PumpTrakr Terms and Conditions

BOLD CYRPRESS, LLC (“PumpTrakr”) USER TERMS AND CONDITIONS

These User Terms are between you and Bold Cypress, LLC d/b/a PumpTrakr (“PumpTrakr”) and its affiliates, members, owners, officers, directors, employees, agents, and assigns (“PumpTrakr” or “us” or “we”). They apply to your use our App and Technology for any purpose, including remote starting and operation of any machinery or equipment the “connected equipment services” we make available to you from time to time as further defined herein (the “Services”). THESE USER TERMS ARE LEGALLY BINDING. Capitalized terms are defined below.

Summary of User Terms

When you accept these User Terms during our sign-up process or when you access or use the Services, you agree to the following:

You will only use the Services when it is safe to do so, and you will only use them in compliance with the law and these User Terms;

If others use the Services through your user account, phone, table, or mobile device, you will ensure that they only use the Services when it is safe to do so, and in compliance with the law and these User Terms;

We may suspend or discontinue your access to some or all of the Services;

We may remotely access, deliver, install, update, change or upgrade the software used to deliver the Services without additional notice or consent;

We have certain rights to use and share the information or materials you provide us, as defined in these User Terms;

If you access or use any third-party products or services, the terms associated with those third-party products or services will also apply, and you will not hold PumpTrakr responsible for your access or use of those third-party products or services;

The PumpTrakr Products and Services are provided “AS IS” and are limited by matters outside our control. Unless expressly provided in these User Terms, we make no representations, conditions, or warranties about the Products or Services or for their availability, and we are not liable for the use or any lack of availability of the Services;

If a dispute arises, you will resolve it through individual arbitration (if applicable);

We may modify these User Terms at any time and the modifications will become effective immediately after we post the new version on our Website or, if we request that you accept such new version, upon your acceptance; and

You are bound by the complete Agreement as defined below, including the User Terms

THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICES OR THESE TERMS OF USE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.

THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

THESE TERMS AND CONDITIONS ALSO INCLUDE A JURY WAIVER.

MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE “DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER” SECTION, BELOW.

User Terms – Connected Equipment Services

1. Agreement to Terms. When You accept the User Terms during our sign-up process or when you access or use the Services, you are indicating that you have read, understand, and agree to be bound by these User Terms and the other terms, policies, guidelines, and processes they refer to (collectively, the “Agreement”) which include: (a) the User Terms; (b) any additional or supplemental terms and conditions related to any specific Services you sign up for, which terms and conditions will be presented to you at that time; (c) the License (as set forth in the Appendix to these User Terms); and other terms, guidelines, policies, or procedures that we post on the Website or communicate to you (e.g. through your Connected Device, Phone, Tablet, or Mobile Device).
   
   If you do not agree with any of these terms, then you should decline these User Terms during our sign-up process or other methods we make available to you. You are not permitted to access or use any of the Services if you do not agree to be bound by this Agreement.
   
   Additionally, by accepting the User Terms or accessing or using the Services, you are consenting to the collection, use, and disclosure of your personal information as set out in this agreement and any applicable Privacy Statement published on PumpTrakr’s website or available on its App.

2. Safety. You must obey all federal, state, and local laws, rules, ordinances, and regulations governing the operation of your machinery, equipment, and/or irrigation equipment and pump, including but not limited to any and all applicable OSHA regulations, rules, laws, and guidelines, and the use of your Connected Device(s), and you will not access and/or use any Service or any Connected Device in a manner that violates any law, rule, or regulation. Without limiting the foregoing, it is your sole responsibility to exercise discretion and observe all safety measures required by law, safety rules, and safety regulations while accessing and/or using the Services and Connected Devices. You accept the sole risk and responsibility for accessing and using the Services and Connected Devices. You should only access and use the Services and Connected Devices when you can safely operate them.
   
3. Some Definitions.
   
   “Connected Device” means a mobile device, tablet, phone, or other device compatible with the Systems or Services that we (or our affiliates) provide through the PumpTrakr App and any and all equipment or subscriptions that you purchase through us, or that we authorize for use in connection with the Services, which may include a mobile device such as a smartphone, mobile device, or tablet;
   
   “Services” means the connected device services that we make available to you from time to time, including but not limited to remote connection, operation, starting, and stopping of machinery and equipment through our mobile app on your mobile device;
   
   “Third Party Services” means services made available to you by a third party;
   
   “Website” means the website we operate with the landing page located at https://www.pumptrakr.com, or such other sites that page may direct You to;
   
   “Wireless Service Providers” means third parties that make wireless services available to You in connection with the Services; and
   
   “You” “or “Your” means and refers to each and every person accessing or using the Services and/or the App, and/or any employer, employee, agent, partner, co-owner, co-employee, or contractor(s) of any such person, including but not limited to any person using the Services and/or the App on your tablet, phone, mobile device, computer, or any tablet, phone, computer, or mobile device that is in the care, custody, or control of you, your employer, your employee, your agent, your partner, your co-owner, your co-employee, or your contractor(s).

4. Service Details. Our Website describes the available Services, including instructions for Service setup and operation, and any further terms, privacy statements, pricing, conditions, and limitations of the Services. We may add, change, or remove Services from time to time, as described on the Website or other notices we make available to you.
   
5. Modification to Agreement. We may modify this Agreement, by adding, deleting or changing any term, by providing notice to you through our Website, or by asking You to read and accept a new version of this Agreement. We may give You notice by posting a new version of the Agreement on the Website. Your continued access or use of any of the Services after the notice, or your acceptance of the new version of this Agreement, will be deemed to be your agreement to such modifications to the Agreement. If someone other than you is using your Connected Device that time, you agree that such person is authorized to agree on your behalf. If you do not agree with any modification, then you may terminate the Services. If we have asked you to read and accept a new version of this Agreement and you do not do so within the time period we specify, we can terminate this Agreement immediately upon the expiration of such time period.
   
