Terms of Use

Updated: December 14, 2018

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

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 Website 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.

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 DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE WEBSITE IS COMPLETE OR UP-TO-DATE AND IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE WEBSITE. RADIUS MAY CHANGE THE CONTENT OF THE WEBSITE AT ANY TIME WITHOUT NOTICE. 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 OR A LINKED SITE. 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 WEBSITE OR ANY LINKED SITE.

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.

You further agree that any claim related to this Website must be filed within one (1) year after it arises.

You do not have to provide Radius with any Personal Data (as defined in Radius’ Privacy Policy) 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.

The Website contains forward-looking statements, including 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. Forward-looking statements are sometimes identified by words such as “plan,” “may,” “will,” “expect,” “believe,” “intend,” and similar expressions referencing future events, conditions, or circumstances. These forward-looking statements are based on management’s current expectations and beliefs.

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 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 TYMLOS^® (abaloparatide) injection, and our inability to ensure that TYMLOS will obtain regulatory approval outside the U.S. or be successfully commercialized in any market in which it is approved, including as a result of risk related to coverage, pricing and reimbursement; risks related to competitive products and any collaboration agreements failing to be successful; risks related to clinical trials, including our reliance on third parties to conduct key portions of our 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 or during commercialization, if approved; risks related to manufacturing, supply and distribution; delays in enrollment of patients in our clinical trials, which could delay or prevent regulatory approvals; and the risk of litigation or other challenges regarding our intellectual property rights. These and other important risks and uncertainties discussed in our filings with the Securities and Exchange Commission, or SEC, including under the caption “Risk Factors” in our most recent Annual Report on Form 10-K filed with the 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.

These Terms of Use and any other terms and conditions contained on the Website, including Radius’ Privacy Policy, constitute the entire agreement between you and Radius and govern your use of the Website and Content. No modification to the Terms of Use will be binding on Radius unless in writing and signed by an authorized Radius representative. You must not assign or otherwise transfer the Terms of Use or any right granted hereunder. 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. Radius reserves the right to terminate your access to the Website for any reason or for no reason.

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.

Any rights and obligations under these Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.

Radius’ performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Radius’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the services or information provided to or gathered by Radius with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.