Service User Terms & Conditions

1. Definitions

    a) "Account" means any account(s) you have with Intermex, accessed via online or mobile application, through which you access for utilizing the Service.

    b) “Digital Partner” means an authorized third party who provides access to Services.

    c) "Identification Codes" means any personal identification number, username, or password used to authenticate your identity for the purpose of accessing your Account or utilizing the Service.

    d) "Instructions" means, with respect to an Account, transfer, payment, access to Account status, account information, or such other products, services, or information as Intermex makes available, or any action taken by a person or persons utilizing an Account.

    e) "Payment Instrument" includes funds transfer instructions (in particular, payment documents) and electronic means of payment, such as your credit card, debit card or bank account, but not prepaid payment cards.

    f) "Sender" is someone who uses the Service to send money.

    g) "Service" means any and all activities associated with sending money transfers or paying bills, and any other product or service we offer through various channels, including but not limited to, our stores or physical locations, online websites, Digital Partners, or mobile applications, including WhatsApp.

    h) "Recipient" is an individual who receives money from a Sender through the Service or someone for whom a Sender makes a bill payment through the Service.

    i) "Transaction" is a specific instruction to send money through the Service.

2. Use of the Service

    a) By using the Service, you agree that you have read this Agreement in its entirety, that you understand all of its terms and conditions, and that you agree to all of the terms and conditions contained within the Agreement and any and all incorporated agreements between you and Intermex. If you do not agree to the terms and conditions in this Agreement and the additional incorporated agreements, you are not permitted to use the Service.

    b) You agree that you will use the Service only in accordance with the terms and conditions of this Agreement.

    c) You agree that you will use the Service for personal, family, or household purposes.

    d) You may not use the Service in violation of this Agreement or applicable laws, rules or regulations. It is a violation of this Agreement to use the Service for any of the following activities (without limitation): sexually-oriented materials or services, gambling activities, fraud, money-laundering, funding terrorist organizations, purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances, or sending money to a Recipient or for a Recipient that has violated the Agreement. If you use the Service in connection with illegal conduct, Intermex reserves the right to report you to the appropriate law enforcement agency or agencies.

    e) We may, in our sole discretion, cancel any Transaction and close any account that we suspect is being utilized for any purpose prohibited by this Agreement. You acknowledge that Intermex is not liable for your use of the Service in violation of this Agreement, including all risks associated with the purchase of goods or payment for services of any kind, including (without limitation) losses you suffer for undelivered or defective goods and services you pay for using the Service.

    f) Not all Payment Instruments are available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain Payment Instruments. We may, in our sole discretion, refuse Transactions from certain Senders, for certain Recipients or to certain Recipients or service companies, including without limitation, entities and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies.

    g) You agree to not submit or receive a Transaction (i) on behalf of any other person, (ii) on behalf of a business or other non-human entity or (iii) on behalf of a charitable organization without Intermex’s express consent. You may send Transactions to service companies for Recipients whom you know personally. We may, at any time and in our sole discretion, (i) refuse any Transaction, or (ii) close multiple accounts held by an individual, persons related to the individual or persons living in the same household as the individual.

    h) You agree that you will not: (i) Breach this Agreement, or any other agreement between you and Intermex; (ii) Open more than one account; (iii) Provide false, inaccurate, or misleading information; (iv) Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; (v) Use an anonymizing proxy; (vi) Provide yourself a cash advance from your credit card (or help others to do so); (vii) Share Transaction numbers or information with anyone except the Service Company, your Recipient, or Recipient (and you will advise your Recipient or Recipient not to share Transaction numbers or information); or (viii) Violate any other restrictions in this Agreement.

    i) You acknowledge that the provision of the Service is at the sole discretion of the Intermex, and the Intermex reserves the right to suspend or terminate any aspect of the Service at any time and for any reason.

    j) The closure of an Account will result in the termination of the Service with respect to that Account.

    k) You acknowledge and understand that the Intermex makes no representations or guarantees with regards to the availability of the Service, and that the Service may be unavailable for any period of time, and may be unavailable or non-functional during business hours on weekdays or at other times when you may wish to use the Service, and that you have no right to rely on the availability of the Service at any given time or geographical location.

    l) In its sole discretion, Intermex may impose such restrictions, including restrictions on amounts that may be transferred or other restrictions appropriate for the efficient operation of the Service, for the security or convenience of Intermex or the users of the Service, to comply with any laws or regulations, or for any other reason.

