Toro TriComm Web Site User Agreement This Web Site User Agreement for the ToroTriComm Web Site ("Toro TriComm") is a legal agreement between you (either an individual or an entity referred to herein as "you") and The Toro Company ("Toro") for the use of the Toro TriComm (and related documentation). By using the Toro TriComm, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the Toro TriComm. The Toro TriComm web site contains trade secret, confidential and proprietary information that is property of The Toro Company. All content included on the Toro TriComm web site, such as text, graphics, logos, button icons, images, is the exclusive property of The Toro Company and protected by U.S. and international copyright laws. The content on this site may be used for transactions contemplated by Toro TriComm. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. You will need a username and password to enter the Toro TriComm website. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and account. You agree to immediately notify The Toro Company of any unauthorized use of the password or account or any other breach of security. The Toro Company cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation. Information on the Toro TriComm may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Toro may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. THE WEB SITE FUNCTIONALITY AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TORO FURTHER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. IN NO EVENT SHALL TORO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE. You are also responsible to ensure that your irrigation system is properly installed and functioning. Otherwise, suggested schedules may not work. In no event will Toro be liable for any lost profits or any damages including direct, indirect, special, consequential, or any other type of damages, arising out of the installation or use of this web site including, but not limited to, vegetation loss, the cost of substitute vegetation or services, property damage or personal injury.