Terms of Use

Last revised: August 16, 2013

1. Introduction and acceptance

Welcome to www.rdmcorp.com, a website owned and operated by RDM Corporation (“RDM”, “Our”, “Us” or “We”). These website terms of use (“Terms of Use”) contain the legal terms and conditions that govern your use of Rdmcorp.com, all other sites owned and operated by RDM that redirect to www.rdmcorp.com and all subdomains of www.rdmcorp.com (collectively, the “Website”).

By using the Website, you agree, without limitation or qualification, to be bound by these Terms of Use and such other additional or alternative terms, conditions, rules and policies including, without limitation, the Privacy Statement (as defined below), which are displayed or to which you may be directed in connection with any particular Website or any of the services available on the Website, all as may be modified by Us from time to time in Our sole discretion. If you do not agree to the Terms of Use, then you must discontinue accessing and/or using all the Website.

RDM reserves the right to modify the Terms of Use at any time and from time to time and in its sole discretion, and each such modification shall be effective upon posting on the Website. All material modifications will apply prospectively only. Your continued use of the Website following any such modification constitutes your agreement to be bound by and your acceptance of the Terms of Use as so modified. It is therefore important that you review the Terms of Use regularly. If you do not agree to be bound by such modified Terms of Use, you must discontinue use of the Website immediately.

2. Privacy

RDM values and respects your privacy. You can view RDM’s statement of its policies and procedures with respect to Our collection, use and disclosure of your personal information here www.rdmcorp.com/privacy-statement (the “Privacy Statement”), which is incorporated herein by reference. The Privacy Statement provides your rights and RDM’s responsibilities with regard to RDM’s collection and use of Personal Information as well as Our use of internet tags, cookies, graphic tags and web beacons (collectively, “Tags”). We will not use Personal Information or Tags in any way inconsistent with the purposes and limitations provided in the Privacy Statement. By accepting the Terms of Use, you hereby consent to: (i) RDM’s collection and use of your Personal Information in accordance with the Privacy Statement and the Terms of Use; and (ii) RDM’s placement and use of Tags as described in the Privacy Statement. The Privacy Statement may be updated from time to time at Our discretion. Changes will be effective upon posting to the Website.

3. Website content

We do not represent or warrant that any of the content or materials presented on the Website are appropriate or available for use in other locations or jurisdictions. If you access the Website from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws. RDM SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECT IN, THE INFORMATION CONTAINED WITHIN THE WEBSITE.

4. Modification of the website

RDM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, with or without notice. RDM shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Website. RDM may establish general practices and limits concerning use of the Website.

5. RDM intellectual property

All materials available through the Website, including, but not limited to, text, images, illustrations and other data, are protected by copyrights which are owned or licensed by RDM. RDM reserves all rights not granted in and to the content and materials available on the Website. You may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any materials from the Website without Our prior written permission.

6. Rights to use the website

Subject to the terms and conditions set forth in the Terms of Use, RDM grants you a non-exclusive, royalty-free, revocable, non-transferable, limited right to access and use the Website in accordance with the Terms of Use. You agree that you will not use the Website to: (i) misappropriate the intellectual property rights of RDM or its affiliates; (ii) attempt to deface, modify or manipulate any of the Website or employ any tactic to defeat or evade any security feature employed by the Website; (iii) misappropriate the identity of, or obtain any personal information about any other user of the Website, or any customer, vendor, dealer or employee of RDM; and/or (iv) modify, erase or damage any information contained on the Website or any computer hardware or information storage device owned or used by RDM. As an additional term and condition of use of the Website, you agree not to use any process, research method or tactic to recreate or replicate the features, functions or design of the Website through reverse engineering.

7. Indemnification

You agree to indemnify and hold harmless RDM and its respective officers, directors, employees, from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, or asserted in connection with: (i) your access to or use of the Website; (ii) your violation of these Terms of Use; and/or (iii) your violation of the rights of any other person or entity.

8. Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. TO THE FULLEST EXTENT PERMITTED BY LAW, RDM EXPRESSLY DISCLAIMS ALL, AND MAKES NO, REPRESENTATIONS, WARRANTIES, CONDITIONS OR UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. RDM DOES NOT WARRANT THAT ANY ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, AND DO NOT ASSUME RESPONSIBILITY FOR THE CONDUCT OF ANY USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.

9. Limitation of liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL RDM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS OF USE OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY: (A) USE, INABILITY TO USE OR PERFORMANCE OF THE WEBSITE; (B) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF OR SOFTWARE UNDERLYING THE WEBSITE; (C) BUGS OR VIRUSES WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE; (D) INTERRUPTION OR CESSATION OF SERVICE OR OF TRANSMISSION OF THE WEBSITE; AND/OR (E) UNAUTHORIZED ACCESS TO OR USE OF RDM’S OR ITS CONTRACTORS’ SECURE SERVERS.

10. Forward-looking statements

The Website is for informational purposes only. Nothing contained in the Website constitutes investment, legal, accounting, tax or other professional advice. The Website and the information contained on the Website does not constitute a solicitation, offer or recommendation by RDM, any of its affiliates to buy or sell any securities, financial instruments, investments or other services. Decisions based on information contained on the Website are your sole responsibility.

Past performance is not indicative of future results. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

From time to time, we make written or oral forward-looking statements within the meaning of certain securities laws, including in this site, in filings with Canadian securities regulators or the U.S. Securities and Exchange Commission and in other communications. These statements include, but are not limited to, statements we make about our operations, business lines, financial condition, risk management, priorities, targets, ongoing objectives, strategies and outlook. Forward-looking statements are typically identified by the words “believe,” “expect,” “anticipate,” “intend,” “estimate” and other similar expressions or future or conditional verbs such as “will,” “should,” “would” and “could.” By their nature, these statements require us to make assumptions and are subject to inherent risks and uncertainties that may be general or specific. A variety of factors, many of which are beyond our control, affect our operations, performance and results and those of our business lines, and could cause actual results to differ materially from the expectations expressed in any of our forward-looking statements. Forward-looking statements are subject to various risks, uncertainties and assumptions. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Readers should not place undue reliance on our forward-looking statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

11. Third party websites and links

The Website may contain links to or the content of/from third party websites (collectively, “Third Party Websites”). Third Party Websites are not owned or controlled by RDM, therefore RDM has no control over any products, services, materials or other information in or available through Third Party Websites. We assume no responsibility for any Third Party Website including, but not limited to, any content within on or available at a Third Party Website. You agree that You assume all risk when accessing any Third Party Websites, and release RDM from any and all liability resulting from the access and/or use of Third Party Websites. It is Your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. RDM makes no representation, warranty, condition or undertaking regarding, nor endorses, any Third Party Websites.

12. Security

RDM reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing RDM to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms of Use or any law or regulation. You acknowledge and agree that RDM may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting you in this regard.

13. Submission of ideas or suggestions

RDM is always improving the Website and its services and developing new features. If you have ideas or suggestions regarding improvements or additions, RDM would like to hear them, however any submission will be subject to these Terms of Use. RDM does not, however, desire that you send post or upload any information that is confidential or proprietary to you or to any other person or company. By submitting comments, messages, suggestions, ideas, concepts or other information (collectively, “Submissions”) to RDM, you thereby (a) represent and warrant that none of the Submissions are confidential or proprietary to you or to any other person; and (b) grant RDM and its affiliates an irrevocable, perpetual, royalty-free, non-exclusive, unrestricted, worldwide license to: (i) use, copy, publish, transmit, perform and display the Submissions for any purpose; (ii) create derivative works from such Submissions; and (iii) implement and otherwise commercialize the Submissions and any suggestions, concepts or ideas contained therein without compensation to you. Furthermore, you agree that RDM is not responsible for the confidentiality of the Submissions.

14. Governing law

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regards to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, without regards to its principles of conflict of laws.

15. General provisions

These Terms of Use, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by RDM without restriction. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use. The failure of RDM to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

For more information please call 800.567.6227 or CONTACT US
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