3. Instructions

    a) You authorize Intermex to accept, and you will be solely responsible for, all Instructions sent to Intermex through the Service. Intermex may rely on such Instructions as if you had given such Instructions in a signed and written document, whether such Instructions are made by you, or any other person acting with or without your knowledge or consent and whether made by any means of communication. You are responsible for any incorrect account information or institutional identifying number provided by you or errors that may have been made in setting up payments or payee information.

    b)You agree that, aside from any mandatory obligations imposed on Intermex by existing law, Intermex is not under any obligation or duty to verify the identity or authority of the person giving any Instructions or the authenticity of any such Instructions.

    c) In its sole discretion, for any reason, Intermex may decline to act, or delay acting upon, any Instructions provided through the Service. Intermex will not incur any liability by reason of acting or failing to act in respect of an Instruction provided through the Service, whether or not Intermex delayed in acting or failed to act for any legitimate business reason, or as a result of technical or logistical issues associated with the Service.

   d) In order for us to collect payment from you, you authorize us to access, charge or debit funds from any of the Payment Instruments you provide us in connection with your use of the Service including, for example, your credit card, debit card, or bank account. If your payment fails or is insufficient, we may re-try debiting your Payment Instrument one or more times or you may authorize us to try debiting a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account or charge your credit card at a later time. You represent and warrant that you are the lawful owner of your Payment Instrument(s).

    e) Consistent with the Intermex’s Privacy Policy and existing law, Intermex maintains a database containing a record of Instructions involving your account, and such records will be conclusive and binding on you, with respect to any dispute, including any legal proceeding, as conclusive evidence of the Instructions, in the absence of clear and convincing evidence that the Intermex’s records are inaccurate. You agree that computer generated or electronic records received or created by Intermex in connection with your use of the Service shall be admissible in a court of law as Intermex’s business records and automatically generated records of a computerized database, and you waive any argument or defense that you may otherwise have as to the admissibility of such records.

    f) You are responsible for any incorrect information provided by you or errors that may have been made in setting up payments.

4. Charges and Foreign Exchange

    a) For each Transaction that you submit, you agree to pay us a transaction fee plus the transaction amount. Additional charges may apply. Payment in U.S. Dollars, only, is due at the time your Transaction is submitted for processing. If you submit a Transaction that results in Intermex being charged non-sufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees immediately upon request. For Transactions funded from the Sender’s bank account, you agree that Intermex may from time to time debit your bank account for less than the amount of the transfer (for example, for a transfer of $500, Intermex may debit $499.98 from the bank account), as part of our effort to confirm ownership of the account.

    b) Intermex is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. For example (without limitation), your credit card issuer may charge you a cash advance fee and interest if you use a credit card as a Payment Instrument. Intermex is not responsible for any such fees, nor are we responsible for non-sufficient funds charges, chargeback fees or other similar charges that might be imposed on you by your bank, credit card issuer or other provider in connection with your use of the Service.

    c) All currency exchanged under the money transfer service is received by Intermex at a rate of exchange. Currency is offered to Sender at the rate of exchange specified on the receipt, and the Recipient will receive the foreign currency amount specified on the receipt. Any difference between the currency exchange rate offered to Sender and the currency exchange rate received by Intermex is property of Intermex. If the Recipient chooses to receive a currency other than the one on your receipt, Intermex is not responsible for the exchange rate applied.

    d) Intermex and its service providers usually make money when you pay for a Transaction in one currency and the Transaction is paid out in another currency, which is based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. You agree, when you send a Transaction to a Recipient’s bank account, that the bank account is denominated in the same currency as the Transaction (e.g., if your Transaction calls for Intermex to deposit pesos into the Recipient’s bank account, then you confirm that the Recipient’s bank account is denominated in pesos).

5. Transaction Payouts.

    a) We work with Service Providers to pay funds out to Recipients and Service Companies. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service.

    b) We attempt to provide up-to-date information on our websites regarding the location, availability and hours of our Service Providers. However, you agree that Intermex is not responsible for any inaccurate or incomplete information that may be posted on its websites.

    c) Recipients may be required to prove their identity before receiving funds by presenting valid, unexpired identification document(s) from a list of acceptable forms of identification. In addition, Recipients may be required to provide a Transaction number and/or another, similar identifier associated with their Transaction.

    d) You give Intermex permission to contact your Recipient or the Service Company and store all such data, as necessary to provide the Service. Please verify account information and bank details are correct prior to submitting your Transaction because Intermex is not responsible for detecting inaccuracies. If account information and bank details are incorrect, money may be sent to the wrong bank account and may not be recovered.

