Policies and disclosures.

1. Introduction

This Privacy Policy (the "Privacy Policy") describes how Agentdesks Incorporated d/b/a Radius, ARGilchrist Properties, Dogwood Properties, HomeCertain Real Estate, Keystone Properties, Lankri Properties and Radius Agent ("Agentdesks") and its subsidiary, Radius Agent LLC ("Radius Agent"), collect and use Personal Information obtained through their websites, mobile applications, email, text, and other electronic communications. Agentdesks and Radius Agent are affiliated with each other through common ownership by Agentdesks. Agentdesks and Radius Agent are referred to collectively in this Privacy Policy as the "Company," or "we," "our," or "us."

The Company is a technology-enabled real estate and loan brokerage platform headquartered at 1160 Battery St. East, Suite 100, San Francisco, California, 94111. We offer a modern real estate ecosystem, providing complete business ownership to real estate entrepreneurs. In doing so, we mix a dynamic blend of technology, community, white-glove services, and lending solutions to support the business goals of our customers (our “Service Offerings”).

This Privacy Policy describes the types of information we may collect from users of our Services, including without limitation the individual consumers, business representatives, real estate agents, and website visitors who visit or use our website located at www.radiusagent.com (“Website”) or any of our related mobile applications (our “Apps”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. For purposes of this Privacy Policy, our Website, Apps and all related services and functionality that we provide or make available through them are referred to as our “Online Services,” and together with our Service Offerings, are collectively referred to as our “Services.”

This Privacy Policy also applies to information concerning individuals that engage our independent contractor real estate agents to receive Services (“Customers”), including Customer information we receive as part of the Services from our independent contractor Company real estate agents and real estate brokers (“Agents”). Please note, our Agents process certain Personal Information on our behalf when you contract with the Company to receive the Services, but Agents may have their own data collection practices related to their independent business operations. This Privacy Policy is not applicable to any web page, mobile application, social media site, or information collected and/or owned by any entity other than the Company. This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Services. Any questions regarding the privacy practices of a third party, including but not limited to any third-party website that links to the Services, should be directed to that third-party.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Services. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy, referenced below). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2. Age Requirement

Our Services are not intended for children under 18 years of age. No one under age 18 may provide any information to or through the Online Services. We do not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on or in our Online Services or on or through any of their features, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 18, please email us at support@radiusagent.com. By using the Services, you affirm that you are at least of the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Policy, and to abide by and comply with this Privacy Policy.

3. Information We Collect

The information we collect, use, process, and share about you depends on who you are and how we interact with you. Generally, Personal Information (as defined below) is data that identifies you or that makes you identifiable. It includes information that could be used to identify, locate, track or contact you, as specified below. We may link or combine your activities and information collected from you on our Website and Apps with information we have collected from you offline, information we receive from third parties, as well as information we collect automatically through Tracking Technologies (as defined below). We may also utilize session-replay technologies, which are software code to log your interactions with the Services in a manner that allows us to reproduce your click mouse movements, scrolls, and keystrokes/key touches during sessions. This information allows us to provide you with a personalized experience regardless of how you interact with us and helps us diagnose any usability problems to improve our Services.

4. Types of Information Collected

The Company and any third-party service providers not affiliated with the Company that it engages for the purpose of administering, operating, hosting, configuring, designing, maintaining, and providing internal support for the Services (collectively, “Unaffiliated Third Parties”), may collect two types of information when you use the Services: Personal Information and Usage Information. Personal Information may include some Usage Information.

a.Personal Information: Generally, you can access the Website without entering any Personal Information. In certain cases, we may ask you for Personal Information on our Website to provide a requested service, carry out a transaction that you have requested, or if you choose to set up a User Account (defined below). When we provide you Real Estate Services, we are required to collect certain Personal Information. The types of information we collect may include, among other things, the following categories of information (collectively, “Personal Information”):

i.If you are, or have expressed an interest in becoming, an Agent:

1.Contact information such as your name, title, company/agency name, email address, username and password, telephone and facsimile numbers, real estate license number, and postal address.

2.Demographic information such as date of birth, nationality and country of residence.

3.Your company name, title, and other information about your company and job function.

4.The contents of any communication you send us.

5.Information about your device or use of the Services when you request technical support or access Company internal systems and networks.

6.Information necessary to issue you commission payments and tax forms, as applicable, including but not limited to your Social Security Number and financial account numbers.

7.Other information specific to you which you voluntarily provide to us such as Rooms registration information.

8.Real estate production history, including without limitation, production volume.

9.Financial information and account numbers, including without limitation, bank name, bank account number, bank routing number and other information necessary to disburse commission payments (collectively, “Financial Information”).

ii.If you are a Customer and/or visitor to the Online Services or otherwise use the Services we provide:

1.Contact information such as your name, title, company/agency name, email address, username and password, telephone and facsimile numbers, and postal address.

2.Demographic information such as date of birth, nationality and country of residence.

3.Information concerning the real property for which you are seeking financing.

4.The specific products or services ordered or requested by you, including the real estate Services, and information related to your purchases or transactions, including but not limited to your payment account information and feedback about the products or services you purchased.

5.The contents of any communication you send us.

6.Information about your device or use of the Services when you request technical support.

7.Additional information necessary to underwrite real property financing or issue you tax forms, as applicable, including but not limited to information concerning your profession and/or income, your financial assets and liabilities and your Social Security Number.

8.Other information specific to you which you voluntarily provide to us, including without limitation Financial Information.

iii.If you are an employee, third-party consultant (“Consultant”), job applicant, or former employee:

1.Contact information such as your name, title, company/agency name, email address, username and password, telephone and facsimile numbers, professional licensing information, and postal address.

2.Demographic information such as date of birth, nationality and country of residence.

3.Information about your role with the company and performance, and Personally Identifiable Information obtained from our computer monitoring software, including communications received and sent, and information entered into websites, software, documents, and applications.

4.The contents of any communication you send us.

5.Information about your device or use of the Services when you request technical support and perform your duties as an employee or Consultant.

6.Information necessary to employ or contract with you, including but not limited to your Social Security Number and financial account numbers.

7.Other information specific to you which you voluntarily provide to us.

b.Usage Information: The types of usage information we collect may contain information about your visit to the Online Services, such as the following categories of information (collectively, “Usage Information”):

i.Internet Protocol (or “IP”) address, protocol, and sequence information;

ii.browser language and type;

iii.domain name system requests;

iv.material and pages viewed;

v.time and date of access to the Online Services;

vi.number of bytes transferred;

vii.number of clicks per visit;

viii.operating system and platform, device type, and device identifiers;

ix.hypertext transfer protocol headers, application client and server banners, and operating system fingerprinting data; and

x.MAC address, device ID / UDID, or similar device-specific code.

c.Location Information. Information about your location collected through geolocation technology. The information we collect automatically may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Online Services and to deliver a better and more personalized service by enabling us to: estimate our audience size and usage patterns; improve our product and services offerings; store information about your preferences, allowing us to customize our Online Services according to your individual interests; recognize you when you return to our Online Services.

