Customer Agreement for the Purchase of JTrek Software Application.

IMPORTANT: READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE. BY DOWNLOADING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE SOFTWARE.

THIS SOFTWARE PRODUCT IS NOT MEANT TO REPLACE 911 EMERGENCY. IF YOU ARE IN DANGER, DIAL 911 AND COOPERATE FULLY WITH THE 911 DISPATCHER PRIOR TO USING JTREK.

PLEASE READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE "I ACCEPT/AGREE" CHECK BOX AT THE BOTTOM OF THE SIGN UP WEB PAGE. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. YOU MAY NOT DOWNLOAD THIS SOFTWARE APPLICATION UNLESS YOU ACCEPT THE TERMS OF THIS LICENSE.

YOU MAY PRINT THE WEB PAGE CONTAINING THIS LICENSE OR SAVE IT AS A FILE ON YOUR COMPUTER. THE LICENSE INCLUDED WITH THIS SOFTWARE PACKAGE IS SUBSTANTIVELY IDENTICAL TO THIS LICENSE.

This Agreement is between you, the Customer ("Customer") and JTrek, LLC. ("JTrek"). JTrek agrees to provide Customer with a software file taking the form of a compressed archive containing the JTrek software application "Personal Security Surveillance" to be used on a Smartphone and a copy of this License (Collectively "Software Product"). Customer will not be charged for this Software Product, but Customer understands that the utility of the Software Product is substantially limited if it is not used in conjunction with JTrek's online services.

This Software Product is provided as part of a comprehensive personal security surveillance system. The Software Product is downloaded onto Customer's Smartphone and is integrated and used together with the services offered on and through this Web site, www.JTrek.com. The terms and conditions relating to Customer's use of www.JTrek.com are governed by separate Terms of Use and Privacy Policy agreements. By downloading or using this Software Product, Customer acknowledges that Customer has read the Terms of Use and Privacy Policy of www.JTrek.com, that Customer understands them, and that Customer agrees to be bound by their terms. If you do not agree to the terms and conditions outlined in www.JTrek.com's Terms of Use and Privacy Policy, promptly exit this page without downloading the software.

1. Definitions.

1.1 "JTrek Web site" means the Web site located at the http://www.JTrek.com

1.2 "JTrek Information Entry Page" means the Web page that shall be downloaded to Customer's computer after Customer accepts this Agreement.

1.3 "JTrek Download Page" means the Web page that shall be downloaded to customer's computer or Smartphone after the Customer has properly submitted the required information on the JTrek Information Entry Page to JTrek. The JTrek Download Page shall grant Customer the ability to download the Software Product.

1.4 "Software Product" means the compressed archive, which includes the full application "Personal Security Surveillance" and a copy of this License.

1.5 "Acceptance" means that the Customer has accepted the terms of this Agreement and has manifested said acceptance by clicking on the "I ACCEPT/AGREE" CHECK BOX AT THE BOTTOM OF THE SIGN UP WEB PAGE.

2. JTrek's Duties.

2.1 Privacy of Customer's Information. Subject to the www.JTrek.com Privacy Policy ("Privacy Policy"), JTrek shall not disclose to third parties any personal information, as defined in the Privacy Policy, which Customer forwards to JTrek through the Information Entry Page. The information which Customer forwards to JTrek through the use of the Information Entry Page shall be used solely by JTrek for the purposes enumerated in the Privacy Policy, and for purposes of uploading the Software Product to Customer's Smartphone, billing, advertising, and for notifying Customer of any future information pertaining to the Software Product, such as upgrade information and alerts.

2.2 Provision of Software Product. JTrek shall allow Customer to access the JTrek Download Page after the Customer has (1) indicated Acceptance of this Agreement, and (2) has properly filled out all information on the JTrek Information Entry Page.

3. Customer's Duties.

3.1 Information Entry Page. Customer shall enter and forward to JTrek truthful and factually accurate information on the Information Entry Page.

3.2 Intellectual Property Ownership. Customer recognizes that the Software Product is JTrek's copyrighted and trademarked intellectual property. Customer shall not, and shall not permit others to: copy, modify, create derivative works from, reverse engineer, decompile, encumber or otherwise use the Software Product, except as is specifically authorized under this Agreement. All appropriate copyright and other proprietary notices and legends shall be retained on all Licensed Software supplied by JTrek.

4. License. JTREK GRANTS TO CUSTOMER A NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE PRODUCT IN ACCORDANCE WITH ITS INTENDED USE AND AS PROVIDED IN THIS LICENSE. THE SOFTWARE PRODUCT IS LICENSED BY JTREK TO CUSTOMER FOR CUSTOMER'S PERSONAL USE ONLY ACCORDING TO THE TERMS OF THIS AGREEMENT.

4.1 Use of Software Product. Customer may install and use the Software Product on no more than one Smartphone at a time.

4.2 Term of License. This License Agreement is effective until terminated by JTrek or Customer. Customer may terminate this License Agreement by permanently deleting the Software Product and any backup or archival copies from Customer's computer(s) and Smartphone on which the Software Product is stored. JTrek may terminate this License Agreement by notifying Customer of its revocation of this license. In such a case, Customer shall delete the Software Product and any backup or archival copies from Customer's computer(s) and Smartphone on which the Software Product is stored.

