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Beacon Wireless Solutions Inc. welcomes you to our www.harborstore.com
site. Your use of our site is subject to our "terms
of use," which applies to all services provided
by our site.
By accessing, browsing or registering as a HarborMaster
subscriber or otherwise using our site, you agree that
you have fully understood and agreed to be bound by
our terms of use (the "terms") and to comply
with all applicable laws and regulations as they may
exist from time to time and be applicable to the site
and its operation. You also agree to the privacy conditions
and policies of our site. In the event that you do not
agree to be bound by our terms, you may not access or
otherwise utilize our site. In addition to any other
rights, Beacon Wireless Solutions Inc. may in its sole
and only discretion and without further notice to you,
terminate the right of any user to access, purchase
or utilize in any fashion or participate in any way
on our site.
1. LICENCE TO USE THE SITE
Upon acceptance by you of our terms, as they may exist
from time to time, and upon our receipt of evidence
of such acceptance, you shall be granted a non-exclusive,
non-transferable and a limited right to access, use
and display the site and the materials thereon provided
you continue to comply with our user terms.
2. NON-INTERFERENCE
By receiving this non-exclusive, non-transferable limited
licence, you further agree that you shall not in any
way interfere with our site, so as to cause actual or
perceived damage to us. You agree therefore not to interfere
by way of spamming, hacking, up-loading any viruses
or in any other fashion interfere with the due operation
of the site by us on an ongoing basis for the availability
of the site to any of those who wish to access it. In
the event of any such interference or perceived interference
by us, we shall have the right to terminate your right
of use and to use all legal actions available to us
against you.
3. ELIGIBILITY
Our site and its services are available only to those
who may lawfully enter into contracts with us under
the law applicable to such contract. To register, you
will have to provide us with the information we require
including the fact that you are of "age" and
have appropriate credit and banking facilities. Our
user terms may be revised from time to time but will
be posted on our site and will become effective immediately
upon such posting. By use of our site, you will have
agreed to these user terms as may be provided by us
from time to time.
4. COPYRIGHT
Beacon Wireless Solutions Inc., controls or has licensed
or has a right of use for all materials posted on its
site. Domestic and international copyright and intellectual
property laws protect our site.
You may not utilize any of our copyrighted materials
other than the downloading of one copy of the content
from the site for your personal, non-commercial use.
By such downloading you agree you shall not acquire
any ownership rights whatsoever in our copyrighted materials.
Our materials may also be subject to creators' moral
rights, which must also be respected in that the name
of all creators must be shown, unless otherwise agreed
by us.
A breach of any of the aforesaid shall entitle us and/or
the copyright holders and moral right holders to bring
action against you and as well to report the matter
to the appropriate authorities.
5. OBLIGATION OF USE
You represent to us, which representation we rely upon
and you further warrant that you shall not up-load,
post or transmit to a distributor or otherwise permit
or publish through our site any information and materials
which may inhibit the utilization and use of our site;
which may be unlawful, abusive, libellous, defamatory,
obscene, pornographic, indecent or sexually explicit
in accordance with the relevant laws or which would
constitute a criminal offence or give rise to civil
liability to use or violate any intellectual property
rights of other parties, violate personal or privacy
rights or provide us with any false or misleading information
about you, your location or financial capacity, your
ability to pay your debt and your indemnification. Further
to the above representations, including your prior representation
not to interfere or attempt to interfere with the operation
of the site in any way, you, your heirs, successors
and assigns hereby agree to indemnify and save us harmless
from and against any claims, actions and liabilities
incurred, including all legal costs and expenses of
any kind, in connection with any claim arising out of
or based upon or occurring from your use of the site
arising from your alleged breach of any of your agreements,
covenants, warranties, representations and obligations.
Your indemnification shall extend to Beacon Wireless
Solutions Inc., its directors, officers, owners, employees,
agents and sub-agents. In the event of any such claim
or action being asserted against us, or our officers,
directors, owners, employees, agents and sub-agents,
we shall have the right at our own expense to assume
the exclusive defence and control of any such claim
or action against us and no settlement shall be made
by you without our prior written consent to be exercised
on a reasonable basis.
6. LINKS TO OTHER WEB SITES
In the event our site is linked to any other site on
the world-wide web, we shall not be responsible for
content or privacy policies or lack thereof by such
other site or sites, nor do we make any representation
or warranty as to the accuracy of the functioning of
any such other site, nor do we endorse the contents
of such site or its accuracy of content.