6. Eligibility. You represent and warrant that You (a) have reached the age of majority in your jurisdiction of residence and have full legal capacity to enter into binding contracts, or (b) are at least 16 years of age and possess legal parental or guardian consent and are fully able and competent to enter into and abide by this Agreement. If You do not satisfy these eligibility requirements, then You should decline this Agreement using the mechanism we make available to You. You are not permitted to use any of the Services until such time as You satisfy these eligibility requirements and agree to all of the terms of the Agreement.
   
7. No Use of the Services by Children. The Services do not target, through advertising, appearance, links to other sites or otherwise, children under the age of 16. If You are under the age of 16 or are a parent or guardian of a child under the age of 16, please be aware that we do not permit registration by, and do not knowingly collect any information from, children under the age of 16. If You are a parent or guardian of a child under the age of 16, You must not allow them to use, or consent to their registration to use, any of the Services.
   
8. Registration and Account. You may be required to create an account to use some of the Services. If You create an account, You must: (a) provide accurate and complete information, and update that information so it remains accurate and complete; (b) be solely responsible for your account activity; (c) keep your account and password secure and not disclose them to anyone; and (d) notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses resulting from unauthorized access to or use of the Services or your account. However, You may be liable to us or other parties due to such unauthorized access or use.
   
9. Service Limitations.
   
   9.1 The Services rely on wireless communication networks and/or Global Positioning System (“GPS”) satellite network. NOT ALL SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, AT ALL TIMES. The area You are located in, or the area where your equipment or machinery is located, may affect the Services that we can provide to You.
   
   9.2 The Services are only available in places where we have retained a Wireless Service Provider for Service in that area and only if the Wireless Service Provider has technical compatibility with the Connected Device, coverage, network capacity, and reception when and where the Service is needed. Services that use location information only work if GPS satellite signals are unobstructed, available in that place and compatible with your device.
   
   9.3 The Services may not work if:
   equipment is not properly installed;
   equipment is not properly connected to a power source;
   You have not installed and/or accepted all updates or upgrades to the software and/or app;
   Your Connected Device is not functioning properly;
   You have not maintained your device or equipment in good working order;
   You do not comply with all applicable laws;
   You try to add, connect or modify any equipment, device, or software;
   your device or equipment is not compatible with the Services or the wireless service and technology provided by Wireless Service Providers (this wireless service and technology is subject to change); or
   other problems arise that we cannot control that interfere with the delivery or quality of the Services, such as hills, tall buildings, tunnels, weather, electrical system design, or wireless phone network congestion or jamming.
   
   9.4 We and the Wireless Service Providers are not responsible for any delay or failure in performance that (a) may have been prevented by You taking reasonable precautions or (b) is caused by acts of nature, or forces or causes beyond our reasonable control (for example: public utility electrical failure, acts of war, government actions, terrorism, civil disturbances, labor shortages or difficulties – regardless of cause-or equipment failures including Internet, computer, telecommunication or other equipment failures).
   
   9.5 We recommend that You carefully read the applicable terms and policies that make up this Agreement, including the Software Terms, before using the Services. If You use Third Party Services, You acknowledge that the applicable terms of service made available by that third party is a binding agreement solely between You and that third party, and not between You and us, and that we are acting solely as an intermediary between You and that third party. We are not responsible for the terms of service made available by such third party, including any Wireless Service Provider, and we have no obligations or liabilities under those terms of service. Similarly, we are not responsible for the collection, use or disclosure of your personal information by that third party, so you should ensure that you read and understand their privacy policy (if any).
   
   9.6 We are not obligated to provide any maintenance or support for the Services, technical or otherwise. If we provide any maintenance or support for the Services, we may stop any such maintenance, support, or services at any time.
   
   9.7. Other Users. This Agreement applies to all users of your Connected Device. You are responsible and liable for all activities of users of your Connected Device, including all access to or use of the Services. Without limiting the foregoing, it is your responsibility to: (a) inform other users of your Connected Device that their access to and use of the Services is subject to this Agreement; (b) inform other users of the privacy statements that apply to the use of Services; and (c)ensure that other users of your Connected Device comply with the applicable terms of this Agreement.
   
10. Software Updates; Suspension or Removal of the Services. You consent to us and our contractors or affiliates accessing the systems associated with your Connected Device for the following purposes:
    
    Software Updates. Your Systems involve software, data, Apps and related settings that PumpTrakr makes available to You (such items collectively referred to as “Software”). The Software is licensed, not sold to You, and may need to be updated or changed from time to time. You agree that PumpTrakr may remotely access, deliver, install, update, upgrade or change Software (such actions collectively referred to as “Updates”) without any further notice or consent. These Updates or changes may affect or erase data that You have stored We are not responsible for any affected or erased data due to a an Update or change.
    
    Suspension. We may be required from time to time to suspend or limit your access to or use of the Services without further notice to You and without liability to You, to address system issues, issues with your account, or other issues that may impact the performance, enjoyment, or security of the Services;
    
    Removal. Unless otherwise provided in this Agreement we may remove or discontinue the Services or your account without further notice to You, and without liability to You. This may occur as a result of our efforts to refine the Services to address performance, to address safety, security, changes in technology, customer interests, regulatory requirements, business needs, or for any other purpose;
    
    Notice and Consent. If we provide further notice or request further consent to an Update (as defined above), the notice or consent may be received or provided by any user of the App on your Device on behalf of You, and all users on your device. You or any other person providing consent on your device are responsible for notifying all other Users of the provided notice and consent. However, you agree that in any case, we may access, modify or update the Software without additional notice or consent; and This Agreement will govern any updates, upgrades or other changes we make to the Services, Systems, or Software for all Users.

