Please read below to understand your rights and how we use the information we gather.
Effective Date: June 26, 2017
Welcome to the Rateous service hosted by True Rate, LLC (hereafter also referred to as “Rateous,” “we”, “us” and “our”). We hope that you find our website to be a useful and educational part of your car-buying experience. Please review the following terms and conditions concerning your use of and access to the Rateous website located at www.Rateous.com (“Website”), and any products or services offered therefrom (collectively referred to hereafter as, the “Services”). By visiting the Sites, you are consenting to our collection, use, disclosure, retention, and protection of information about you and devices you use as described in this Notice.
In compliance with the Children's Online Privacy Protection Act, Rateous does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website, we will immediately delete such information.
We respect children’s privacy. We do not knowingly or intentionally collect personal information from children under age 13. Elsewhere on the Website, you have represented and warranted that you are either 18 years of age or using the Site with the supervision of a parent or guardian. If you are under the age of 13, please do not submit any personal information to us, and rely on a parent or guardian to assist you. This Notice does not apply to anonymized or aggregated data that does not allow us or third parties to identify or contact you.
Information Rateous Gathers:
We may collect and retain any and all information that you provide us through our website, through email communication, through telephonic communication as well as any other communications channels available.
Rateous may collect and retain information such as, but not limited to, your first and last name, home or physical address, employment information, city, state, zip code, telephone number, current vehicle information (if applicable) such as year, make, miles, current lender, current payment amount, current interest rate, current payoff and information our your interaction with us or others and other information.
Collection and Use of Your Information:
When you indicate that you would like to receive more information about Rateous and its products, services or offers, your name, address, city, state, zip code, email address and telephone number may be provided to Rateous and affiliated dealerships and lenders.
Information Directed To Affiliated Dealerships:
When you are ready to purchase a vehicle we will submit your information to dealerships and its products, services or offers, your name, address, city, state and zip code, email address and telephone number is collected by Rateous and treated in accordance with the dealer’s privacy statement.
You may use social networks or other online services to access our Website. When you do so, information from those services may be made available to us. By associating a social network account with our Sites, you agree that we may access and retain that information in accordance with the policies of the social network or other online service and this Notice. For example, we may be able to access account or profile information that you have provided to the social network or information about your interactions with the social network to make information available to us (such as when commenting on a blog post or using a sign-on service, such as Facebook Connect).
Automatic Information Collected:
Information may be automatically collected when you visit our website such as: Your IP address, which browser; Device and operating system you use; The pages you visit and the time and date, the information you provide in the rate calculator; The address to the site you navigated from and to; Information related to your Internet service provider.
At this time, this website does not currently honor do no track signals from a website browser. However, you may refuse or delete cookies. Please refer to your browser Help instructions to learn more about cookies and other technologies and how to manage their use. If you elect to refuse or delete cookies, you will need to repeat this process if you use another computer, or change browsers. If you choose to decline cookies, some of the functionality of a website may be impaired.
We may collect information regarding the effectiveness of our email campaigns and communication with you. We may know if you open, read and/or click a link within our email messages to you.
We may collect session and geolocation information from your mobile device. Geolocation information includes data such as your device’s physical location and may include GPS-based, WiFi-based or cell-based location information.
Information from Other Sources:
We may obtain information about you from affiliates, partners, automobile dealers and other third parties. This information may include information about your use of this Website or our services, your use of other websites, your interactions with or purchases from automobile dealers, your interests and preferences and other information about you or your household. We may combine the information we obtain from third parties with information that we or our affiliates have collected about you
This website may contain links to third-party sites not controlled by Rateous or covered by this Privacy Statement, such as those belonging to an independent product review site. We recommend that you check the Privacy Statement of other sites you visit before providing any personal information on those other sites.
How We Use Your Information:
Rateous and others acting on our behalf may use the information we collect, receive or is provided by you to conduct our business, including our website. The use of the information we gather is to operate our website and our services to you.
When you use our service, to request an interest rate from the Rateous calculator and after you provide your contact information, we may use the information you provide us to allow you to connect with a limited number of automobile dealers. We will only provide automobile dealers with the contact information that you provide us. We may also notify a dealer when you are at the dealer’s location via geolocation information that we collect. When you choose to share your contact information with dealers, your direct interactions with those dealers will not be controlled by this Notice. You should review the applicable notices of those dealers to understand how they may use your information.
We may identify your use of our website across devices and use that information to optimize the use of our website and services.
We will also use the information gathered to evaluate and improve our website and services, including developing new technologies, products and services.
We may contact you through email, telephone, text or chat for other purposes as permitted by law.
