Beacon Wireless Solutions Inc. and Beacon Marine Europe welcome you to our www.beaconwireless.net, www.harborstore.com, www.harborstoreeurope.com and www.viewfleet.net websites. Your use of our sites is subject to our "terms of use," which applies to all services provided by our sites.

By accessing, browsing or registering as a HarborMaster and/or FleetMaster 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 utilise our site. In addition to any other rights, Beacon Wireless Solutions Inc. and/or Beacon Marine Europe 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. and/or Beacon Marine Europe 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 utilise 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. and/or Beacon Marine Europe, 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. and/or Beacon Marine Europe 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. and/or Beacon Marine Europe upon notice thereof to you.