THE FOLLOWING DESCRIBES THE TERMS ON WHICH WHEELER TECHNOLOGIES, INC., a Florida Corporation, DOING BUSINESS AS HirerGear ("HirerGear.com"), OFFERS YOU ACCESS TO THE HirerGear INTERACTIVE HUMAN RESOURCES CANDIDATE TRACKING AND EVALUATION SERVICE. BY USING THIS SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AS DETAILED BELOW.

This Agreement describes the terms and conditions applicable to your use of our services located at www.HirerGear.com, known herein as the "The Service". If you do not accept these terms and conditions, You may not use the Service.

HirerGear reserves the right, at our sole discretion, to change, modify, add, or remove portions of this Agreement periodically for changes. If you use The Service after we post changes to this agreement, you accept the changed terms. this agreement may not be otherwise amended except in a writing signed by both parties.

1. Description of Service.

HirerGear Candidate Screening System (CSS) is a suite of interactive, online services that provide: Internet job posting and publication services; job applicant skills assessment services; candidate tracking and evaluation services; candidate background checks; candidate employment and education verification; and pre-employment drug use screening. Subscribers can create and publish job requisitions, track and evaluate job applicants, and evaluate candidates more efficiently and objectively.

2. Eligibility for Use.

The Service is made available to all intrested parties in so much as they abide according to these TERMS AND CONDITIONS OF USE. If you do not agree to be bound by these TERMS AND CONDITIONS OF USE, please do not use this, or any other HirerGear service. HirerGear may refuse access to the Service to anyone at any time, in its sole discretion.

3. Fees.

HirerGear is a fee based subscription service.

4. HirerGear's Limited Liability.

4.1 The HirerGear Service is a computer software tool which allows Employers to improve the quality of candidates for employment. HirerGear imporves efficiently of the hiring process by providing consistant, objective metric by which to evaluate the suitibility of prospective employees. HirerGear.com makes no effort to verify the validity of the information posted, the truth or accuracy of the postings is beyond the control of HirerGear.

4.2 Because user authentication on the Internet is difficult, HirerGear does not confirm that each information poster is who he or she claims to be, or that such information poster is actually authorized to represent specific information posted. Therefore, you must use care in dealing with information posted to the HirerGear Information Service to avoid fraud or other potential harm including physical harm.

4.3 HirerGear has no obligation to, and generally does not, control the information provided by information posters which is made available through the Service. By its very nature, information may be offensive, harmful or inaccurate, and in some cases will be misleading and/or deceptive. Therefore, You should use caution when using the Service.

4.4 Information posted on the Service may contain inaccuracies or typographical errors. HirerGear makes no representations about the accuracy, reliability, completeness, or timeliness of the Servive and makes no representations whatsoever about the information posted on the Service. Your use of the Service at Your own risk.

5. Release.

You release HirerGear (and its parent, affiliates, agents and employees) from, and covenant not to sue HirerGear (and its affiliates, agents and employees) for, claims, demands and damages (whether direct, indirect, special, incidental or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes or such dealings.

6. Login Passwords.

You are responsible for maintaining the confidentiality of Your login password. You may not disclose to or share Your password with any third parties or use Your password for any unauthorized purpose. You shall be responsible for all uses of Your subscription, whether or not authorized by you.

7. Your Information.

Your information includes any information you provide to HirerGear, in any service area or through any email or other feature available through the Service (defined herein as "Your Information"). With respect to Your Information:

7.1 You are solely responsible for Your Information, and You acknowledge and agree that HirerGear is merely a passive conduit for online distribution and publication of Your Information. Notwithstanding the foregoing, HirerGear may take any action with respect to any information it deems necessary or appropriate in its sole discretion if HirerGear believes it may create liability or may cause HirerGear to lose (in whole or in part) the services of its internet service providers or other suppliers.

7.2 You acknowledge and agree that You are solely responsible for the form, content and accuracy of any information placed by You on the Service.

7.3 You represent and warrant that Your Information shall not: (a) be fraudulent; (b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be defamatory, libelous, abusive, hateful, unlawfully threatening or unlawfully harassing; (e) be obscene, sexually explicit or contain child pornography or offensive language; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) link directly or indirectly to or include descriptions of goods or services that are prohibited by HirerGear.

