- The following terms and conditions govern all use of the RateMarketplace (located at www.ratemarketplace.com) website (the Site) and the services and products available at or through the Site (taken together, the Service). The Service is owned and operated by Adchemy, Inc. (Adchemy). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures, including, without limitation, the RateMarketplace privacy policy (located at http://www.ratemarketplace.com/rateMarketplace/privacy-20125.html] that may be published from time to time on this Site by Adchemy (collectively, the Terms of Service).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING THE SITE OR OTHERWISE USING THE SERVICE. BY ACCESSING THE SITE OR USING ANY PART OF THE SERVICE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS THE SITE, SERVICE, OR ANY PART THEREOF. ADCHEMY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER BY OPENDNS, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
In addition, some services offered through the Site may be subject to additional terms and conditions; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of service by this reference. Adchemy may also offer other services that are governed by a different Terms of Service.
- Loan Products and Services. RateMarketplace is an online marketplace where you can research home equity loans and home refinance loans. You understand and agree that if you submit a request for a loan product or service offered through the Service, Adchemy will share your personal information (such as your full name, address, telephone number, and social security number) with clients in our Lender network (collectively referred to as “Lenders”) to process and fulfill your request. Lenders may include banks, correspondent lenders, mortgage bankers, and mortgage brokers. You authorize Adchemy to use your social security number, Year of Birth or your personal information to obtain and use your credit report and credit score for the purpose of matching your request with Lenders. You further authorize Lenders that receive your personal information, social security number, or Year of Birth to obtain and use your credit report and credit score for the purpose of processing and fulfilling your request.
You acknowledge that Adchemy does not make loan or credit decisions in connection with the Service and that Adchemy is not a party to any agreement that you may make with any given Lender, and that the Lender is solely responsible for its services to you. You further acknowledge that Adchemy is not acting as your agent or broker and is not recommending any particular loan product or Lender to you. Any compensation Adchemy may receive is paid by the individual Lender for the products and services rendered by Adchemy to that particular Lender. Adchemy does not charge you a fee to use the Service. You understand that requirements for a particular loan product are made by the individual Lenders and that Adchemy does not endorse, warrant, or guarantee the products or services of any the Lender. Nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. You agree that Adchemy shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the Lender’s service.
By submitting your contact request for a loan product, you are consenting to be contacted by one or more Lenders -- which may include (but is not limited to) Countrywide Financial Corporation, IndyMac Bank F.S.B., Quicken Loans, Inc., and Wachovia Corporation -- either by telephone (on a recorded line), email, or mail based on the information you have provided to Adchemy, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an internal company. You understand that the Lenders may maintain the information you submitted to Adchemy whether you elect to use their services or not. In the event you no longer want to receive communications from a Lender, you shall notify the Lender directly. You also give Adchemy permission to send you periodic updates of current loan products and related products and services which may be of interest to you.
- Other Products and Services. You understand and agree that if you request a product or service other than a loan offered through RateMarketplace (such as a credit card or credit report), Adchemy will share your information with certain business partners to process and fulfill your request. You further agree that our business partners may contact you by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an internal company. You understand that Adchemy business partners may maintain the information you submitted to Adchemy whether you elect to use their services or not. In the event you no longer want to receive communications from an Adchemy business partner, you shall notify the partner directly.
- Use of the RateMarketplace and the Service. You certify to Adchemy that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted to Adchemy, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through RateMarketplace; and, (iv) your use of the Service is subject to all applicable United States federal, state, and local laws and regulations, and (v) you are a legal resident or citizen of the United States and are using the Services only within the United States.
- Prohibited conduct. You must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other system to access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent or restrict access to the Service.
- Privacy Policy. Personal information submitted in connection with the Service is subject to our Privacy Policy. For more information, see our full Privacy Policy.
- Copyright and Trademark Notice Information. All content of RateMarketplace is protected under copyright: Copyright © 2005 - 2007 Adchemy, Inc. 203 Redwood Shores Parkway, Suite 125, Redwood City, CA 94065 and/or its Lenders and third party vendors. All rights reserved. RateMarketplace.com, Adchemy®, Our Science, Your Results® and other Adchemy logos and product service names are trademarks and service marks of Adchemy ("Adchemy Marks"). Without Adchemy’s express prior written permission, you shall not (nor shall you authorize or permit others) to display or use in any manner, the Adchemy Marks. All other logos or brand names shown on the Service are trademarks of their respective owners and/or licensors.