11. Your Additional Representations and Obligations. You agree that:
    
    You have the right and authority to enter into this Agreement;
    You will monitor access and use of the Services to ensure that, at all times, such access and use is lawful and complies with the Agreement;
    You will provide us with true and accurate information and will keep that information up to date;
    You will be responsible for all costs and expenses, including taxes, losses, and liabilities, incurred in connection with your use of the Services and any activities that You undertake in connection with the Services or with this Agreement in any way;
    Your agreement to and compliance with this Agreement does not violate any of your existing obligations;
    You will access the Services only through your established account;
    You will not attempt to breach any security measures of the Services;
    You will not copy, reproduce, distribute, decompile, reverse engineer, disassemble, remove, alter, circumvent, or otherwise tamper with any technology, convert to any use not authorized by us or claim ownership in the Services or our or any other party’s information or materials associated with the Services;
    You will not use the Services for any unlawful purpose, to harass any person, or for any purpose not allowed by us;
    You will not remove, modify, or obscure any copyright notices, trademarks, or other proprietary rights notices on or contained in or on any portion of the Services or any information or materials on or obtained from the Services;
    You will comply worldwide with all local, state, provincial, federal, and national laws, statutes, ordinances, by-laws, and regulations that apply to your use of the Services.

12. Indemnity. In consideration of PumpTrakr’s provision of the Services to You and the rights granted to You, to the maximum extent allowable by law and unless prohibited by law, You agree to indemnify and defend PumpTrakr, its parent, subsidiaries, affiliates, licensors, and contractors as well as their respective employees, officers, directors, and agents (collectively ” PumpTrakr Persons”) and hold PumpTrakr Persons harmless from and against any and all losses, damages, injuries (including death), causes of action, claims, penalties, interest, additional taxes, demands, and expenses, including reasonable legal fees and expenses, of any kind or nature arising out of or on account of, or resulting from, any third party claim or demand made to or against any PumpTrakr Person(s): (i) arising out of your or your employees’, agents’, or contractors’ access to or use of the Services; (ii) arising out of your or your employees’, agents’, or contractors’ failure to comply with this Agreement; (iii) relating to the inaccuracy or untruthfulness of any representation or warranty that You or your employees, agents, or contractors made under this Agreement; (iv) arising out of any activities of anyone other than You in connection with the Services conducted through your account, connected device, or app; (v) arising out of access to or use of, or inability to access or use, any of the Services through your Connected Device by you or by anyone else; or (vi) arising out of any of your other activities under or in connection with this Agreement or the Services.
    
13. Unauthorized Use or Modification of the Services. You are not granted the right to and You shall not engage in any of the following activities: (a) transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, spiders, web-bots, screen-scrapers, or web crawlers or other items of a destructive or disruptive nature; (b) exploit the Services or Software in any unauthorized way; (c) modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services or Software or remove, alter, circumvent, or otherwise tamper with any security technology; (d) “frame,” “mirror,” or resell any part of the Services or Software without our prior written authorization; or (e) harvest or collect information about users.
    ANY ATTEMPT BY ANY USER OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE THE SERVICES OR SOFTWARE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICES OR SOFTWARE IS A VIOLATION OF THIS AGREEMENT. PumpTrakr RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO TAKE ALL SUCH ACTIONS AGAINST AND OBTAIN SUCH REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. PUMPTRAKR RESERVES THE RIGHT TO DISCLOSE ANY INFORMATION ABOUT YOU, INCLUDING YOUR ACCOUNT AND ACCESS TO AND USE OF YOUR ACCOUNT, TO LAW ENFORCEMENT AS NECESSARY TO ENFORCE THIS AGREEMENT, TO COMPLY WITH ANY COURT ORDER, OR AS PERMITTED IN THE PRIVACY STATEMENT OR IN THIS AGREEMENT.
    
14. Intellectual Property and Ownership of the Services.
    
    The Services and Software are protected by United States and international copyright laws and may be subject to other intellectual property protections, including patent and trademark rights. You may not copy, distribute, modify, perform, broadcast, display, transmit, reuse, re-post, use (except as expressly set out herein) or claim any right in any aspect of the Services or Software, including the content, text, images, audio, and video without PumpTrakr’s express, prior written permission.
    
    PUMPTRAKR owns the Services, including all content and functionality You access through the platform. Subject to Your compliance with these Terms, PumpTrakr grants You a non-exclusive, non-sublicensable, revocable, non-transferable license (set forth and described below) to use the Services by accessing the platform via a mobile device and/or the Connected Device. THE SERVICES ARE FOR YOUR PERSONAL OR BUSINESS USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any other purpose than what is allowed under these Terms without Our express written permission.
    
    You may not use PumpTrakr’s name, trademarks, service marks, or logos, or those of third parties appearing on or affiliated with the Services in any advertising or publicity or to otherwise indicate PumpTrakr’s or such third party’s sponsorship or affiliation with any product or service without express written permission from PumpTrakr or such third party.
    
    You own Your personal data and any other content You submit on or through the services (collectively, “Content”). If You are entering someone else’s information into the platform or App, You represent and warrant that You have permission to do so. As a condition of providing You the Services, You grant to PumpTrakr a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your Content for the purpose of providing the Services. You also agree to allow Us to use or disclose your content or information for any legal purpose. However, PumpTrakr will not disclose such information to third parties unless such disclosure is either (a) for the purpose of proving the Services or (b) so long as your content and/or information to be shared is de-identified prior to its use. The term “de-identified” means that either (a) the data, content, or information is aggregated with other data, content, or information so as to make it unlikely that a normal, reasonable audience or recipient of such information would be able to ascertain that any particular data, information, or content belonged to You, or (b) all identifying information associated with the data, content, or information (such as Your name, Your farm name, and/or specific land/parcel information) is removed prior to its use or prior to it being shared.

15. Data Collection / Privacy. We may collect, use, and share information from and about You and your Equipment. You consent to the collection, use, and sharing of information, provided that such collection, use, and sharing of information is collected, used, and shared in a manner consistent with paragraph 14, above.
    
16. NO WARRANTY BY PUMPTRAKR.
    
    16.1 PUMPTRAKR MAKES NO REPRESENTATIONS, CONDITIONS, OR WARRANTIES IN RESPECT OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, PUMPTRAKR, ON BEHALF OF ITSELF AND ALL PERSONS AND PARTIES ACTING BY, THROUGH OR FOR PUMPTRAKR, EXPLICITLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE SERVICES.
    
