Exmark Manufacturing Company, Inc.

Terms and Conditions of Use

In General

This site is provided to you by Exmark Manufacturing Company (Exmark). Site, as used in these Terms and Conditions of Use, includes our pages and applications on third-party social-networking services such as Facebook or Twitter as well as our websites and applications on mobile devices. Access to and use of this Site and the services available at this Site are subject to these 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.

Collection of Visitor Information

Any information collected on this Site is governed by the Exmark Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with Exmark through a 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 Websites or Mobile Applications

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

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 Exmark. 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 Exmark or the applicable licensors of content, data, or materials. Unless you have received our prior written permission, 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.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Information Submitted to this Site

Any and all content and materials you send or submit to Exmark or a third party provider on this Site, including, without limitation, comments, suggestions, photos, or contest or sweepstakes entries (collectively, "Submissions"), shall become the property of Exmark; and you hereby transfer, sell, and assign to Exmark all of your right, title, and interest in and to any such Submissions, including without limitation, any and all copyrights, trademarks, patents, trade secrets and/or other proprietary rights. Exmark has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Exmark shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN AS IS, WITH ALL DEFECTS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS OR IN ANY DESCRIPTION OF PRODUCTS OR SERVICES ON THE SITE SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS OR SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK. EXMARK EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES THAT (I) THE SITE WILL OPERATE IN AN ERROR FREE OR UNINTERRUPTED MANNER; (II) THE SITE AND THE ONLINE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE SITE WILL SATISFY THE CUSTOMER'S REQUIREMENTS; (IV) THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (V) EXMARK WILL PREVENT THE UNAUTHORIZED DISCLOSURE OF, UNAUTHORIZED USE OF, UNAUTHORIZED ACCESS TO, MISAPPROPRIATION OF, LOSS OF, OR ALTERATION OF ANY DATA OR INFORMATION; OR (VI) ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED. EXMARK DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE WILL SATISFY, OR ENABLE YOU TO SATISFY, THE REQUIREMENTS OF ANY GOVERNMENT AGENCY, ASSOCIATION, OR OTHER ORGANIZATION. NOTHING IN THESE TERMS OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITE SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE. EXMARK MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. EXMARK IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, AVAILABILITY, TEXT, OR PHOTOGRAPHY. EXMARK 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.

IN NO EVENT SHALL EXMARK BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Under no circumstances whatsoever shall Exmark's aggregate liability resulting from your use of this Site exceed Five Dollars ($5.00).

Prohibited Activities and Visitor Obligations

violate any applicable local, state, national or international statute, regulation, or law;
upload, post, use, or otherwise make available any content or information that is false or inaccurate;
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;
violate the rules or policies of any contest, sweepstakes, or other event or activity available at or through this Site;
impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
engage in any activities or manipulate identifying material to misrepresent the origin of content;
upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;
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;
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;
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;
interfere with or otherwise limit the use of this Site by other users;
collect, compile, or store personal information about other users of this Site;
interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
share your password with anyone else;
access or attempt to access any portion of this Site except in the manner prescribed by Exmark;
disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites; or
use this Site for commercial purposes, unless such use is expressly granted to you.

Indemnification

You agree to indemnify, defend, and hold harmless Exmark 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.

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

Exmark 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 Exmark 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 Exmark at legal@toro.com, or send a letter to:

Exmark Manufacturing Company
c/oThe Toro Company
8111 Lyndale Ave
Bloomington, MN 55420-1196
Attention: Legal Department Exmark Counsel