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Irritrol

Web Site Terms and Conditions for Irritrol.com


In General

This web site (the "Site") is provided to you by Irritrol.  Access to and use of this Site and the services available at this Site are subject to these Web Site Terms and Conditions of Use (the "Terms").  By accessing or using the Site or downloading materials from the Site, you warrant that you are of the age of majority and agree to these Terms.    Please, review them carefully.  If you do not agree to the Terms, you must immediately log off the Site and may not use the Site.


Best Viewing Practices

This site makes use of dynamic HTML and is designed to display properly in Internet Explorer 5.5, Firefox 1.0+ and Netscape 6.0. For Netscape 4.7 users, we recommend upgrading to the most recent browser for optimal site viewing and performance.

The Macromedia Flash Player and the RealOne Player plug-ins are required to view portions of this site.


Collection of Visitor Information

Any information collected on this Site is governed by the Irritrol Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with Irritrol through the Login/Registration page and you must agree to be bound by any additional applicable terms and conditions which may be provided there.


Links to other Web Sites

This Site may contain links to other web sites. Additionally, other web sites may contain links to this Site. Irritrol does not review or monitor the web sites linked to this Site and is not responsible for the contents of any other web sites. Any link established by Irritrol does not in any respect whatsoever constitute an endorsement of the other web sites or create a relationship between Irritrol and the operators of other web sites. Irritrol disclaims any liability with respect to your use of any other web site, and you release Irritrol from any liability related to your use of any link to another web site or your use of any other web site. Where this Site contains a link to another web site owned and/or operated by Irritrol, such web site use may be subject to different and/or additional terms of use and privacy policy terms and conditions.


Ownership or Intellectual Property, Limitations on Use

All content, data, and materials contained on this Site, together with all related rights with respect to registered and unregistered copyrights, registered and unregistered trademarks or service marks, patents, trade secrets and all other proprietary rights are exclusively owned or licensed by Irritrol. All of the foregoing are protected under the laws of the State of Minnesota, the United States, foreign jurisdictions, and/or international treaties.

This Site and all related proprietary rights shall remain the exclusive property of Irritrol or the applicable licensors of content, data, or materials. You are permitted to download or print one copy of material published on this Site solely for your personal, non-commercial use, provided that you do not modify the materials or remove or obscure any proprietary notices contained in the materials. Except as specified in the preceding sentence, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, re-post, or otherwise use this Site or the content, data, and materials contained on this Site. Use of this Site does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of the proprietary rights related to this Site.


Information Submitted to this Site.

Any communication or material, other than your personal information, submitted to this Site by electronic mail or otherwise shall become the exclusive property of Irritrol and shall be non-confidential and non-proprietary. Such communication or material may include, without limitation, questions, comments, suggestions, and ideas. Irritrol shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.


Disclaimer

Irritrol expressly disclaims any and all representations and warranties concerning this Site and the accuracy of the information and content on this Site. Irritrol makes no representation or warranty that the products or services advertised or offered on this Site will be available at all times, or that they will be available on the basis of any indicated terms or conditions. Nothing in these Terms or in any description of products or services shall constitute a representation or warranty with respect to such products or services. Irritrol disclaims any representation or warranty that any information on this Site satisfies the requirements of any educational institution, government agency, association, or other organization. Irritrol expressly disclaims any representations and warranties that this Site will operate in an error-free or uninterrupted manner. Your use and browsing of this Site is done at your own risk, and you hereby assume all risks associated with such activities. Irritrol expressly disclaims any representations and warranties that this Site or the server that makes it available are free of viruses or other harmful elements.

THIS SITE IS PROVIDED TO YOU "AS IS, WITH ALL DEFECTS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Irritrol SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS SITE.


Prohibited Activities and Visitor Obligations

As a visitor to this Site you shall not:

1. violate any applicable local, state, national or international statute, regulation, or law;

2. upload, post, use, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;

3. impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;

4. engage in any activities or manipulate identifying material to misrepresent the origin of content;

5. upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;

6. upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any copyright, trademark or service mark, patent, trade secret, or any other proprietary rights;

7. upload, post, use, or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

8. upload, post, use, or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;

9. interfere with or otherwise limit the use of this Site by other users; or collect, compile, or store personal information about other users of this Site;

10. collect or store personal data about other users; or

11. use this Site for commercial purposes.


Indemnification

You agree to indemnify, defend, and hold harmless Irritrol and its successors and assigns from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that it shall incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms, or your breach of any of your representations or warranties made under these Terms.


Limitation of Liability

Irritrol shall not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Site, or arising out of any other matter, act, or thing associated with this Site or Irritrol's conduct of its business. Under no circumstances whatsoever shall Irritrol's aggregate liability resulting from your use of this Site exceed Five Dollars ($5.00).


Changes to Terms

These Terms may be changed without notice. You expressly waive any right to receive notice of any changes to these Terms. Any use of this Site following the date on which changes to these Terms or the Privacy Policy are published shall constitute your acceptance of all such changes. You should review these Terms often to determine whether any changes have been made.


Continued Operation, Accessibility and Maintenance of this Site

Irritrol may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any products or services without notice, and reserves the right to refuse service to anyone at any time, with or without cause.


General Provisions

Any failure by Irritrol to enforce any provision of these Terms shall not be construed as a waiver of any provision or the right to enforce same. These Terms shall be governed by the laws of the State of Minnesota in the United States, without regard to its choice of law principles or rules. For the purpose of resolving conflicts relating to or arising out of these Terms, or arising out of any other dispute or claim associated with the Site, venue shall be in the State of Minnesota only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in Hennepin County in the State of Minnesota. If any portion of these Terms are held to be invalid, such holding shall not invalidate the other provisions of these Terms.


Contact

For questions related to these Terms email Irritrol at legal@Irritrol.com, or send a letter to:

Irritrol
8111 Lyndale Ave
Bloomington, MN 55420-1196
Attention: Legal Department

© Irritrol 2008 - All Rights Reserved


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