I. USAGE AND DISCLAIMER
You are authorized to use the Site and Services only for personal use, including for use in connection with residential real estate transactions. You agree to not use the Site or Services for commercial real estate transactions of any kind. THE SITE OR SERVICES PROVIDED ARE NOT INTENDED TO provide you with any financial, real estate, or related advice of any kind. RatePlug assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any consumer takes based on the Services or any other information available through or in connection with the Services. You agree and acknowledge that RatePlug disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through the Site, any email or other communication provided by us, and that we make no warranties, express or implied, with respect to such data or information. You agree and acknowledge that RatePlug is not responsible for any errors in displayed information or delays in displaying information. Issues of data accuracy may be brought to the attention of RatePlug by sending feedback but, but RatePlug is under no obligation to correct the accuracy of such information.
II. AGE RESTRICTIONS
The Site is not intended for children under the age of 18 and no person under the age of 18 may use the Site. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
III. CONTACT INFORMATION OR REGISTRATION
Certain features of the Site or Service, such as but not limited to, data access, chat applications, feedback, data uploads, submission forms, and contact forms, may require registering a valid email address with us. Your email address is personal to you, and you are responsible for maintaining the confidentiality and use thereof, and for all activities that are conducted using your email address.
You agree that RatePlug shall not be responsible or liable for any harm related to the use or disclosure of your email address. You may not use another person’s email address to seek assistance or to submit information or to otherwise engage in communications with RatePlug in the guise of someone else. If you discover that someone has used your email address or are otherwise aware of a security breach in connection with your email address, you agree to notify RatePlug in writing.
IV. THIRD PARTY TOOLS AND PLUGINS
The Site may provide you with access to third-party tools, such as but not limited to certain map applications, mediated or automated response applications (chat apps), or others, which RatePlug does not have any control nor input over the functionality thereof.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
V. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that:
- you will not use screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Site or Services;
- you will not use or access the Site or Content (as defined below) if you are not able to form legally binding contracts (for example, if you are under 18 years old);
- you will not reverse engineer, de-compile or reverse compile any of our technology, including any software or applications associated with the Site and/or the Content;
- you will not reverse engineer license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site, Service or Content in any way;
- you will not (i) interfere with or disrupt the integrity or performance of the Site, Service or Content in any manner; (ii) attempt to gain unauthorized access to the Site or Service; (iii) remove, alter, or obscure any proprietary notices (including copyright notices) of RatePlug or its licensors; (iv) modify or make derivative works based upon the Site, Service or Content; (v) except as may be expressly permitted as a part of the Site or Service, create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device, unless otherwise mutually agreed in writing by the parties;
- build a product using similar ideas, features, functions or graphics of the Site or Service;
Fair Housing Act
RatePlug fully supports the Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended). As such, RatePlug does not engage in business practices that discriminate against persons because of race, color, religion, national origin, sex, familial status, or handicap, and you represent and warrant that your use of the Site and Services shall not constitute a violation of the Fair Housing Act.
Equal Housing Opportunity
RatePlug is pledged to the U.S. policy for the achievement of equal housing opportunity throughout the United States. You represent and warrant that your use of the Site and Services will not engage in acts or schemes to frustrate or circumvent such policies.
VI. OWNERSHIP, COPYRIGHT & CONFIDENTIALITY
The Site is owned and operated by RatePlug. Unless otherwise noted, all design and content included therein, including data, data sets, compilations, text, graphics, logos, icons, images, artwork, audio and video clips, manuals, documentation and software (“Content”) is the property of RatePlug (or is used under license to RatePlug) and is protected by United States and international copyright laws.
RatePlug reserves all right, title and interest in and to such Content. To the extent any portion of the Site or Content is disclosed to you that is not disclosed to the general public or to individuals who have not registered an account with RatePlug, you agree that such portions of the Site or Content are confidential information (“Confidential Information”) of RatePlug. You further agree not to use or disclose any confidential portions of the Site or Content to any third party, or use or disclose such Confidential Information for any purpose not contemplated by this Agreement. To the extent that the Confidential Information is considered under the laws of a relevant jurisdiction to constitute a trade secret, you hereby agree that such Confidential Information shall be maintained in confidence indefinitely.
To the extent that you provide any data or information to the site, you hereby agree to an grant RatePlug, and its successors or assigns, a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, solely in connection with the Service and without any further consent, notice and/or compensation to you or others, any data, information and content provided by you during the course of your use of the Site or Services.
RatePlug, RatePlug.com, and other marks indicated on the Site are trademarks and/or service marks of RatePlug or its affiliates. Other graphics, logos, headers, icons, scripts, and service names are also trademarks or trade dress of RatePlug. RatePlug trademarks, service marks and trade dress may not be used in connection with any product or service, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits RatePlug. All other trademarks related to the Site are the sole property of their respective owners.
VIII. USE OF SITE AND CONTENT
IX. MODIFICATION TO THE SITE
RatePlug reserves the right to modify or discontinue, temporarily or permanently, Site, Content or Services or any part of any of the foregoing with or without notice. You agree that RatePlug shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.
X. COMMENTS AND SUGGESTIONS
We appreciate hearing from our users and welcome your comments and suggestions regarding the Site and Services, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.