    16.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, PUMPTRAKR DOES NOT WARRANT THE OPERATION, PERFORMANCE, OR AVAILABILITY OF THE SERVICES, OR ANY OF PUMPTRAKR PERFORMANCE OR PROCEDURES IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PUMPTRAKR DOES NOT WARRANT THAT THE SERVICES WILL CONTINUE IN EXISTENCE FOR ANY PERIOD OF TIME AND DOES NOT WARRANT THAT FUTURE OPERATION OF THE SERVICES WILL BE COMPATIBLE WITH CURRENT OPERATION OR APPLICATIONS.
    
    16.3 TO THE EXTENT PERMITTED BY APPLICABLE LAW, PUMPTRAKR DOES NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS REGARDING THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY DATA OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. PUMPTRAKR MAKES NO REPRESENTATIONS THAT THE SERVICES WILL BE FREE FROM LOSS, INTERRUPTION, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND PUMPTRAKR DISCLAIMS ANY LIABILITY RELATING THERETO. PUMPTRAKR DOES NOT PROVIDE ANY WARRANTY AS TO THE AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE.
    
    16.4 TO THE EXTENT PERMITTED BY APPLICABLE LAW, PUMPTRAKR IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS OR FAILURES IN THE TRANSMISSION OF DATA, ANY COMPUTER VIRUS, ACTS OR OMISSIONS OF THIRD PARTIES THAT DAMAGE THE NETWORK OR IMPAIR WIRELESS SERVICE, DAMAGE OR INJURY CAUSED BY A CONNECTION FAILURE OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
    
    16.5 PUMPTRAKR DOES NOT WARRANT THAT THE SERVICES WILL OPERATE PROPERLY ON YOUR EQUIPMENT AND YOU AND ONLY YOU WILL BE RESPONSIBLE FOR ALL REPAIRS TO YOUR EQUIPMENT AND ANY OTHER LOSSES ACTUALLY OR ALLEGEDLY CAUSED BY THE SERVICES.
    
    16.6 SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAW IS APPLICABLE TO THIS AGREEMENT, IN WHICH CASE PUMPTRAKR’S WARRANTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
    
    16.7 LIMITATIONS OF LIABILITY. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, (A) PUMPTRAKR WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS, OR SAVINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, (B) PUMPTRAKR WILL NOT BE LIABLE IN ANY WAY ANY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR (i) ANY ACTION OR INACTION OF THIRD PARTIES, (ii) ANY EVENTS BEYOND THE REASONABLE CONTROL OF PUMPTRAKR, (iii) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, (iv) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, UPDATES, OR CHANGES TO SYSTEMS, SOFTWARE, SERVICES OR OTHER EQUIPMENT PROVIDED BY PUMPTRAKR, (v) ANY CHANGE OR REDUCTION IN, OR ANY LOSS OF SERVICES CAUSED BY CHANGES IN SYSTEMS, SERVICES, OR INFRASTRUCTURE (SUCH AS THE WIRELESS SERVICE OR TECHNOLOGY INFRASTRUCTURE) THAT ARE MADE AVAILABLE BY THIRD PARTIES, AND (C) PUMPTRAKR WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH ANY THIRD PARTY SERVICES. TO THE EXTENT THAT PUMPTRAKR IS FOUND LIABLE FOR ANY DAMAGES, LOSSES, LIABILITIES, OR EXPENSES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, AND TO THE EXTENT ALLOWED BY LAW AND UNLESS PROHIBITED BY LAW, YOU AGREE THAT PUMPTRAKR’S MAXIMUM AGGREGATE LIABILITY SHALL BE NO GREATER THAN $100.00. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF PUMPTRAKR KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. THESE LIMITATIONS SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT, AND APPLY TO ANYONE USING THE SERVICES OR MAKING A CLAIM ON YOUR BEHALF.

17. General.
    
    17.1 Assignment. You cannot assign this Agreement (or any portion thereof) without PUMPTRAKR’S written consent and any attempted assignment without PUMPTRAKR’S written consent is null and void. PUMPTRAKR may assign this Agreement with or without notice to You.
    
    17.2 Relationship. Nothing contained in this Agreement will be construed to make either You or PUMPTRAKR partners, joint venturers, principals, agents, or employees of the other. Neither party has any right, power or authority, express or implied, to bind the other.
    
    17.3 Notices. Unless otherwise stated in this Agreement, all notices, requests, consents, approvals, and other communications required or permitted by You under this Agreement must be in writing and shall be deemed given when delivered in hand or ten business days after being mailed using a reliable national mail service, registered or certified mail, postage prepaid, and addressed to PUMPTRAKR. PUMPTRAKR may change its address without giving notice to You. We may issue notices via various channels, including by posting messages on the Website, sending You e-mail, contacting You via our advisors, or using any suitable systems available to, on, or with your Connected Device. You consent to receive such notices and agree that any such notices that PUMPTRAKR sends to You shall be legally effective when sent. You agree that any notices sent by us by e-mail or physical mail satisfy any requirement that the notices be provided in writing. If You do not agree, do not accept this Agreement.
    
    17.4 Severability. If any term or provision of this Agreement, or of any document incorporated herein by reference, is held by a court of competent jurisdiction to be contrary to law, then that term shall be severed from this Agreement, and the remaining provisions of this Agreement or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby. Each provision of this Agreement shall be valid and enforceable to the extent permitted by law and unless prohibited by law.
    
    17.5 Waiver. No term or condition of this Agreement is waived and no breach is excused unless that waiver or consent is in writing and signed by the party claimed to have waived or consented. No consent by any party to, or waiver of a breach by the other, whether express or implied, shall constitute a consent to, waiver of, or excuse for any different or subsequent breach.
    
    17.6 References; Headings; Examples. In this Agreement, the article and section headings are for convenience of reference only and will not be considered in the interpretation of this Agreement. Examples given in this Agreement, which may be preceded by “including,” “for example,” “such as,” or similar language, are solely intended to be illustrative and are not limitative.
    
