Terms & Conditions

Last Updated: September 18, 2016

Welcome to the RateGravity, Inc.. (“RateGravity”) website located at www.RateGravity.com (the “Site”). Please read these Terms and Conditions (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your access and use of our Site and services available via the Site, which can be used to aggregate personal and financial data into a single experience and qualify for a loan. These Terms are a binding legal contract between you and RateGravity, which sets forth your rights and obligations with respect to the Site, including important limitations and exclusions. To make these Terms easier to read, the Site and our services are collectively called the “Services.”

The Services are for general informational purposes. They are not a substitute for actual legal, investment or professional advice from a licensed competent individual in their field of expertise. The information and services offered on this Site are provided with the understanding that RateGravity, is not engaged in rendering legal or other professional services or advice. Your use of the Services is subject to the additional disclaimers and caveats that may appear throughout the Site.

Agreement to Terms

By using the Services, you expressly agree to be bound by the terms and conditions herein, as of the date of your use (the “Effective Date”). Your use of the Services always is subject to these Terms and the Privacy Policy. If you do not agree to these Terms, you may not use the Services. You agree that your use of the Services always will be subject to the most current version of these Terms at the time of such use. The Services are intended for use only by users who are at least 18 years of age.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. You can always find the current version of these Terms by checking www.rategravity.com/terms. You should do so frequently.

Who May Use the Services

Eligibility

You may use the Services only if you are 18 years or older and capable of forming a binding contract with RateGravity and are not barred from using the Services under applicable law.

Registration and Your Information

If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t share your Account password with anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Using the Services

Through the Services, Account holders may be provided the opportunity to submit personal or financial information (collectively, “User Information”) and to qualify for a loan. Users may submit their User Information by using an online form or by uploading documentation. Account holders may also import User Information maintained by third parties and third-party services with whom they have an account or contractual relationship (“Third-Party Information”).

When submitting User Information to qualify for a loan on the Site, you agree to provide current, complete, and accurate information about yourself. RateGravity is not responsible for the accuracy or legality of the User Information you submit, including any Third-Party Information you import. If any User Information you submit is untrue, inaccurate, not current or incomplete, RateGravity has the right to terminate your Account or any loan qualification. Except as prohibited by law, RateGravity reserves the right to decline your loan application for any reason. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or RateGravity cannot verify your identity, we can refuse to allow you to use the Services.

Detailed Services

The RateGravity service allows you to complete a residential mortgage qualification. To participate in this service, you agree to provide requested information to RateGravity after agreeing to the full Electronic Consent, these Terms of Service and our Privacy Policy). Upon completion of your qualification, you may elect to receive offers from Lenders.

A. Terms Applicable to All Mortgage Loan Inquiry Services

RateGravity is a loan qualification and online marketplace that enables consumers to receive offers for mortgage loan products, and is required to be licensed as a Mortgage Broker. RateGravity DOES NOT take formal mortgage applications (commonly referred to as Form 1003). RateGravity DOES NOT make loans or credit decisions in connection with loans, nor does RateGravity issue commitments or lock-in agreements. Any loan inquiry you submit is NOT an application for credit. Rather, it is an inquiry to be matched with Lenders to receive loan offers from Lenders. You will have to complete a formal application with the Lender you choose before they will extend an unconditional offer. A Lender you select may require you to pay an application or other fee to cover the costs of an appraisal, credit report or other items. The Lender, not RateGravity, will determine the amount of any such fee and should provide information to you regarding the refundability of any such fee. RateGravity does not endorse or recommend the products of any particular Lender. Except as otherwise provided for your state, RateGravity is not an acting as your agent or as the agent of any Lender. You should rely on your own judgment in deciding which available loan product, terms and Lender best suits your needs and financial situation. The Lender is solely responsible for its services to you, and you agree that RateGravity shall not be liable for any damages or costs arising out of or in any way connected with your use of its Services. You understand that Lenders may keep your loan request information and any other information provided by RateGravity, Inc. 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. In addition, the information you provide RateGravity is required to be housed and securely maintained for State Licensing Record Retention requirements and cannot be removed, purged, or destroyed until the expiration of the individual state prescribed period. Lenders may also from time-to-time be required to share your completed Loan information with RateGravity in order to adhere to State Licensing Record Retention requirement, and for internal marketing and analytics, you are providing express written consent for the retention of the same upon completion of an inquiry form for RateGravity and the selected Lender to share this information for this purpose.

The Websites and the Services provided by RateGravity are available in connection with mortgage loans made on real property located in the Commonwealth of Massachusetts. Loans may only be made 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. RateGravity 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.

