Terms of Service

Effective Date January 1, 2020

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. 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 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

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 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:

support@ratemarketplace.com

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.

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 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”).



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.

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.

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