Hello and welcome to RADform™ website!
Please read the following carefully.
The following terms and conditions (“Terms”) apply to all visitors and users of the radform.com website (“Site”) which is owned and operated by RADform Inc. (“RADform”). By accessing the Site, and/or by submitting a posting through the Site, you indicate your acknowledgment and acceptance of these Terms. PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SITE. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF SITE THROUGH YOUR CONTINUED USE OF THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS SITE.
Please note that the Terms and any other policies or guidelines governing the Site are subject to change by RADform at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms posted on the Site at the time of such use. Your continued use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. If you do not agree to any changes to these Terms, please immediately discontinue your use of the Site.
You also understand and agree that we may amend, alter, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, content, functionality or aspect in our sole discretion without notice to you.
1. Registration Information
We may at times require that you register and/or set up an account to use certain portions of the Site, or the Site as a whole. In order to do so, you may be provided, or required to choose, a password, user ID, and/or other registration information, including, but not limited to, personal information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by sending the corrected Registration Information to us at: email@example.com or by using the appropriate update mechanism on the Site, if available. If RADform believes that the Registration Information you provide is not correct, current, or complete, RADform reserves the right to refuse you access to this Site, and to terminate or suspend your access at any time. However, RADform has no obligation to verify the accuracy, currency completeness or usefulness of any Registration Information that you have provided to the Site.
2. User ID/Password and Promotional Codes
If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of any user ID, password, and similar information. You may not authorize others to use your user ID, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
3. Site Use
The Site contains text, graphics, drawings, photos, software, logos, icons and other materials (“Site Content”) furnished by RADform which is owned by RADform. The Site may also contain text, graphics, drawings, photos, software, logos, icons and other materials (“Third Party Content”) that is owned or provided by persons other than RADform (“Third Party Providers”)(the “Site Content and the “Third Party Content” is collectively, “Content”). RADform makes no representations or warranties regarding such Content. Inclusion of information or materials from third parties on this Site does not mean, unless expressly stated otherwise, that RADform endorses or agrees with such information or materials. You understand that you have no proprietary rights in the Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of RADform or the Third Party Providers. You may download Content from the Site and may use the Site for your personal use only, provided you keep intact all copyright and other proprietary notices.
The Content, its organization, design, compilation, advertising and all other material on the Site, including without limitation, the “look and feel” of this Site, is protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and is the property of us and our Third Party Providers. The Site is a copyrighted work of RADform and we reserve all rights in and to the Site. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the Site is strictly prohibited.
Other than connecting to our servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.
RADform expects that you will access and use the Site in a respectful and responsible manner in accordance with applicable laws. You may have the opportunity to post to the blogs located on the Site or otherwise engage in dialogue with representatives of RADform and users of the Site (“Members”) through the Site. RADform welcomes your content, messages, remarks, ideas, commentary, reviews and other information communicated to RADform and other Members through this Site (collectively, a “Submission”). Of course, you are prohibited from using a false e-mail address, from impersonating another person or entity, or otherwise misleading RADform or other Members as to your identity when you are on the Site or otherwise communicating with RADform. RADform may also refuse to grant you an ID or user name if such ID/user name is protected by trademark or other intellectual property laws or is unlawful or offensive, as determined by us in our sole discretion.
You further agree that you will use this Site for lawful purposes only and represent and warrant that you will not use the Site to:
(a) download, post, e-mail or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, homophobic, sexist, defamatory, vulgar, obscene, inflammatory, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any Submission which encourages conduct that would constitute a criminal offence, violate the laws of others or otherwise violates any applicable local, provincial, national or international laws, including harms minors in any way;
(b) download, post, e-mail or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) download, post, e-mail or otherwise transmit any Submission that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
(d) use the Site or any Content to post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(e) upload, post, e-mail or otherwise transmit any Submission to the Site that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any RADform’s or third party computer hardware, software, networks, or hardware or telecommunications equipment;
(f) interfere with or disrupt the Site or servers or networks connected to the Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Site or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;
(g) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site;
(h) use bots or other automated methods to access the Site, add or download contacts, send or redirect messages, or perform other activities through LinkedIn or other social media sites, unless explicitly permitted by RADform
(i) access, via automated or manual means or processes, the Site for purposes of monitoring the Site’s availability, performance or functionality for any competitive purpose;
(j) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;
(k) attempt to or actually access the Site by any means other than through the interfaces provided by RADform such as its mobile application. This prohibition includes accessing or attempting to access the Site using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including the Site;
(l) attempt to or actually override any security component included in or underlying the Site;
(g) intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with the Site; and
(h) collect or store personal information about other Members of the Site or disseminate such personal information through a Submission or otherwise.