    17.7 Governing Law. This Agreement and any disputes arising out of or relating to it shall be governed by the laws of the State of Missouri.
    
    17.8 DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER.
    
    (A) our customer service department is available to address any concerns You may have regarding the Services. You may call us at: 573-583-3225 or email us at info@pumptrakr.com. Most matters are quickly resolved in this manner to our customer’s satisfaction.
    
    (B) ANY MATTER WE ARE UNABLE TO RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF, RELATING TO OR IN RESPECT OF THIS AGREEMENT, INCLUDING ITS FORMATION, ENFORCEABILITY, PERFORMANCE, OR BREACH (EACH, A “CLAIM”), WITH THE EXCEPTION OF THE MATTERS DESCRIBED IN SECTION 17.8(E) BELOW, SHALL BE FINALLY SETTLED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CUSTOMER-RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL CLAIMS. THE SEAT OF THE ARBITRATION SHALL BE THE PROVINCE WHOSE LAWS GOVERN THIS AGREEMENT (AS SET OUT IN SECTION 17.8). THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
    
    (C) ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THE PRECEDING SENTENCE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION 17.8 SHALL BE NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE CLAIMS.
    
    (D) THE RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT +1-800-778-7879. TO THE EXTENT THE INITIAL FILING FEE FOR THE ARBITRATION EXCEEDS THE INITIAL FILING FEE FOR A LAWSUIT, WE WILL PAY THE DIFFERENCE IN FEES.
    
    (E) SECTIONS 17.8(B) THROUGH 17.8(D) DO NOT APPLY TO ANY CLAIM (I) IN WHICH A PARTY IS ATTEMPTING TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS (SUCH AS ITS PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR MORAL RIGHTS, BUT NOT INCLUDING ITS PRIVACY OR PUBLICITY RIGHTS), OR (II) THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
    
    (F) IF THIS SECTION 17.8 IS HELD TO BE INVALID OR UNENFORCEABLE, THEN FOR ANY CLAIMS THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN STATE OR FEDERAL COURTS IN CAPE GIRARDEAU COUNTY, MISSOURI AND AGREE THAT MISSOURI LAW GOVERNS THIS AGREEMENT.
    
    17.9 Limitations on Claims. To the extent permitted by law and unless prohibited by law, You agree that You must file any arbitration request, claim, or cause of action arising out of or related to access to and/or use of the Services or otherwise relating to this Agreement within one (1) year after the events giving rise to such request, claim, or cause of action, or You shall be forever barred from filing such request, claim or cause of action.
    
    17.10 Language. The parties hereto confirm that it is their wish that this Agreement, and all documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de mȇmo que tous les documents, y compris tout avis, qui s’y rattachent, soient, rédigés en langue anglaise.
    
    17.11 The terms in this Section 17.11 are in addition to terms elsewhere in this Agreement, including but not limited to all terms related to limits on liability and related to Your duty to indemnify, defend, and hold PumpTrakr harmless from any claims. The terms in this section are not intended to replace such provisions, but shall supplement and add to such provisions, limits, and duties.
    
    17.11(a) Installation / Power Source to Equipment. PUMPTRAKR is not responsible for the proper installation of any of Your equipment used with the Services or the App, including but not limited to equipment such as irrigation equipment, electric or gas powered motors, pumps, wells, power units, or pivots. PUMPTRAKR is also not responsible to ensure that any of your equipment is properly powered or energized, or that our services, or any modem, computer, equipment provided by us, or other third-party equipment is properly installed, paired with, or connected to your equipment. All installation, connections, or pairings of any PumpTrakr equipment, product or services with your equipment should be done by a professionally-trained, licensed, and certified electrician and/or contractor. Unless you are a professionally-trained, licensed, and certified electrician and/or contractor, you should not perform such connection, pairing, or installation. You also understand and acknowledge that even a professionally-trained, licensed, and certified electrician and/or contractor could or may improperly install, connect, or pair our products, equipment, and/or services with your equipment. We are not responsible for any work related to any installation, connection, or pairing, whether done properly or improperly. All such installation, connection, or pairing is your responsibility and your responsibility alone.
    
    YOU HEREBY WAIVE AND VOLUTARILY RELEASE AND FOREVER DISCHARGE PUMPTRAKR FROM ANY LIABILITY FOR ANY AND ALL CLAIMS, DAMAGES, OR LOSSES, INCLUDING PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, PUNITIVE DAMAGES, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INSTALLATION OF, IMPROPER INSTALLATION OF, CONDITION OF, TYPE OR MANNER OF ELECTRICAL OR OTHER POWER CONNECTION TO, OR CONNECTION OR INSTALLATION OF ANY PUMPTRAKR PRODUCT, SERVICE OR EQUIPMENT OF, WITHIN, FROM, OR TO YOUR EQUIPMENT, INCLUDING BUT NOT LIMITED TO YOUR irrigation equipment, electric or gas powered motors, pumps, wells, power units, or pivots. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF PUMPTRAKR KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF ANY FACT, CLAIM, OR POSSIBLE DAMAGES, OR ANY IMPROPER CONNECTION OR INSTALLATION, AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. THESE LIMITATIONS SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT, AND APPLY TO ANYONE USING THE SERVICES OR MAKING A CLAIM ON YOUR BEHALF.
    
    If any claim or suit is brought against PUMPTRAKR or its employees, agents, owners, members, or officers arising out of the installation of your equipment, electrical power or wiring to your equipment, or the connection or pairing of your equipment with any of our products or services, you agree on your behalf and on behalf of your employer, employees, and agents to indemnify, defend, and hold PUMPTRAKR and PUMPTRAKR’s employees, agents, owners, members, or officers from and relating to all such claims.
    
    17.11(b) Remote Use to Access, Power, Engage, Start, and Stop Equipment.
    
