AV GROWTH FUND III, LLC

ADV Filing

Last Updated: May 8th, 2023

This Terms of Use (“TOU”) agreement contains the terms under which Radient LLC (“Radient”) provides access and use to this website (“Site”). Radient provides a variety of services through this Site (“Services”) that you may access through your computer or mobile device, and your use of those Services is governed by this TOU. Additional service-specific terms and policies (including rules and guidelines) apply to some Services (“Additional Terms”). Those Additional Terms are incorporated into your agreement with us if you use those Services. You can find the Additional Terms on this Site. We refer to the combination of this TOU and any applicable Additional Terms collectively as the “Terms.”

Radient reserves the right to update the Terms at any time by posting notice of such changes on this Site. You agree that your access or use of the Site or Services after any changes are made to the Terms will constitute your acceptance of such changes. Radient reserves the right in Radient's sole and absolute discretion to change the Site, including eliminating or discontinuing any content or feature of the Site, or, with reasonable notice, to impose fees, charges, or other conditions for use of the Site or parts thereof. The current version of the TOU can be found by clicking on the “Terms of Use” hypertext link at the bottom of the Site.

1. User Requirements

If you are using these Services as an individual, you may only use the Service if you can lawfully enter into and form legal contracts. If you are using these Services on behalf of your company, you represent that you have the authority to agree to these Terms on behalf of your company. In such instances, “you” and “your” refer to the company. If you use Services, you expressly represent to Radient that you are at least over the age of eighteen (18) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations, and warranties.

You indicate your acceptance to these Terms without any modifications, including those terms available by hyperlink, when you click or tap a button acknowledging your acceptance, you execute a separate agreement that references them, or you visit the Site. Before you may become a user of the Site, you must read and accept all of the terms and conditions in these Terms. If you do not agree to any of the terms in the Terms, you may not use this Site.

2. Account and Passwords

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or features, or participate in select areas of the Site. When you register to use the Site, access the Site, or provide information to the Site in any other manner, you agree to provide only true, accurate, current, and complete information on all pages. Using a name other than your own legal name is prohibited. You agree that Radient may use the information you provide to the Site in accordance with its Privacy Policy.

If you use the Site, you agree to accept responsibility for all activities that occur under your account or password. You also agree you will not sell, transfer, or assign your rights as a user. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Site using your name or password in whole or in part. You agree to (a) immediately notify Radient of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Radient reserves the right to terminate account access or suspend access to the Site to any person who violates these Terms.If you use the Site, you agree to accept responsibility for all activities that occur under your account or password. You also agree you will not sell, transfer, or assign your rights as a user. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Site using your name or password in whole or in part. You agree to (a) immediately notify Radient of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Radient reserves the right to terminate account access or suspend access to the Site to any person who violates these Terms.

3. Term and Termination

These Terms will remain effective until terminated by you or by Radient. Radient reserves the right to deny access to the Site to any person who Radient reasonably believes may be using the Site for an unlawful or unauthorized purpose or in a manner that violates these Terms. Radient reserves the right to terminate these Terms and your access to the Site and the Services or any portion of them in its sole discretion, without notice and without limitation, for any reason whatsoever including, but not limited to, breach of these Terms or the termination or discontinuation of Radient's access to any third-party data source or provider of information. In the event of a termination by Radient, neither the third-party data source or information providers nor Radient shall have any liability to you.

These Terms shall be in full force and effect during such time as the Site or Services are available to you. Radient may disable your access to the Site or Services at any time. Provisions in these Terms relating to limits on liability, indemnification, use and protection of information and data, payment for Radient's services, disclaimers of warranties as well as all other provisions for which survival is equitable or appropriate, shall survive the termination of these Terms.