5. How We Collect Information About You

How we collect information from you depends on how you interact with us and the Services. Please note that you can interact with the Company in more than one way. In that case, how we collect information from you may be addressed in multiple ways as follows:

a.If you are, or have expressed an interest in becoming, an Agent. If you wish to be affiliated with the Company as an Agent, we must collect some Personal Information from you to process your application. We may create a file about you combining the Personal Information we collect about you with non-personal information, such as your real estate sales history. We collect the following Personal Information about you in our application process:

i.when you apply to be an Agent at the Company, we collect information including, but not limited to, your name, address, phone number, email address, real estate license number, real estate license record, work history, educational background and academic degrees or certificates earned, and any other information on your resume or application;

ii.when you become an Agent at the Company, in addition to the above Personal Information we also collect your date of birth, social security number or other government-issued identification number, emergency contact information, and information necessary for the payment of Received Commission (as such term is defined in your Independent Contractor Agreement (“ICA”)), incorporated into this Privacy Policy by reference, as well as information about your affiliation with the Company, such as your start date and title;

iii.in connection with disbursement of any Received Commission, the we may also collect Financial Information and other information that you provide to Unaffiliated Third Parties on our behalf.

iv.as part of your continued affiliation with the Company, we collect information about your performance reviews, evaluations, complaints, and related to your affiliation, such as your communications with Company personnel;

v.we may receive Personal Information from you from third parties, such as your state real estate authority;

vi.any time you voluntarily provide Personal Information to us;

vii.in the course of using our Services, we may ask you to provide business information related to the company where you work. Business information may include information about your company’s practices, policies, processes, and supporting documentation. This business information is stored on Company systems, and we use it to provide the solutions you have contracted us to provide and in accordance with the terms and conditions set forth in agreements between us and your company;

viii.usage Information collected when you complete your application online or visit the Website and/or Apps; and

ix.when you choose to use the artificial intelligence features (“AI Features”) of the Services, we may collect recorded call information, summaries of conversations with your clients and/or calendar and other information that you provide while using the AI Features.

b.If you are a Customer and/or visitor to the Online Services or otherwise use the Services we provide. When you use the Services, we collect the following Personal Information about you:

i.Some Online Services may allow you to set up accounts to participate in our Services and online communities (your “User Account”). When you setup a User Account, we collect your name, email address, phone number, and any information you voluntarily enter for a particular property, such as to enter notes for a particular property;

ii.when you use our Services, we may collect your name, address, email address, phone number, and the specific services you have requested;

iii.when you complete a form on the Website(s) and or App(s), ask to sign up for our mailings or updates, or send us a communication, we may collect your name, email address, phone number, Financial Information and the specific contents of your communication to us. For example, if you send us a question about a particular property or product, we may retain a copy of your request;

iv.if you interact with us on social media, we may collect your social media account username and the contents of your interaction with us;

v.from our Agents, partners or service providers, we may receive your name, email address, phone number, information you enter to search for properties or agents, your User Account information, and any other information you voluntarily provide to our partners or service providers;

vi.when you visit the Online Services, we also collect Usage Information from your device; and

vii.when you choose to use the AI Features of the Services, we may collect recorded call information, summaries of conversations with you and other third parties and/or calendar and other Personal Information that you provide while using the AI Features.

c.If you are an employee, third-party consultant (“Consultant”), job applicant, or former employee. If you are employed by or contract with the Company as a Consultant, or if you have applied for employment or are a former employee or Consultant of the Company, we collect the following Personal Information about you:

i.when you submit an application or a resume, we collect your name, mailing, address, phone number, email address, employment history, education experience, academic agrees earned, if any, professional certifications and licenses, and any other Personal Information you include on the application or resume;

ii.prior to making an offer of employment or a Consultant position, we collect Personal Information about you received from third parties such as background and credit report service providers and persons you list as references;

iii.if we extend an offer of employment or a Consultant position at the Company to you, we will process Personal Information about the position to which you have been appointed, your job title at the Company, your signature, state of residence, social security number or other government issued identification number, and any other information required for your applicable tax form;

iv.as an ongoing employee or Consultant of the Company, we may collect Personal Information about your nationality, state of residence, email address, office or other workplace location, work phone number, mobile phone number, photographs, passport, visas, marital status, beneficiaries, financial account information, information about your employment or contract with the Company, information received from devices you use to connect to the Company systems, our employee computer monitoring software, information collected as part of multi-factor authentication, and other information you provide in connection with your status as an employee or Consultant of the Company; and

v.usage information collected when you connect to the Company systems and/or the Company Website(s) and/or App(s), whether or not you are using a Company owned device; and

vi.when you interact with any AI features adopted by the Company or other third parties on the Company’s behalf, we may collect application, background, employment history and other Personal Information that you provide while using the AI features.

6. Information We Collect Automatically

As you navigate through and interact with our Online Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns. For example, we collect, record and store information about your activity when you access and use our Online Services, the Internet, and other online activity information, such as browsing history, search history, and information regarding your interaction with our Online Services and other websites. We use various technologies to collect and store location information, including cookies, pixels or pixel tags, local storage, such as browser web storage or application data caches, databases, session recording and replay technology, and server logs.

The technologies we use for this automatic data collection may include:

a.Cookies (or browser cookies). We and our service providers may use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Online Services through your computer or mobile device. A cookie is a small file or piece of data sent from a website and stored on the hard drive of your computer or mobile device. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser. However, if you select this setting you may be unable to access or use certain parts of our Online Services. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or use our Apps.

b.Pixels and Web Beacons. Pages on our Online Services, or our e-mails, may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related Online Services statistics (for example, recording the popularity of certain Online Services content and verifying system and server integrity).

c.Google Analytics. We may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of our Website. Google Analytics uses “cookies”, which are text files placed on your computer, to help our Website analyze how users use the site. You can find out more about how Google uses data when you visit our Website by visiting “How Google uses data when you use our partners' sites or apps,” (located at www.google.com/policies/privacy/partners/). We may also use Google Analytics Advertising Features or other advertising networks to provide you with interest based advertising based on your online activity. For more information regarding Google Analytics please visit Google's website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.

d.Intercom. We may use Intercom, a web analytics service provided by Intercom, Inc. (“Intercom”) to collect certain information relating to your use of our Website. Intercom uses “cookies”, which are text files placed on your computer, to help our Website analyze how users use the site. You can find out more about how Intercom uses data when you visit our Website by visiting https://www.intercom.com/legal/privacy. We may also use Intercom to provide advertising features or other advertising networks to provide you with interest-based advertising based on your online activity.

e.Other Analytics Technologies. In addition to the above technologies, the Company may use additional analytics tools from time to time, which may collect additional Personal Information or information concerning your use of the Services.