    You and your employees, agents, and contractors understand and acknowledge that the App and the Services can be used to power, engage, and turn on your equipment, including but not limited to irrigation equipment, power units, electric motors, gas or other fuel-powered motors, and pivots, all of which may contain powerful, dangerous, and deadly moving parts, and all of which, if powered while any person, object, or animal is at, in, touching, or nearby any of your equipment, could lead to death or serious personal injury. It is Your responsibility, and NOT PumpTrakr’s responsibility, to ensure and be certain that all of your equipment is clear of any and all persons, animals, or objects prior to using the App or the Services to power, engage, or turn on any equipment. It is YOUR responsibility to adopt, use, and train your employees and agents regarding proper “Lock Out-Tag Out” procedures, to use appropriate safety guards, safety shields, or other appropriate and reasonable safety devices, and to communicate with your employees, agents, or third persons as necessary before powering, engaging, and/or turning on any of your equipment. All equipment must be appropriately guarded and/or shielded in a manner consistent with all federal, state, and local rules, regulations, and laws.
    
    You and your employees, agents, assigns, and contractors understand that the App and the Services designed to remote start some equipment from a distance. You should conform your use to the limits below:
    
    • DO NOT use this product for any purpose other than its intended usage
    • DO NOT remote start any equipment in an indoor or enclosed area. If there are exhaust fumes, those fumes are extremely dangerous and can cause personal injury or death.
    • DO NOT remote start any equipment while it is being serviced, repaired, worked on, or while any person, animal, or object is touching, on, within, or near the equipment.
    • DO NOT allow children handle or operate the App or the Services.
    
    YOU HEREBY WAIVE AND VOLUTARILY RELEASE AND FOREVER DISCHARGE PUMPTRAKR FROM ANY LIABILITY FOR ANY AND ALL CLAIMS, DAMAGES, OR LOSSES, INCLUDING PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, PUNITIVE DAMAGES, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF REMOTE POWERING OF, ENGAGING, OR TURNING ON OF ANY EQUIPMENT USING THE SERVICES OR THE APP THIS RELATES TO ANY OF YOUR EQUIPMENT, INCLUDING BUT NOT LIMITED TO YOUR IRRIGATION EQUIPMENT, ELECTRIC OR GAS POWERED MOTORS, PUMPS, WELLS, POWER UNITS, OR PIVOTS. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF PUMPTRAKR KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF ANY FACT, CLAIM, OR POSSIBLE DAMAGES, OR ANY UNSAFE OR IMPROPER TURNING ON, POWERING, OR ENGAGING OF SUCH EQUIPMENT, AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. THESE LIMITATIONS SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT, AND APPLY TO ANYONE USING THE SERVICES OR MAKING A CLAIM ON YOUR BEHALF.
    
    If any claim or suit is brought against PUMPTRAKR or its employees, agents, owners, members, or officers arising out of the remote powering, engaging, or turning on of your equipment, you agree on your behalf and on behalf of your employer, employees, and agents to indemnify, defend, and hold PUMPTRAKR and PUMPTRAKR’s employees, agents, owners, members, or officers from and relating to all such claims.
    
    17.12 Entire Agreement. This Agreement, including the additional terms and policies that are referenced in this Agreement, are the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter. You cannot change this Agreement unless PUMPTRAKR agrees in writing to the change. Unless otherwise provided in this Agreement, for any conflict between these User Terms and other terms, policies or other materials that are referenced herein, these User Terms will govern.

Appendix to User Terms
Standard End User License

Last Updated: April 1, 2022

This Standard End User License (“License”) applies to each PUMPTRAKR App that you access or use on a Connected Device. Capitalized terms, if not defined in this License, are defined in the User Terms. If an App is provided by PUMPTRAKR, then references to “Provider” in this license means PUMPTRAKR.

THIS LICENSE INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS LICENSE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.

THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

THIS LICENSE ALSO INCLUDES A JURY WAIVER.

MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE SECTION TITLED “DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER” BELOW.

1. License. Provider is the owner or licensor of all right, title and interest in and to the App including, without limitation, any content, graphics, audiovisual files, processes, and code, along with all intellectual property rights in the App. Subject to your compliance with this License, Provider grants you a limited, personal, noncommercial, non-transferable, non-sublicensable, revocable, non-exclusive license to install and use the App solely in object code form for its intended purpose as described in this License and within the App on your Connected Device during the Term of the License. You agree to abide by this License in your installation and use of the App. The App is licensed to you but not sold to you.
   
2. Provider Updates, Modifications and Deletions. From time to time, PUMPTRAKR may remotely update, upgrade, modify, or delete the App for certain reasons, including, without limitation, to enhance App or system functionality or stability or to address potential safety or security concerns. Subject to your compliance with this License, You are entitled to receive such updates, upgrades, modifications and deletions. You agree that PUMPTRAKR may at any time automatically update, upgrade, modify, delete, or stop supporting the App, or cause the App to be removed automatically from your Connected Device. If the App is updated, upgraded or modified, whether to enhance or correct features or functionality, then this License shall apply to the updates, upgrades and modifications in addition to any other terms that are presented to you in connection with the update, upgrade or modification. PUMPTRAKR has no obligation to provide any customer support for the App or for the use of the application services.
   
3. Effect of Apps on Connected Devices. You understand that the download, operation and/or use of App(s) may: (i) have an unintended or adverse effect on the Connected Device, any system or software operating in or with the Connected Device, and/or one or more other Apps,(ii) result in a modification or change to the Connected Device, any system or software operating in or with the Connected Device, one or more other Apps, and/or the functionality of any one or more of the foregoing; and/or (iii) render all or a portion of the Connected Device, any system or software operating in or with the Connected Device, and/or one or more other Apps inaccessible or unusable. You understand and agree that the download, operation, and use of Apps is at your own risk and is your own responsibility, and that Provider has no obligation to provide customer support for the App or with regard to any effect it may have on the Connected Device, any system or software operating in or with the Connected Device, and/or one or more other Apps.
   
4. No reverse engineering; re-distribution or security circumvention. You agree not to reverse engineer, disassemble, use in a compilation, decompile, repurpose, distribute, resell or modify the App. You may only copy the App for purposes of transferring the App to your Connected Device and operating the App on your Connected Device. You may not re-distribute the App to other people that do not use your Connected Device. You agree to abide by and will not circumvent any security means or access control technology included in or with the App.
   