The data and other information you may provide RateGravity is not, and is not treated as, an application for a loan. RateGravity 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. Likewise, RateGravity 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. RateGravity’s Network of Lenders does not represent all potential Lenders in your area. You are free to select any Lenders to speak with to shop and compare your mortgage product, but you may also choose none and compare additional local Lenders who may in fact have better and/or lower products, rates, and terms. 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. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Lenders may not offer all products as well as not offer products in all states.

You might not be matched with the Lender making any specific offer. RateGravity will continue to attempt to match you for up to twenty-four hours for online matches

RateGravity will perform a soft pull of credit regardless if you provide your SSN or not. In order to help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, RateGravity and its Lenders may obtain, verify and record information that identifies each person who opens an account with us and them. RateGravity and its 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 us and them to properly identify you. It is possible that a Lender may perform a soft inquiry on your credit at the same time for the same or similar purposes, but the soft inquiry into your credit does not impact your credit score. Not all lenders will receive your Social Security Number and, for those that do, not all will perform the soft inquiry of credit. During the Lender application process, they may also ask to see your driver’s license or other identifying documentation to further properly identify you; in addition the Lender will be required to do a hard inquiry of your credit that will impact your credit score.

RateGravity is paid a fee by Lenders for the goods, facilities and services provided. Lenders are not to directly charge you for any such fee. If you do in fact close a loan with a RateGravity marketplace Lender, or any other Lender you choose, at closing you will be responsible for paying for any settlement or closing costs associated with your loan (such as loan processing, underwriting, or funding fees, title insurance premiums, notary fees, etc.).

RateGravity does not charge you a fee for its services.

When you complete an inquiry online, by clicking on any button indicating an acceptance, acknowledgement or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a lending product through the RateGravity Marketplace which will match you with participating lenders. If you do not receive any offers, RateGravity will continue to try to find you matches for similar mortgage products for which you sought as well as alternative products

You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications From RateGravity,Inc. and its Network Lenders. You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that RateGravity, and one or more of its Lenders with whom you are matched, may access your credit file even if your Social Security Number is not provided (via a soft inquiry of credit) to perform its anti-money laundering due diligence and/or for other reasons in compliance with other federal regulations. In addition, upon clicking any button indicating acceptance, acknowledgment or agreement to these and other terms, you have received and reviewed and, where applicable, signed the necessary required RateGravity State Specific Broker Agreement. By submitting the loan inquiry online you are in effect providing your electronic signature, you are extending an express invitation to receive offers from participating lenders and you may be contacted by telephone or email at the numbers and email address you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Lenders or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. In addition, you are providing express written consent that RateGravity, a Lender that has made you an offer or an associated third party (Partner) may use an automatic dialing system or by pre-recorded message in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. By submitting your inquiry for a loan product, you are consenting to be contacted by one or more Lenders which may include any one of our RateGravity Marketplace Lenders, who may either by telephone (on a recorded line), email or mail based on the information you have provided to us, even if your telephone number or e-mail is on a corporate, state, or the National Do Not Call Registry. In addition, you are consenting, acknowledging and agreeing to RateGravity, Inc. and the applicable Lenders Terms of Use and Privacy Policy.

By saving your information with RateGravity or by completing a loan inquiry you give RateGravity permission to retain all information you submitted for the prescribed State Specific Record Retention period and to make live, manually dialed, automatic dialed or pre-recorded calls, emails, direct mailing or other communication to discuss, provide or remind you of any information in relationship to your submission, including incomplete loan inquiry, the delivery of loan request matches, deadlines, quality of services or other matters in connection with your loan inquiry. For any service, you represent that all of the information you have provided in your submission and loan inquiry is true, accurate and complete to the best of your knowledge.

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 RateGravity Customer Service at 844-947-2848  or by emailingsupport@rategravity.com.

When you “submit” information, create an account or otherwise register for services through RateGravity and its Companies’ website or otherwise, you hereby understand and agree that you have established a business relationship between you and RateGravity, Inc., which is the owner of this site. Accordingly, RateGravity, Inc. and/or its Companies may send your information to its affiliates, Lenders/Partners as provided in the Privacy Policy. In addition, you agree that RateGravity may contact you using information you provided with information and offers of services available through RateGravity and the Websites. You hereby provide express written consent to any such communication or phone calls even if your phone number is on any Do Not Call list, federal, state or corporate. You also agree that calls may be placed live, by automatic dialing, and/or by pre-recorded message. Charges may apply to a mobile phone if that is the number you provided. Communications may also be by email, direct mail, and/or text message. If at any time you do not wish to continue to receive communications from RateGravity, Inc. or its Companies’ or its affiliates’ communications, you may modify your preferences by clicking here. In addition, you agree to notify RateGravity Support at844-947-2848  or by emailing privacy@rategravity.com directly if you no longer want to receive other forms of communications from us.