7. How We Use Collected Information

We use your Personal Information for the purposes for which it was collected, unless otherwise required by law. In general, we use information that we collect about you or that you provide to us, including any Personal Information: to provide our Website(s) and their functionality, contents and services; to provide our App(s) and their functionality, contents and services; to provide our Services to you; to provide you with information, products, or services that you request from us or that may be of interest to you; to process, fulfill, support, and administer transactions and orders for products and Services ordered by you; to personalize your experience with our Services and to deliver content and product and service offerings relevant to your interests; to market our financial products and services, such as mortgage and other loan offerings; to determine your eligibility for our financial products and services, such as mortgage and other loan products; to provide personalized and interest-based advertising; to provide you with notices about your Company account; to contact you in response to a request; to fulfill any other purpose for which you provide it; to notify you about changes to our Online Services or any products or services we offer or provide though them; in any other way we may describe when you provide the information; and for any other purpose with your consent. More specifically:

a.If you are, or have expressed an interest in becoming, an Agent. We use the Personal Information we collect about you in order to continue your affiliation with the Company. Specifically, we use Personal Information to:

i.consider you for continued affiliation with the Company;

ii.associate your real estate license with the Company;

iii.provide commission, revenue share, or other payments to you;

iv.forward potential leads to you;

v.manage our business;

vi.communicate with you about Company-related business or services;

vii.display advertisements and send you promotional and other information about existing and new services, products, and special offers of the Company and Unaffiliated Third Parties;

viii.review and report your real estate sales performance, including publishing agent performance rankings;

ix.offer training and other resources to you;

x.respond to your requests or complaints;

xi.comply with our obligations as your brokerage;

xii.Detect security incidents;

xiii.prevent fraud; and

xiv.comply with applicable law.

b.If you are a Customer and/or visitor to the Online Services or otherwise use the Services we provide. We use the Personal Information we collect about you in order to make the Services available to you. Specifically, we use Personal Information to:

i.set up and manage your User Account, including processing your requests for information, provide support, products, or services to you, review internal procedures, analyze your use of the Services, and/or customize the Services to your particular preference or interests;

ii.deliver services or carry out transactions you have requested or in which you may be interested, such as to set up a showing for a particular property or provide property listings that meet your search criteria;

iii.display advertisements and send you promotional and other information about existing and new services, products, and special offers of the Company and Unaffiliated Third Parties using Personal Information you provide to us and/or Unaffiliated Third Parties;

iv.information collected by our Online Services may be combined with information we collect about you by other means;

v.enhance the safety and security of the Services, prevent fraud, monitor for intrusions or unauthorized access, and protect the rights of visitors to the users of the Services; and

vi.comply with legal and regulatory obligations or for the performance of our contract with you, if applicable.

c.If you are an employee, third-party consultant (“Consultant”), job applicant, or former employee. We use the Personal Information you provide to us to:

i.process your job application;

ii.consider you for employment;

iii.extend an offer of employment or Consultant position;

iv.provide employment-related benefits to you, if applicable;

v.consider you for continued employment;

vi.evaluate your performance;

vii.manage our business;

viii..process the discontinuation of your relationship with the Company;

ix.detect fraud and security incidents;

x.fulfill our employment or contracting obligations to you; and

xi.comply with applicable law.

8. Disclosure of Your Personal Information

The Company may engage Unaffiliated Third Parties to perform certain business-related functions and services on their behalf. These Unaffiliated Third Parties are provided with information required to perform their specific function, which may include Personal Information. We impose contractual obligations on our Unaffiliated Third Parties to limit their use of your Personal Information to those purposes specified below. In certain cases, we may obtain additional consent from you to disclose your Personal Information as described below.

a.If you are, or have expressed an interest in becoming, an Agent. The Company contract with other entities or individuals to assist us with fulfilling our obligations to our Agents, and more generally, furthering the interests of our enterprises. We share your Personal Information with those entities and individuals in order to enable use of their services or to meet our responsibilities to you. We disclose your Personal Information to:

i.Unaffiliated Third Parties that provide services on our behalf, including but not limited to our payment processors, email distributors, insurance providers, data security providers, system hosting and software providers, service providers, and sponsors, and training facilitators;

ii.other Agents if you are enrolled in bootcamp, mentorship, or other programs where Agents offer assistance to one another;

iii.potential sellers and purchasers of real property who are looking for an Agent;

iv.professional associations or organizations in which we hold membership, such as an MLS or Association of REALTORS®;

v.our web analytics providers, cookies, and web beacons may have access to your Personal Information in order to analyze certain features of the Services and display advertisements, but this is usually limited to Usage Information.

vi.Unaffiliated Third Parties, for purposes of providing services on our behalf and marketing their products and services to you, including services available to you based on your unique status as an Agent or former Agent; and

vii.governmental agencies, including but not limited to the state real estate commissions in your jurisdiction.

b.If you are a Customer and/or visitor to the Online Services or otherwise use the Services we provide. We may share Personal Information we collect during your use of the Services to:

i.enable our software and service providers to provide information you requested, such as when you conduct a property search, use a mortgage calculator, or use other third-party features made available through the Services, or to confirm your identity when logging into your User Account.

ii.connect you with a local Agent or participating lender, if you have shown an interest in any residential or commercial real properties, requested information about a specific real property, or requested that we disclose your information to receive information about lending services;

iii.our hosting providers may have access to any Personal Information you enter into the Services, such as your name, email address, phone number, and User Account information;

iv.Unaffiliated Third Parties, for purposes of providing services on our behalf and marketing their products and services to you;

v.we may disclose your name, address, and email address to our email or mailing service provider in order to deliver newsletters, flyers, or marketing to you. We require that these parties agree to process your Personal Information in compliance with our Privacy Policy and applicable law. These parties may store some or all of your Personal Information on servers outside of the United States. The use of your information by Unaffiliated Third Parties may be subject to that party’s own privacy policy;

vi.we may disclose your Personal Information when we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users of the Services, or anyone else that could be harmed by such activities;

vii.we may also disclose your Personal Information for the specific purposes you request, as directed by you;

viii.we may disclose your Personal Information to our providers, event coordinators, and sponsors in connection with an event for which you registered; and

ix.our web analytics providers, cookies, and web beacons may have access to your Personal Information in order to analyze certain features of the Services and display advertisements, but this is usually limited to Usage Information.

c.If you are an employee, third-party consultant (“Consultant”), job applicant, or former employee. We disclose your Personal Information only when necessary to fulfill our employment or contracting obligations to you as a Consultant, such as:

i.our service providers that assist with fulfilling payroll or providing other employment benefits, processing payments, managing our insurance, and providing customer service;

ii.companies or individuals that will provide information for our consideration of your application for employment with the Company, such as background check service provider or persons you list as references;

iii.governmental authorities that manage employment or collect/process taxes;

iv.companies or individuals to whom you will provide services as part of your job or Consultant duties with the Company; and

v.We may disclose your Personal Information to our service providers, event coordinators, and sponsors in connection with an event for which you registered.

d.Other Disclosures. We may disclose your Personal Information to our database management provider in order to store your Personal Information for purposes set forth in this Privacy Policy. In certain situations, we may be required to disclose your Personal Information without your consent to:

i.protect our rights;

ii.prevent or detect fraud or breaches of security;

iii.satisfy local, state, or federal laws;

iv.legal and governmental authorities and other third parties when compelled to do so by law, for example, by court order or subpoena, or by regulation; and

v.complete a merger or acquisition concerning the Company, or a sale of our assets.