4. Fees and Payment

› Fee for Services

You agree to pay the then-prevailing fee for the Services as listed in Radient's published Pricing Schedule (here). Radient's fees may be updated from to time by any of the following methods: bulletins, emails, online announcements, notes in invoices, notices, and revised published price schedule. Radient is not responsible for ensuring the delivery of any updates to its fee schedule (including additions thereto or deletions therefrom) to you, and all present and future fee schedules are hereby incorporated by reference into these Terms. Except as noted in these Terms or as required by law, fees paid by you are non-refundable.

› Subscription Basis

If your Service is billed on a subscription basis (“Subscription”), you will be billed in advance on a recurring, periodic basis for each billing cycle (“Billing Cycle”). Usually each Billing Cycle will be monthly or annually, depending on your preference when you purchase your Subscription. Your Subscription will automatically renew for each Billing Cycle unless you cancel your Subscription by providing Radient with notice in writing at least thirty (30) days before the end of your Billing Cycle. If you terminate, your Subscription will continue until the end of the then current Billing Cycle.

› Payment of Fees

You agree to pay for all Services via credit card or another electronic payment system that is made available by Radient from time to time. By choosing to have a credit card billed directly by Radient, you hereby authorize Radient to bill this credit card for the charges incurred for use of the Services. Additionally, you hereby agree that if the credit card company refuses to pay Radient for such charges incurred for use of the Services, you shall be directly responsible for the payment of such charges, and payment shall be due immediately. If Radient chooses to directly bill you for fees incurred in connection with your use of the Services (as opposed to paying by credit card), you agree to pay all fees within twenty (20) days of receipt of an invoice from Radient. You acknowledge and agree that such fees may be electronically invoiced or sent via such other means as announced by Radient.

5. Copyright, Linking, and Trademarks

› Copyright

All of the information, content, services, and software displayed on, transmitted through, or used in connection with the Site, including for example articles, directories, guides, HTML, images, opinions, reviews, text, video, source and object code, software, data, and all other matters related to this Site, including without limitation, the arrangement of the aforementioned and the "look and feel" of this Site, are protected under applicable copyrights and other proprietary rights and are the intellectual property of Radient and its affiliated companies, licensors, and authors. Radient protects its rights to the Site to the fullest extent of the law. The copying, modification, rearrangement, redistribution, use or publication by you, directly or indirectly, of any such matters or any part of the Site, except for limited rights of use granted hereunder, is strictly prohibited. You agree that you do not acquire any ownership rights by using the Site.

It is Radient’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you think that your work has been subject to copyright infringement, please notify Radient’s copyright agent: info@radientanalytics.com

› Linking

The Site may contain links to other Internet websites or resources. Radient neither controls nor endorses such other websites, nor has Radient reviewed or approved any content that appears on such other websites. You acknowledge and agree that Radient shall neither be held responsible for the accuracy, appropriateness, or legality, of any content, information, products, or services located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

› Trademarks

Radient is a trademark and/or service mark of Radient or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

6. Your Conduct

You may use the Services, the service output, data, content, software, or any other information contained on the Site or in the Services (“Content”) solely for your personal use, and you may download or print a single copy of a limited portion of the Content on the Site for your personal use provided you do not remove any trademark, copyright, or other notice contained in such content.

No other use is permitted. You may not distribute any of the Content to others, whether or not for payment or other consideration. You agree not to copy, disseminate, distribute, reproduce, retransmit, publish, share, sell, commercially exploit, or create derivative works based on the Content contained in the Site or Services in any manner without the express prior written consent of Radient. You further agree not to create abstracts from, display, or publish any material from the Services for use on another website or service, or to post any content from the Services to weblogs, newsgroups, mail lists, social media, or electronic bulletin boards, without Radient’s prior written consent. You also agree not to use the Services or Site for any unlawful purpose.

Violation of the restrictions on use might cause financial harm to Radient for which you will be held liable.

You agree to comply with reasonable written requests by Radient to protect Radient's rights in the Content.

Requests to use the Content for any purpose other than as permitted in this paragraph should be directed to info@radientanalytics.com. Modification of the Content or use of the Content for any purpose other than your own personal use is a violation of Radient's copyright and other proprietary rights, and could subject you to legal liability.

