Legal

IRRIGATION AUDIT APPLICATION LEGAL NOTICE

For your information Hydro-Rain, Inc. (“Hydro-Rain®”) has established its Terms of Use for IRRIGATION AUDIT APPLICATION.

DISCLAIMER

The IRRIGATION AUDIT APPLICATION Application (“application”) and IRRIGATION AUDIT APPLICATION Output (“output”) are provided by Hydro-Rain® on an “as is” basis. You, as the user, agree that the use of the application and output is at the user’s own risk. Neither Hydro-Rain®, nor its affiliates, officers, directors, employees, consultants or agents warrant that the application will be uninterrupted or error-free. Nor do they make any warranty as to the output that may be obtained from the use of the application, or as to the accuracy, reliability or currency of any information, content, or service provided. Hydro-Rain® may withdraw the application and its content at any time without further claim by the user.

The sole intent of the application and output is to provide homeowners with a fast, efficient method by which to input the results of a self-administered sprinkler audit, generate a watering schedule for personal, outdoor irrigation use, and improve watering efficiency. The output represents one possible way of many to schedule watering. This software, the resulting watering schedule, system efficiency calculation, problem areas identification and solution recommendations, and any customization recommendations are intended to be used as a help guide only. Although every effort has been made to ensure that the application and output produce reasonable watering schedule recommendations, the user is responsible for verifying all details, measurements, and inputs and shall be solely responsible for the same. While the application and output follow generally accepted irrigation scheduling practices and use generally available historical evapotranspiration data; local practices, regulations and actual evapotranspiration rates vary widely, and Hydro-Rain® shall be held harmless for any and all errors.

The application and output cannot and do not presume to take into account site specific factors such as slope, soil type, vegetation type, current weather conditions, unseasonable weather, microclimatic factors, property and system peculiarities, or other physical factors which may materially affect water requirements and scheduling at any point in time and over time. The user is solely responsible for identifying, evaluating and addressing all risks associated with relying on the watering schedule which derives from the use of the application or output.

HYDRO-RAIN® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR MATERIALS INCLUDED ON THE APPLICATION, THE OPERATION OF THE APPLICATION, OR THE OUTPUT PRODUCED FROM THE APPLICATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HYDRO-RAIN® EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SELLERS, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL HYDRO-RAIN® BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS OR LOST DATA) WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORT OR OTHER LEGAL THEORY, ARISING FROM THE USE OF THE APPLICATION OR OUTPUT.

INTELLECTUAL PROPERTY NOTICE

IRRIGATION AUDIT APPLICATION is a trademark of Hydro-Rain®.  Hydro-Rain’s trademarks may not be used in connection with any product or service that is not Hydro-Rain’s without express written permission.

All content included in the application, including all logos, graphics, photographic images, illustrations, paintings, text and software is the sole and exclusive property of Hydro-Rain® and is protected by U. S. and international intellectual property laws. All software used on this application is the property of Hydro-Rain® or its software suppliers. The compilation of the content on this application is the exclusive property of Hydro-Rain®. Any use of this content, except for the express purpose of linking back to the application, is forbidden. Any reproduction, modification, distribution, republication or display of content is strictly prohibited.

In the event the provisions herein are void or voidable, the remainder of the terms of use shall be in full force and effect.