Choices You Have Regarding Your Information:
You may limit the information you share with us. You may not be able to use all of the features of our website and services. You may choose not to access our website through your social media account. You may also be able to limit the information provided to us by third party social media providers by adjusting your privacy settings through those providers. You may unsubscribe from promotional email communication from us by using the unsubscribe link.
User Metric Tools may be limited through your browser and possibly your device settings. Consult with those corresponding companies information and documentation regarding limiting your information.
You can update or change the information you provided to Rateous by emailing us at firstname.lastname@example.org.
By using our website and services, you agree that any dispute that arises out of or related to our website and services, the websites content or the services or materials made available on our website, or regarding the information collected or share about you, is subject to the Arbitration Agreement in our Terms of Service.
True Rate, LLC
Rateous Terms of Service
Please read below to understand your rights, use of our website and services, and how we use the information we gather.
Effective Date: June 26, 2017
Welcome to the Rateous service hosted by True Rate, LLC (hereafter also referred to as “Rateous,” “we”, “us” and “our”). We hope that you find our website to be a useful and educational part of your car-buying experience. Please review the following terms and conditions concerning your use of and access to the Rateous website located at www.Rateous.com (“Website”), mobile application (“App”), and any products or services offered therefrom (collectively referred to hereafter as, the “Services”). By accessing, using, subscribing, purchasing or downloading any materials or content from Rateous or via the Services, you agree to follow and be bound by the following terms of service (the “Terms of Service”) and any other terms and conditions embodied by any other agreements you enter into with us, all of which constitute a legal agreement between us and you. If you do not agree with the Terms of Conditions, you may not use the Services.
Acceptance of Terms of Service
Rateous provides users with an online, automotive financial interest rate calculator, along with information and communications platform, as well as related services that can be accessed from or through this website and/or app (collectively, “Services”). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services. These Terms of Service also apply to any co-branded or framed version of this website. Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service. This website is controlled and operated by True Rate, LLC from its offices within the United States. Rateous makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
PLEASE BE ADVISED THAT THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE SEE THE GOVERNING LAW AND DISPUTE RESOLUTION SECTION FOR MORE DETAILS.
In compliance with the Children's Online Privacy Protection Act, Rateous does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website, we will immediately delete such information.
We respect children’s privacy. We do not knowingly or intentionally collect personal information from children under age 13. Elsewhere on the Website, you have represented and warranted that you are either 18 years of age or using the Website with the supervision of a parent or guardian. If you are under the age of 13, please do not submit any personal information to us, and rely on a parent or guardian to assist you.
Changes to the Terms of Service:
We reserve the right to change these Terms of Service at any time by posting an updated version to reflect those changes and that will go into effect on the Effective Date. Changes to the Terms of Service may arise for a variety of reasons, including without limitation, changes in market conditions affecting our business, technology or our business model, relevant laws and regulatory requirements, and our systems. We will give you notice of the updated Terms of Service by posting the revised terms on the Website and App and by sending an email notice to you using the contact information you have provided us and/or by posting a notice on the Website and App. You agree to keep the contact information you provide to us up-to-date and to periodically review the Terms and Conditions from time to time to take notice of any changes we make, as they are binding on you. Continued access or use of the Services shall be deemed conclusive evidence of your acceptance of any modified Terms of Service.
Customer Account Access/Security:
In order to utilize certain Services, you may need to create a customer account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your computer; and (e) promptly notify us if you discover or otherwise suspect any security breaches relating to the Services or your account.
Information available via the Services:
Rateous provides an online platform (“Platform”) that connects individuals like you with third party entities that have products or services that they wish to offer (“Third Party Providers”). You understand that when using the Services, you will have access to or otherwise be exposed to products, services and content (collectively, “Content”) from a variety of sources, and that Rateous is not responsible for the quality, usefulness, safety, legality or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Rateous with respect thereto, and agree to indemnify and hold Rateous, its successors, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.
We reserve the right to amend or terminate the Services without warning. Unless otherwise agreed to by us in writing, all features, content, specifications, products and services described, depicted or made available via the Services are subject to change at any time without notice, except as may be required by applicable law.
Auto Loan Rate Algorithm:
Rateous provides you with an automotive interest rate calculator that is derived from our proprietary algorithm.