9. Choices You Have with Your Personal Information

You may be able to choose how we use or store your Personal Information, depending on your interactions with us.

a.If you are, or have expressed an interest in becoming, an Agent.

i.We must obtain some Personal Information from you in order to partner or affiliate with you. You can opt out of many uses or disclosures of your Personal Information, but we are obligated to process and store certain information under applicable law. If we do not have a legitimate need to retain or disclose your Personal Information and are no longer required by law to retain it, we will delete it at your request or in accordance with our data retention standards.

ii.You may opt-out of targeted advertising by adjusting your cookie preferences on our Online Services, visiting the opt-out request pages of industry groups providing broad opt-out options like the Network Advertising Initiative, Digital Advertising Alliance, or by visiting the specific ad networks like Google, LinkedIn, Twitter, and Meta. Please note that opting out with industry groups or advertising networks will only apply to the specific browser or device from which you opt-out. On your mobile device you may also go to your device settings and select “Limit Ad Tracking” (iOS devices) or “Opt-out of interest-based ads” (Android devices), which will allow you to limit our use of information collected from or about your mobile device for the purposes of displaying online targeted advertising to you.

b.If you are a Customer and/or visitor to the Online Services or otherwise use the Services we provide.

i.You are under no obligation to create a User Account, and you may access the Online Services and use some Services without submitting any Personal Information. You may also delete your User Account at any time. However, in the event your Personal Information is essential for us to provide certain products or Services to you, like engaging in a contract for real estate services, we will be unable to provide you with those products or Services if you choose to withhold requested Personal Information. For example, if you request information about a property but do not provide a means of contact, we will be unable to fulfill your request.

ii.Each advertising email communication we send includes an unsubscribe link allowing you to stop delivery of that type of communication. If you elect to unsubscribe, we will remove you from the relevant list within ten (10) business days, unless a shorter time period is prescribed by applicable law.

iii.You may opt out of many disclosures or uses of your Personal Information by notifying us by email at the address provided herein or submitting a Do Not Sell or Share My Personal Information Request, or by following the procedures set forth in an electronic communication from us, if applicable. Please note that we may not be able to honor your request to opt-out of certain uses and disclosures of your Personal Information in order to fulfill our legal obligations or contractual obligations with you.

iv.You may opt-out of targeted advertising by adjusting your cookie preferences on our Sites, visiting the opt-out request pages of industry groups providing broad opt-out options like the Network Advertising Initiative, Digital Advertising Alliance, or by visiting the specific ad networks like Google, LinkedIn, Twitter, and Meta. Please note that opting out with industry groups or advertising networks will only apply to the specific browser or device from which you opt-out. On your mobile device you may also go to your device settings and select “Limit Ad Tracking” (iOS devices) or “Opt-out of interest-based ads” (Android devices), which will allow you to limit our use of information collected from or about your mobile device for the purposes of displaying online targeted advertising to you.

v.Where applicable, we will undertake reasonable efforts to notify third parties with whom we have sold or shared your Personal Information as permitted under this Privacy Policy of your election to opt out. If you do not opt out, we may continue to collect, use, and disclose your Personal Information as set forth in this Privacy Policy.

c.If you are an employee, third-party consultant (“Consultant”), job applicant, or former employee.

i.If you apply for a job or to be a Consultant with the Company, we will keep your Personal Information in our application database for future consideration unless you direct us not to do so.

ii.If you are a current employee or Consultant or a former employee or Consultant, we must obtain and retain some Personal Information in order to comply with our obligations or applicable law. When we no longer have a legitimate need to retain your Personal Information or are no longer required by law to retain your Personal Information, we will delete it in accordance with our data retention standards.

iii.You may opt out of many disclosures or uses of your Personal Information by notifying us by email at the address provided herein or submitting an Do Not Sell or Share My Personal Information Request, or by following the procedures set forth in an electronic communication from us, if applicable. Please note that we may not be able to honor your request to opt-out of certain uses and disclosures of your Personal Information in order to fulfill our legal obligations or contractual obligations with you.

iv.You may opt-out of targeted advertising by adjusting your cookie preferences on our Sites, visiting the opt-out request pages of industry groups providing broad opt-out options like the Network Advertising Initiative, Digital Advertising Alliance, or by visiting the specific ad networks like Google, LinkedIn, Twitter, and Meta. Please note that opting out with industry groups or advertising networks will only apply to the specific browser or device from which you opt-out. On your mobile device you may also go to your device settings and select “Limit Ad Tracking” (iOS devices) or “Opt-out of interest-based ads” (Android devices), which will allow you to limit our use of information collected from or about your mobile device for the purposes of displaying online targeted advertising to you.

10. Links to Third Parties

The Services may contain links to websites maintained by third parties. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to read the privacy policy of any website you visit carefully.

11. Blog and Community Forum

Our Online Services offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request the removal of your Personal Information from our blog or community forum, please get in touch with Customer Support at support@radiusagent.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why. Our blog is also managed by a third-party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. You will need to contact or login into the third-party application if you want the Personal Information that was posted in the comments section removed. To learn how the third-party application uses your information, please review their privacy policy.

12. Social Media

Our Services include social media features, such as the Facebook Like button, the X Post button, and other social sharing buttons or interactive mini- programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function correctly. Social media features and widgets are hosted by a third party or hosted directly on our Online Services. Your interactions with these features and widgets are governed by the privacy policy of the company providing them. Our Rooms feature allows users to listen to and participate in conversations with other members. In order to create a safe environment and to rebroadcast valuable conversations, we reserve the right to record these sessions.

13. Profile Picture Collection & Storage

We collect and securely store user profile pictures for the sole purpose of personalizing their User Accounts. These images are accessible only to authorized personnel, and we employ industry-standard security measures to protect against unauthorized access. Profile pictures are used exclusively for display within the user's profile and may be utilized within our Services. We do not use or share them for any other purposes without explicit user consent. Users have the right to control the visibility settings of their profile pictures and can update or remove them at any time through their User Account settings. We do not share user profile pictures with third parties unless required by law or with explicit user consent.