Credit Report Terms of Service

Please carefully review the following rules that govern our Credit Reporting Policy. This policy applie to the World Wide Web site owned, operated, licensed, and controlled by RateGravity Inc., located at rategravity.com, and all associated RateGravity sites linked to this Web site (collectively, the “Site”). This Site is the property of RateGravity. By using this Site and requesting a credit inquiry, you agree to our Credit Reporting Policy, Terms and Conditions of Use, and Privacy Policy. If you do not agree, do not use this Site.

RateGravity reserves the right at its sole discretion, to change, modify, add or remove portions of this Credit Reporting Policy, Terms of Use, and our Privacy Policy, at any time. It is your responsibility to check these policies and terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these terms and policies, RateGravity grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Use of Credit Profile for Pre-Qualification and Identity Verification

By requesting to receive loan offers from our lender partners, you are certifying that you understand the services being requested are regulated by the Fair Credit Reporting Act and that permissible purpose is required. Any special procedures established by RateGravity for obtaining your authorization to receive information from your personal credit profile from Experian have been met. Furthermore, you certify that you have initiated a transaction with RateGravity, and that the services being requested will be used solely to pre-qualify you and to confirm your identity to avoid fraudulent transactions in your name.

Consumer Credit Inquiries

We may request consumer reports on you in connection with your pre-qualification for credit and subsequently by our lender partners in connection with any extension of credit, update, renewal, review or collection of your account or any other lawful purpose. You are allowed to receive one free credit report under the Fair Credit Reporting Act from each of the three U.S. national credit reporting agencies (Experian, Equifax, and TransUnion) during any twelve-month period. You may also be able to receive free credit reports as permitted by state law (you may contact your state or local consumer protection agency or state attorney general to learn more about your rights under state law). For information on obtaining a free credit report from Experian, Equifax or TransUnion you may contact them directly at www.experian.com, www.equifax.com and www.transunion.com.

Third-Party Information

If you choose to import Third-Party Information, you will be directly connected to the third-party website that maintains such Third-Party Information (“Third-Party Website”). RateGravity will submit information, including usernames and passwords, that you provide to log into the Third-Party Website (such information comprising a “Third-Party Login”). You hereby authorize and permit RateGravity to use and store Third-Party Logins submitted by you to accomplish the foregoing. For purposes of these Terms and solely to import Third-Party Information from the Third-Party Website pursuant to your request, you grant RateGravity a limited power of attorney, and appoint RateGravity as your attorney-in-fact and agent, to access the Third-Party Website, retrieve the Third-Party Information and use the Third-Party Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you would do yourself. YOU ACKNOWLEDGE AND AGREE THAT WHEN RATEGRAVITY IS ACCESSING AND RETRIEVING THIRD-PARTY INFORMATION FROM ANY THIRD-PARTY WEBSITE, RATEGRAVITY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT MAINTAINS THE WEBSITE. Your access to the Third-Party Information is governed solely by the agreement between you and the operator of the Third-Party Website. If you choose to import Third-Party Information, you are responsible for ensuring that such action complies with the applicable Terms and Conditions between you and the Third-Party Website. RateGravity cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. RateGravity cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

Privacy Policy

RateGravity recognizes the importance of protecting the privacy of Site users and wishes to provide efficient and relevant information to such users. In order to serve its customers, RateGravity collects and analyzes information provided by you when using the Site. Our Privacy Policy describes RateGravity’s information practices and procedures for personal information we collect at this Site. We strongly urge you to read our Privacy Policy, which is available here

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide to be made available through the Services, including User Information and any Third-Party Logins that you provide. Content includes without limitation User Content.

Content Ownership and Responsibility

RateGravity does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, RateGravity and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to RateGravity a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon and distribute your User Content in connection with operating and providing the Services and Content to you, including, without limitation, for developing, manufacturing and marketing products. Terminating your account on the Site will not impact any of the rights of RateGravity to any of the User Content. RateGravity may refuse or remove User Content without notice to you. However, RateGravity has no obligation to monitor User Content, and you agree that neither RateGravity nor its affiliates, employees or agents will be liable for User Content or any loss or damage resulting from User Content. Except as provided in the Privacy Policy, RateGravity does not guarantee that User Content will be private, even if the User Content is in a password-protected area. Accordingly, you should not provide User Content that you want protected from disclosure to others.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that your User Content is accurate to the best of your knowledge. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by RateGravity on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Rights in Content Granted by RateGravity

Subject to your compliance with these Terms, RateGravity grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to:

RateGravity, Inc.
50 Milk Street / 19th Floor
Boston, MA 02109

All of the content included in this Site is subject to the copyright laws of the United States and other applicable jurisdictions and RateGravity or its suppliers owns all the copyright rights associated with this content. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be sent to the Designated Agent listed above. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. ALL OTHER INQUIRIES NOT COPYRIGHT RELATED, SUCH AS REQUESTS FOR PRODUCT INFORMATION, EMPLOYMENT, ETC. MUST BE SENT TO THE FOLLOWING CONTACT: support@rategravity.com

See Notice for Claims of Copyright Infringement Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be 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 RateGravity to locate the material.
  4. Information reasonably sufficient to permit RateGravity to contact the complaining party, such as an address, telephone number, and, if available, an email address.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

Notifications

As part of the Services we provide, you may receive notifications, alerts or other types of messages from RateGravity. By providing us with your e-mail address, you agree to receive all required notices electronically. You are responsible for updating your email address on the Site, as necessary.