7. CONTROL OF SITE
Beacon Wireless Solutions Inc. may at any time and from
time to time, in its sole discretion, modify or discontinue
our site on a temporary or permanent basis without notice
or liability to you or any other user of the site. We
may also impose limits on certain features and services
and restrict access to any or our entire site without
notice or liability to you. The site is provided on
a "as is" and "as available" basis
and we can assume no responsibility for timelines, miss-delivery,
or failure to receive, use, store or otherwise be involved
with any communication from or to you.
We make no representation or warranty to you whether
expressed or implied for its functioning, fitness for
any particular purpose, for non-infringement, nor for
its contents or title, nor that the service will ever
be uninterrupted or error free or free of viruses or
other harmful components, nor that defects will be corrected,
nor for any breach of security, nor for any damage to
your computer system or loss of data that results from
a down-loading of any materials from our site. You expressly
agree that the use of our site and its services is solely
at your risk.
8. DAMAGES
To the full extent permissible under the applicable
law, we shall not be liable to you for any damages of
any kind, whether for negligence, breach of contract
or liability under any tort laws and your sole remedy
shall be to discontinue using our site. Neither we,
our directors, officers, owners, employees, agents,
sub-agents or our subsidiaries, affiliates or service
provider shall be liable for damages of any kind as
above noted, including and without limitation any direct,
indirect, special, incidental, punitive and consequential
damages including without limitation lost profits, revenues
or data arising out of or in connection with the site,
the inability to use the site or resulting from any
goods or services purchased or obtained or the non-fulfilment
of such purchases or for messages received or business
transactions entered into through the site.
9. TRADEMARKS
Harborstore is a registered trademark owned and operated
by Harborstore Inc., a wholly-owned subsidiary of Beacon
Wireless Solutions Inc. Its graphics, logos, may not
be used by you nor may they be used with any other product
other than our product without our prior written permission
and an appropriate licence agreement entered into with
us.
10. RESPONSIBLE FOR CONFIDENTIALITY
Other than information as to the completion of the purchase
transaction by you, you acknowledge that transmissions
to and from our site are not confidential and you accept
that we are not your fiduciary nor are we responsible
for keeping any such information confidential or shall
we be liable in any way in the event that such information
is not kept confidential.
11. APPLICABLE LAW
The laws of the Province of Ontario and the federal
laws of Canada shall govern this agreement and its use.
12. ANY DISPUTE
In the event of any dispute the parties will use their
best efforts to mediate the dispute by the appointment
of an independent mediator by Beacon Wireless Solutions
Inc. at the expense of both parties with such mediation
to be held in the City of Toronto, in the Province of
Ontario. In the event that the mediation is unsuccessful,
the parties agree that the dispute shall be resolved
pursuant to the Arbitrations Act of Ontario, with the
arbitration to be held in the City of Toronto and the
law applicable thereto shall be the law of the Province
of Ontario. The decision of the mediator shall be final
and binding and not subject to appeal. The mediator
shall be entitled to award costs of the hearing in addition
to resolution of the claim.
13. VOID OR UNENFORCEABLE PROVISION
In the event that any provision of this agreement shall
be held to be void or unenforceable by reason of the
applicable law, then that provision shall be deemed
severable from these terms and conditions and shall
not affect the validity enforceability of the balance
of the provisions of this agreement that shall continue
in full force and effect.
14. WAIVER
The waiver or failure to exercise any rights under this
agreement shall not prevent the future enforcement of
the remainder of that right and shall not be deemed
in waiver of any subsequent rights.
15. HEADINGS
Headings used in this user agreement are for convenience
only and are not to be relied upon.
16. ENTIRE AGREEMENT
This, and any relevant or applicable documents referred
to herein constitute the entire agreement between the
parties relating to the use of the site. These terms
may be modified only in writing, agreed to by both parties.
17. BINDING EFFECTIVE AGREEMENT
This agreement is binding upon you, your heirs, executors,
beneficiaries, successors and assigns and you may not
assign this agreement to any other party without our
prior written consent, which consent is subject to our
sole discretion.
We may assign this agreement to any affiliate, successor
related company to Beacon Wireless Solutions Inc. upon
notice thereof to you. |
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