TERMS OF USE
Welcome to the Terms of Use ("Service Terms") applicable to RateGator. In addition to RateGator, these Service Terms are also applicable to all RateGator
tools, applications and properties (including mobile applications), related data and other services. Collectively, we call all these Websites, tools,
applications, and properties "Services." Please read this document carefully as it is a legally binding agreement between you and your heirs and
representatives (collectively, "you"), and RateGator ("we," "our," or "us").
1. ACCEPTING THE SERVICE TERMS AND CHANGES TO THE SERVICE TERMS
By accessing or using the Services, you are agreeing to these Service Terms and entering into a legally binding agreement with us. If you do not agree to the Service Terms you may not use the Services or create an account.
As our business grows and improves, we may from time to time change these Service Terms and will post a revised copy on this page. We encourage you to
check regularly for any updates. If we make any material changes to these Service Terms, we will notify you via email or on the Services as appropriate.
Otherwise, your continued use of the Services following such changes will constitute your acceptance of the new terms.
By using the Services, you are agreeing to be legally bound by this agreement, including the binding arbitration clause contained below. We may make
changes to this agreement from time to time, so be sure to check this page regularly.
2. PERMISSIBLE USE
You agree to use the Services for your personal use. Without limitation, lending professionals and institutions are expressly prohibited from using
information provided by RateGator through the Services in making any lending decisions. Subject to the restrictions set forth in the following paragraphs,
you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree
otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse
engineer any portion of the Services.
3. RESTRICTIONS AND ADDITIONAL TERMS
You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for
resale, service bureau, time-sharing or other similar purposes. Further.
a. Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms RateGator, its service providers, suppliers or
any other user. You agree not to use the Services in any way that breaches any policy or notice on the Services. Except as expressly stated herein, these
Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party websites
or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to
reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile
information about real estate, lending, or other professionals, underlying images of or other data or content available through the Services.
b. Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated
activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written
permission from RateGator. As a limited exception, publicly available search engines and similar internet navigation tools ("Search Engines") may query the
Services and provide an index with links to the Services' web pages, only to the extent such unlicensed fair use is allowed by applicable copyright law.
Search Engines are not permitted to query or search information protected by a search verification system ("captcha") which limits access to human users.
c. Calls and Direct Marketing Materials. If you, as a consumer, choose to contact a lender, real estate agent, or any other professional
through the Services by filling out a contact request, other request form on RateGator, entering your information into our website or mobile application,
downloading our mobile application, using our Services or otherwise indicating your consent, you authorize RateGator to provide your name and contact
information and other identifying information you provide to any third party, including lenders, real estate agents and our other partners. Further, if you
request pre-approval from a lender in connection with your contact with us, you authorize RateGator to provide your name and contact information and other
identifying information you provide to the participating lender. You acknowledge that, by submitting your contact request or other request form on
RateGator, by electing to request pre-approval, or by using the Services, you are giving your consent to receive telemarketing calls, direct marketing
materials, electronic communications, short message service (SMS) communications, e-mail advertisements, and advertisements by other electronic means from
or on behalf of the lender, real estate agent, RateGator, or other third parties at the telephone number(s) and/or e-mail address(es) you provide.
The Services may provide phone numbers that can connect you with RateGator, its service providers, or other third parties, such as real estate agents and
mortgage brokers. Some of the numbers listed may be routed through a third party service ("Calling Service"). Calls through the Calling Service may be
recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to RateGator or through a Calling Service, you
consent to such recording and monitoring. RateGator will treat recorded calls in accordance with its Privacy Policy.
d. Materials You Provide; Account Use; Privacy; Third Party Websites. For materials you post or otherwise provide to RateGator in
connection with the Services (you "Submission"), you grant RateGator an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and
translate your Submission, in connection with the Services or in any other media, and (b) sublicense or assign these rights, to the maximum extent
permitted by applicable law. RateGator will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding
sentence. RateGator may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and
represent that you have all rights necessary to grant RateGator the rights in this paragraph and that the Submission complies with Section 2(a) above. You
are solely responsible for all Submissions made through your RateGator account or that you otherwise make available through the Services.
