Agreement between user and www.pressurebombexpress.com Welcome to www.pressurebombexpress.com. The www.pressurebombexpress.com website (the “Site”), including any service or smart phone application connected with the Site (the “Services”), is comprised of various web pages operated by Pressure Bomb Express (“PBE”). www.pressurebombexpress.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms” or “Terms of Use”). Your use of www.pressurebombexpress.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site or Services. YOU AGREE THAT BY USING THE SITE OR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD (OR 21 YEARS OLD IN PLACES WHERE 18 IS NOT THE AGE OF MAJORITY) AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. www.pressurebombexpress.com is an Agriculture Site A web based application to allow users to collect, calculate and organize stem water potential data from a pressure chamber device. Pressure Bomb Express is one tool that should be paired with other tools and techniques to help guide managers with their irrigation management decisions.

Privacy Policy PBE respects your privacy and permits you to control the treatment of your personal information. A complete statement of PBE’S current privacy policy can be found by clicking Privacy Policy. PBE’S privacy policy is expressly incorporated into this Agreement by this reference.

Electronic Communications Visiting www.pressurebombexpress.com or sending emails to PBE constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PBE is not responsible for third party access to your account that results from theft or misappropriation of your account. PBE and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

PBE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.pressurebombexpress.com only with permission of a parent or guardian.

Links to third party sites/Third party services www.pressurebombexpress.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PBE and PBE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PBE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PBE of the site or any association with its operators.

Certain services made available via www.pressurebombexpress.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.pressurebombexpress.com domain, you hereby acknowledge and consent that PBE may share such information and data with any third party with whom PBE has a contractual relationship to provide the requested product, service or functionality on behalf of www.pressurebombexpress.com users and customers.

No unlawful or prohibited use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use www.pressurebombexpress.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to PBE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. As is further provided below, you may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PBE or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PBE content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PBE and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PBE or our licensors except as expressly authorized by these Terms.

Your Content You grant PBE a license to use the materials you post to the Site or Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content, you are granting PBE, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of PBE, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site or Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Prohibited Uses Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

Advertising and Solicitation As provided in these Terms above, you are prohibited from advertising to or making solicitations of any other User to buy or sell any products or services without the prior authorization of PBE. You are prohibited from transmitting any chain letters or junk e-mail to other Users. In order to protect our Users from such advertising or solicitation, PBE reserves the right to restrict the number of e-mails which a Member may send to other Members in any twenty four (24) hour period. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the PBE Services, you acknowledge that you will have caused substantial harm to PBE, but that the amount of such harm would be extremely difficult to ascertain. PBE reserves the right to terminate a user’s account and access to the Site or Services and reserves the right to seek compensation for any harm or damage to PBE as a result of a user’s violation of this section.

Alleged Violations As is provided for herein, PBE reserves the right to terminate your use of the Site or Services, and, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Site or Services for any reason. To ensure that PBE provides a high quality experience for you and for other users of the Site or Services, you agree that PBE or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other prohibited uses of the Site or Services. PBE does not intend to disclose the existence or occurrence of such an investigation unless required by law, but PBE reserves the right to terminate your account or your access to the Site or Services immediately, with or without notice to you, and without liability to you, if PBE believes that you have violated any of the Terms of Use, furnished PBE with false or misleading information, or interfered with use of the Site or Services by others.

PBE assumes no responsibility for monitoring the Site or Services for prohibited Content or conduct. If at any time PBE chooses, in its sole discretion, to monitor the Site or Services, PBE assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct.

If you become aware of misuse of the Site or Services or of any prohibited Content or conduct, please report it to PBE by emailing us here: siteviolations@pressurebombexpress.com.

International Users The Service is controlled, operated and administered by PBE from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PBE Content accessed through www.pressurebombexpress.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification You agree to indemnify, defend and hold harmless PBE, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PBE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PBE in asserting any available defenses.

Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PRESSURE BOMB EXPRESS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PRESSURE BOMB EXPRESS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PRESSURE BOMB EXPRESS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NOTWITHSTANDING AND IN NO WAY LIMITING THE WAIVER OF REPRESENTATIONS ABOVE, YOU ACKNOWLEDGE THAT PRESSURE BOMB EXPRESS’S CORE PRODUCT IS ONE TOOL OF MANY THAT SHOULD BE PAIRED WITH OTHER TOOLS AND TECHNIQUES TO HELP GUIDE MANAGERS WITH THEIR IRRIGATION MANAGEMENT DECISIONS. TO THAT END, YOUR USE OF PRESSURE BOMB EXPRESS’S SERVICES AND CORE PRODUCT MUST BE DONE PURSUANT TO GOOD, REASONABLE, AND INFORMED AGRICULTURAL AND HUSBANDRY PRACTICES. FOR INSTANCE, AND NOT BY WAY OF LIMITATION, YOUR FAILURE TO USE OUR SERVICES IN A SUFFICIENT AND RECOMMENDED NUMBER OF TREES AND LOCATIONS PER ACRE MAY RESULT IN INCOMPLETE OR INACCURATE INFORMATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRESSURE BOMB EXPRESS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRESSURE BOMB EXPRESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction PBE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PBE as a result of this agreement or use of the Site. PBE’Ss performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PBE’Ss right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PBE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PBE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PBE with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Governing Law These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Butte County, California, USA in all disputes arising out of or related to the use of the Site.

Severability; Waiver If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License Nothing contained on the Site or Services should be understood as granting you a license to use any of the trademarks, service marks, logos, or any other items of intellectual property owned by PBE or by any third party except as is strictly stated in these Terms.

Subscription or Use Acceptance PBE reserves the right to deny acceptance of a subscription or membership to any potential user or to cancel any existing subscription or user account for any reason.

Modifications PBE may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site or Services; and (c) discontinue the Site or Services at any time. PBE shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site or Services following notice of any revision, you shall abide by any such revision.

No unlawful or prohibited use/Intellectual Property. You are granted a non-exclusive, non-transferable, revocable license to access and use www.pressurebombexpress.com strictly in accordance with these terms of use. As a condition of your use of the Site, and the software provided via the Site and its App (the “Software” and the licensed use of the Software pursuant to these Terms and Conditions being the “Service” or “Services”), you warrant to PBE that you will not use the Site, Software, or Services for any purpose that is unlawful or prohibited by these Terms. As is further provided below, you may not use the Site, Software, or Services in any manner which could damage, disable, overburden, or impair the Site, Software, or Services or interfere with any other party’s use and enjoyment of the Site, Software, or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site, Software, or Services.

All content included as part of the Site, Software, and Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PBE or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, use in any illegal or disallowed manner or use for any manner not expressly licensed for herein, or in any way exploit any of the content, in whole or in part, found on the Site, Software, or Services. For the avoidance of doubt, this means you may not do any of the following: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Site, Software, or Services, or any part thereof; (ii) modify, translate, or create derivative works based on the Site, Software, or Service, or any part thereof; or (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber any rights to the Site, Software, or Service, or any part thereof.

PBE content is not for resale. Your use of the Site, Software, or Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PBE and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PBE or our licensors except as expressly authorized by these Terms.

Termination You may terminate this Agreement at any time, provided that you discontinue any further use of the Site or Services. PBE also reserves the right to terminate your use of the Site or Services for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or Services, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.

Contact Us PBE welcomes your questions or comments regarding the Terms:

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

Email Address: info@pressurebombexpress.com

Telephone number: 530-518-1322

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

Effective as of March 08, 2016