TERMS AND CONDITIONS OF WEB SITE USE

THANK YOU FOR VISITING THE RADIALPOINT SAFECARE INC. ("RADIALPOINT") WEB SITE (THE " SITE"). PLEASE READ THESE TERMS AND CONDITIONS OF WEB SITE USE (THE "TERMS AND CONDITIONS") CAREFULLY BEFORE ACCESSING OR USING THE RADIALPOINT SITE. BY ACCESSING OR USING THE RADIALPOINT SITE or by sending messages, information, data, text, software, images or other materials to this Site, YOU AGREE TO THE TERMS AND CONDITIONS AS OUTLINED IN THIS LEGAL NOTICE, INCLUDING THE LIMITATION OF RESPONSIBILITY. WE SUGGEST THAT YOU CONSULT THESE TERMS AND CONDITIONS FROM TIME TO TIME AS RADIALPOINT RESERVES THE RIGHT TO CHANGE THEM AT ITS SOLE DISCRETION AND WITHOUT NOTICE.
These Terms and Conditions are in addition of the conditions found in the corporate site and apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with Radialpoint. In case of inconsistency between these Terms and Conditions and any other agreement you may have with Radialpoint, the other agreement shall prevail, but only to the extent of the inconsistency.
If you are dissatisfied with the RADIALPOINT Site or with these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing or using the RADIALPOINT Site.

Rights in RADIALPOINT Site and Content

1.1 - RADIALPOINT Intellectual Property Right

Copyright 2009 Radialpoint SafeCare Inc. and Radialpoint group of companies. All rights reserved. Used under license from Radialpoint SafeCare Inc.  The Radialpoint logo, the navigation tool and the content under Radialpoint site are offered only for a non commercial use.  It is prohibited to use the logo or the information contained in this site for commercial or marketing purposes or to increase traffic to another site without the prior written consent from Radialpoint.
The RADIALPOINT Site, Radialpoint trade names, trademarks, trade dress and logo and all content provided on the RADIALPOINT Site are protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, and are owned, controlled, and/or licensed by RADIALPOINT and/or its affiliates and related companies. Nothing contained on the RADIALPOINT Site should be considered as granting, by implication, estoppels, custom, usage or otherwise, any license or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying RADIALPOINT and/or its affiliates and related companies or their respective products and services displayed on the RADIALPOINT Site, without the expressed written consent of RADIALPOINT or such third party that may own such trade-marks, logos and other names displayed on the RADIALPOINT Site.   

1.2 - RADIALPOINT Content

Radialpoint reserves the right to remove any content of this site to its own discretion and Radialpoint cannot guarantee that all positions and information posted on its site are still accurate or available when you access them.  Radialpoint makes no commitment to the control of the available information or the results of your job search.

1.3 – User Name and Password

You are responsible to keep your user name and password confidential, and Radialpoint will not be held responsible for an authorized access of your profile or account.  In the case the confidentiality of your information would be compromised, please advise Radialpoint as soon as possible to avoid a fraudulent use of your identity.  Radialpoint will not be held responsible for any loss or damage, notably as a result of not respecting the security instructions contained in this section.  Please read the limitation of responsibility section under the present document.

Disclaimer of Warranties & Limitation of Liability

2.1 - Third Party Web Sites

Links to or from web sites outside the RADIALPOINT Site are provided only for your convenience. No endorsement of any third party or its products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the RADIALPOINT Site. Furthermore, RADIALPOINT does not endorse or assume responsibility for the privacy policies and terms of use of third party web sites. Please access all third party sites referenced to in or linked from or to the RADIALPOINT Site at your own risk.

2.2 - Copyright and Proprietary Rights Information

The RADIALPOINT Site may contain technical inaccuracies or typographical errors or omissions. In addition, RADIALPOINT reserves the right to make changes, corrections and/or improvements to the RADIALPOINT Site, and to the products, services and programs described in the RADIALPOINT Site, at any time without notice.
THE RADIALPOINT SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM DEFECT OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. YOUR USE OF (OR INABILITY TO USE) THE RADIALPOINT SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL RADIALPOINT, ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM, OR IN ANY WAY CONNECTED TO, THE USE OF THE RADIALPOINT SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE RADIALPOINT SITE OR THE CONTENT CONTAINED ON SUCH SITE(S), IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (DELICT), STRICT LIABILITY OR OTHER THEORIES OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE-REFERENCED EXCLUSIONS MAY NOT DIRECTLY APPLY TO YOU. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST RADIALPOINT, ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS ARISING OUT OF YOUR USE OF, OR INABILITY TO USE THE RADIALPOINT SITE OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE RADIALPOINT SITE OR THE CONTENT CONTAINED ON SUCH SITE(S).

2.3 - Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless RADIALPOINT, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Terms and Conditions; or (ii) your use of the RADIALPOINT Site and/or the content contained in the RADIALPOINT Site. RADIALPOINT reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.

2.4 – Governing Law and Jurisdiction

The content of the RADIALPOINT Site (excluding linked sites belonging to third parties) is prepared by RADIALPOINT from its offices within the Province of Quebec, Canada. By accessing the RADIALPOINT Site, you and RADIALPOINT agree that all matters relating to your access to, or use of, the RADIALPOINT Site shall be governed by the laws of the Province of Quebec, without regard to the conflicts of laws and principles thereof. You and RADIALPOINT also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Quebec, district of Montreal, with respect to such matters.

2.5 Linking Agreement

Radialpoint welcomes links to its Internet web home page. If you want to link to this Site, you may do so, provided you agree to the link conditions (the "Link Conditions") described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:

  1. A link may be established to the following home page (the "Home Page") of this Site: http://www.Radialpoint.com. Links may not be established to any other pages on this Site without Radialpoint' written permission.
  2. If you link to this Site, Radialpoint grants you a limited, non-exclusive, non-transferable, royalty-free license to use the Radialpoint trademark and Internet icons, if available, (the "Licensed Marks") solely for the purpose of serving as a link from your web site to this Site. Except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of Radialpoint' trademarks or service marks (the "Marks") for any reason without Radialpoint' prior written permission.
  3. You acknowledge that all rights to the Marks, the content appearing on the Radialpoint Website pages (the "Web Pages") and the "look and feel" of the Web Pages belong to Radialpoint. You will not at any time directly or indirectly contest or infringe these rights.
  4. If you link to this Site, your web site:
    1. may not create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
    2. may not imply that Radialpoint is endorsing you or your products or services.
    3. may not imply an affiliation between your company and Radialpoint without the prior written consent of Radialpoint;
    4. may not misrepresent your relationship with Radialpoint or present false or misleading impressions about Radialpoint' Services; and
    5. may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups;
  5. Radialpoint shall have no responsibility or liability for any content appearing on your web site;
  6. Radialpoint may at any time, in its sole discretion, immediately terminate your license to use the Licensed Marks and your right to link to this Site, with or without cause. If Radialpoint exercises this right, you will immediately remove all links to this Site and cease using the Licensed Marks;

Radialpoint may amend these Link Conditions at any time. You agree to abide by these Link Conditions and other legal terms and conditions on this Site, as amended from time to time.