1. AGREEMENT

Welcome to www.pressurebombexpress.com.

The www.pressurebombexpress.com website (the “Site”), including software, mobile applications, and services associated with or connected to the Site (collectively, the “Services”), is operated by Express Agriculture LLC, doing business as Pressure Bomb Express (“Express Agriculture,” “Pressure Bomb Express,” “PBE,” “Company,” “we,” “us,” or “our”).

The Site and Services are offered conditioned upon your acceptance of these Terms of Use and SMS Terms and Conditions (“Terms”).

By accessing or using the Site or Services, you agree to these Terms.

You are responsible for reviewing these Terms periodically. If you do not agree with these Terms, you should discontinue use of the Site and Services.

YOU REPRESENT THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. DESCRIPTION OF SERVICES

Express Agriculture provides agricultural monitoring and management software and related products and services.

The Services may allow users to collect, calculate, organize, visualize, and analyze agricultural information, including stem water potential, soil moisture, irrigation, sensor, weather, and related agricultural monitoring data.

Express Agriculture and Pressure Bomb Express provide tools intended to assist growers and agricultural managers in understanding conditions within their operations. These tools should be used together with other appropriate information, observations, agricultural practices, and professional judgment when making irrigation or crop-management decisions.

3. PRIVACY POLICY

Express Agriculture respects your privacy.

Our Privacy Policy describes how we collect, use, disclose, and protect information and is incorporated into these Terms by reference.

Our Privacy Policy is available at:

Privacy Policy

4. ELECTRONIC COMMUNICATIONS

Visiting the Site, using the Services, or sending emails or other electronic communications to us constitutes electronic communications.

You agree that agreements, notices, disclosures, and other communications that we provide electronically, including through email, the Site, or Services, satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.

SMS/text messaging communications are governed additionally by Section 5 below and require applicable consent.

5. SMS/TEXT MESSAGING TERMS AND CONDITIONS

5.1 Program Name and Description

The Express Agriculture / Pressure Bomb Express SMS Program provides customers who opt in with SMS/text communications related to Express Agriculture and Pressure Bomb Express products and services.

Messages may include, depending upon the Services used and the user’s selections:

• Irrigation notifications;

• Sensor and monitoring alerts;

• Agricultural monitoring notifications;

• Account notifications;

• Service and system updates;

• Customer-support communications; and

• Other informational or transactional communications associated with the Services.

5.2 Consent

By voluntarily opting in to the Express Agriculture / Pressure Bomb Express SMS Program and providing a mobile telephone number, you consent to receive recurring SMS/text messages from Express Agriculture LLC dba Pressure Bomb Express at the mobile number you provided.

Consent applies to the messaging program for which you opted in.

Consent to receive SMS messages is voluntary and is not a condition of purchasing goods or services or maintaining an account with Express Agriculture or Pressure Bomb Express.

SMS consent is not transferable to another company or third party for its marketing or promotional purposes.

5.3 Message Frequency

Message frequency varies based upon your account activity, Services, monitoring conditions, configured alerts and notifications, and your interactions with Express Agriculture or Pressure Bomb Express.

5.4 Message and Data Rates

Message and data rates may apply.

Your wireless carrier’s standard messaging and data charges may apply to messages sent or received in connection with the SMS Program.

5.5 How to Opt Out

Reply STOP at any time to unsubscribe from SMS messages.

After you submit a STOP request, you may receive a confirmation message acknowledging your request. After processing your opt-out request, we will stop sending messages associated with the applicable SMS program unless you subsequently provide valid consent to receive messages again.

5.6 Help and Customer Support

Reply HELP for assistance.

You may also contact us at:

Email: info@pressurebombexpress.com
Telephone: 530-518-1322

5.7 Carrier Disclaimer

Carriers are not liable for any delayed or undelivered messages.

Delivery of SMS messages is subject to effective transmission by your wireless carrier and other telecommunications providers and is outside our control.

5.8 Privacy

Mobile telephone numbers, SMS opt-in information, and SMS consent are handled in accordance with our Privacy Policy.

We do not sell or share SMS opt-in data, mobile telephone numbers, or SMS consent with third parties or affiliates for their marketing or promotional purposes.

Our Privacy Policy is available at:

Privacy Policy

6. YOUR ACCOUNT

If you use the Site or Services, you are responsible for maintaining the confidentiality of your account credentials and restricting unauthorized access to your account.

You accept responsibility for activities occurring through your account to the extent permitted by applicable law.

You may not assign or transfer your account without our authorization.

Express Agriculture reserves the right to refuse or cancel service, terminate accounts, or remove content where reasonably appropriate, including for violations of these Terms.

7. MINORS

The Services are not directed toward children under 13, and we do not knowingly collect Personal Information from children under 13.

Individuals who have not reached the applicable age of majority may use the Services only with appropriate authorization from a parent or legal guardian.

8. THIRD-PARTY SITES AND SERVICES

The Site or Services may contain links to third-party websites or utilize products, platforms, integrations, or services operated by third parties.

We do not control and are not responsible for the content, security, availability, or privacy practices of third-party websites or services.

Certain functionality may be delivered with the assistance of third-party providers. Information may be provided to service providers when reasonably necessary to deliver requested functionality on our behalf, subject to our Privacy Policy.

For avoidance of doubt, mobile telephone numbers, SMS opt-in information, and SMS consent will not be shared with third parties or affiliates for their own marketing or promotional purposes.

9. INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site, Software, and Services strictly in accordance with these Terms.

All content included as part of the Site or Services, including text, graphics, logos, images, software, designs, compilations, and other materials, is owned by Express Agriculture, Pressure Bomb Express, its licensors, or suppliers and is protected by applicable intellectual-property laws.

You agree to observe all copyright, trademark, proprietary-rights, and other notices contained within the Services.