RateGator will treat your use of the Services in accordance with its Privacy Policy. Certain RateGator functionalities may involve the distribution of your
Submission to third parties over which RateGator as no control. RateGator is not responsible for and makes no warranties or representations pertaining to
these third parties, including but not limited to the content, availability, or functionality of such third parties' websites. You are responsible for
ensuring that your Submission complies with the terms of use associated with any such third party website and you understand that your Submission and your
use of a third party website will be treated in accordance with that third party website's own privacy policy.
e. Advertising. RateGator's business is funded, in part, through advertising. You understand and agree that the Services may include
advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, RateGator may serve
advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details.
f. The Role of RateGator. RateGator does not broker lender or real estate transactions. RateGator does not act as a real estate agent for
you or any other user. RateGator does not sell, buy, or negotiate the purchase, sale, or exchange of real property. RateGator does not provide loans, offer
to provide loans, or negotiate loans. Further, RateGator does not lease or rent, offer to lease or rent, or negotiate the lease of real property or
otherwise aid or assist in the lease of real property.
g. Mortgage Information Services. These terms apply to RateGator's mortgage services:
i. RateGator. RateGator allows consumers to provide information to banks, lenders, originators, loan brokers and their employees
(collectively, the "Lenders") to request quotes on terms for home loans. Lenders may elect to respond to consumer requests with non-binding customized
quotes of the terms they would offer to a borrower fitting the consumer's profile, as well as their contact information. These non-binding quotes are not
intended to be Good Faith Estimates as defined in the Real Estate Settlement Procedures Act. RateGator also allows consumers to request that Lenders
pre-approve them for home loans. When consumers submit the required information and request pre-approval from a participating Lender, Lenders may elect to
respond based on parameters established by the Lender. Qualification for pre-approval does not constitute an offer to lend, a commitment for a loan, or a
guarantee of specific rates or terms. If you, as a consumer, choose to contact a Lender through RateGator by filling out a contact request or other form on
RateGator, or otherwise using the Services, you authorize RateGator to provide your name and contact information and other identifying information you
provide to the Lender or other third party, along with your quote or pre-approval request. You acknowledge that, by submitting your contact request or
other request form on RateGator, or by using the Services, you may receive telemarketing calls from or on behalf of the Lender, RateGator, or other third
party at the telephone number(s) you provide. You also acknowledge that, by submitting your contact request or other request form on RateGator, or by using
the Services, you may receive direct response e-mail marketing materials at the e-mail address or addresses you provide. By submitting your name, contact
information and other identifying information, your identity will no longer be anonymous. Any loan or other business conduct is between you and the Lender.
ii. The Role of RateGator; Disclaimer. RateGator is not a Lender, mortgage broker, loan originator, loan processor, or underwriter.
RateGator does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans, or make loans or
credit decisions in connection with loans. RateGator does not take applications for credit or issue pre-approval letters. Any request for quotes or
pre-approval is not an application for credit. RateGator does not endorse or recommend the products of any particular Lender. Nothing contained in the
Services is an offer to lend or a commitment for a loan, and RateGator does not guarantee any specific loan terms and conditions offered to consumers by a
Lender will be granted, or that consumers will be offered any type of loan by any Lender. RateGator is only providing an administrative service to
consumers and participating Lenders. Decisions regarding pre-approval requests are made by participating Lenders and not RateGator. RateGator assumes no
responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services, including
the rategator.com website, and any other information available there. Interest rates provided through the Services are for information purposes only, and
actual interest rates may vary.
iii. Fees. The RateGator website is free for consumers.
iv. Participating Lenders. The Lenders participating on RateGator are solely responsible for their services to consumers. RateGator shall
not be liable for any damages or costs of any type arising out of or in any way connected with any consumer's use of the RateGator website, application, or
the services offered by Lenders. RateGator is not responsible for any errors or delays caused by consumers or any Lenders in the loan process. RateGator
reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any Lender or other user from
RateGator. When an individual Lender applies for RateGator, RateGator uses commercially reasonable efforts to confirm the Lender's license (in the states
claimed by the Lender) and/or employment with a lending institution. However, consumers should confirm credentials if they choose to contact the Lender.
