Effective Date January 25, 2021
Please review these Terms of Service, which govern your use of
RateMarketplace.com (the “Site”, “we”, “us”, or “our”). Your use of the Site
constitutes your agreement to follow and be bound by these Terms of Service. We
reserve the right to update or modify this Agreement at any time without prior
notice. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION,
WAIVER OF JURY TRIAL AND CLASS ACTION. For this reason, we encourage you to
review the Agreement whenever you use any of the Sites. If you do not agree to
these terms, please do not use the Site.
This site provides internet marketing services for the benefit of third parties only.
Site Modification or Suspension
We reserve the right, at any time in our sole discretion, to modify, suspend or
discontinue the sites or any service, content, feature or product offered through the
Site, with or without notice. You agree that we shall not be liable to any third party
for any modification, suspension or discontinuance of the Site, or any service,
content, feature or product offered through the Site.
Privacy
By using the Site you agree to the terms of our Privacy Policy which you can
review by clicking here.
Site Contents
Unless otherwise noted, the Site and all materials on the site, including text,
images, illustrations, designs, icons, photographs, video clips and other materials,
and the copyrights, trademarks, trade dress or other intellectual property in such
materials (collectively, the “Content”), are owned, controlled or licensed by
RateMarketplace or its sister companies.
Use of the Site
You may not use or register with the Site if you are under eighteen (18) years of
age. You agree that the information that you provide to us upon registration, and at
all other times will be true, accurate, current and complete. By using the Site and/or
accessing the services, you represent and warrant that you have the right, authority
and capacity to enter into these Terms of Service and to abide by all of the terms
and conditions set forth in these Terms of Service. This Site is administered in the
United States and intended for U.S. users; any use outside of the U.S. is at your own
risk and you are responsible for compliance with any local laws applicable to your
use of the Site or access to the Services.
ELECTRONIC COMMUNICATIONS/NOTICES AND
INFORMATION DELIVERED ELECTRONICALLY
When you access and provide a submission on this site, use or send email to us;
you are communicating with us electronically. You consent to receive
communications from us electronically. You agree that all agreements, notices,
disclosures and other communications that we provide to electronically satisfy any
legal requirements that such communications be in writing.
Technical Requirements
To access and retain information and notices we send or make available to you
electronically, you will need:
- Internet access with 128-bit encryption
- Adobe Acrobat Reader 6 or higher
- Ability to Print Internet Explorer 6 or higher
- Netscape 8.04 and above (Use in IE mode)
- Email Access or Firefox version 1.5
You have the right to receive any document in non-electronic form and to withdraw
your consent to electronic delivery at any time by contacting RateMarketplace by
emailing
support@ratemarketplace.com
License and Access
Subject to your compliance with these Terms of Service, RateMarketplace grants
you a limited, non-exclusive, non-transferable, non-sublicensable license to access
and make personal and non-commercial use of the RateMarketplace site and the
service provided thereon. This license does not include any resale or commercial
use of any RateMarketplace service or Content, any collection and use of any class
or class provider listings, descriptions, or prices; any downloading or copying
of account information for the benefit of another merchant, any derivative use of
this site or its Content; or any use of robots, data mining, or similar data
gathering and extraction tools. The Site or any portion of it may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of RateMarketplace. You may not frame or
utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including text, images of page layout, or form) of RateMarketplace
and our affiliates without express written consent. You may not use any meta tags
or any other “hidden text” utilizing the RateMarketplace Name or trademarks without
the express written consent of RateMarketplace. All right not expressly granted
to you in these Terms of Service are reserved and retained RateMarketplace or its
affiliates, licensors, publishers, rights holders or other content providers. Any
unauthorized use of the Site or services provided thereon terminates the permission
or license to access and use the site.
Copyright Complaints
If you believe your work has been copied in a way that constitutes copyright
infringement, please provide RateMarketplace’s copyright agent the written
information specified below:
- An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; - A description of the copyrighted work that you claim has been infringed
upon; - A description where the material that you claim is infringing is located on
the site; - Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; - A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner’s behalf.