7.4 Solely to enable HirerGear to use Your Information, You grant HirerGear a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licenseable (through multiple tiers) right (including any moral rights) and license to use, reproduce, modify, adapt, publish, perform and display Your Information (in whole or in part) and to incorporate it in other works in any other form, media or technology now known or later developed, for the full term of any rights that may exist in Your Information. HirerGear will use Your Information in accordance with our Privacy Commitment.

8. Your Use of the Service.

The Service may be used only for lawful purposes. HirerGear specifically prohibits any use of the Service, and You agree not to use the Service, for any of the following:

8.1 Posting any incomplete, false or inaccurate information or information which is not Your own.

8.2 Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.

8.3 Deleting or revising any material posted by any other person or entity.

8.4 Using any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service.

8.5 Taking any action which imposes an unreasonable or disproportionately large load on the Service's infrastructure.

8.6 Disclosing to or sharing Your password with any third parties or using Your password for any unauthorized purpose.

8.7 Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, or any other web site maintained by HirerGear other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

8.8 Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the HirerGear Service.

9. Indemnification. You will defend HirerGear and its affiliated companies against all claims, suits, and proceedings brought by third parties, and will indemnify and hold them harmless from and against any and all related liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorneys' fees) arising out of, relating to or incurred in connection with (a) the use of Your Information, including any third-party claims alleging infringement of any copyright, trademark or other intellectual property right or alleging libel, defamation or invasion of privacy; (b) any breach of warranty by You; (c) Your use of the Service. 5.

10. HirerGear's Ownership. The contents of the Service, such as text, graphics, images, logos, button icons, process, alogrtyyms, software and other material, excluding Your Information, (the "Material"), are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of Wheeler Technologies, Inc. (DBA HirerGear) or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Service is the exclusive property of BoatingEvents.com and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. Moreover, You shall not copy or adapt the HTML code that HirerGear creates to generate its pages. This Code is also protected by HirerGear's copyright.

11. System Integrity . You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or the HirerGear.com site or transactions being conducted thereon. You may not take any action which imposes an unreasonable or disproportionately large load on HirerGear.com's infrastructure. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. HirerGear will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

12. Breach. HirerGear may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Your membership, any of Your current listings, and any other information You place on the Service, if You breach this Agreement or if HirerGear is unable to verify or authenticate any information You provide to us. Without limiting any other remedies, HirerGear may suspend or terminate Your account if you are found to have engaged in fraudulent activity in connection with the Service or any other HirerGear services.

13. Other Policies . HirerGear's Privacy Commitment is available by clicking: PRIVACY POLICY, applies to Your use of the Service, except to the extent such terms are inconsistent with this Agreement, in which case the terms of this Agreement shall control.

14. No Warranty . HirerGear DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HirerGear.com IS NOT RESPONSIBLE FOR THOSE COSTS. HirerGear.com PROVIDES THE SERVICE ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. HirerGear SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HirerGear MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

15. Limit of Liability .

15.1 IN NO EVENT SHALL HirerGear BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICE. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL HirerGear BE LIABLE FOR ANY CLAIM, CAUSE OF ACTION, OR DAMAGES, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF PERSONAL INJURY, SEXUAL HARASSMENT, WRONGFUL TERMINATION, FRAUD, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION POSTED ON THE SERVICE.

15.2 HirerGear's LIABILITY, IF ANY, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

16. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service and Your Posting of events and advertisements.

17. No Agency . No agency, partnership, joint venture or franchisor-franchisee relationship is intended or created between You and BoatingEvents.com by this Agreement.

18. Notices. Except as explicitly stated otherwise, any notices shall be given to the email address You provide to HirerGear.com during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, BoatingEvents.com may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to BoatingEvents.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

19. General.

HirerGear makes no claims that the Service or the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Market or the Materials may not be legal by certain persons or in certain countries. If You access the Service from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, in a particular "Legal Notice," or in Software License or material on particular Web pages, this Agreement constitutes the entire agreement between You and HirerGear with respect to the use of the Service.