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THE FOLLOWING DESCRIBES THE TERMS ON WHICH WHEELER TECHNOLOGIES, INC., DOING BUSINESS AS BoatingEvents.com ("BoatingEvents.com"), OFFERS YOU ACCESS TO THE BoatingEvents.com INTERACTIVE BOATING PORTAL 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.BoatingEvents.com, known herein as the "Service". If you do not accept these terms and conditions, You may not use the Service.

BoatingEvents.com reserves the right, at our 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 the Service.
BoatingEvents.com is an Interactive online service serving the boating community. Event sponsors can post details of their sponsored event(s) to intrested parties. Members can post advertisements in the classifieds advertisements.

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 BoatingEvents.com service. BoatingEvents.com may refuse access to the Service to anyone at any time, in its sole discretion.

3. Fees.
Posting events to BoatingEvents.com is free of charge. Posting classified advertisements to BoatingEvents.com is free of charge.

4.BoatingEvents.com's Liability.

4.1 The Service is a venue for Event Sponsors to increase exposure to Sponsors event. BoatingEvents.com does not screen or censor the Events Posted. BoatingEvents.com is not involved in sponsorship of events. While BoatingEvents.com makes every effort to verify the validity of the information posted, the truth or accuracy of the listings is beyond the control of BoatingEvents.com. In addition, You assume all risks associated with buying or selling goods or merchandise or attending or participating in any event posted to the BoatingEvents.com service.

4.2 Because user authentication on the Internet is difficult, BoatingEvents.com 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 BoatingEvents Information Service to avoid fraud or other potential harm including physical harm.

4.3 BoatingEvents.com 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. BoatingEvents.com 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 BoatingEvents.com (and its affiliates, agents and employees) from, and covenant not to sue BoatingEvents.com (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. Registration Password. You are responsible for maintaining the confidentiality of Your 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 registration, whether or not authorized by you.

7. Your Information. Your information includes any information you provide to BoatingEvents.com, 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 BoatingEvents.com is merely a passive conduit for online distribution and publication of Your Information. Notwithstanding the foregoing, BoatingEvents.com may take any action with respect to any information it deems necessary or appropriate in its sole discretion if BoatingEvents.com believes it may create liability or may cause BoatingEvents.com 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 BoatingEvents.com.

7.4 Solely to enable BoatingEvents.com to use Your Information, You grant BoatingEvents.com 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. BoatingEvents.com 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. BoatingEvents.com 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 BoatingEvents.com 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 Service.

9. Indemnification. You will defend BoatingEvents.com 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. BoatingEvents.com's Ownership. The contents of the Service, such as text, graphics, images, logos, button icons, 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 BoatingEvents.com 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 BoatingEvents.com creates to generate its pages. This Code is also protected by BoatingEvents.com'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 BoatingEvents.com site or transactions being conducted thereon. You may not take any action which imposes an unreasonable or disproportionately large load on BoatingEvents.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. BoatingEvents.com 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. BoatingEvents.com 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 BoatingEvents.com is unable to verify or authenticate any information You provide to us. Without limiting any other remedies, BoatingEvents.com may suspend or terminate Your account if you are found to have engaged in fraudulent activity in connection with the Service or any other BoatingEvents.com services.

13. Other Policies. BoatingEvents.com's Privacy Commitment is available by clicking: PRIVACY STATEMENT, 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. BoatingEvents.com 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, BoatingEvents.com IS NOT RESPONSIBLE FOR THOSE COSTS. BoatingEvents.com PROVIDES THE SERVICE ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. BoatingEvents.com SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BoatingEvents.com 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 BoatingEvents.com 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 BoatingEvents.com 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 BoatingEvents.com'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 BoatingEvents.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. BoatingEvents.com 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 BoatingEvents.com with respect to the use of the Service.

 
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