RateMarketplace’s Copyright Agent for notice of claims of copyright
infringement on RateMarketplace.com can be reached at:
Plateau Data Services, LLC
Attn: Legal Department
8123 S. Interport Blvd., Suite A
Englewood, CO 80112
Intellectual Property
This Site and the Content available on the Site are the property of RateMarketplace
or its affiliates and licensors, and are protected by copyright, trademark and other
intellectual property laws. Subject to these Terms of Service, RateMarketplace
grants you a non-exclusive non-transferable license to use the Site solely for your
personal non-commercial use. You may not use the Site or the Content available on
the Site in a manner that constitutes an infringement of our rights or that has not
been authorized by us. More specifically, unless explicitly authorized in these Terms
of Service or by the owner of the Content, you may not modify, copy, reproduce,
republish, upload, post, transmit, translate, sell, create derivative works, exploit,
perform, display or distribute in any manner or medium (including by e-mail or
other electronic means) any material from the Site. You may, however, from time to
time, download or print one copy of individual pages of the Site for your personal,
non-commercial use, provided that you keep intact all copyright and other
proprietary notices.
Services
RateMarketplace is a marketing lead generator, required to be licensed as a
Mortgage Broker. RateMarketplace does not take applications, make loans or credit
decisions in connection with loans, nor does RateMarketplace issue commitments
or lock-in agreements. RateMarketplace’s services are only administrative. Any loan
inquiry you submit is NOT an application for credit, it is an inquiry to be connected
to Lenders to receive information regarding loan offers from them. You have not
been pre-approved, pre-qualified or any similar concept by submitting an inquiry
form to us. You may have to complete an application with a Lender and may require
you to pay an application or other fee to cover the costs of an appraisal, credit
report or other item, before they will extend an unconditional offer.
RateMarketplace is not a lender, agent or broker and does not endorse or
recommend the products of any particular Lender.
The Websites and the services provided by RateMarketplace may only be made
available to residents of, or secured by real property located in states where
Lenders are licensed or authorized to make such loans. Lenders are not attempting
to make loans outside of their authorized states or country by participating in and
offering their products on the Websites. RateMarketplace Lenders expressly
reserve the right to discontinue, suspend or terminate the offering of any loan
product in any specific state through the Websites at any time, without prior notice.
Any business that may contact you is solely responsible for its services or products
provided to you, and you agree that RateMarketplace shall not be liable for any
damages or costs of any type arising out of or in any way connected with your use
of such services or products.
Reviews, Comments, Communications and Other Content
In the event that consumers may submit comments; send e-mail communications;
and submit suggestions, ideas, comments, questions, or other information to the
Site, consumers may do so, so long as the content is not illegal, threatening,
defamatory, obscene, invasive of privacy, infringing of intellectual property
rights, or otherwise injurious to third parties or objectionable and does not
consist of or contain software viruses, commercial solicitation, political
campaigning, mass mailings, chain letters, or any form of “spam.” You may not
use a false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of a card or other content. RateMarketplace reserves
the right (but not the obligation) to remove or edit such content, but does
not regularly review posted content. RateMarketplace has the right but not the
obligation to oversee and edit or remove any activity or content.
RateMarketplace claims no responsibility and assumes no liability for any
content posted by you or any third party.
Third Party Content and Links to Other Websites
Third parties not affiliated with RateMarketplace may offer services or products on
this site. We do not warrant or assume any responsibility or liability for the actions,
offers or content of third parties who may have advertisements or links on our site.
RateMarketplace does not endorse, has no control over, and is not responsible in
any manner for the terms, conditions, fulfillment or performance of such third
parties’ advertisements or offers, the collection of information from you by any
such third parties, the use of your information by any such third parties, or the
use, operation or availability of websites owned or operated by, or on behalf of,
any such third parties. You should carefully review their privacy statements and
other conditions of use. You further acknowledge and agree that RateMarketplace
will not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on any third party content or links, products, goods or services available on
or through any such websites.
Indemnification
YOU AGREE TO INDEMNIFY RATEMARKETPLACE, INCLUDING RATEMARKETPLACE’s
PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES,
AFFILIATES, SUCCESSORS, ADVERTISERS, AND THIRD PARTY SERVICE PROVIDERS
(COLLECTIVELY, RATEMARKETPLACE’S PARTIES’), AND HOLD THEM EACH HARMLESS
FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEY’S
FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR
USE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR
YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
Release
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE
RATEMARKETPLACE AND RATEMARKETPLACE PARTIES AND EACH OF THEIR
RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED
PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS,
COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE
WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER
ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL CONTENT, INCLUDING THIRD PARTY CONTENT IS PROVIDED BY
RATEMARKETPLACE ON AN “AS IS” AND “AS AVAILABLE” BASIS. RATEMARKETPLACE AND
ANY THIRD PARTY THAT MAKES CONTENT AVAILABLE ON THIS SITE MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT
YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
RATEMARKETPLACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. RATEMARKETPLACE OR ITS PARTIES MAKES NO WARRANTY THAT (a)
THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL MEET YOUR
EXPECTATIONS OR NEEDS. RATEMARKETPLACE DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM RATEMARKETPLACE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. RATEMARKETPLACE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting RateMarketplace, you agree that the laws of the state of Colorado,
without regard to principles of conflict of laws, will govern these Terms of
Service and any dispute of any sort that might arise between you and
RateMarketplace or its affiliates.