Except as expressly permitted by us, you may not modify, publish, transmit, reverse engineer, decompile, disassemble, participate in the transfer or sale of, create derivative works from, copy, rent, lease, distribute, sublicense, assign, or otherwise exploit the Site, Software, Services, or protected content.

You do not acquire ownership rights in protected content through your use of the Services.

10. USER CONTENT

You represent that you possess the necessary rights to information or materials you submit through the Services.

You grant Express Agriculture a license to host, process, reproduce, display, transmit, and otherwise use User Content as reasonably necessary to operate, maintain, support, and provide the Services.

You may not submit content that is unlawful, defamatory, obscene, abusive, threatening, infringes the rights of another person, promotes unlawful activity, or otherwise violates applicable law or these Terms.

11. PROHIBITED USES

You may not use or attempt to use the Site or Services to:

• Access systems, accounts, content, or data that you are not authorized to access;

• Probe, scan, or test vulnerabilities without authorization;

• Circumvent security or authentication measures;

• Introduce viruses, malware, or harmful code;

• Interfere with the operation of the Site or Services;

• Send spam, unauthorized advertising, or unlawful communications;

• Forge headers or other identifying information;

• Reverse engineer, decompile, or disassemble software except where expressly permitted by applicable law;

• Violate another person’s intellectual-property or privacy rights; or

• Engage in unlawful activities.

Violations may result in suspension or termination of access and may subject the responsible party to civil or criminal liability.

12. ADVERTISING AND SOLICITATION

Users may not use the Services to transmit unauthorized commercial solicitations, spam, chain letters, or bulk messages.

We reserve the right to restrict or terminate accounts that violate this provision and to pursue remedies available under applicable law.

13. ENFORCEMENT AND ALLEGED VIOLATIONS

We reserve the right to investigate suspected violations of these Terms and take appropriate action, including restricting or terminating access to the Site or Services.

If you become aware of misuse of the Site or Services, you may report it to:

siteviolations@pressurebombexpress.com

14. INTERNATIONAL USERS

The Services are controlled and operated from the United States.

Users accessing the Services from outside the United States are responsible for compliance with applicable local laws.

15. AGRICULTURAL USE AND DISCLAIMER

You acknowledge that Express Agriculture and Pressure Bomb Express provide agricultural monitoring and decision-support tools.

Our Services are one source of information and should be paired with other appropriate tools, techniques, field observations, professional judgment, and reasonable agricultural and husbandry practices when making irrigation and crop-management decisions.

Agricultural conditions can vary substantially between orchards, fields, trees, soils, irrigation systems, locations, seasons, and other circumstances.

Failure to use an appropriate number or distribution of sensors, measurements, trees, sampling locations, or other observations may result in information that is incomplete or not representative of actual field conditions.

You remain responsible for agricultural, irrigation, crop-management, and other operational decisions made using information available through the Services.

16. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SITE OR SERVICES MAY INCLUDE ERRORS, INTERRUPTIONS, DELAYS, OR INACCURACIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SOFTWARE, PRODUCTS, INFORMATION, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND.

EXPRESS AGRICULTURE LLC DBA PRESSURE BOMB EXPRESS AND ITS SUPPLIERS DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESS OR IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESS AGRICULTURE LLC DBA PRESSURE BOMB EXPRESS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF USE, DATA, PROFITS, CROPS, PRODUCTION, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATING TO THE SITE, SOFTWARE, PRODUCTS, SERVICES, OR INFORMATION PROVIDED THROUGH THEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANOTHER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow certain warranty disclaimers or limitations of liability, so portions of this section may not apply to you.

17. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Express Agriculture LLC dba Pressure Bomb Express, its officers, directors, employees, agents, contractors, and applicable third parties from losses, costs, liabilities, claims, and reasonable attorneys’ fees arising from your misuse of the Site or Services, your violation of these Terms, your User Content, or your violation of applicable law or third-party rights.

18. TERMINATION

You may terminate your use of the Services at any time by discontinuing use.

We may suspend or terminate access to the Site or Services for violations of these Terms, unlawful conduct, misuse, security concerns, nonpayment where applicable, or other circumstances in which suspension or termination is reasonably necessary.

Termination of your account does not override an SMS opt-out request. SMS messaging preferences are governed separately by Section 5.

19. GOVERNING LAW

These Terms are governed by the laws of the State of California and applicable laws of the United States, without regard to conflict-of-law principles.

To the extent permitted by applicable law, disputes arising out of or relating to these Terms or use of the Site or Services shall be subject to the jurisdiction of the appropriate state or federal courts located in Butte County, California.

20. SEVERABILITY AND WAIVER

If a court of competent jurisdiction determines that a provision of these Terms is invalid or unenforceable, the remaining provisions will remain in effect.

Failure to enforce a provision of these Terms does not constitute a waiver of that provision or any other provision.

21. NO PARTNERSHIP OR AGENCY

Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and Express Agriculture unless expressly agreed in writing.

22. MODIFICATIONS

We may revise these Terms from time to time by posting updated Terms on the Site.

Revisions become effective when posted or on the effective date otherwise identified with the revised Terms, subject to applicable law.

Your continued use of the Site or Services following the effective date of revised Terms constitutes acceptance of those revisions to the extent permitted by applicable law.

23. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any additional agreements expressly applicable to particular Services, constitute the agreement between you and Express Agriculture concerning your use of the Site and Services and supersede prior communications regarding their subject matter.

24. CONTACT US

Questions regarding these Terms may be directed to:

Express Agriculture LLC
dba Pressure Bomb Express
P.O. Box 6279
Chico, California 95927

Email: info@pressurebombexpress.com
Telephone: 530-518-1322

ACKNOWLEDGEMENT

BY ACCESSING OR USING THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.