In addition, in connection with your use of the Site, you agree not to:

• Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of defacing the Site, unauthorized access (e.g., “hacking"), or "denial of service attack";
• Use the Site for any unlawful purpose, including but not limited to the disclosure or inappropriate use of material, non-public information, or confidential or proprietary information absent authorization to disclose;
• Express or imply that any statements you make are endorsed by Radient, without Radient's prior written consent;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
• "Frame" or "mirror" any part of the Site without Radient's prior written authorization;
• Access or log on to the Site using any software, program, application, robot, spider, site search, retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
• Automate the process of obtaining, downloading, transferring, or transmitting any Content to or from Radient's computer systems or the Site; or
• Harvest or collect information about visitors to the Site without their express consent.

You also agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site and the content made available therein.

7. Ownership and Privacy

You acknowledge and agree that as between you and Radient, Radient owns all intellectual property rights in the Content except as specifically stated in these Terms.

During the term of your subscription, you are granted limited, non-exclusive access to select portions of the Content as detailed in your subscription solely for your personal use. No license or other rights under any such intellectual property rights are implied or granted under these Terms other than the licenses expressly set forth in these Terms and all other rights are expressly reserved hereunder.

You grant Radient the perpetual right and royalty-free license to allow its employees, subcontractors, and agents to use, copy, or modify any data they may collect through your use of the Services (i) to the extent reasonably required to provide the Services and (ii) to create derived data for Radient's benefit. We may collect personal, aggregate, and anonymous data from your use of the Site and Services. Any information that Radient collects through your use of the Site and Services shall be subject to the Privacy Policy and you should review those policies.

You agree that Radient in its sole discretion may use or incorporate into its Content any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or your administrators or other personnel relating to the Services or the Software. Any such suggestions shall not be deemed to constitute confidential information or to impose any confidentiality obligations on Radient. You hereby grant to Radient and its assigns a royalty-free, worldwide, perpetual, irrevocable, fully transferable and sub-licensable right and license to use, disclose, reproduce, modify, create derivative works from, distribute, display or otherwise distribute and exploit any such suggestions as Radient sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

8. Confidential Information

Radient may disclose non-public information to you in any form (“Confidential Information”). Radient’s Confidential Information includes, but is not limited to, any trade secrets, know-how, ideas, computer code, and internal documentation; the architecture and design of the Services and Site; the techniques or processes related to the Services; and any software it may provide you.

You agree to take commercially reasonable steps to protect Radient’s Confidential Information and to ensure that such Confidential Information is not disclosed, distributed, or used in violation of the provisions of these Terms. You agree not to disclose such Confidential Information to third parties without prior written consent of Radient and not to use such Confidential Information for any purpose except as expressly permitted hereunder. You may disclose Confidential Information only (a) with Radient’s prior written consent and (b) to those employees, officers, and directors with a “need to know” purpose who are informed of and bound by the obligations of these Terms. Notwithstanding the foregoing, you may disclose Confidential Information to the extent required by law. However, you will give Radient prompt notice to allow Radient a reasonable opportunity to obtain a protective order. Such Confidential Information disclosed to the extent required by law shall otherwise remain confidential and subject to the protections and obligations of these Terms.

Radient agrees that the foregoing obligations shall not apply with respect to any information that you can document (a) is publicly known through no fault of you, (b) is demonstrably known to you previously with no obligation to hold it in confidence, (c) is independently developed by you without use of or recourse to the Confidential Information, provided that such independent development is contemporaneously documented in writing; or (d) is rightfully obtained by you from a third-party without, to your knowledge, a direct or indirect obligation of confidentiality.

Upon expiration or termination of these Terms for any reason, you shall promptly return to Radient or destroy all copies of Radient's Confidential Information and copies, notes, or other derivative material relating to the Confidential Information.