Disputes
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
READ THIS SECTION CAREFULLY: This arbitration provision limits your and the
Company’s ability to litigate claims in court and you and the Company each
agree to waive your respective rights to a jury trial or a state or federal
judge. You agree that you will not file any lawsuit against us in any state
or federal court.
You and we each agree that any and all disputes or claims that have arisen or
may arise between you and us relating in any way to or arising out of this or
previous versions of this Agreement, your use of or access to our Services, or
any Product sold, offered, or purchased through our Services shall be resolved
exclusively through final and binding arbitration, rather than in court,
except that you may assert claims in small claims court, if your claims
qualify. The Federal Arbitration Act governs the interpretation and
enforcement of this Agreement to Arbitrate section (this “Agreement to
Arbitrate”).
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. There is no judge or
jury in arbitration, and court review of an arbitration award is very limited.
However, an arbitrator can award the same damages and relief on an individual
basis that a court can award to an individual. An arbitrator should apply the
terms of this Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall
have exclusive authority to resolve any dispute arising out of or relating to
the interpretation, applicability, enforceability or formation of this
Agreement to Arbitrate, any part of it, or of this Agreement including, but
not limited to, any claim that all or any part of the Agreement to Arbitrate
or this Agreement is void or voidable.
The arbitration will be conducted by JAMS under its rules and procedures
pertaining to Consumer-Related Disputes, as modified by this Agreement to
Arbitrate. The arbitration shall be held in a mutually agreed location. If the
value of the relief sought is $10,000 or less, you or we may elect to have the
arbitration conducted by telephone or based solely on written submissions,
which election shall be binding on you and us subject to the arbitrator’s
discretion to require an in-person hearing, if the circumstances warrant.
Attendance at an in-person hearing may be made by telephone by you and/or us,
unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the
laws of the State of Delaware, including recognized principles of equity, and
will honor all claims of privilege recognized by law. The arbitrator shall not
be bound by rulings in prior arbitrations involving our other users, but is
bound by rulings in prior arbitrations involving the same user to the extent
required by applicable law. The arbitrator’s award shall be final and binding
and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed
by JAMS rules, unless otherwise stated in this Agreement to Arbitrate. You
may obtain these costs through JAMS website.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON
AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE
OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S
OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY
AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY
IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT
NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL
CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Severability
With the exception of “Prohibition of Class and Representative Actions and
Non-Individualized Relief”, if an arbitrator or court decides that any part
of this Agreement to Arbitrate is invalid or unenforceable, the other parts
of this Agreement to Arbitrate shall still apply. If an arbitrator or court
decides that any of the provisions in this Agreement is invalid or
unenforceable, then the entirety of this Agreement to Arbitrate shall be
null and void. The remainder of the Agreement and any legal disputes section
will continue to apply and that jurisdiction over and venue of any suit
shall be exclusively in the state and federal courts sitting in the County
of Arapahoe, state of Colorado. Changes to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we
agree that if we make any change to this Agreement to Arbitrate (other than
a change to any notice address or site link provided herein) in the future,
that change shall not apply to any claim that was filed in a legal
proceeding against us prior to the effective date of the change. The change
shall apply to all other disputes or claims governed by this arbitration
provision that have arisen or may arise between you and us. We will notify
you of changes to this Agreement to Arbitrate by posting the amended terms
on our Services at least 3 days before the effective date of the changes
and/or by email.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY
BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR
DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING
CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT
A JUDGE OR JURY.
Contact Information
If you have any questions or comments relating to our website, these Terms of
Service or our Privacy Policy, please contact us by email at
support@ratemarketplace.com.
You may also send us your questions or comments by postal mail at:
Plateau Data Services, LLC dba RateMarketplace.com
6424 E. Greenway Parkway, Suite #118 Scottsdale, AZ 85254