Terms of Use

Welcome to the Radius Health Inc. (“Radius”) website, www.staging.radiuspharm.com (the “Website”). Radius provides the services available on the Website to subject to the following terms and conditions (these “Terms of Use”). The terms “you” and “user” refer to anyone who accesses the Website.

Electronic Agreement and Changes

By accessing or using the Website, you are acknowledging that you have read, understand, and agree to be legally bound by these Terms of Use and understand the terms and conditions of Radius’ Privacy Policy. Radius may change these Terms of Use or the Privacy Policy at any time without notice. Changes will be posted at www.staging.radiuspharm.com under “Terms of Use” or “Privacy Policy” as applicable. Your use of the Website after any changes have been posted will constitute your agreement to the modified Terms of Use and/or Privacy Policy and all of the changes. Therefore, you should read these Terms of Use from time to time for changes.

Scope of Use and Restrictions

Radius owns, operates and maintains the Website. The Website and the content, including, but not limited to, text, data, information, reports, images, photos, graphics, graphs, charts, animations and video displayed on the Website (the “Content”) are the property of Radius, or its licensors, and are protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered, or unregistered Marks of Radius, or others. Nothing contained on the Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written consent of Radius, or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.

You agree that when accessing Content on, or submitting information to, the Website, you shall not use such Content, or submit such information, for any purpose that is contrary to, or violates, any applicable law or regulation. In addition, you agree you may only use the Website for your personal and non-commercial use. You may print, copy, and download any Content contained in the Website for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content obtained on the Website, except as otherwise expressly provided herein, without the express prior written consent of Radius. If you copy or download any Content you agree to retain all copyright and other proprietary notices and not to obscure, delete or modify any notices or legends contained therein.

The Website is controlled and operated, and intended for use only by users residing within the United States. Radius makes no representation that the Content is appropriate or available for use in any other countries, and access to the Site from territories where the content of the Website may be illegal or inappropriate is prohibited. Those who choose to access this Website from locations outside the United States do so on their own initiative and are responsible for compliance with all applicable local laws.

Links to Other Sites

The Website may contain links to other sites not supported by Radius. Such links are provided as a convenience to you. The inclusion of any link does not constitute an endorsement, authorization, sponsorship, affiliation or monitoring by Radius with respect to such linked site or its owners. Radius has not verified the accuracy or completeness of any information in such linked sites, and makes no representations as to the information contained therein. Accessing any linked sites is at the user’s own risk. You should review the applicable terms of use and privacy policies in connection with your use of such third party sites.

No Medical Advice

The Website does not provide medical advice.
The Website and Content are intended for educational purposes only. They are not a substitute for actual medical care. Persons requiring diagnosis or treatment, or who have specific questions related to their condition or care, should contact their health care provider.

DISCLAIMER AND LIMITATIONS

THE CONTENT AND THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. RADIUS EXPRESSLY DISCLAIMS, WITH REGARD TO THE CONTENT OR THE WEBSITE, ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RADIUS ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, THE FUNCTIONS AND INFORMATION CONTAINED IN THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, WILL BE TIMELY OR ERROR-FREE, OR WILL CONTAIN NO VIRUSES OR OTHER HARMFUL COMPONENTS. RADIUS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.

IN NO EVENT WILL RADIUS OR ANY OF ITS LICENSORS OR HOSTING PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN, WITH RESPECT TO ANY USE OF THE WEBSITE. IN NO EVENT WILL RADIUS OR ANY OF ITS LICENSORS OR HOSTING PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.

Indemnity

You agree, at your sole cost and expense, to defend, indemnify, and hold harmless Radius, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, arising from your use of the Website or Content, or your breach of these Terms of Use.

Privacy

You do not have to provide Radius with any Personal Data to visit the Website. Any personally identifiable information you submit in electronic communications through the Website is governed by the Radius’ Privacy Policy.

Any other communication or material you transmit through the Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. You understand that such communication or material and the ideas, concepts, know-how, processes, or techniques contained within, may be used by Radius or its affiliates for any purpose, including without limitation, disclosure to third parties and/or for developing, manufacturing, marketing, and/or selling products and service without compensation to you.

Forward Looking Statements

The Website contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995.  All statements contained in the Website that do not relate to matters of historical fact should be considered forward-looking statements.

These forward-looking statements are based on management’s current expectations. These statements are neither promises nor guarantees, but involve known and unknown risks, uncertainties and other important factors that may cause our actual results, performance or achievements to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements, including, but not limited to, the following: we have no product revenues and may need to raise additional funding, which may not be available; risks related to raising additional capital; our limited operating history; quarterly fluctuation in our financial results; our dependence on the success of abaloparatide-SC, and our inability to ensure that abaloparatide-SC will obtain regulatory approval or be successfully commercialized; any collaboration agreements failing to be successful; risks related to clinical trials, including having most of our products in early stage clinical trials and uncertainty that results will support our product candidate claims; the risk that adverse side effects will be identified during the development of our product candidates; and delays in enrollment of patients in our clinical trials, which could delay or prevent regulatory approvals.  These and other important factors discussed under the caption “Risk Factors” in our most recent Annual Report on Form 10-K filed with the Securities and Exchange Commission, or SEC, and our other reports filed with the SEC could cause actual results to differ materially from those indicated by the forward-looking statements made in the Website.  Any such forward-looking statements represent management’s estimates as of the date of their posting.  While we may elect to update such forward-looking statements at some point in the future, we disclaim any obligation to do so, even if subsequent events cause our views to change.  These forward-looking statements should not be relied upon as representing our views as of any date subsequent to the date of their posting.

General

These Terms of Use and any other terms and conditions contained on the Website constitute the entire agreement between you and Radius and govern your use of the Website and Content. The failure of Radius to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in force.

These Terms of Use shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without giving effect to conflicts-of-law principles thereof. You consent and submit to the personal jurisdiction of the state and federal courts located in the Commonwealth of Massachusetts, United States of America with respect to any legal proceedings that may arise in connection with the Website or from a dispute as to the interpretation or breach of these Terms of Use.