Profile pictures are retained as long as the user maintains a User Account, and users can request removal by contacting us. Any updates to this Privacy Policy regarding profile picture handling will be posted here, and users are encouraged to check back frequently to ensure that they are familiar with the latest version of this Privacy Policy. By using our Services, users agree to the collection and storage of their profile pictures in accordance with this Privacy Policy.

14. Security

We follow generally accepted industry standards to protect the Personal Information submitted to the company, both during transmission and once the company receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect our user’s Personal Information, we cannot guarantee its absolute security.

15. User Account Profile

The Company stores information collected through cookies or log files to create a “profile” of user preferences. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, or clickstream data. The Company ties users’ Personal Information to information in their profile in order to provide tailored promotions and marketing offers and improve the content of the Services for the user.

16. Contact Us

If users have any questions or suggestions regarding the company privacy policy, please contact company at support@radiusagent.com.

1. Agreement to Terms of Use

By using the Sites and/or Services, you are entering into a legally binding agreement with us. If you do not agree to these Terms, you may not use the Sites and/or Services.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE REVIEW CAREFULLY SECTION 22 ENTITLED “ARBITRATION; CLASS ACTION WA

2. Changes to the Terms of Use or Services

We may update the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Sites or through other communications. It’s important that you review the Terms whenever we update them or you use the Sites and/or Services. If you continue to use the Sites and/or Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Sites and/or Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

3. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Sites and/or Services is subject to our Privacy Policy. Our privacy policy can be found at radiusagent.com/privacy-policy.

4. Nature and Scope of the Services We Provide

(a)The Sites and/or Services provide real estate agents and other real estate professionals (each, a “Professional” and collectively, “Professionals”) various functionalities to assist Professionals with the listing, financing, advertisement, sale and purchase of real estate properties. These functionalities may include the ability for Professionals to store, manage and share real estate transaction documents through our online platform, connect with third-party service providers (“3rd Party Providers”) to perform peripheral services such as risk management, professional photography, brochure printing and home staging that Professionals may require during the real estate transaction process (“3rd Party Services”), and a variety of other real estate brokerage services.

(b) As the provider of the Sites and Services, ADI does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any 3rd Party Services. 3rd Party Providers alone are responsible for their 3rd Party Services, and ADI does not endorse or otherwise verify the reliability of 3rd Party Providers or 3rd Party Services. ADI is not affiliated in any way with 3rd Party Providers, and when you make or accept an engagement with an 3rd Party Provider, you agree that ADI is not and does not become a party or participant in any contractual relationship between you and such 3rd Party Provider encountered through our Sites and Services. ADI has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any 3rd Party Services, (ii) the truth or accuracy of the descriptions, ratings or reviews of any 3rd Party Services, or (iii) the performance or conduct of any 3rd Party Providers. You agree that you use any 3rd Party Services available through the Sites and/or Services at your own risk and that ADI has no, and disclaims all, liability with respect to 3rd Party Service Providers.

5. Eligibility and Location of Services

Eligibility. You may use the Sites and/or Services only if you are a resident of or domiciled in the United States or any US territory, 18 years or older and capable of forming a binding contract with us and are not barred from using the Sites and/or Services under applicable law. You represent and warrant that, when you register with the Services as a Professional, you are a licensed real estate salesperson or broker, or otherwise authorized to act in such a capacity in the jurisdiction in which you intend to market and offer your services.

Location of Services. The Services are only offered in areas where we are licensed to transact business and otherwise authorized to offer and provide the Services under applicable law.

6. Account Registration

To use the Services, you may register or create a user account (your “Account”) by providing all required data or information in a complete and truthful manner. You may also use the Services without registering or creating an Account; however, this may cause limited availability of certain features or functions. By creating an Account or otherwise entering your email and telephone contact information on any form on the Sites you expressly consent to receive marketing communications about our Services at the email address and telephone number provided, which communications we may deliver via email, phone, and text messages, including using an automatic telephone dialing system and/or an artificial or prerecorded voice. You also certify that the provided number is your actual cell phone number and not that of anyone else. Your consent is not a condition of making any purchase or entering into a real estate transaction and you may revoke it at any time by replying “STOP” to any of our texts, unsubscribing from email communications using the unsubscribe link provided therein, or by emailing support@radiusagent.com. Standard message and data rates may apply.

You are responsible for any activity that occurs on your Account, regardless of whether such use was authorized by you. You must keep your login credentials confidential and safe from unauthorized use or disclosure. By registering for an Account, you agree to be fully responsible for all activities that occur under your username and password, whether or not you know about them. You understand you are prohibited from sharing your username and password with anyone, including other members of your household. You are required to immediately inform us of any suspicious or unauthorized use of your Account, or if you have reason to believe your Account credentials have been lost or stolen. You may do so by emailing us at support@radiusagent.com.

It’s important that you provide us with accurate, complete and up-to-date information for your Account. You agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account.

7. Feedback

We welcome feedback, comments and suggestions for improvements to the Sites and/or Services (“Feedback”). You can submit Feedback by emailing us at support@radiusagent.com. To the extent that you submit Feedback, you grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose, without any obligation or payment to you.

8. Content

For purposes of these Terms: (i) “Content” means text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Sites and/or Services; and (ii) “User Content” means any Content that Account holders (including you) provide to us through the Sites and/or Services. Content includes without limitation User Content.

ADI does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, ADI (and/or any third parties from whom ADI licenses Content) exclusively owns all right, title and interest in and to the Sites, Services and Content, including all associated intellectual property rights. You acknowledge that the Sites, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sites, Services or Content.

a.Rights in User Content Granted by You. By making any User Content available through the Sites and/or Services, you hereby grant us a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services to you.

b.Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; and that your User Content is true and accurate, to the best of your knowledge. You further represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Sites and/or Services, nor any use of your User Content by us on or through the Sites and/or Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

c.Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Sites and/or Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

d.Rights in Content Granted by ADI. Subject to your compliance with these Terms, ADI grants to you a limited, nonexclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Sites and/or Services.