Any breach of the above representations, covenants and warranties may result in termination of your use of the Site, and, if appropriate, referral to relevant law enforcement authorities. RADform reserves the right, but has no obligation, to monitor Submissions. However, RADform does reserve the right to remove any Submissions or material that in its sole opinion, violates or is alleged to violate, any applicable laws.
Additionally, you hereby grant to RADform a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, display or otherwise use any Submission communicated to RADform by you through this Site (including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein) and to incorporate any Submission in other works in any form, media, or technology now known or later developed, including for advertising and promotion purposes, for any purpose, whatsoever, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such Submission, however arising. RADform will not be required to treat any Submission as confidential, and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind. For greater clarity, RADform also reserves the right, in its sole discretion, to refuse to post any Submission that it receives from you.
7. Disclaimer of Warranties/Limitation of Liability
Except as described above, everything on the Site, including the Content and all Submissions, is provided “as is” and “as available” without representations, warranties, guarantees or conditions of any kind, either express or implied. RADform expressly disclaims all representations, warranties, guarantees and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement or those arising out a course of dealing or usage of trade. You are solely responsible for any resulting damage to your computer system or loss of data.
RADform makes no representations, warranties or conditions regarding the completeness, accuracy, availability or appropriateness of the Site or the Content or their usefulness for your purposes. For greater clarity, RADform does not represent or warrant that (i) the Content contained in this Site will be uninterrupted, reliable, accurate, complete, suitable, valid, truthful, error-free or will meet your requirements in any way; (ii) any defects in the Content will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components; (iii) the use of the Content and the Site will be timely, secure, or error-free; (iv) the results that may be obtained from your use of the Content or the Site obtained through the Site will be accurate, beneficial or reliable; or (v) the quality of any Content obtained by you through your use of the Site will meet your expectations. The Content may include technical inaccuracies or typographical errors, and RADform may make changes or improvements at any time.
In no event shall RADform, its directors, officers, employees, affiliates, Third Party Providers, agents or advisors be liable to you or any other person or entity for any indirect, exemplary, incidental, consequential or punitive damages, including lost profits, loss of income, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses or other economic loss arising from: (i) your use or inability to use the Site or the Content obtained through the Site or any site to which you hyperlink from the Site; (ii) any third party claims that the use by you of the Content or the Site violates any third party intellectual property right or privacy right; (iii) any failure of performance of the Site or the Content, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; (iv) any damages arising from communications or transactions with other Members of the Site, whether through blogs or otherwise, or persons that you meet through the Site or (v) any other matters relating to this Site, any Submissions or the Content, based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not such RADform had any knowledge, actual or constructive, that you might incur such damages.
RADform expressly disclaims any and all such above representations, warranties and conditions to the fullest extent permissible under applicable law. Certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
You agree at all times to indemnify, defend and hold harmless RADform, its licensors, Third Party Providers, service providers, employees, contractors, agents, officers, directors, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgments, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of the Site, the Content or from Submissions that you post to, submit or transmit through the Site or from your violation of these Terms. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of Content, or other Submissions from this Site.
(a) Applicable Law. These Terms and any action related thereto or related to the Site will be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. You agree that any action at law or in equity arising out of or relating to these Terms or your use of the Site, the Content and the Submissions will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action. Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject. Sections 3-9 will survive any termination of these Terms for any reason.
(b) Termination. You acknowledge and agree that these Terms will remain in effect for so long as you use this Site. You agree that this agreement can only be terminated by you once you have stopped using the Site. RADform reserves the right to terminate your use of the Site at any time, for any reason, with or without cause, if RADform believes that you are violating these Terms in any way. RADform also has the right, in its sole discretion, to remove any Submissions or other content of yours from the Site. If you wish to terminate your account, you many choose to cease your use of the Site or to send RADform notification by e-mail at firstname.lastname@example.org. RADform will not be responsible for maintaining or returning Submissions or your password.
(c) Entire Terms. These Terms and any other legal notices, policies and guidelines of RADform linked to these Terms constitute the entire agreement between you and RADform relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
(d) No Agency; Third Party Beneficiary. RADform is not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of RADform, you, and relying Third Party Providers.
(e) Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
(f) Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
(g) No Waiver. RADform will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by RADform. No delay or omission by RADform in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. RADform’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of RADform’s right to subsequently enforce such provision or any other provisions of these Terms.
(h) Headings. The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms.
Last updated: October 7, 2013