9. Disclaimer of Advice, Disclaimer of Warranties, and Limited Liability

› Disclaimer of Advice

Radient is not providing investment, business, tax, or legal advice. It is not acting as a fiduciary or endorsing any company, property, product, service, security, instrument, or any other matter by posting any participant-submitted information on the Site. Radient shall not be responsible for any investment, business, tax, or legal recommendations or opinions of third parties cited by the Services or in Information contained therein. Radient does not purport to tell you, or suggest to you, what you should buy or sell for yourself or your company. Neither Radient nor anyone affiliated with Radient is responsible for any investment decision made by you on the basis of using the Site. You should always check with your licensed financial and tax advisor to determine the suitability of any investment. Please conduct your own due diligence.

Any opinions concerning securities, portfolio of securities, transactions, and investment strategy that may be on the Site are solely the opinions of their author, and none of the information contained therein constitutes a recommendation by them or Radient that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. Further, such information is impersonal and not tailored to the investment needs of any specific person. Finally, the passage of time can render all information stale, and neither Radient nor anyone affiliated with Radient is responsible for any misconceptions that may result from the reading of dated information.

The information posted on the Site: (i) is not, and should not be deemed, an offer to sell, or a solicitation of an offer to buy, any securities or any other instruments, property, or anything of value by anyone in any jurisdiction; and (ii) should not be used by others in connection with any sale, offer for sale, or solicitation of an offer to buy securities or any other instruments, property, or anything of value.

All Information provided through the Services, or otherwise made available on or through the Site, is gathered from sources that Radient believes are reliable; however, Radient does not warrant the accuracy, completeness, or timeliness of the Information. There may be delays, omissions, or inaccuracies in the Information. You agree that Radient shall have no liability, contingent or otherwise, for the accuracy, completeness, or timeliness of the Information, or for any decision made or action taken by you in reliance upon the Information.

Access to information and data may be provided on the Radient’s Site through an independent third party whose content is copyrighted. Radient and its vendors make no guarantees as to the availability, timeliness, or accuracy of such content, quotes, or charts. Your use of such quotes and charts is subject to these warranty disclaimers and the limitation of liability set forth below.

› Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE AND ON THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. RADIENT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH SERVICES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF YOUR COMPUTER AND OTHER EQUIPMENT. AS MARKETS CHANGE CONTINUOUSLY, PREVIOUSLY PUBLISHED INFORMATION AND DATA MAY NOT BE CURRENT AND SHOULD NOT BE RELIED UPON.

RADIENT MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THIS SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE, THE SERVICES AND/OR THE CONTENT CONTAINED HEREIN.

RADIENT EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SITE OR ANY OF THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND RADIENT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG THEY LAST, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THEY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK, THAT ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

› Limited Liability

IN NO EVENT SHALL RADIENT, ITS AFFILIATES, ITS THIRD-PARTY PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, TRADING LOSSES, AND OTHER COMMERCIAL DAMAGES) THAT RESULT FROM THE USE OF THE SITE OR ANY OF THE SERVICES OR FROM ANY INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SITE OR ANY OF THE SERVICES, EVEN IF RADIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN ADDITION, RADIENT SHALL HAVE NO LIABILITY FOR INVESTMENT OR OTHER DECISIONS BASED UPON ANY OF THIS INFORMATION AND/OR DECISIONS BASED UPON A CONTRARIAN VIEW OF ANY OF THIS INFORMATION. RADIENT SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION. RADIENT SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION, INCLUDING BUT NOT LIMITED TO MARKET VALUE OR OTHER LOSS ON THE SALE OR PURCHASE OF ANY COMPANY, PROPERTY, PRODUCT, SERVICE, SECURITY, INSTRUMENT, OR ANY OTHER MATTER.

THE SOLE AND ENTIRE MAXIMUM LIABILITY OF RADIENT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS AND SUPPLIERS, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AGGREGATE AMOUNT YOU HAVE PAID RADIENT FOR SERVICES IN THE PAST 12 MONTHS.

SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THEY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. User Content

Users are solely responsible for the content of any messages they post on bulletin boards, chat rooms, discussion boards, or other communications devices as may be provided by the Site or the Services from time to time, as well as for the consequences of any such messages. Radient accepts no responsibility whatsoever in connection with or arising from such messages. Radient has no control over nor does it endorse such messages. The messages are not reviewed by Radient prior to posting and do not necessarily reflect the policies and opinions of Radient. You acknowledge that Radient makes no warranties, express, or implied, as to the contents, accuracy, or reliability of the messages or any other posted information. You agree not to use the Site or the Services for chain letters, junk mail, "spamming," or commercial solicitations, and not to send any message or material that is unlawful or gives rise to civil liability. All such communications through the Services are public and not private communications. Radient reserves the right to edit, restrict, and or remove in whole or part such communications for any reason or no reason without any liability whatsoever to the User.

11. Disclosure

Radient has business relationships with other companies including, but not limited to technology vendors, third-party data providers, and banks. There may be instances in which Radient publishes an article or an individual posts a comment on the Site which recommends a company with which Radient has a business relationship. These occurrences are unintentional and coincidental.

If Radient publishes articles submitted by research firms or third-party authors, Radient disclaims all responsibility and shall have no liability for any failures of disclosure by authors regarding their company relationships.

12. Privacy Policy

Radient cares about the privacy of its users. If you provide any personally-identifiable information ("Personal Data") in the course of your use of the Site or Services, you agree that all such Personal Data will be subject to Radient’s Privacy Policy that is expressly made a part of these Terms. Your Personal Data may be stored and processed in the United States or in any other country where Radient has facilities. By using this Site or the Services, you consent to the transfer of your Personal Data outside of your country. If you are a resident of the European Union, you consent to such information being onward transferred, processed, and used by Radient in accordance with the Radient Privacy Policy. If you have not already read Radient's Privacy Policy, you should do so now.

13. Indemnity

AS A CONDITION OF USE OF THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS RADIENT, THEIR PARENT, AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, AUTHORS, LICENSORS, OFFICERS, DIRECTORS, ADVISORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, BREACH OF PRIVACY RIGHTS, OR INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE SITE; (B) RADIENT'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR USER ACCOUNT, EVEN IF NOT POSTED BY YOU; (D) ANY VIOLATION OF THE TERMS BY YOU; AND (E) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

Radient will defend any third-party claim or action brought against you to the extent based on the allegation that the Service infringes any intellectual property right (patents, utility models, design rights, copyrights, trademarks, or any other intellectual property right) having effect in the United States, and Radient will pay any settlements that Radient agrees to in a writing signed by an authorized officer of Radient or final judgments awarded to the third-party claimant by a court of competent jurisdiction. The foregoing obligations do not apply with respect to the Service, the software, or portions or components of either (a) not provided by Radient, (b) combined with other products, processes, or materials that are not reasonably contemplated by the documentation where the alleged infringement relates to such combination or (c) where your use of the Service is not strictly in accordance with these Terms or the published documentation.

THIS SECTION 13 STATES RADIENT’S ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

14. Survival

The provisions of Sections: 3,-5, 7-10, and 12-15 shall survive the termination of these Terms.

15. General

These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site; provided, however, that in the event of a conflict between such other terms and these Terms, these Terms shall control. Notwithstanding the foregoing, if you are an authorized subscription employee under a valid written corporate license Terms between Radient and your employer, the terms of use in that Group License User Terms may provide for different or additional rights and obligations which shall govern in the case of a conflict between those terms and this online TOU.

The Terms have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce the Terms shall be brought in the federal or state courts located in New York State. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of Radient to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.