5. Open Source. If the App includes any Open Source Software, then your rights and responsibilities with respect to the Open Source Software shall be governed according to the terms of the applicable Open Source License. “Open Source Software” means software made available to others under the terms of an Open Source License; “Open Source License” means a software license that includes, but is not limited to, terms that: (a) permit distribution or redistribution of the software, including free of charge and for sale, by others without royalty or fee and allows for such distribution/redistribution to include source code and compiled code; (b) permits modifications, compilations, and derived works be created from the software and be distributed under the same terms as the original software; or (c) attach to the software and applies to all persons, entities, groups, organizations and institutions (the “Recipients”) to whom the software is distributed and/or who redistribute the software without the need for the Recipients to execute or otherwise acquire an additional license.
   
6. Term. This License shall continue until terminated by you or Provider or you cease use of the App (the “Term”). You may terminate this License at any time by uninstalling the App. This License shall terminate automatically at any time upon breach by you of any of the terms of this License and in such event you will cease all use of the App.
   
7. Service terms and Web Site Terms apply. If you use the App to access or use any service, then you agree to abide by the applicable terms of the service and warrant that you will do so. If you use the App to access or use any web site, then you agree to abide by the applicable terms of the web site and warrant that you shall do so.
   
8. Data Collection; Use and Back-up. PUMPTRAKR may collect and store information about you, your use of the Connected Device, and your use of the App. Any information collected by PUMPTRAKR can be used or shared for any lawful purpose. However, PumpTrakr will not disclose or share such information to third parties unless (a) such disclosure is for the purpose of proving the Services or (b) your content and/or information that is being shared or will be shared is de-identified prior to its use. The term “de-identified” means that either (a) the data, content, or information is aggregated with other data, content, or information so as to make it unlikely that a normal, reasonable audience or recipient of such information would be able to ascertain that any particular data, information, or content belonged to You, or (b) all identifying information associated with the data, content, or information (such as Your name, Your farm name, and/or specific land/parcel information) is removed prior to its use or prior to it being shared.
   
   You have sole responsibility for backing up or archiving any data you use with the App to the extent you have the right to do so. PUMPTRAKR does not have any responsibility for maintaining, archiving, or providing any data you use with the App and shall have no liability for any loss of access to or use of such data.

9. Content provided by PUMPTRAKR. The App may make available to you content that is the property of PUMPTRAKR or of others that give PUMPTRAKR permission to provide it to you. This content is provided only for use through the App on the Connected Device and no right is provided to you to, and you agree not to, copy, distribute, modify, perform, broadcast, display, transmit, reuse, re-post, use or claim any right in the content provided by PUMPTRAKR. You also agree that you will not use content provided by the PUMPTRAKR or through the App to violate any law or harass any person, group or business. If the App links you to any third party website or service, no right is provided to you to, and you agree not to, copy, distribute, modify, perform, broadcast, display, transmit, reuse, repost, use or claim any right in the content provided by the third party website or service unless you have legal permission from the third party. You also agree that you will not use content from the third party website or service to violate any law or harass any person, group, or business.
   
10. Your Transmissions and Use. You agree not to use the App to transmit or send any information or data that you do not have the right to transmit or send. You also agree that you will not use the App to transmit or send any information or data for any unlawful purpose or to harass any person, group, or business.
    
11. DATA DISCLAIMER. The App may use various types of data to perform functions for you. YOU ACKNOWLEDGE THAT THE DATA PROVIDED MAY NOT BE ACCURATE AND YOU USE THE DATA AT YOUR OWN SOLE RISK.
    
12. No guarantee of operation of features / networks. For services provided through networks, you are responsible for obtaining a contract with a service provider for network connectivity at your own sole cost. For services provided through networks, PUMPTRAKR cannot promise that your communications will not be intercepted by others and cannot promise that connections to websites and services through networks will be available to you, uninterrupted, or error free. You agree that PUMPTRAKR will not be liable for any damages for any loss of privacy occurring in communication over such networks or for any loss of connectivity or loss, error, or failure of other functionality provided through networks.
    
13. NO WARRANTY. The following paragraphs apply to the extent permitted by law and unless prohibited by law.
    
    PUMPTRAKR MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS IN RESPECT OF THE APP OR ANY SERVICE OR INFORMATION THAT PUMPTRAKR OR THE APP MAKES AVAILABLE TO YOU. THE APP, ANY SERVICE AND ANY INFORMATION THAT PUMPTRAKR OR THE APP MAKES AVAILABLE TO YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE” INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN. PUMPTRAKR, ON BEHALF OF ITSELF AND ALL PERSONS AND PARTIES ACTING BY, THROUGH OR FOR PUMPTRAKR, AND FOR THE BENEFIT OF PUMPTRAKR, EXPLICITLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR COLLATERAL, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE APP OR ANY SERVICES PROVIDED THROUGH THE APP, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
    
    PUMPTRAKR DOES NOT WARRANT THAT THE APP WILL CONTINUE TO OPERATE OR REMAIN AVAILABLE FOR ANY PERIOD OF TIME AND DOES NOT WARRANT THAT FUTURE OPERATION WILL BE COMPATIBLE WITH CURRENT OPERATION OR APPLICATIONS. PUMPTRAKR DOES NOT WARRANT THAT USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE APP WILL BE CORRECTED.
    
    PUMPTRAKR DOES NOT PROVIDE ANY GUARANTEE, CONDITION, OR WARRANTY THAT THE APP WILL OPERATE PROPERLY ON YOUR CONNECTED DEVICE, AND YOU AND ONLY YOU WILL BE RESPONSIBLE FOR ALL REPAIRS TO YOUR EQUIPMENT AND ANY OTHER LOSSES ACTUALLY OR ALLEGEDLY CAUSED BY THE APP.
    