If you do submit comments or suggestions, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions, or materials other than those that we have specifically requested. RatePlug values your feedback on our products and our services but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions, or materials. Any feedback, comments, or suggestions that you do send to will become the property of RatePlug and shall not be subject to any obligation of confidentiality on the part of RatePlug. RatePlug shall not be liable for any use or disclosure of any such feedback, comments, or suggestions. RatePlug shall be entitled to unrestricted use of any such feedback, comments, or suggestions for any purpose whatsoever, commercial, or otherwise, without compensation to you or any other person who submitted the information.
The Site may permit you to upload or transmit content such as, but not limited to, text, graphics, images, submissions, articles, message boards posts, user comments, user reviews, or other information and materials (“Provided Materials”).
You agree that all Provided Materials shall be governed according to the following:
(a) any Provided Materials that are subject to an existing agreement between you and RatePlug shall be governed by the terms of that existing agreement;
(b) all documents or content included in the Provided Materials shall be covered by a grant, or warrant, that the owner of such content or intellectual property has expressly granted and hereby does grant RatePlug a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. RatePlug may sublicense its rights through multiple tiers of sublicenses.
Functionality permitting, you may also upload such Provided Materials via official social media platforms relating to the Site or RatePlug (including, without limitation Facebook, Twitter, YouTube, Instagram, collectively “Social Media Platforms”).
XI. PAYMENTS AND FEES
To the extent that you incur payment obligations through your use of the Site or Services, all payment obligations are non-cancelable and all amounts paid are nonrefundable. You shall be solely responsible for all sales and use taxes, network access fees, and regulatory and similar charges applicable to the Service, provided that in those jurisdictions in which RatePlug is required to collect sales tax, applicable sales tax based on the bill-to address and the sales tax rate in effect at the time of purchase will be added to your total price, and all tax collected will be remitted to the appropriate taxing jurisdiction by RatePlug or a third-party payment processing service. RatePlug may require automatic payments by credit card or automated clearing house (ACH). All payments must be made in U.S. dollars.
XII. OTHER SITES
The Site contain links to web sites that are not maintained by RatePlug. We try to include links to only those web sites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such web sites will not change without our knowledge. The inclusion of a link on the Site does not imply our endorsement of the web site. If you decide to use any links to access other web sites, you do so at your own risk.
XIII. GEOGRAPHIC SCOPE
Rateplug.com is directed to people residing in the United States and its territories. RatePlug does not represent that any Content available on or through the Site is appropriate or available in other locations. If you choose to access the Site from outside the United States, you do so at your own risk, and RatePlug shall not be liable for any use or access of the Site from outside the United States.
XIV. NO GUARANTEE
XV. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE, SERVICES, CONTENT, MATERIALS AND INFORMATION PROVIDED BY RATEPLUG ON ANY ITS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU ASSUME THE ENTIRE RISK OF AND AGREE THAT RATEPLUG NOR ANY OF AFFILIATES EXISTING FROM TIME TO TIME (“RATEPLUG ENTITIES”) SHALL HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTIES, AND AGREE TO RELEASE AND DISCHARGE ALL OF THE RATEPLUG ENTITIES FROM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY LOSS, COST, CLAIM OR DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR OTHERWISE) ARISING OUT OF THE SITE, SERVICES, CONTENT OR YOUR USE OR ACCESS TO ANY OF THE FOREGOING OR RELATING TO THE QUALITY, ACCURACY, SECURITY, PERFORMANCE, OR FAILURE OF THE SITE, SERVICES, CONTENT, ANY PROPRIETARY OR THIRD PARTY TECHNOLOGY OR SERVICE WE MAY USE TO PROVIDE THE SITE, SERVICES, CONTENT OR ANY INFORMATION OR CONTENT RECEIVED FROM, OR CREATED BY YOU OR ANY THIRD PARTY. RATEPLUG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON ITS SITE(S). YOU AGREE THAT YOUR ACCESS TO, AND USE OF THE SITE, SERVICES, AND/OR CONTENT IS AT YOUR OWN RISK.
EXCEPT TO THE EXTENT A COURT OF APPLICABLE JURISDICTION FINDS IN A NON-APPEALABLE JUDGMENT THAT SUCH LIABILITY RESULTED DIRECTLY AND PRIMARILY FROM RATEPLUG’ WILLFUL MISCONDUCT OR FRAUD, RATEPLUG’ LIABILITY (WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF RATEPLUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO YOU OR ANY THIRD PARTIES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). IN ANY EVENT, RATEPLUG WILL NOT HAVE ANY LIABILITY (WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF RATEPLUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFIT, BUSINESS, GOODWILL, REVENUE, OPPORTUNITY, USE, OR DATA (IN EACH CASE, WHETHER DIRECT OR INDIRECT), OR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
XVI. INDEMNITY; WAIVER
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
XVIII. APPLICABLE LAW
XIX. DIGITAL MILLENNIUM COPYRIGHT ACT ENFORCEMENT (DMCA)
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting RatePlug’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide RatePlug with its URL or any other pertinent information that will allow RatePlug to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
RatePlug agent for copyright issues relating to the Site is as follows:
Attn: COPYRIGHT NOTICE
1700 N. Park Street, suite 107, Naperville, IL 60563
Last updated: 2022