Last Updated: May 8th, 2023

Radient LLC ("Radient", "we", "our") is committed to protecting and respecting your privacy. This Privacy Policy describes how we collect, use, and protect your Personal Information and other data that Radient gathers when you are accessing our website (the “Site”). The Site may contain links to third-party sites, which are not subject to this Privacy Policy. We recommend that you read the privacy policy of any such sites that you visit. By using our Site or registering to use the Site, you are consenting to the personal information collection, use, andxz sharing practices described in this Privacy Policy.

What Information Do We Collect?

Personal Information means any information that may be used to identify an individual which because of name, personal profile, contact information, number, symbol, mark, email address, home or other physical address, or other identifier, can be used to identify that individual.

When you visit our Site, you may provide us with personal information you knowingly choose to disclose that is collected on an individual basis and information that is aggregated or anonymized as you and others use our Site.

We collect IP addresses for Site security and to help us understand how people use the Site so that we can improve the Site and our users' respective experiences. For similar quality reasons, we use a feature known as a "cookie." Cookies contain bits of information that websites transfer to your computer's hard drive for record-keeping purposes. Cookies can make the Web more convenient by storing information about your preferences on a site. Although we may assign your browser a cookie, the cookie does not tell us who you are. Only you can tell us that.

Besides cookies, we may also use tiny electronic images (called "single-pixel GIFs" or "Web beacons"), which allow us to count users who have visited specific pages or access certain cookies. We may use single-pixel GIFs in the following ways:

• To count and recognize users
• To conduct research and for auditing purposes.
• To determine aggregate information about users, including demographic and usage information.

Third parties may also use single-pixel GIFs as part of their publications available on our Site. In general, any electronic image viewed as part of a Web page can act as a Web beacon.

We also use server logs and Web traffic analytic services to collect information about how our Site is used. The information collected may include the time, date, and page views. We collect specific data about your use of our publications, including the pages accessed by your username and when you accessed them. This information is used to confirm compliance both with your specific subscription plan and with our third party data providers. The usage information also allows us to ensure that the information we are providing is what our users want.

We record user submitted information in the in-line email system in order to handle with any issues in the data submitted by you. We have a record of your responses in a database. That information may include: first and last name, phone number, email address, and any comment you have entered into the form.

If you become a registered User, we need to collect registration and billing information. To register for an account, we collect information such as your username, password, and email address. If you provide us with a billing address, we may infer that it may be your residence. If you register using a third party account such as LinkedIn, Facebook, or Google, then we will collect data and information from such parties if you give permission to those third parties to share your information with us.

We or a third-party billing service may collect billing information for you such as your name, address, email address, and the financial information needed to process your method of payment (e.g., credit card, wire, or check).

If you send us email, we may retain the content of your messages together with your email address and our responses. These will be subject to our normal email retention policies for such communications.

We collect data from the applications and devices that you are using to access our site. This may include your IP address and browser which may also allow us to infer your geographic location. If you use a third party source that refers you to our site through an email or a link on another website, we may record information about the third party source that referred you.

How Do We Protect Children?

We operate our sites in compliance with the Children's Online Privacy Protection Act and it is our policy not to knowingly collect or use personally identifiable information from anyone under 13. However, you should be aware that we assume that any communications submitted through email or an online transaction are from an adult.

How Do We Use Your Information?

We use the Personal Information that you provide to us in different ways. You agree that we may use your Personal Information to:

• provide the services and customer support you request;
• process, confirm, and provide you access to the subscriptions that you have registered for;
• facilitate account creation and the logon process;
• resolve disputes, collect fees, contact you about your service or account, and troubleshoot problems;
• prevent potentially prohibited or illegal activities, and enforce our Site policies;
• notify you of important changes to our Site;
• customize, measure, and improve our services, content, and third-party publications;
• tell you about targeted marketing, service updates, and promotional offers based on your specific preferences (if you would prefer not to receive such communications you can use our Opt-Out email address: info@radientanalytics.com along with “Unsubscribe” in the subject line;
• comply with applicable laws including, but not limited to, responding to legal requests;
• compare your information for accuracy, and verify it with third parties;
• create new services, features, and content; and
• create analytics from aggregated or anonymized use of the Site.

