to add support for new functions and Service.
ACCESS AND INTERFACE
You may not use the Service for any illegal or unauthorized purpose or purpose other than intended for. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service. You are solely responsible for your conduct in using the Service. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms.
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Services. You agree not to post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service.
You agree not to attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services. You agree not to attempt to gain an unauthorized access to any portion of the Services. You agree not to download and reuse any of the data from the Service.
INTELLECTUAL PROPERTY RIGHTS
The contents of the Service, including its “look and feel” (e. g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material of the Service remain our exclusive property and are owned by us. The Services are protected by patent, copyright, trademark, and or other laws of United States and foreign countries.
logos and other distinctive features of the Service. You may not use any part of the Service for your commercial purpose without obtaining a license to do so from us.
We hereby grant you a worldwide, non-exclusive, revocable license to use the Service for your personal use in accordance with these Terms.
TERMINATION
The Terms will continue to apply until terminated by either you or us.
You may end your legal agreement with us at any time for any reason by discontinuing your use of the Service.
We may suspend or terminate or cease providing you with all or part of the Services at any time without prior notice or liability, for any reason whatsoever including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Service to you is no longer commercially viable. We may make reasonable efforts to notify you of suspension or termination of Service.
All provisions of the Terms that by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER AND WARRANTIES
THE SERVICE, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE CONTENT; OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION VIA THE SERVICE. (C) IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE TIMELY, ERROR-FREE OR UNINTERRUPTED; WE MAY OCCASIONALLY, WITHOUT NOTICE, CARRY OUT REPAIRS, MAINTENANCE OR INTRODUCE NEW FACILITIES OR FUNCTIONS.
WE DON’T WARRANT THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER OR COMPONENTS THAT MAKE THE SERVICE AVAILABLE ARE FREE FROM ANY HARMFUL ATTRIBUTES, INCLUDING, WITHOUT LIMITATION, VIRUSES, MALWARE, ADWARE AND SPYWARE.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, UP-TO-DATE, FIT FOR A PARTICULAR PURPOSE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK; WE DO NOT ACCEPT ANY LIABILITY FOR ANY ERRORS OR OMISSIONS.
WE DO NOT WARRANT THAT THE SERVICE WILL BE COMPATIBLE WITH ALL HARDWARS AND SOFTWARE WHICH YOU MAY USE. WE SHALL NOT BE LIABLE FOR DAMAGES TO, OR VIRUSES OR OTHER CODE THAT MAY AFFECT, ANY EQUIPMENT, SOFTWARE, DATA OR OTHE PROPERTY AS A RESULT OF YOUR DOWNLOAD, INSTALLATION, ACCESS TO OR USE OF SERVICE OR YOUR OBTAINING ANY MATERIAL FROM, OR AS A RESULT OF USING, THE SERVICE.
WE SHALL ALSO NOT BE LIABLE FOR THE ACTIONS OF THIRD PARTIES.
WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR SERVICE OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY MOBILE APPLICATION, WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY MOBILE APPLICATION, WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
INDEMNIFICATION
By agreeing to these Terms, you agree to indemnify, defend and hold us and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Services and/or any violation of the terms of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Services and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of the Services provided by us must be filed within Fifteen (15) days after such claim arose; otherwise, your claim is permanently barred.
GOVERNING LAW
These Terms, as well as any claim that might arise between you and us shall be governed and construed in accordance with the laws of California, United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in full forces and effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service. These Terms do no create or confer any third-party beneficiary rights.
CONTACT US
If you have any questions about these Terms, please contact us. Email: support@archimedesworkshop.co