Terms of Use

These Terms of Use constitute a legally binding agreement between Radianx Capital, LLC ("Radianx", "our," "us," "we" or "company") and you, the user of www.radianxcapital.com (the "Site"). By accessing the Site you acknowledge that you have read and agree to these Terms of Use. These Terms of Use govern your use of the Site. Please read these Terms of Use carefully. If you do not agree with any of the terms and conditions contained herein, please do not access the Site.

Radianx reserves the right to amend these Terms of Use in its sole discretion. Radianx will post any changes to these Terms of Use on the Site, and changes are effective immediately upon posting. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and conditions. You should consult the "Terms of Use" bar on the Site each time you visit the Site.

PURPOSE OF THE SITE; NOT INVESTMENT ADVICE; NO RECOMMENDATIONS

The information presented on or through the Site is made available solely for informational purposes in relation to Radianx and its financing capabilities for prospective portfolio companies. Radianx does not warrant the accuracy, completeness or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Radianx disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its Contents (as defined below).

This Site is not intended to provide legal, business, tax, accounting, investment or other advice. You agree not to construe any of the Content provided in connection with the Site as legal, business, tax, accounting, investment, financial or other advice. You agree that the Content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or other investment. You understand that none of the Content constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or other investment, or that you should pursue any investment strategy, and the Content is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all Content provided in connection with the Site is published without consideration of your individual circumstances, financial or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the Content provided in connection with the Site. You agree to consult your own professionals as to any legal, business, tax, accounting, investment, financial or other advice regarding any Content provided in connection with the Site.

PRIVACY POLICY

Radianx does not collect any personally identifiable information such as IP address, domain name, webpage, the length of time spent on the Site, or the pages accessed while visiting the Site. The information-gathering technology referred to as "cookies" will not be used in connection with the Site. The only information that Radianx collects is that which is voluntarily submitted by users. By using the Site you hereby understand and consent to the transfer of any data submitted by you to Radianx. Under no circumstances will Radianx exchange such information with third parties.

OWNERSHIP

The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, "Marks") found on the Site and any and all information and content available through the Site (including strategies, policies, business plans, research, concepts and other information (collectively, the "Content")) are proprietary to Radianx or its licensors and are protected by intellectual property rights and unfair competition and other laws. You may not use any Mark or Content without the express written permission of the owner (whether Radianx or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content.

LIMITATION OF LIABILITY

RADIANX DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RADIANX IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE, OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

UNDER NO CIRCUMSTANCES WILL RADIANX BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNITY

You agree that you will be solely responsible for, and that you will defend, indemnify and hold Radianx, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Site. Radianx reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Radianx for all liabilities, losses or damages. You agree to provide Radianx with whatever cooperation it reasonably requests.

MISCELLANEOUS

You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without Radianx's prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. Radianx may assign these Terms of Use or any rights under these Terms of Use without your consent and without notice. Nothing in these Terms of Use may be used to construe you and Radianx as joint venturers, co-employers, partners or agents of each other, and neither you nor Radianx has the power to obligate or bind the other in any way whatsoever. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of Radianx at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law rules. Any legal proceeding arising out of or relating to these Terms of Use against or relating to Radianx or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word "including" means "including without limitation."

If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact Radianx at (646) 403-3807.