9. Access to the Sites and Services; Prohibited Activities

Subject to your compliance with these Terms, ADI grants you a personal, non-exclusive, non-transferable, revocable, limited license to access and use the Sites and/or Services solely in accordance with these Terms. We do not guarantee that the Sites and/or Services will be available at all times, in all locations, or at any given time or that we will continue to offer any particular feature or functionality for any particular length of time. We do not guarantee that the Sites and/or Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations. Without our express prior written consent, you agree that you shall not, and shall not allow any third party to:

a.license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites and/or Services, in whole or in part, or any Content displayed on the Sites and/or Services;

b.modify, make derivative works of (except as expressly set forth herein), disassemble, reverse compile, decompile, reverse engineer or otherwise attempt to discover the source code, object code or underlying structure, ideas, knowhow or algorithms related to any part of the Sites and/or Services;

c.access the Sites and/or Services for any competitive purpose, including in order to build a similar or competitive website, product, or service; and

d.copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Sites and/or Services. Unless otherwise indicated herein, your use of any future release, update, or other addition to the functionality of the Sites and/or Services shall also be subject to these Terms. Except as expressly set forth in these Terms or in a writing signed by you and us, you acknowledge and agree that ADI has no and will have no obligation to provide you with any support or maintenance in connection with the Services. We reserve the right, at any time, to modify, suspend, or discontinue the Sites and/or Services (in whole or in part) with or without notice to you. You agree that ADI will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Sites and/or Services or any part thereof.

e.use the Sites and/or Services to upload or distribute any Trojan horses, worms, bots, spiders, scrapers, or other malicious software, program, script, algorithm, or similar process.

f.use the Sites and/or Services to send unsolicited bulk or commercial email (“spam”), junk mail, or other solicitous communications, or taking any action that imposes an unreasonable or disproportionately large load on the Sites’ servers.

g.use the Sites, Services, and/or Content for any unlawful, obscene, defamatory, threatening, harassing, abusive, or otherwise objectionable purpose, as determined in our sole discretion.

h.post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

i.use, display, mirror or frame the Services or any individual element within the Services, ADI’s name, any ADI trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page.

j.access, tamper with, or use non-public areas of the Services, ADI’s computer systems, or the technical delivery systems of any 3rd Party Providers.

k.attempt to probe, scan or test the vulnerability of any ADI system or network or breach any security or authentication measures.

l.avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ADI, any 3rd Party Provider or any other third party (including another user) to protect the Sites, Services and/or Content.

m.attempt to access or search the Sites, Services and/or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ADI or other generally available third-party web browsers.

n.use any meta tags or other hidden text or metadata utilizing aTrademark, logo URL or product name without ADI’s express written consent.

o.use the Sites, Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms.

p.forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Sites, Services or Content to send altered, deceptive or false source-identifying information.

q.attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sites, Services or Content.

r.interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.

s.collect or store any personally identifiable information from the Services from other users of the Services without their express permission.

t.impersonate or misrepresent your affiliation with any person or entity.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Sites and offering the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms.

We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

10. Rights and Terms of Use for Apps

a.Rights in the App. Subject to your compliance with these Terms, ADI grants to you a limited nonexclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to you under these Terms.

b.Accessing the App. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Distributor”). You acknowledge and agree that:

i.These Terms are concluded between you and ADI, and not with the App Distributor, and ADI (not the App Distributor) is solely responsible for the App.

ii.The App Distributor has no obligation to furnish any maintenance and support services with respect to the App.

iii.In the event of any failure of the App to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ADI.

iv.The App Distributor is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

v.In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, ADI will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

vi.The App Distributor, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.

vii.You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

viii.You must also comply with all applicable third party terms of service when using the App.

11. Artificial Intelligence

As part of our Services, we may offer, or continue to offer, access to an artificial intelligence assistant, including without limitation our Machine Educated Learning assistant MEL (each, an “Assistant” and collectively, “Assistants”). MEL and other artificial intelligence services offered by us use artificial intelligence software (“AI”) developed by OpenAI and other third parties to generate Content. The Content generated through use of our AI may be used for informational purposes only.

By using the Sites and/or Services, you understand and agree that the Content generated by AI may contain errors or inaccuracies, and should not be relied upon as a substitute for professional advice. While ADI believes the AI generated by its Assistants provides valuable insights and can create compelling narratives, including without limitation blogs, articles, responses, and posts, such Content may not be 100% accurate, up-to-date, or applicable to all situations. If you find any Content that is offensive or discriminatory, please report it to us at support@radiusagent.com.

In no event will ADI be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages, whether under a contract, tort or any other theory of liability, arising in connection with any party's use of the Assistants or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to the Assistants or any application operated by any third party or any Content generated by the Assistants or any other third party application, even if ADI is aware of the possibility of such damages.

If you are authorized to use the Assistants offered on the Sites or through the Services, you are granted limited license to access and use the Content and to download or print a copy of any portion of the Content solely for personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may provide input to the Assistants (“User Input”), and receive output from the Assistants based on the User Input (“User Output”). User Input and User Output are User Content. You are solely responsible for User Content, including ensuring that it does not violate any applicable law. You represent and warrant that you have all rights, licenses, and permissions needed to provide the User Input.

As between you and ADI, and to the extent permitted by applicable law, you (a) retain your ownership rights in User Input and (b) own the User Output. ADI hereby assigns to you all its right, title, and interest, if any, in and to User Output, provided that ADI may use User Content to provide, maintain, develop, and improve its services, comply with applicable law, enforce its terms and policies, and keep the services safe.

Except for your own User Content, you may not upload or republish the Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. Such license does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.

ADI reserves the right to revoke these permissions at any time without reasonable notice, and for any reason, should it find that your use harms any of its legal rights or causes damage in any way.

12. Intellectual Property Rights

All title, interest, and intellectual property rights, including without limitation all copyrights, trademark rights, patent rights, trade secrets, right of publicity, and design rights, related to the Sites, the Content and/or the Services and all data, software, programs, source code, algorithms, processes, documentation, and functionality contained within the Sites and/or Services, in all translations, media, and formats, are the exclusive property of ADI or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. The Sites, Content, and/or Services cannot be copied, reproduced, altered, or modified without the express written consent of ADI.

You acknowledge you only receive a license to use the Sites, Content, and Services and do not acquire any interest in, and shall not claim any right to, the Sites, Content, or Services.

The names, logo, and other marks, trade names, service marks, taglines, or logos (collectively, the “Trademarks”) appearing in connection with the Sites and/or the Services are, and remain, the exclusive property of ADI or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property. Without our express written consent, you are prohibited from using the Trademarks to advertise your services, suggest ADI endorses or guarantees you or your business, or for any other purpose.

13. Termination by You

You can stop using the Sites and Services at any time. If you wish to terminate your Account, contact us at [support@radiusagent.com].

14. Termination by Us

ADI reserves the right, at its sole discretion, to disable, suspend, or terminate your access to and use of the Sites and Services, and your Account, if applicable, at any time and without notice or liability, if ADI determines you are in violation of these Terms or applicable law. Upon termination of your access to the Sites and Services, you are prohibited from using any Content or other materials from the Sites or Services, including, but not limited to any copies, documents, or other downloads stored on your computer or device. The suspension or deletion of your Account due to your violation of these Terms or applicable law does not exempt you from paying any applicable fees or costs already incurred. We may disclose information we have about you or your use of the Sites and/or Service to the proper authorities if: (a) you have breached these Terms, (b) you are in violation of applicable law, (c) necessary for any investigation or complaint about your use of the Sites or Services, or (d) if we determine it is necessary to protect the property or rights of ADI or users of the Sites or Services.

