Radialpoint - Terms Of Use

TERMS AND CONDITIONS OF WEB SITE USE

THANK YOU FOR VISITING THE RADIALPOINT, 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 THE RADIALPOINT SITE, YOU AGREE TO THE TERMS AND CONDITIONS AS OUTLINED IN THIS LEGAL NOTICE. RADIALPOINT RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME AT ITS SOLE DISCRETION AND WITHOUT NOTICE.

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

Synbridge, Radialpoint, Radialpoint Security Services, Radialpoint Managed Service Delivery Platform, Zero- Knowledge Systems Inc, are all trademarks of Radialpoint Inc. These trademarks may be registered in certain jurisdictions.

The RADIALPOINT Site 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 - Downloading RADIALPOINT Content

No information or material on the RADIALPOINT Site may be copied, reproduced, republished, downloaded, posted, commercially exploited, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial use only, provided you keep intact all copyright and proprietary notices. This authorization does not cover the design or layout of the RADIALPOINT Site and any use or reproduction thereof is expressly prohibited. You agree that you do not acquire any rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on the RADIALPOINT Site and any third party content accessed through the RADIALPOINT Site.

Disclaimer of Warranties & Limitation of Liability

2.1 - Third Party Web Sites

Links to 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 of third party web sites. Please access all third party sites referenced to in or linked from the RADIALPOINT Site at your own risk.

2.2 - Global Reference

The RADIALPOINT Site can be accessed from other countries around the world and may contain references to RADIALPOINT products, services, and programs that have not been announced or that may not be distributed in your country. These references do not imply that RADIALPOINT intends to announce or offer to sell or distribute such products, services or programs in your country or jurisdiction.

2.3 - 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).

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.

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 with respect to such matters. RADIALPOINT makes no representation that materials on the RADIALPOINT Site are appropriate or available for use in other locations, and accessing them from locations where their contents are illegal is prohibited. Those who choose to access the RADIALPOINT Site from other locations do so on their own initiative and are responsible for compliance with local laws. -