v. Privacy. RateGator will not provide personally information about consumer's consent. However, RateGator may use such information
without the consumer's consent to improve the relevance of advertising shown to consumers. Please consult the Privacy Policy for more information.
vi. Lender Terms. Lenders participating on RateGator are further subject to RateGator's Lender terms of use.
h. Linked Materials and Third-Party Material The Services may include links to third-party products, services and websites, as well as
materials provided by third parties. RateGator does not endorse, and takes no responsibility for such products, services, websites, and materials. You
understand that RateGator has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your
dealings with any third party arising in connection with the Services are solely between you and such third party, and RateGator takes no responsibility
for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
i. Claims of Copyright Infringement. RateGator respects the intellectual property rights of others, and asks that everyone using the
Services do the same. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may
notify RateGator's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
i. Identifying the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a
representative list of the copyrighted works that you claim have been infringed.
ii. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the material, including (if the Content is on our website) the URL of the link shown
on the website where such material may be found.
iii. Include your mailing address, telephone number, and, if available, email address, so that the copyright agent may contact you about your complaint.
iv. Make a signed statement that the above information is accurate (this statement must include your full legal name and your electronic or physical
signature); that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and,
under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
By mail:
RateGator
405 Lexington Avenue 26th Floor
New York City, NY, 10174
Attention: Copyright Agent
By e-mail: info@rategator.com
If you give notice of copyright infringement by text e-mail, RateGator's copyright agent may begin investigating the alleged copyright infringement;
however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
j. Intellectual Property. The Services (including the selection, compilation, arrangement, and presentation of all materials and the
websites, tools, and applications) are the property of RateGator, and subject to the intellectual property rights of RateGator and its licensors under
United States and international law. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the
Services, and you acknowledge that use of our content without our express prior written permission is strictly prohibited.
You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong
to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items. The
names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted
herein are reserved.
You may not frame the websites. You may link to the websites, provided that you acknowledge and agree that you will not link the websites to any website
containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any
intellectual property, proprietary, privacy, or publicity rights.
The content on the Services is copyrighted. You may not alter it or change any copyright notices without our permission. You may not use your own web
design skills to put "frames" around our websites and pretend they are yours. You also may not link to our websites from websites that contain content we
would find objectionable.
k. NO WARRANTY. RateGator PROVIDES THE SERVICES 'AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RateGator AND ITS SUPPLIERS MAKE NO
REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. RateGator AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS,
EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR
USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
l. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL RateGator OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS
OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH
IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED
UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C)
NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH
ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST RateGator OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES,
THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
m. Changes; Discontinuance. RateGator reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will
be effective immediately upon posting the revised version of these Terms of Use to RateGator's websites. Your continued use of the Services after the
effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific
notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. RateGator may alter, suspend or discontinue
the Services at any time to you and/or to others, without notice.
n. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of New York, without giving effect to its conflict of
laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Saratoga County, New York for any and
all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement,
the prevailing party will be entitled to attorney's fees and expenses.
o. Indemnification. You agree to defend and hold RateGator, its affiliates, and their respective directors, officers, employees, and
agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the
Services, your violation of any law or the rights of a third party, or any Submission made through your RateGator user account or that you otherwise make
available through the Services.
p. Release. You release RateGator, its affiliates, and their respective directors, officers, employees and agents from all liability
related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive
California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his
or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
q. General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in
compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the United States
Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determine to be invalid or unenforceable,
then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of
the parties and have no legal or contractual significance. RateGator may assign this Agreement, in whole or in part, at any time with or without notice to
you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. RateGator's failure to act with respect
to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms
of Use constitute the entire agreement between you and RateGator with respect to the Services and supersede all prior or contemporaneous communications of
any kind between you and RateGator with respect to the Services. All sections of these Terms of Use shall survive any termination of these Terms of Use.
r. Contact Us. For questions about the Services, you should contact RateGator at info@rategator.com or (800) 663-9128.
-Updated July 16, 2015