The Rateous Platform enables consumers to determine an automotive interest rate based on real world lending practices known as Risk Based Pricing but Rateous does not guarantee that any individual will qualify for the interested rate they are presented with. Rateous also does not guarantee that the interest rate shown will be the best and/or lowest interest rate available to that user. Rateous is not a creditor, lender nor do we facilitate the acquisition of any loan. Rateous does not make loans or credit decisions in connection with loans. Any interest rate inquiry you submit is not an application for credit. Instead, it is an inquiry as to what a users potential interest rate will be when they apply for a loan through a car dealership and/or lending institution. You will have to complete a formal application with the dealership and/or lending institution to determine your final interest rate. Rateous does not endorse or recommend the products of any particular dealership or Lender. You should rely on your own judgment in deciding which available loan product, terms and Lender (if any) best suits your needs and financial situation. The Lender is solely responsible for its services to you, and you agree that Rateous will not be liable for any damages or costs arising out of or in any way connected with your use of the Lender’s services. Rateous does not guarantee acceptance by any particular Lender or any specific terms or conditions with any Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, Rateous does not guarantee that the loan terms or rates presented will be the best terms or lowest rates available. You are free to work with a Lender or not. 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 credit profile. You understand that Rateous may keep the information and any other information provided by you in the processing of your interest rate for any required retention period.
Incentives/Rebates Offered by Manufactures:
Rebates, customer cash, dealer cash, coupon offers, and other incentives provided by vehicle manufacturers are subject to the terms specified by the manufacturer. These terms include, among others, the timeframe of the offer and limitations on quantities and/or combinations with other offers.
Usage and Ownership of Customer Information:
YOU HEREBY AUTHORIZE THE COMPANY, ALONG WITH ANY ADDITIONAL BROKERS OR THIRD PARTIES NECESSARY TO COMPLETE YOUR VEHICLE PURCHASE AND/OR LOAN INQUIRY TO CALL YOU AT THE NUMBER YOU HAVE PROVIDED BY LIVE DIALING, AUTOMATED DIALING OR PRE-RECORDED MESSAGE EVEN IF YOU ARE ON A DO-NOT-CALL LIST. YOU ACKNOWLEDGE AND AGREE THAT YOUR CONSENT IS NOT BEING GIVEN AS A CONDITION OF PURCHASING ANY PROPERTY, GOOD OR SERVICE. YOU HAVE THE RIGHT TO REFUSE OR REVOKE SUCH CONSENT. YOU MAY UPDATE YOUR PREFERENCES AT ANY TIME BY CONTACTING CUSTOMER SUPPORT AT INFO@RATEOUS.COM AND INFORMING US OF YOUR PREFERENCES. IF YOU PROVIDED A MOBILE NUMBER, CHARGES MAY APPLY. IF YOU PROVIDED AN EMAIL ADDRESS, Rateous AND THE LENDERS MAY SEND YOU COMMUNICATIONS ELECTRONICALLY UNTIL YOU OPT OUT FROM THE SAME.
By clicking “Get Rateous” (or any button indicating acceptance) you are certifying that all of the information you have provided in your rate inquiry is true, accurate and complete to the best of your knowledge.
When you actually apply for a loan, Lenders may require additional information prior to providing an actual offer. In these situations, the Lender(s) may contact you directly to discuss your loan request and to discuss the specific terms of your offer(s). NOTE: You are providing express written consent for Rateous and the selected Lender to share your private personally identifiable information for purposes permitted or required by law.
Restrictions on and Termination of Use of the Services:
We have the right to suspend or close any account with us and block your use of our Services if you have failed to comply with any part of the Terms of Service (as determined by us in our sole discretion). You are responsible for ensuring that any and all persons you authorize to use your account with us are aware of the Terms of Service, and that they fully comply with them. We reserve the right to refuse to provide access to the Services to any person or organization for any reason. You may only use the Services for your own lawful purposes. It is your obligation to comply with all applicable state, federal and international laws. In consideration of being allowed to use our Services, you agree that any of the following actions shall constitute a material breach of these Terms of Service:
• Collecting information about our Services without our prior written consent;
• Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in our Website, without our prior written consent.
• Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor our Website or any portion thereof;
• Accessing or using our Website for competitive purposes;
• Disguising the origin of information transmitted to, from, or through the Website;
• Impersonating another person or representative of an organization;
• Distributing viruses or other harmful computer code;
• Allowing any other person or entity to impersonate you to access or use our Services;
• Using the Services for any purpose in violation of local, state, national, international laws or regulations;
• Using our Services in any way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; and
• Circumventing any measures implemented by us aimed at preventing violations of the Terms of Service.
Links to Other Websites:
The Website may contain links to other websites which may be of interest to you. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by us. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for any third party’s website, content or materials. Accessing any such links from our Website to gain access to other websites is at your own risk.