- Proprietary Rights. You acknowledge and agree that RateMarketplace and any necessary software used in the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that all materials and/or content, including, but not limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on RateMarketplace or as part of the Service are copyrights, trademarks, service marks, patents or other proprietary rights of Adchemy or their respective intellectual property owners. Except as expressly authorized by Adchemy, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within the Service or the Software, in whole or in part.
Adchemy grants you a personal, non-transferable and non-exclusive right and license to use the code of its Software on a single computer; provided that you do not copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You shall not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service by any means other than through the interface that is provided by Adchemy for use in accessing the RateMarketplace or the Service.
- Links. Adchemy, through RateMarketplace, the Service, or otherwise, may provide links to other websites. Because Adchemy has no control over such websites, you acknowledge and agree that Adchemy is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products, whether loan, auto, or telecommunications, or other materials on or available from such websites. You further acknowledge and agree that Adchemy shall not be responsible or liable under any legal theory, 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 such content, products, goods or services available on or through any such website.
- Indemnification. You shall indemnify and hold Adchemy, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any liability, claim, demand, damage or expense (including reasonable attorneys' fees and expenses), made by any third party relating to or arising out of your use of RateMarketplace or the Service, the violation of the Agreement by you, or the infringement by you, or any other user of RateMarketplace or the Service using your computer, of any intellectual property, proprietary, privacy or other right of any person or entity. Adchemy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- No Warranty. ADCHEMY PROVIDES RATEMARKETPLACE AND THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ADCHEMY NOR ANY OF ITS SPONSORS, ADVERTISERS, VENDORS OR PARTNERS MAKES ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ADCHEMY AND EACH AND ANY OF ITS SPONSORS, ADVERTISERS, VENDORS OR PARTNERS DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION ON IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
- Limitation of Liability. IN NO EVENT WILL ADCHEMY BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF RATEMARKETPLACE OR SERVICE, EVEN IF ADCHEMY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ADCHEMY WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE ADCHEMY AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS 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, LIABLITIES, 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.
- Notice. Adchemy may provide you with notices, including those regarding changes to the Agreement, either by email, regular mail, or postings on the Service. All notices to Adchemy must be made in writing and mailed to:
Adchemy, Inc.
Attn: Law Department
203 Redwood Shores Parkway, Suite 125
Redwood City, CA 94065
- Termination. You agree that Adchemy may, under certain circumstances and without prior notice, immediately terminate your access to the RateMarketplace or Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Agreement or other incorporated agreements or the Privacy Policy; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Service (or any part thereof); and (iv) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in Adchemy’s sole discretion and that Adchemy shall not be liable to you or any third party for any termination or access to the RateMarketplace or Service.
- Dealings with Third Parties. Your correspondence or business dealings with any third parties as a result of your visit and participation in the Service, including, but not limited to, business dealings with mortgage brokers or lenders, insurance agents or carriers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that Adchemy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Service.
- Disputes. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of San Clara County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, (but without limiting each party’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising from or relating to these Terms of Service (including the enforceability of this arbitration provision) shall be referred to and administered by a single arbitrator in accordance with the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) Streamlined Arbitration Rules and Procedures. The arbitrator shall be affiliated with JAMS and selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in San Francisco, California using the English language and pursuant to the rules of (and administered by) JAMS. Both parties agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service and that all modifications, except as otherwise provided herein, must be in a writing signed by both parties.
THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT ADCHEMY’S PLACE OF BUSINESS IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND ANY ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA.
- Modification to Service. Adchemy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Adchemy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Waiver and Severability of Terms. The failure of Adchemy to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
- Disclosure of Your Information. You acknowledge, consent and agree that Adchemy may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Adchemy, its users and the public.
- Assignment. You may not transfer or assign this Agreement or any of your rights and obligations hereunder without the express prior written consent of Adchemy, give in its sole discretion. However, you acknowledge and agree that Adchemy may freely and without restriction or limitation assign or transfer this Agreement or any of its rights and obligations hereunder.
- Entire Agreement. The Agreement constitutes the entire agreement between you and Adchemy and governs your use of RateMarketplace or the Service, superseding any prior agreements between you and Adchemy. You also may be subject to additional terms and conditions that may apply when you use or purchase certain when you use certain other Adchemy services, affiliate services, third party content or third party software.
- Survival. The following paragraphs shall survive termination or your refusal to continue to use the Service: 4, 5, 6, 7, 8, 10, 11, 12, 13, 15, 16, 17, 20, 21, 22, 23 and 24.
- Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.