Occasionally, we may conduct user surveys to learn how we can better serve you. These surveys are optional and if you choose to respond, your responses will be kept anonymous. The demographic information we collect in the registration process and through surveys is used to help us improve our services.

To Whom May We Disclose Your Information?

We disclose your Personal Information to third parties for many reasons. Most commonly, we share your Personal Information to third parties so that they can provide services to you. We have in place reasonable contractual protections to ensure the confidentiality of your Personal Information to such entities. For example, we may disclose your Personal Information to our billing service providers so they may contact you when your subscription is due for renewal or in case you need to communicate with them regarding any issues with your account. By using the service, you are consenting to the disclosure of your Personal Information to such service providers.

We also provide your Personal Information when we have your consent for a specific reason such as processing a credit card payment with a credit card service company for your subscription registration. We may choose to make certain offers or services available to our users from third parties. If we do, during the registration process and at certain points thereafter in connection with specific offers we may ask you whether your Personal Information may be sent to third parties who have products, services and opportunities which may be useful to you. If you give your permission to allow third parties to contact you, your Personal Information (such as your contact information and other information collected during your visit to our Site) may be shared with data aggregators, marketers (possibly in the form of list rental), and other organizations. If you agree to allow a third-party to contact you for marketing purposes through our Site, you may later revoke such permission; however, if you want the third party to stop sending you marketing communications, you will need to contact the third party directly.

We may share aggregated or anonymized Personal Information with third parties to (i) improve our services, (ii) promote our services, or (iii) offer new services, analytical tools, or data. We may also share broad aggregate demographic data and related usage information with our business partners. This aggregate information does not contain any Personal Information that can identify an individual user.

Although advertisers may display advertisements of our services on other websites and we may request that they deliver those advertisements based on the presence of a cookie, we will not share any other information with the advertiser.

If your employer has subscribed on your behalf, your employer may provide us with limited Personal Information to enable your access. Your employer may also require us to provide information about your use of the services, for example how often you use the subscription that they have purchased for you. Under such circumstances, we may provide your employer with such personally identifiable information. We may also contact your employer if we have any issues with your compliance with the Terms of Use.

Radient may share your information if all or substantially all of our assets are acquired by or merged with another company, our company is reorganized, or our business changes. Under such circumstances, you expressly consent to Radient transferring your Personal Information to the new owner or successor entity so that it may continue to provide you with services. Where applicable, Radient will notify the appropriate agencies of such a transfer to comply with applicable data protection and privacy laws.

Radient does not intend to transfer Personal Information without your consent to third parties who are not bound to act on Radient's behalf unless such transfer is legally required We may disclose your Personal Information if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to (i) comply with any applicable law, regulation, legal process or governmental request, (ii) enforce our Terms of Use including investigations of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, or (iv) protect against harm to the rights, property or safety of Radient, its users, yourself or the public.

How Secure Is The Information We Collect?

Radient is committed to preventing the loss, misuse, and alteration of the personal information in our possession. However, as you know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse Personal Information that they collect from the Site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your Personal Information or private communications will always remain private.

If you are paying with a credit card, payment transactions are conducted in a Secure Socket Layer (SSL) session, which encrypts all transaction data for transmittal in a format that helps reduce the chance of theft of the information. The website securely transmits your payment information to Stripe (stripe.com) which manages and provides approval for the transaction. While on a secure page, most modern browsers will let you know that you are in a secured session. Our servers are located in a secure, supervised environment.

Personalized areas of the Site are password-protected. Only you have access to these password-protected areas. Do not share your passwords with anyone. Radient will never ask you for your password in an unsolicited phone call or email. If you are using a computer that others have access to, always remember to log out, clear the cache, and close your browser window when leaving the Site.

How Do We Use Cookies?

› IP Addresses

Your Web browser or email application automatically provides your Internet Protocol address ("IP address") to other computers with which you communicate over the Internet, so that they know where to send you information.