General Prohibitions and RateGravity’s Enforcement Rights

You agree not to do any of the following:

  • upload, submit, import or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates any applicable law or regulation or would give rise to civil liability; or (iii) is fraudulent, false, misleading or deceptive;
  • use, display, mirror or frame (i) the Services or any individual element within the Services; (ii) RateGravity’s name, any RateGravity trademark, logo or other proprietary information; or (iii) the layout and design of any page or form contained on a page, without RateGravity’s express written consent;
  • access, tamper with, or use non-public areas of the Services, RateGravity’s computer systems or the technical delivery systems of RateGravity’s providers;
  • attempt to probe, scan or test the vulnerability of any RateGravity system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by RateGravity or any of RateGravity’s providers or any other third party (including another user) to protect the Services or Content;
  • attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by RateGravity or other generally available third-party web browsers;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  • interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • violate any applicable law or regulation; or
  • encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, and the Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your actions or any User Content to be in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third-Party Websites or Resources

The Services may contain links to third-party websites or resources (“Affiliate Sites”). We provide these links only as a convenience and are not responsible for the content, products or services on or available from Affiliate Sites. These Terms apply only to your use of the Services. These Affiliate Sites may have their own terms of use and privacy policies, which RateGravity does not control and are not addressed by these Terms. RateGravity does not monitor, endorse or guarantee, and assumes no responsibility for, Affiliate Sites or any transactions or information you may undertake or receive from Affiliate Sites. RATEGRAVITY HAS NO CONTROL OVER AFFILIATE SITES OR THE CONTENT, TRANSACTIONS OR SERVICES WITHIN THEM. RATEGRAVITY CANNOT AND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE CONTENT CONTAINED IN THE AFFILIATE SITES, INCLUDING OTHER LINKS, IS ACCURATE, LEGAL OR INOFFENSIVE. RATEGRAVITY HAS NO LIABILITY FOR AFFILIATE SITES’ FAILURE TO PERFORM OR ANY ERRORS IN OR OMISSIONS REGARDING ANY INFORMATION WITHIN AFFILIATE SITES. RATEGRAVITY DOES NOT REPRESENT OR WARRANT THAT AN AFFILIATE SITE WILL NOT CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL CODE THAT COULD IMPACT YOUR COMPUTER OR OTHER WEB ACCESS DEVICE. RATEGRAVITY DISCLAIMS ANY AND ALL LIABILITY FOR, OR IN CONNECTION WITH, ANY TRANSACTION OR ACTIVITY RELATED TO AFFILIATE SITES. If you have a specific dispute or concern related to the content, product or services that needs to be addressed by an Affiliate Site, you should contact the Affiliate Site and not RateGravity. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us atcontact@rategravity.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: “Content and Content Rights,” “Content Ownership and Responsibility,” “Termination,” “Warranty Disclaimers,” “Indemnity,” “Limitation of Liability,” “Dispute Resolution” and “General Terms.”

Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Indemnity

You will indemnify and hold harmless RateGravity and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability

NEITHER RATEGRAVITY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RATEGRAVITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL RATEGRAVITY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO RATEGRAVITY FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO RATEGRAVITY, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RATEGRAVITY AND YOU.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and RateGravity agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide RateGravity with written notice of your desire to do so by email or regular mail at 50 Milk Street/19th Floor, Boston, MA 02109 within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide RateGravity with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide RateGravity with an Arbitration Opt-out Notice, any Dispute will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide RateGravity with an Arbitration Opt-out Notice, you acknowledge and agree that you and RateGravity are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and RateGravity otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and RateGravity otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and RateGravity submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. RateGravity will not seek, and hereby waives all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $25,000, RateGravity will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if RateGravity changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@rategravity.com within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of RateGravity’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and RateGravity in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between RateGravity and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between RateGravity and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction, if you opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without RateGravity’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. RateGravity may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by RateGravity under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

RateGravity’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RateGravity. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact RateGravity at:

Phone: 844-947-2848
Email: support@rategravity.com
RateGravity, Inc.
50 Milk Street / 19th Floor
Boston, MA 02109