Our Terms of Service
The data, calculation functions, analysis tools and other information available on the www.FlowWorks.com web site are for the exclusive use and benefit of the User. Users are defined as individuals or organizations that have entered into a service agreement with Kerr Wood Leidal Associates Ltd. (KWL), the owner of Emerald FlowWorks. The data, calculations, analyses and other information produced by or accessible to the User through Emerald FlowWorks (the “Information”) may be incorrect, raw or incomplete. KWL does not make any representations or warranties whatsoever, whether express or implied, as to the correctness, completeness or quality of the Information and, without limitation, does not accept any responsibility whatsoever for any Information that the User may share with any other person or may make publicly available on Emerald FlowWorks or otherwise.
The User may from time to time experience interruptions of service or availability or a degradation of functionality of Emerald FlowWorks or some of its features, including, but not limited to, interruptions or degradation in data collection, due to Internet outages, equipment failures, power failures, or similar events beyond the control of KWL (“Interruptions”). KWL makes no guarantees or assurances that such Interruptions will not occur, or that data collection will be accurate or complete during or following such Interruptions. Emerald FlowWorks may also be temporarily unavailable due to maintenance, repairs or upgrades performed by or on behalf of KWL (“Maintenance”). While KWL will make commercially reasonable efforts to notify the User in advance of such Maintenance, it is under no obligation to do so. Monthly fees are not pro-rated due to Interruptions or Maintenance, unless Emerald FlowWorks is unavailable for more than seven calendar days in any given month.
Limitation of Liability
The User agrees that any and all claims which the User may have against KWL with respect to or in connection with Emerald FlowWorks, howsoever arising, whether in contract, tort, breach of statutory duty or based on any other cause of action whatsoever, shall be absolutely limited, individually and in the aggregate, to an amount equal to the Fees paid by the User to KWL for the month or months in which such claim arose. In no event will KWL be responsible for (a) punitive, exemplary or aggravated damages, or (b) indirect, consequential or special damages, including, but not limited to, damages for loss of profit, revenue, production, business, contracts or opportunity or increased cost of capital, financing or overhead incurred by the User. The User further agrees that all liability of KWL to the User in respect of Emerald FlowWorks expires upon User’s termination of its monthly fee payments to KWL. None of the shareholders, directors, officers, employees, agents, representatives, consultants or sub-consultants of KWL shall be subject to any personal liability for any debts, liabilities, obligations, claims, demands, judgments, costs, charges or expenses (including legal costs) arising, directly or indirectly, with respect to or in connection with Emerald FlowWorks, as a result of anything done or permitted to be done by any of them in respect of the execution of the duties of their office or otherwise, and the User agrees not to bring any action or proceedings against such individuals in their personal capacity. The limitation of liability set forth in this paragraph shall survive the termination or expiration of this Agreement.
