Terms of Service

Last Updated February 9, 2016

Please review these Terms of Use, 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 Use. We reserve the right to update or modify this Agreement at any time without prior notice. 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.

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 parent company.

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 Use and to abide by all of the terms and conditions set forth in these Terms of Use. 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

RateMarketplace, Lenders and Providers may choose to electronically deliver all information related to its services and your requests. RateMarketplace, Lenders and Providers electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, State disclosures, other terms, conditions and documents, and the privacy policies of RateMarketplace, Lenders and Providers. You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with RateMarketplace, Lenders and Providers. This means that RateMarketplace, Lenders and Providers may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from Lenders, Providers or other parties. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically.

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 Use, 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 Use 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:

support@ratemarketplace.com

Plateau Data Services, LLC
Attn: Legal Department
1875 South Grant Street, Suite 950
San Mateo, CA 94402

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 Use, 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 Use 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.

Loan 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 matched with Lenders to receive condition 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. At closing you will be responsible for paying any settlement or closing costs associated with your loan. RateMarketplace is paid a marketing lead generation fee by lenders for the services provided, depending on the lender the marketing lead generation fee paid by the lender may be included in your rate, points or loan terms. RateMarketplace is not the lender, agent or broker and does not endorse or recommend the products of any particular Lender.

You should rely on your own judgment in deciding which available loan product, terms and Lender best suits your needs and financial means. The Lender is solely responsible for its services 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. You understand that Lenders may keep your loan request information and any other information provided by RateMarketplace or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify any particular Lender directly if you no longer want to receive communications from them.

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.

RateMarketplace does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender; loan approval standards are established and maintained solely by individual Lenders and RateMarketplace does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. A Lender’s offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Lenders may be higher or lower depending on your complete credit profile, collateral/property considerations including but not limited to location, equity and value and income/asset consideration including, but not limited to loan to value and debt to income ratios. You might not be matched with the Lender making any specific offer. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Lenders may obtain, verify and record information that identifies each person who opens an account with us and them. Lenders may ask for your name, Social Security Number, address, telephone number, date of birth and other important information including, but not limited to information received from your credit file, that will allow them to properly identify you. During the Lender application process, they may also ask to see your driver’s license or other identifying documentation to further properly identify you.

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 New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and RateMarketplace or its affiliates.

Disputes

Any dispute relating in any way to your visit to RateMarketplace or loans you apply for through RateMarketplace shall be submitted to confidential arbitration in the State of New York, County of New York, except that, to the extent you have in any manner violated or threatened to violate any RateMarketplace intellectual property rights, RateMarketplace may seek injunctive or other appropriate relief in any state or federal court in the state of New York and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Contact Information

If you have any questions or comments relating to our website, these Terms of Use 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
1875 South Grant Street, Suite 950
San Mateo, CA 94402