4.3 Restrictions. Customer may transfer the Software Product to another person entity or person so long as said entity or person agrees to the terms of this Agreement and Customer does not retain any copies of the Software Product. Customer may not modify, reverse engineer, decompile, disassemble or create derivative works from the Software Product.

5. Copyright. The Software Product is copyrighted material owned by JTrek and is protected by United States copyright law. Customer may not copy or otherwise reproduce any part of the Software Product with the exceptions specified in Paragraph 4.1. Customer may physically transfer the software electronically over a network but may not distribute the Software Product to others, with the exception enumerated in Paragraph 4.3.

6. Purchase Price. Subject to the terms and conditions of this Agreement, the Software Product shall be free, and Customer shall not be charged for the downloading of the Software Product. However, the services provided Online through the JTrek Web site shall be governed by a separate service agreement. This Paragraph applies only to the Software Product and not to the accompanying services offered through the JTrek Web site.

7. JTrek Information Entry Page. The JTrek Information Page shall require Customer to enter Customer's full name, address, email address, phone number, and credit card information. The JTrek Information Page shall also ask Customer to provide voluntary information which JTrek shall use only according to the terms of Paragraph 2.1.

8. Disclaimers. THE SOFTWARE PRODUCT DOES NOT REPLACE 911 EMERGENCY. IF YOU ARE IN DANGER, DIAL 911 AND COOPERATE FULLY WITH 911 DISPATCHERS PRIOR TO USING JTREK.

The services and products provided by JTrek are provided "AS IS", WITHOUT WARRANTY OF ANY KIND TO CUSTOMER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR CUSTOMER'S PURPOSE. CUSTOMER AGREES THAT ANY EFFORTS BY JTREK TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. CUSTOMER FURTHER AGREES THAT JTREK SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL INJURY OF ANY KIND, EVEN IF JTREK WAS ADVISED OF THE POSSIBILITY OF SUCH INJURIES OR WAS GROSSLY NEGLIGENT.

Without limiting the foregoing, JTrek makes no warranty that (i) the Software Product and accompanying services will meet Customer's requirements in a state of emergency; (ii) the Software Product and accompanying services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Software Product will be effective, accurate, or reliable. While JTrek makes every effort to ensure the availability and accuracy of its Software Product and service results, Customer understands and acknowledges that JTrek cannot guarantee that its Software Product and accompanying services will be uninterrupted and error free. Moreover, the information gathered from the use of the Software Product may not be sufficient to locate Customer's geographic location or provide authorities with sufficient information to track attackers. It is therefore crucial that Customer alerts the proper authorities of any perceived danger PRIOR to Customer's use of the JTrek Software Product. In no event should JTrek be used instead of a 911 emergency call. The Software Product engages numerous features of your Smartphone. Moreover, use of the Software Product may cause your Smartphone to lock or freeze because of an overload of function use.

9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL JTREK BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PERSONAL INJURY, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE JTREK SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF JTREK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, JTREK'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE FOREGOING, JTREK SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DELAY OR FAILURE TO PERFORM ANY OF THE SERVICES OR OBLIGATIONS SET FORTH IN THIS AGREEMENT DUE TO CAUSES BEYOND JTREK'S REASONABLE CONTROL.

10. Indemnification. JTrek shall not undertake to resolve any disputes or litigation on Customer's behalf involving use of the services described herein, and Customer agrees that it shall indemnify, hold JTrek harmless and defend JTrek against any disputes involving use of the Software Product. Notwithstanding the foregoing, JTrek shall defend and indemnify Customer in any action to the extent that such action is based upon a claim that the Software Product furnished by JTrek infringes any patent, copyright, trade secret or other intellectual property right, provided that Customer: notifies JTrek within ten (10) days of its discovery of the existence or imminence of such claim, gives JTrek sole control of the litigation or settlement of the claim, and provides all such assistance as JTrek may reasonably require. JTrek shall have no liability if the claim results from any modification or unauthorized use of the Software Product by Customer.

11. Choice Of Law. This Agreement and performance hereunder shall be governed by the laws of the State of Illinois, without giving effect to the principles of conflict of laws of such state or international treaties. Subject to the arbitration clause, JTrek and Customer hereby agree on behalf of themselves and any person claiming by or through them that the sole and exclusive jurisdiction and venue for any litigation arising from or relating to this Agreement or the subject matter hereof shall be an appropriate federal or state court located in Cook County, Illinois.

Any dispute relating in any way from this Agreement shall be submitted to confidential binding arbitration in Cook County, Illinois, except that, to the extent Customer has in any manner violated or threatened to violate JTrek's intellectual property rights, JTrek may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

12. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing, and shall be effective only after affixation of both parties' signatures.

13. Headings. The headings of the sections of this Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this Agreement.

14. Enforceability and Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of this Agreement shall continue in full force and effect.

15. Knowing Consent and Authority to Consent. Customer knowingly and expressly consents to the foregoing terms and conditions. Customer warrants that Customer is authorized to enter into this Agreement on its behalf or on behalf of the purchasing entity.