Terms of Use

Effective as of March 1, 2013

1.    Terms of Use

Welcome to our website. This document (“Terms of Use”) describes the terms and conditions which apply to your access and use of our corporate website, and all other ‘Radialpoint’ branded websites, and the information they may contain (“our websites”).

When you browse or otherwise use our websites, or any of their functions, you will be deemed to have accepted these Terms of Use and agreed to be bound by them.

In this document we use “Radialpoint”, “us”, “we”, “our”, or other similar words, to refer to Radialpoint SafeCare Inc. and its affiliated companies, while the terms “you”, “your”, “yours”, and other similar words refer to the persons who access or use our websites.

2.    Content

Unless where expressly stated otherwise, all content published, shown or made available on our websites, including text, images, logos, layout, graphics and other materials, software and information (the “Content”) is provided for your personal, non-commercial use only, and is made available solely for informational purposes. We may change the Content at any time and without any notice.

As a condition of using our websites, you agree that you will not, under any circumstances, do any of the following, unless you obtain our prior written consent:

a.

modify, manipulate, adapt, merge, alter, produce or create any derivative works or otherwise tamper with the Content or our websites, or attempt to do so;

b.

access or attempt to access our systems or servers (including without limitation systems and servers on which our websites are hosted), or other user or administrative accounts that you are not authorized to access, or the access to which is not intended for the public;

c.

duplicate, republish, distribute, archive or store the Content; or link to, frame, or otherwise make our websites or their Content available through or as part of any other website;

d.

exploit the Content for commercial purposes;

e.

interfere or attempt to interfere in any manner whatsoever with the proper working of our website or with any activity or service on our websites;

f.

submit, upload or transmit through our websites any material or information that violates any patent, trademark, service mark, trade secret, copyright or other proprietary or privacy rights of any party, or for which you do not own or have the necessary and appropriate rights;

g.

post, display, offer, publish, disseminate or transmit through our websites any unauthorized messages, surveys, advertisements or contests, duplicative messages, spam, chain letters or pyramid schemes, or information, material or data that contains viruses, Trojan horses, spyware, adware, worms, or similar malicious code or software;

h.

post, display, offer, publish, disseminate or transmit through our websites any obscene, indecent, profane, violent, hateful or otherwise unlawful or illegal material or information;

i.

use our websites or their Content in a manner to threaten, abuse, assault, defame, harass or otherwise violate the rights of any entity or individual, including without limitation their rights of privacy;

j.

access, gather, store, post, transmit, publish, distribute or disclose any personal data about other users of our websites, or otherwise access or attempt to access information, data or any content not intended for you or is not publicly available;

k.

use or attempt to use our websites or their Content in any other manner that violates the law.

Please note that we may investigate any violations of our systems, servers, networks, our websites’ security, and may involve and cooperate with law enforcement authorities in investigating such violations, and prosecute violators to the fullest extent of the law. Please note that we may, at all times and without notice, terminate, suspend or deny your access to our websites in our sole discretion.

3. Intellectual Property

The Content of our websites is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws in Canada, the United States and other countries, and may not be used or reproduced without our prior written consent. The names, logos, icons, slogans and taglines of Radialpoint and of its products and services are trademarks and the exclusive property of Radialpoint. Other products, company names and logos that may appear on our websites are trademarks of their respective owners. Any unauthorized use of any such protected Content is strictly prohibited.

Radialpoint™, PTScx™, Be More to your Customer™ and the “r” logo are trademarks or service marks (as applicable) of Radialpoint SafeCare Inc., and we reserve all rights, titles and interest to and on them.

4. Third party content

Sometimes our websites may contain links to third party websites or content. However unless expressly stated otherwise, we do not endorse, promote or agree with any of such third party website or its content. We provide such references for your convenience only. You acknowledge and agree that Radialpoint may not be held responsible for any information or content of websites controlled and/or operated by third parties. We do not make representations and give no warranties whatsoever with regard to the completeness, accuracy, content and the subject matter of any such website.

5. Disclaimer of warranties

While Radialpoint makes every effort to ensure that the information contained in our websites is accurate and up-to-date, it may contain technical, typographical, or other inaccuracies. The content on our websites is provided “as is” and “as available”. To the full extent permitted by applicable law, Radialpoint disclaims all warranties, express or implied, including any warranty of accuracy, completeness, availability, merchantability and fitness for a particular purpose. You expressly agree that your access and use of our websites is at your sole risk and perils.

Additionally, we do not represent that our websites or their Content are appropriate or available for use in any particular location. If you choose to access our websites, you do so on your own initiative and are responsible for compliance with all applicable laws.

6. Limitation of liability

To the maximum extent permitted by the applicable law, in no event shall Radialpoint (including its affiliates and partners, and its and their respective directors, officers, employees and representatives, and their successors and assigns) be held liable for any damages, direct or indirect, including without limitation any special, consecutive, contractual, extra-contractual or other damages arising from or related to your access or use of our websites or their Content, or, your inability to do so.

7. Indemnification

You agree, at your own expense, to defend, indemnify, and hold Radialpoint (including its affiliates and partners, and its and their respective directors, officers, employees and representatives, and their successors and assigns) harmless from and against any and all claims, liabilities, costs, damages and expenses, including without any limitation reasonable professional fees, arising from your violation of these Terms of Use, any proprietary rights or the law.

8. Your privacy

At Radialpoint, we are committed to protecting your personal information. Our Privacy Policy describes how we access, collect and use your personal information. You may consult the most recent version at www.radialpoint.com/en-privacy/. Additionally, some of our websites may use cookies and web beacons for extended functionalities, as well as to personalize your experience. We invite you to visit www.radialpoint.com/en-cookies/ to learn more about these technologies, and to better understand how and why we rely on them.

9. Applicable law

The laws of the Province of Quebec and the applicable federal laws of Canada, without regard to principles of conflict of laws, will govern these Terms of Use, and your access and use of our websites and their Content. Any dispute of any sort that might arise with regard to our websites or their Content shall be subjected to the exclusive jurisdiction of the competent courts located in the judicial district of Montreal.

If any provision of these Terms of Use is found to be invalid or unenforceable by such courts, such provision will be enforced to the maximum extent permissible by law, and the other provisions of this document will remain in full force and effect.

10. Updates to the Terms of Use

Because we are continuously updating the Content of our websites to provide you with the most accurate information on our technologies, software and services, we may change these Terms of use from time to time, without prior notice. The most current version of this document is available at www.radialpoint.com/en-terms/. The revised terms will take effect when they are made available on our website. Your access or use of our websites after such posting will signify your acceptance of the new terms and conditions.

These Terms of Use have been last updated on March 1, 2013.

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