We receive an IP address each time you view one of our Web pages, because the browser automatically reports it to us. If you are a Registered User, we also may store the IP address when you register with Radient or utilize the Site to advertise your products.

We may use IP addresses for various purposes, including:

• Diagnosing service or technology problems.
• Assessing and maintaining system security.
• Displaying the most appropriate advertising or content.
• Studying how people use the Site and how we can improve it.
• Reporting to advertisers about aggregate, but not individual, information derived from IP addresses.

› Cookies

Cookies may be used on the Site in the following ways:

• If you are a user, we may use cookies to access your stored account information automatically when you log on to the Site, in order to deliver a better and more personalized service. For instance, we may use cookies to allow you to access your account information automatically, as well as make changes to your Personal Information. Also, our search engines may use cookies to expedite your search for content or products.
• We may use cookies to improve our services by making them more relevant to our users. The unique cookie that is given to each browser accessing Radient is used to determine your usage patterns and help us target content and ads based upon user interests.
• We may use cookies to authenticate user identity and confirming where and whether you are currently logged in thereby making our Site more secure.
• Some of our advertisers use third-party networks to serve their advertisements on the Site. Often, these third-party advertising companies use cookies, Web beacons, and similar technologies to measure advertisement effectiveness. We do not control, nor do we have access to, their cookies or the information they obtain. Use of their tracking technology is subject to their own privacy policies. If you would like more information about the privacy policies of third-party advertising networks, including information on how to opt out of their tracking methods, check out http://www.networkadvertising.org/optout_nonppii.asp.

Most browsers are set up to accept cookies, but you can configure yours to refuse cookies or notify you when you've received one. Browsers differ, so check your "Help" menu to learn how to change your cookie preferences. If you reject cookies on the Site, though, you may not be able to access some areas of the Site or use some of its features.

How We Respond To "Do Not Track" Signals?

We do not respond to DNT signals.

How Can You Protect Your Account?

While we do our best to protect Personal Information, Radient cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. You are responsible for maintaining the secrecy of any password and/or account information. If your password has been compromised for any reason, you should immediately notify us and change your password. Please be careful and responsible whenever you are online, especially when using a computer that other people can use also.

Third Parties

Our third party service providers may link from the Site to areas on their own sites where they sell their own publications and services. If you follow links from our Site to others, you should be aware that you are doing business with those other sites, which have their own privacy and data collection practices. Radient has no responsibility or liability for these independent policies (and we may not even know what they are). For more information regarding a site and its privacy policies, check that site.

Blogs And Other Areas For Community Comments

Radient may offer you access to blog or other areas where you can comment with other users in a controlled environment within your entity. You acknowledge that any information you submit may be read, used, and collected by other users who access such areas. Radient does not make any representations or warranties as to the accuracy of such information. We are not responsible for any Personal Information you share in such areas of our Site.

Retention, Transfer, And Storage Of Your Personal Information To The U.S. And Other Countries

Your Personal Information may be stored in or transferred to any country where Radient or its partners or affiliates has offices, employees, or sub-contractors. By subscribing to our Site, you consent to the storage or transfer of your Personal Information outside your country of residence.

Personal Information that you submit or that we collect through our Site is retained in accordance with Radient’s records retention and disposition policies. If you would like more information regarding this, you may contact the privacy policy contact listed in this policy.

General

We may amend this policy from time to time. If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If you continue to use the subscription after the changes, you are deemed to have consented to such changes.

If we determine that the changes are material to this policy, we will notify you here, by e-mail, or by means of a notice on our homepage and if they require your express consent, we will provide you a reasonable period of notice to consent to such changes before they are effective. If you continue to use your subscription after any notice period of material changes, you will be deemed to have expressly consented to the privacy policy changes.

If you have any questions that are not answered online, you may write to us at:

Radient LLC

369 Lexington Avenue #3136, 3rd Floor

New York, NY 10017

or email us: support@radientanalytics.com