    PUMPTRAKR DOES NOT PROVIDE ANY GUARANTEE, CONDITION, OR WARRANTY OF THE ACCURACY OF ANY DATA MADE AVAILABLE TO THE APP OR YOU THROUGH THE APP, WHETHER THE DATA IS LOCATION DATA OR ANY OTHER DATA AVAILABLE TO OR THROUGH THE APP.
    
    SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE, IN WHICH CASE PUMPTRAKR WARRANTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

14. EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, PUMPTRAKR AND ITS RESPECTIVE AFFILIATES AND THE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS THEREOF (“PROVIDER PARTIES”) SHALL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS LICENSE, THE APP, OR ANY SERVICES OR INFORMATION THE APP ACCESSES OR PROVIDES FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS, OR SAVINGS ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APP. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF PROVIDER, PUMPTRAKR OR ANY PROVIDER PARTY KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. TO THE EXTENT THAT ANY COURT FINDS PROVIDER, PUMPTRAKR, OR ANY PROVIDER PARTY LIABLE FOR ANY CLAIM IN CONNECTION WITH THIS LICENSE, THE APP OR ANY SERVICES OR INFORMATION THE APP ACCESSES OR PROVIDES, AND TO THE EXTENT ALLOWED BY LAW, YOU AGREE THAT PROVIDER, PUMPTRAKR, AND THE PROVIDER PARTIES SHALL COLLECTIVELY ONLY BE LIABLE FOR DIRECT DAMAGES AND THE MAXIMUM DAMAGES FOR ALL SUCH CLAIMS IN THE AGGREGATE SHALL BE NO GREATER THAN $100.00.
    
    FURTHER, THIRD PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PUMPTRAKR. TO THE EXTENT PERMITTED BY LAW, PUMPTRAKR DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER.
    
    TO THE EXTENT PERMITTED BY APPLICABLE LAW, PUMPTRAKR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER’S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ACCURACY, NOR SHALL PUMPTRAKR BE RESPONSIBLE FOR ANY OTHER BREACH OR WRONGDOING OF A THIRD PARTY PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY APP AND/OR SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES. PUMPTRAKR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH THIS LICENSE NOR FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL LAW.

15. Indemnification. You will indemnify and hold PUMPTRAKR harmless from any and all liabilities, damages, costs, and expense (including legal fees) that it incurs as a result of any third party claim to the extent arising from your breach of this License or any other negligent or intentional misconduct.
    
16. Disputes; Binding Individual Arbitration; Class Action and Jury Trial Waiver.
    
    The following paragraphs apply to the extent permitted by law and unless prohibited by law.
    
    (a) Our customer service department is available to address any concerns you may have regarding the Apps or the application services. You may call us at: 573-583-3225 or email us at info@pumptrakr.com. Most matters are quickly resolved in this manner to our customer’s satisfaction.
    
    (B) ANY MATTER WE ARE UNABLE TO RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ITS FORMATION, ENFORCEABILITY, PERFORMANCE, OR BREACH (EACH, A “LICENSE CLAIM”), WITH THE EXCEPTION OF THE MATTERS DESCRIBED IN SECTION 16(E) BELOW, SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CUSTOMER-RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL LICENSE CLAIMS. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
    
    (C) ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THE PRECEDING SENTENCE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION 16 SHALL BE NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE LICENSE CLAIMS.
    
    (D) THE RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT +1-800-778-7879. TO THE EXTENT THE INITIAL FILING FEE FOR THE ARBITRATION EXCEEDS THE INITIAL FILING FEE FOR A LAWSUIT, WE WILL PAY THE DIFFERENCE IN FEES.
    
    (E) SECTIONS 16(B) THROUGH 16(D) DO NOT APPLY TO ANY LICENSE CLAIM (I) IN WHICH A PARTY IS ATTEMPTING TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS (SUCH AS ITS PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR MORAL RIGHTS, BUT NOT INCLUDING ITS PRIVACY OR PUBLICITY RIGHTS), OR (II) THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.

17. Applicable law and time limit for filing. To the extent permitted by law and unless prohibited by law, this License shall be interpreted in accordance with and governed by the laws of the State of Missouri. If you are a public educational institution in the United States within state that requires applicability of one or more laws of your state, then those laws of your state shall apply. To the extent permitted by law and unless prohibited by law, You agree that you must file any arbitration request, claim, or cause of action arising out of or related to the App or this License within one (1) year after the events giving rise to the arbitration request, claim, or cause of action, or you shall be forever barred from filing such request, claim, or cause of action.
    
18. Notices. PUMPTRAKR may provide you with notices regarding the App, including changes to this License, by email to your mail address associated with your PUMPTRAKR account if available, by regular mail, or by postings presented through the Apps or application services on your Connected Device.
    
19. Miscellaneous. You may not assign this License without permission of PUMPTRAKR. You and PUMPTRAKR are independent contracting parties. If the App is provided to you by a third party Provider, you agree that PUMPTRAKR and its subsidiaries are third party beneficiaries of the License and thus PUMPTRAKR or its subsidiaries can enforce this License against you even if it is not the Provider of the App provided that if the doctrine of third-party beneficiaries is found to not apply for any reason, the parties acknowledge and agree that while PUMPTRAKR is not a party to this License and has no obligations under this License, the Provider is a trustee of PUMPTRAKR for the limited purpose of holding in trust for PUMPTRAKR the covenants in favor of PUMPTRAKR. Accordingly, the parties agree that PUMPTRAKR may enforce such rights and agreements in its own right (without being required to add the Provider as a party to any proceedings for such enforcement). If any term of this License is invalid or unenforceable, then it shall be severed from this License and the remainder of the agreement shall remain in full force and effect. If Section 16 is held to be invalid or unenforceable, then for any License Claims, the parties consent to personal jurisdiction and exclusive venue in the state and federal courts located in Cape Girardeau County, Missouri. No condition of this License shall be deemed waived unless waived in writing by the party claimed to have waived. This License is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter. You cannot change this License unless Provider agrees in writing to the change. Provider may modify this License by providing notice to you, and if you do not agree with any modification, then you must stop using the App. Your continued use of the App will be deemed acceptance of such modifications.