Intellectual Property Rights:
You acknowledge and agree that all contents and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, Rateous has not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of Rateous. Those works, marks or inventions may be protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted, and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing on our Website may be construed to confer any license or ownership right in or materials published or otherwise made available through our Services, whether by estoppel, implication, or otherwise. All rights not granted to you in these Terms of Service are reserved.
Copyright Infringement Notice:
All users of the Services represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our Services. If you believe any material made available via the Services constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by regular mail, setting forth the following:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) detailed identification of the copyrighted work claimed to have been infringed;
(iii) 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 us to locate the material;
(iv) your contact information, including your address, telephone number, and an email address;
(v) a statement by you that you have 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; and
(vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Copyright Infringement Notifications should be addressed as follows: Rateous Corporation, attn.: Copyright Agent, email@example.com.
Promptly after receipt of a valid removal notification, we will remove or disable access to the allegedly infringing content. We will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send us a written counter-notification that the allegedly infringing material is not infringing.
No Agency Relationship:
Except where provided for in a separate agreement with Rateous, no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms and Conditions. Without limiting the foregoing, except as expressly set forth herein, Rateous is not acting and does not act as an agent for any user of the Services.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE SERVICES ARE PROVIDED “AS IS,” AND ARE FOR USE SOLELY AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF OUR PRODUCTS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR MATERIALS ASSOCIATED WITH THE SERVICES, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF SERVICES, INFORMATION, OR OTHER MATERIALS YOU PURCHASE OR OBTAIN THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (C) THE PRODUCTS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Rateous, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $500.00. IN NO EVENT SHALL Rateous OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF OUR SERVICES, AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS OF SERVICE, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION.” THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS OF SERVICE HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND Rateous, THAT THE PARTIES HERETO HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS OF THESE TERMS OF SERVICE WOULD BE SUBSTANTIALLY DIFFERENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Rateous, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING, BUT NOT LIMITED TO, ALL ATTORNEYS’ FEES, RESULTING FROM (I) ANY VIOLATION OF THE TERMS OF SERVICE BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES ON YOUR BEHALF; OR (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT. THIS DEFENSE AND INDEMNIFICATION OBLIGATION SHALL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICES.
Should a conflict or contradiction exist between these Terms of Service and additional written terms specifically agreed upon by you and Rateous, the additional written terms shall prevail.
If any provision of these Terms of Service or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render the Terms and Conditions as modified legal and enforceable to the maximum extent permitted under applicable laws.
Violations of Website Agreement:
In the event you violate or attempt to violate any part of this Website Agreement, Rateous reserves the right to terminate your access to this website immediately, at our sole discretion, with or without notice of any kind. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this website.
Governing Law and Dispute Resolution:
The laws of the State of Nevada (subject to the Federal Arbitration Act discussed below) will govern these Terms of Service without giving effect to any principles of conflicts of laws.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It is part of your agreement with us and affects your rights. This Arbitration Agreement provides that all disputes between you and Rateous will be resolved by BINDING ARBITRATION. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms and Conditions (EXCEPT for matters that may be taken to SMALL CLAIMS COURT as described herein). Please note that:
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
(A) Dispute Resolution by Arbitration: Any and all claims, controversies, or disputes arising out of or related in any way to these Terms of Service or your use of the Services shall be subject to binding arbitration pursuant to the Federal Arbitration Act. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. Sections 1-6. This Arbitration Agreement applies to, without limitation, (1) all issues concerning any transaction in connection with which this Arbitration Agreement has been entered into; (2) initial claims, counterclaims, cross-claims, and third-party claims, whether arising in law or equity, and whether based upon federal, state, or local law; contract; tort; fraud or other intentional tort; constitution, common law, or statute; (3) any issue as to whether any such claims, controversies, or disputes are subject to arbitration; and (4) any claims, controversies, or disputes that would otherwise be subject to class actions. This means that all claims, controversies or disputes that are the subject of class actions will also be subject to binding arbitration under the FAA and this Arbitration Agreement. THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU OR US TO SERVE AS A PRIVATE ATTORNEY GENERAL, AS A REPRESENTATIVE, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
(B) Consent to Arbitration: You and we understand and agree that you and we are choosing arbitration rather than litigation to resolve disputes. You and we understand that you and we have the right to litigate disputes but that you and we prefer to do so through arbitration. In arbitration, you may choose to have a hearing and be represented by counsel. THEREFORE, YOU UNDERSTAND THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU VOLUNTARILY AND KNOWINGLY:
(i) WAIVE ANY RIGHTS TO HAVE A TRIAL BY JURY TO RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
(ii) WAIVE YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS COURT, RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; AND
(iii) TO THE EXTENT PERMITTED BY APPLICABLE LAW, WAIVE YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
(C) Opt-out Right. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: [insert AG address, attn.: Legal] within 30 days of entering into these Terms of Service. If you send this notice, then the Arbitration Agreement will not apply to either party. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
(D) Procedure for Arbitration. Arbitration may be heard, at the claimant’s election, by:
The American Arbitration Association: https://www.adr.org “(877) 495-4185“ firstname.lastname@example.org
JAMS: (800) 352-5267 http://www.jamsadr.com/adr-arbitration/ http://www.jamsadr.com/contactus/fbGeneral.aspx?xpST=ContactForm
or any other arbitration forum as you and we may agree.
