Last updated: January 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation

 

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: Florida, United States

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Rateplicity Mortgage Corporation, 4851 Tamiami Trail North #200, Naples, FL 34103.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to rateplicity.com, accessible from https://www.rateplicity.com/

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 Nature of Services Provided

The Company provides mortgage brokerage services, including but not limited to connecting users with mortgage lenders, providing general information about loan options, and assisting in the loan application process. The Company does not guarantee loan approval, interest rates, or specific loan terms, as all final decisions are made by third-party lenders.  The Company operates in compliance with all applicable federal and state laws, including the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), and Florida Statutes Section 494, which govern mortgage brokerage and lending services.

Client Responsibilities

By using the Service, You agree to provide accurate, complete, and truthful information during the loan application process. You understand that providing false or misleading information may result in the denial of Your application or termination of services. You are responsible for reviewing all disclosures, loan documents, and terms provided by the Company and third-party lenders before making any decisions.

Links to Other Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Limitations on Use of the Services

 Violation of these terms may result in immediate suspension or termination of Your access to the Service. You agree not to use the Service for any unlawful purpose, to transmit harmful or malicious code, or to engage in fraudulent activity. Unauthorized access to the Service, scraping of data, or interference with other users’ access is strictly prohibited. Violation of these terms may result in immediate suspension or termination of Your access to the Service.

 

Terminations

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law. You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses.

Force Majeure

The Company shall not be held liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor disputes, pandemics, or interruptions in internet or telecommunications services.

Accessibility Statement

If You experience any difficulties accessing our website, please contact Us at [Insert Contact Information] so that We can provide assistance or accommodate Your needs. The Company is committed to ensuring that our website and services are accessible to individuals with disabilities. We strive to comply with the Americans with Disabilities Act (ADA) and regularly review our website for accessibility improvements.

 “AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

These Terms shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Collier County, Florida.”

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Arbitration shall take place in Collier County, Florida, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. By agreeing to this clause, You waive Your right to a trial by jury or to participate in a class-action lawsuit.

Marketing and Communications Consent

 By using the Service, You consent to receive marketing communications from Us via email, SMS, or other electronic means. You may opt out of such communications at any time by clicking the ‘unsubscribe’ link in an email or contacting Us directly.

Ensure compliance with the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.  We will only send marketing messages to users who have provided prior express consent, in accordance with applicable law. All messages will include a clear mechanism to opt out.  You may revoke this consent at any time by contacting Us, but doing so may limit Your access to certain aspects of the Service.

 

Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.  Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.