15. Survival of Provisions

All sections of these Terms which by their nature should survive any termination, discontinuation or cancellation of the Services or your Account will survive, including the following sections: Section 7 (Feedback), Section 8 (Content), Section 10 (Rights and Terms of Use for Apps), Section 12 (Intellectual Property Rights), Section 17 (Disclaimer of Warranties), Section 18 (Limitation of Liability), Section 19 (Indemnification), Section 20 (No Professional Advice), Section 21 (Governing Law and Forum Selection), Section 22 (Arbitration; Class Action Waiver; Small Claims Court), and Section 23 (General Provisions).

16. Service Interruption and Changes

We reserve the right to interrupt the availability of the Sites or Services for maintenance, system updates, or any other changes. In addition, ADI may alter, remove, suspend, disable, or terminate the Sites or Services, or portions of the Sites or Services, their Content, products, or other materials at any time without notice or obligation to you.

Additionally, the Sites or Service may be unavailable due to reasons outside our reasonable control, such as “force majeure” events, including, but not limited to, labor actions, infrastructural breakdowns, blackouts, power failures, or telecommunication line failures.

17. Disclaimer of Warranties

THE SITES, SERVICES, AND CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADI EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES — WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF ACCURACY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ADI DISCLAIMS ANY WARRANTIES THAT THE SITES, CONTENT OR SERVICES WILL BE ACCURATE, CURRENT, COMPLETE, OR ERROR FREE, OR THAT TRANSMISSION TO OR FROM THE SITES WILL BE UNINTERRUPTED.

WITHOUT LIMITING THE FOREGOING, ADI, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, AGENTS, MANAGERS, MEMBERS, PARTNERS, SUPPLIERS, AND EMPLOYEES DO NOT WARRANT THAT (A) THE CONTENT IS ACCURATE, RELIABLE, CURRENT, COMPLETE, OR CORRECT; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE SERVICES WILL OPERATE ON A PARTICULAR HARDWARE OR SOFTWARE CONFIGURATION; OR (F) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND/OR SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE OF THE SERVICE.

ADI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SITES AND/OR SERVICES OR ANY HYPERLINKED SITE OR SERVICE, AND ADI SHALL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, AND OTHER JURISDICTIONS, DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

18. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADI, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, AGENTS, MANAGERS, MEMBERS, PARTNERS, SUPPLIERS, AND EMPLOYEES BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF SUBSTITUTE SERVICE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE; (B) THE ACTIONS OR OMISSIONS OF ANY THIRD-PARTY, INCLUDING WITHOUT LIMITATION ANY SERVICE PROVIDER OR USER; (C) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (D) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO OR USE OF THE SERVICE; (E) ANY DELAY, INTERRUPTION, OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL CODE OR PROCESS THAT MAY BE TRANSMITTED TO OR THROUGH THE SITES AND/OR SERVICES; OR (G) ANY USER CONTENT.

IN NO EVENT SHALL ADI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, AGENTS, MANAGERS, MEMBERS, PARTNERS, SUPPLIERS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY YOU TO ADI HEREUNDER IN THE PRECEDING TWELVE (12) MONTHS, OR THE PERIOD OF DURATION OF THESE TERMS BETWEEN ADI AND YOU, WHICHEVER IS SHORTER. THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ADI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

19. Indemnification

You agree to defend, indemnify, and hold ADI and its subsidiaries, affiliates, officers, directors, shareholders, licensors, agents, managers, members, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs, and expenses, including, but not limited to, legal fees and expenses, arising from or related to: (a) your use of the Sites, Content, Services and/or 3rd Party Services; (b) your violation of these Terms, including, but not limited to, your breach of any of the representations and warranties set forth in these Terms; (c) your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights; (d) your violation of any statutory law, rule, or regulation; (e) your User Content or Account information, including, but not limited to, misleading, false, inaccurate, or infringing information; (f) your willful misconduct; or (g) unauthorized access to the Sites or Services that results from sharing or disclosing your username and password.

20. No Professional Advice

The Sites, Content and Services are provided for information purposes only and do not constitute legal, accounting, tax, employment, real estate, or other professional advice. You should engage the services of qualified professionals prior to making any decisions based on the Sites, Content or Services.

21. Governing Law and Forum Selection

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 22 ”Arbitration; Class Action Waiver; Small Claims Court,” the exclusive jurisdiction for all disputes that you and ADI are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and ADI each waive any objection to jurisdiction and venue in such courts.

22. Arbitration; Class Action Waiver; Small Claims Court

YOU AGREE THAT ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND ADI ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, YOUR USE OF THE SITES, CONTENT AND/OR SERVICES, YOUR RIGHTS OF PRIVACY, OR OUR RELATIONSHIP WILL BE RESOLVED BY BINDING ARBITRATION. Arbitration shall be conducted by the American Arbitration Association (AAA) in conjunction with its Consumer Arbitration Rules. You hereby expressly and knowingly waive your right to file a lawsuit in court or have a trial by jury. Arbitration shall be conducted in San Francisco County, California by a single arbitrator. Any cause of action you may have under these Terms must be commenced within one (1) year after the claim or cause of action arises. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Each of us shall be responsible for the costs of our own legal counsel at the arbitration.

Either you or ADI may start arbitration at any time. You and ADI agree to first send a notice of the dispute, to ADI at the address set forth below, or to you at your address on file with ADI, by certified mail or reputable courier. The notice must include the party’s contact information and the details of the dispute. We will attempt to resolve the dispute in good faith without the need for arbitration. If we are unable to resolve the dispute within thirty (30) days of receipt of the notice, either of us may start arbitration by filing a case with the AAA.

Nothing in this section shall limit ADI’s right to seek alternative remedies, including without limitation, injunctive relief in a court of law.

Class Action Waiver

By accessing and using the Sites and/or Services, you agree any claims you bring against ADI will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. You hereby waive your right to participate in a class-action lawsuit or class-wide arbitration for any claims covered by this agreement to arbitrate. If a court rules that this class action waiver is void or unenforceable for any reason, or that an arbitration can proceed as a class action, then the arbitration provision set forth above shall be deemed null and void in its entirety and the dispute shall be brought in the federal or state courts in San Francisco County, California.

YOU UNDERSTAND THAT IN THE ABSENCE OF THIS SECTION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU EXPRESSLY AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

Small Claims Court

This agreement to arbitrate does not preclude you from resolving any disputes that meet the jurisdictional requirements for small claims court in such court.