You may initiate arbitration by contacting the arbitration forum of your choice using the contact points provided above. If you require assistance in a language other than English, or special services to accommodate a disability, please select an arbitration forum that can accommodate your needs.
(i) The arbitration shall be conducted by a single neutral, qualified and competent arbitrator selected by you and us under the rules of the arbitration forum selected. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitation, and shall honor all claims of privilege recognized by law. The Arbitration shall take place in a location determined by the arbitrator in the federal district of the State of Nevada.
(ii) If you file for arbitration under this Arbitration Agreement, the only fee you may be required to pay is the applicable filing fee, which is approximately equivalent to current court filing fees. We will bear all other costs of the arbitration, except for your attorneys’ fees and costs. If we file for arbitration under this Arbitration Agreement, we will be required to pay all costs associated with the arbitration, except for your attorneys’ fees and costs. However, if circumstances relating to the dispute (including, among other things, the size and nature of the dispute, the nature of the services that we have provided you, and your ability to pay) it would be unfair or burdensome for you to pay the arbitration filing fees, we will advance the initial filing, administration, and hearing fees required by the arbitrator, who will ultimately decide who will be responsible for paying those amounts.
(iii) You can participate without representation or may choose to be represented by an attorney or other authorized representative, unless that choice is prohibited by applicable law. Because arbitration is a final, legally-binding process that may impact your legal rights, you may want to consider consulting an attorney. Each party, you and we, shall bear our own costs and expenses, including attorneys’ fees, that we incur with respect to the arbitration.
(iv) The Arbitrator shall allow for the discovery or exchange of non-privileged information relevant to the dispute, under the Arbitrator’s supervision, prior to the arbitration hearing or submission of written presentations
(v) Arbitrations may be decided upon written presentations, unless the amount of relief requested exceeds $25,000. The Arbitrator may consider dispositive motions, but shall generally hold a conference call among all the parties prior to permitting any written motion. The Arbitrator may hold hearings in person or by conference call, and hearings generally will not exceed one day. If you or we show good cause, the arbitrator may schedule additional hearings within seven calendar days after the initial hearing.
(E) Interpretation of this Arbitration Agreement. Any dispute as to the arbitrability of a claim shall be decided by the arbitrator. Any dispute as to the validity of the portion of this Arbitration Agreement that prohibits class arbitration shall be a matter for resolution by a court and not by the arbitrator. In the event that the court deems the portion of this Arbitration Agreement that prohibits class arbitration to be unenforceable, then the court shall retain jurisdiction over the dispute and this Arbitration Agreement shall be null and void.
(F) Statutes of Limitations. All statutes of limitations that are applicable to any claim or dispute shall apply to any arbitration between you and us.
(G) Attorneys’ Fees: The arbitrator may, but is not required to, award reasonable expenses and attorneys’ fees to the prevailing party if allowed by statute or applicable law and by the rules of the arbitration forum.
(H) Awards. The arbitrator shall issue the award in accordance with the rules of the arbitration forum. Unless you and we agree otherwise, the award shall provide the concise written reasons for the decision and shall apply any identified, pertinent contract terms, statutes and legal precedents. The arbitrator may grant any remedy, relief or outcome that you or we could have received in court.
(I) Enforcement of Award. The award of the arbitrator shall be binding and final after fifteen (15) days have passed and judgment upon the arbitrator’s award may thereafter be entered in any court having jurisdiction.
(J) Appeal Procedure. Within fifteen (15) days after an award by the arbitrator, any party may appeal the award by requesting in writing a new arbitration before a panel of three neutral arbitrators designated by the same arbitration service. The decision of the panel of three neutral arbitrators will be immediately binding and final.
(K) Small Claims Court. Notwithstanding any other provision of this Arbitration Agreement, either you or we shall retain the right to seek adjudication in Small Claims Court of any matter within its jurisdiction. Any matter not within the Small Claims Court’s jurisdiction shall be resolved by arbitration as provided above.
True Rate, LLC
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