JMK Environmental Solutions Inc.

	*First Name
	*First Name

	*Last Name
	*Last Name

	Company
	Company

	*Address
	*Address

	*City
	*City

	*State
	*State

	*Zip
	*Zip

	*Phone
	*Phone

	Extension
	Extension

	*Fax
	*Fax

	Department
	Department

	*Email
	*Email

	Cell Phone
	Cell Phone

	Pager
	Pager

	*You are with
	*You are with

	*† Member ID
	*† Member ID

	*† Password
	*† Password

	*†Confirm
	*†Confirm

* Required Field

† Must Be 3-10 Long

<-------- Member Agreements --------> The JMK Environmental Solutions website or its Partners' website, as the case may be (the 'Website' or 'Site'), provides you with the online communications service ('Service') offered by JMK Environmental Solutions Communications, Inc. ('JMK Environmental Solutions'), through which the JMK Environmental Solutions Software (as defined below) may be downloaded, subject to your compliance with the terms and conditions set forth below.This agreement, the terms and conditions of the applicable JMK Environmental Solutions service, and the JMK Environmental Solutions Privacy Policy (collectively, this 'Agreement') collectively are a legal agreement between you (either an individual or an entity) and JMK Environmental Solutions regarding the use of the software you download from the Site, including all programs, related documentation and updates which may be periodically provided by JMK Environmental Solutions (collectively, the 'Software'). BEFORE YOU CLICK ON THE 'I ACCEPT' BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS BELOW. BY CLICKING ON THE 'I ACCEPT' BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE 'I DECLINE' BUTTON AND THE SOFTWARE WILL NOT BE DOWNLOADED TO YOUR COMPUTER. If you do not wish to be bound by these terms and conditions, you may not access or use the Site, Software or Service. JMK Environmental Solutions may modify this Agreement at any time by posting such modification on the Site and such modification shall be deemed effective immediately upon posting of the modified Agreement. Your continued access or use of the Site, Software or Service shall be deemed your acceptance of the modified Agreement. You agree to review the Agreement regularly as there may be modifications. JMK Environmental Solutions may also make changes to the Site, Software or Service at any time without notice. GRANT OF LICENSE. This Agreement permits you to use one copy of the Software, for internal purposes only, on only one computer. The Software is 'in use' on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. LICENSE RESTRICTIONS. The Software is made available solely for use by you in accordance with the terms of this Agreement. Use of the Software is governed by the terms set forth in the this Agreement. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT COPY THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION. JMK Environmental Solutions reserves all rights in the Software not expressly granted herein, including without limitation ownership and proprietary rights. You may not reverse engineer, decompile or disassemble the Software, except insofar as such restriction is prohibited by law. TRADEMARKS, COPYRIGHT AND THIRD PARTY MATERIALS. JMK Environmental Solutions hereby reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively 'Marks') and nothing in this Agreement grants you the license to use such Marks. ADDITIONALLY, OTHER MARKS WHICH APPEAR ON THIS SITE MAY BE MARKS OF THIRD PARTIES THAT ARE NOT AFFILIATED WITH JMK Environmental Solutions. JMK Environmental Solutions AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. JMK Environmental Solutions reserves the right to change or update information on the Website without notice. All images, text, graphics, logos, sound, programs and any other material found on the Website are protected by United States copyright law and international treaties. Any reproduction or use of such material by you is expressly prohibited. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. LINKS AVAILABLE ON THIS SITE MAY ENABLE YOU TO LEAVE THE SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF JMK Environmental Solutions AND JMK Environmental Solutions IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. JMK Environmental Solutions IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY JMK Environmental Solutions OF THE SITE. You are responsible for taking precaution to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. JMK Environmental Solutions may offer you products and services provided by third parties. These third party products and services are provided to you only as a matter of convenience and are not under the control of JMK Environmental Solutions. JMK Environmental Solutions is not responsible or liable for the contents, quality, performance or terms of use of any such third party products or services. YOUR CONDUCT. You agree to use the Service, Software and Site only for lawful purposes. You are prohibited from posting on or transmitting through the Service and Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If JMK Environmental Solutions is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by you, JMK Environmental Solutions may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Service or Site. JMK Environmental Solutions may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request or (ii) to protect the rights or property of JMK Environmental Solutions and its users. JMK Environmental Solutions reserves the right to prohibit conduct, communication or content that it deems in its sole discretion to be harmful to individual users, JMK Environmental Solutions, the communities that make up JMK Environmental Solutions, or any rights of JMK Environmental Solutions or any third party, or to violate any applicable law. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JMK Environmental Solutions DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, SITE AND SERVICE AND ANY TRANSACTION PERFORMED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. JMK Environmental Solutions cannot and does not guarantee or warrant that the Software or other files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SOFTWARE AND SERVICE. ALL SERVICES PROVIDED BY JMK Environmental Solutions ARE PROVIDED 'AS IS'. JMK Environmental Solutions DOES NOT WARRANT THAT THE SITE, SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICE WILL OPERATE WITHOUT ANY PACKET LOSS OR INTERRUPTION, OR THAT ANY DEFECTS IN THE SITE, SOFTWARE OR SERVICE WILL BE CORRECTED. JMK Environmental Solutions MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OF THE CALL OR ANY CONNECTION TO OR ANY TRANMISSION OVER THE INTERNET. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT JMK Environmental Solutions AND ITS SUPPLIERS OR LICENSORS WILL NOT BE LIABLE FOR (1) ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, SITE OR SERVICE, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INDEMNIFICATION. You agree to indemnify, defend and hold JMK Environmental Solutions, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Site, Software or Service harmless from and against all losses, expenses, damages and costs, including attorneys¢®¦ fees, resulting from any violation by you of the Agreement or asserted by any third party due to or arising out of your use of or conduct on the Site, Software or Service. The provisions of this paragraph are for the benefit of JMK Environmental Solutions and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Site, Software or Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf. U.S. GOVERNMENT-RESTRICTED RIGHTS. The Software and accompanying documentation are deemed to be 'commercial computer Software' and 'commercial computer Software documentation' respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. EXPORT RESTRICTIONS. You may not download, export, or re-export the Software (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department() 's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. TERMINATION. JMK Environmental Solutions reserves the right to terminate the Service and your use of the Software, Service and Site at any time without notice and for any reason. You may terminate this Agreement at any time simply be ceasing to use the Software, Site and Service; however, the provisions of the Sections of this Agreement entitled Trademarks, No Other Warranties, Limitation of Liability, and General shall survive such termination. GENERAL. This Agreement is governed by the laws of the United States and the State of California, without reference to conflict of laws principles. Any dispute between you and JMK Environmental Solutions regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the state of California. You agree to submit to exclusive jurisdiction in Santa Clara County, California and you expressly waive all defenses to jurisdiction. This Agreement is the entire agreement between you and JMK Environmental Solutions supersedes any other communications or advertising with respect to the Software, Site, and Service. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. JMK Environmental Solutions's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. JMK Environmental Solutions may assign its rights and duties under this Agreement to any party at any time without notice to you.Should you have any questions concerning this Agreement, or if you desire to contact JMK Environmental Solutions for any reason, please contact: info@JMK Environmental Solutions.com, P.O. Box 5445, Santa Clara, California 95056-5445.

I Accept