23. General Provisions

a.No Waiver; Assignment. ADI’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. ADI reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms without prior notice to you. You may not assign or transfer your rights or obligations under these Terms in any way, without the written permission of ADI. Nothing in these Terms creates a joint venture, partnership, employment, beneficiary, or agency relationship between you and ADI.

b.Severability. Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

c.No Modification; Enforcement. These Terms may only be modified by ADI in writing. These Terms, the ADI Privacy Policy, and any other ADI policy constitute the entire Agreement between you and ADI with respect to the subject matter hereof. These Terms will be enforced to the fullest extent permitted by law.

d.Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”

e.Electronic Signature. You acknowledge and understand that the affirmative act of using the Sites, Content or Services or clicking to accept these Terms signifies your electronic signature to these Terms, and your electronic signature creates a legally binding agreement. You acknowledge other legal documents available through the Sites and/or Services may also be executed electronically and you consent to providing your signature electronically and agree to be bound by the terms and conditions of those documents.

24. Contact Information

If you have any questions about these Terms, the Sites or the Services, please contact us by email at legal@radiusagent.com or in writing at 1160 Battery St. East, Suite 100, San Francisco, CA, 94111.

Brokerage licenses

Agentdesks Incorporated DBA Radius and Radius Agent is a licensed real estate brokerage headquartered at the address, and licensed to do business, in the states set forth below.

CA DRE # 02051216, FL DBPR # CQ1068468, TX TREC # 9015044

Radius Agent, San Francisco - Headquarters
1160 Battery Street East #100
San Francisco, CA 94111

Equal housing opportunity

Agentdesks Incorporated is an Equal Opportunity Employer and supports the Fair Housing Act.

THE TEXAS REAL ESTATE COMMISSION (TREC) REGULATES REAL ESTATE BROKERS AND SALES AGENTS, REAL ESTATE INSPECTORS, HOME WARRANTY COMPANIES, EASEMENT AND RIGHT‐OF‐WAY AGENTS, AND TIMESHARE INTEREST PROVIDERS YOU CAN FIND MORE INFORMATION AND CHECK THE STATUS OF A LICENSE HOLDER AT

WWW.TREC.TEXAS.GOV

YOU CAN SEND A COMPLAINT AGAINST A LICENSE HOLDER TO TREC

A COMPLAINT FORM IS AVAILABLE ON THE TREC WEBSITE

TREC ADMINISTERS TWO RECOVERY FUNDS WHICH MAY BE USED TO SATISFY A CIVIL COURT JUDGMENT AGAINST A BROKER, SALES AGENT, REAL ESTATE INSPECTOR, OR EASEMENT OR RIGHT‐OF‐WAY AGENT, IF CERTAIN REQUIREMENTS ARE MET.

REAL ESTATE INSPECTORS ARE REQUIRED TO MAINTAIN ERRORS AND OMISSIONS INSURANCE TO COVER LOSSES ARISING FROM THE PERFORMANCE OF A REAL ESTATE INSPECTION IN A NEGLIGENT OR INCOMPETENT MANNER.

PLEASE NOTE: INSPECTORS MAY LIMIT LIABILITY THROUGH PROVISIONS IN THE CONTRACT OR INSPECTION AGREEMENT BETWEEN THE INSPECTOR AND THEIR CLIENTS. PLEASE BE SURE TO READ ANY CONTRACT OR AGREEMENT CAREFULLY. IF YOU DO NOT UNDERSTAND ANY TERMS OR PROVISIONS, CONSULT AN ATTORNEY.

IF YOU HAVE QUESTIONS OR ISSUES ABOUT THE ACTIVITIES OF A LICENSE HOLDER, COMPLAINT PROCESS OR THE RECOVERY FUNDS, PLEASE VISIT THE WEBSITE OR CONTACT CREC AT

TEXAS REAL ESTATE COMMISSION
P.O. BOX 12188
AUSTIN, TEXAS 78711-2188
(512) 936-3000

TYPES OF REAL ESTATE LICENSE HOLDERS:

• A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker.
• A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker.

A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents):

• Put the interests of the client above all others, including the broker's own interests;
• Inform the client of any material information about the property or transaction received by the broker;
• Answer the client's questions and present any offer to or counter-offer from the client; and
• Treat all parties to a real estate transaction honestly and fairly.

WRITTEN AGREEMENTS ARE REQUIRED IN CERTAIN SITUATIONS: A license holder who performs brokerage activity for a prospective buyer of residential property must enter into a written agreement with the buyer before showing any residential property to the buyer or if no residential property will be shown, before presenting an offer on behalf of the buyer. This written agreement must contain specific information required by Texas law. For more information on these requirements, see section 1101.563 of the Texas Occupations Code. Even if a written agreement is not required, to avoid disputes, all agreements between you and a broker should be in writing and clearly establish: (i) the broker's duties and responsibilities to you and your obligations under the agreement; and (ii) the amount or rate of compensation the broker will receive and how this amount is determined.

A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION:

AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the owner, usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties above and must inform the owner of any material information about the property or transaction known by the agent, including information disclosed to the agent by the buyer or buyer's agent. An owner's agent fees are not set by law and are fully negotiable.

AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller's agent. A buyer/tenant's agent fees are not set by law and are fully negotiable.

AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. A broker who acts as an intermediary:

• Must treat all parties to the transaction impartially and fairly;
• May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction.
• Must not, unless specifically authorized in writing to do so by the party, disclose:
  • that the owner will accept a price less than the written asking price;
  • that the buyer/tenant will pay a price greater than the price submitted in a written offer; and
  • any confidential information or any other information that a party specifically instructs the broker in writing not to disclose, unless required to do so by law.

A LICENSE HOLDER CAN SHOW PROPERTY TO A BUYER/TENANT WITHOUT REPRESENTING THE BUYER/TENANT IF:

• The broker has not agreed with the buyer/tenant, either orally or in writing, to represent the buyer/tenant;
• The broker is not otherwise acting as the buyer/tenant's agent at the time of showing the property;
• The broker does not provide the buyer/tenant opinions or advice regarding the property or real estate transactions generally; and
• The broker does not perform any other act of real estate brokerage for the buyer/tenant.

Before showing a residential property to an unrepresented prospective buyer, a license holder must enter into a written agreement that contains the information required by section 1101.563 of the Texas Occupations Code. The agreement may not be exclusive and must be limited to no more than 14 days.

LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create an obligation for you to use the broker's services. Please acknowledge receipt of this notice below and retain a copy for your records.

Regulated by the Texas Real Estate Commission. Information available at www.trec.texas.gov.

Radius Agent, 325 N Saint Paul Street, Suite 3100, Dallas, TX 75201. Phone: (817)357-6276.

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