6. Top-up Orders.

    a) Intermex is responsible for collecting all payments for Top-up orders. Payment is authorized at the time you place the order. By completing the purchase, you acknowledge and agree that all sales are final, and no refunds will be issued once the order is confirmed successful.

    b) Intermex holds no responsibility and will not provide refunds for any losses resulting from inaccuracies in recipient details (such as phone number, email, account number, or any other identification data required by the local operator), selection of the wrong operator, or inputting incorrect information.

    c) Intermex holds no responsibility for any negative consequences that may arise from the unavailability or intermittent availability of the provided service for top-up packages and does not offer any assurance of continuous network service availability. The Top-up service purchased is subject to the Terms and Conditions of the local operators.

7. Security.

    a) You acknowledge that it is your responsibility to keep your Identification Codes confidential, and to ensure that only authorized persons have access to any Account.

    b) Do not disclose any Identification Codes over the phone unless you initiate the call to a verified Intermex telephone number.

    c) Guard your Identification Codes. Never leave them, unattended, out in the open, or write them on an envelope or any other written document that may be accessed by an unauthorized person.

    d) Keep a record of your Identification Codes in encrypted form or on a password-protected medium, so you can report a loss quickly.

    e) YOU ARE RESPONSIBLE FOR ENSURING THAT YOU IMMEDIATELY NOTIFY INTERMEX IF AND WHEN YOUR IDENTIFICATION CODES HAVE BEEN COMPROMISED OR THERE IS ANY UNAUTHORIZED TRANSATIONS. ALTHOUGH INTERMEX MAINTAINS REASONABLE SECURITY MEASURES INVOLVING OUR SERVICES, CYBER CRIMINALS CAN ACCESS STILL ACCESS ACCOUNTS. YOUR FAILURE TO IMMEDIATELY NOTIFY INTERMEX IN SUCH CIRCUMSTANCES MAY LEAD TO THE DISCLOSURE OF YOUR ACCOUNT INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, OR OTHER INFORMATION TO UNAUTHORIZED PERSONS, AS WELL AS UNAUTHORIZED TRANSACTIONS FOR WHICH YOU MAY INCURE FINANCIAL AND RESPONSIBILITY FOR ANY LOSSES YOU OR INTERMEX SUFFER AS A RESULT OF YOUR IDENTIFICATION CODES BEING COMPROMISED AND USED BY UNAUTHORIZED PERSONS AND/OR CYBER CRIMINALS MAKING UNAUTHORIZED TRANSACTIONS.

    f) TO NOTIFY INTERMEX OF ANY POTENTIAL UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR OF ANY INFORMATION ASSOCIATED WITH THE SECURITY OF YOUR ACCOUNT, YOU MUST IMMEDIATELY CALL 1-800-670-8611.

    g) You agree that you will cooperate and assist in any investigation, including filing a report with law enforcement authorities, which Intermex may initiate in connection with any unauthorized use of the Service.

8. Errors and Uncollected Money Transfers.

    a) If you think there is an error, you must contact us within 180 days of the Transaction at 1-800-670-8611 or by email at [email protected]. You can also contact us for a written explanation of your rights. We will investigate the alleged error and make a determination within 90 days following the date you contact us. We will communicate the results of such investigation and determination no later than 3 business days of the date when made or expiration of the 90 day period described above, whichever occurs first. If we determine there was no error, we will send you a written explanation for such determination.

    b) You can cancel for a full refund within 30 minutes of authorizing your Transaction, unless the funds have already been picked up, deposited, delivered or paid to the Recipient or service company. If you timely cancel a Transaction as described above (and the funds have not already been picked up, deposited, delivered or paid to the Recipient or Service Company), Intermex will refund your money within 3 business days of your request to cancel.

    c) All money transfers, which have not been collected by the recipient, will be cancelled after thirty (30) days from the transaction date (or less for certain payers). In the event that a cancelled money transfer is not refunded to the Sender within ninety (90) days of the transaction date, there will be a nonrefundable monthly service charge where permitted by law, of $3.00 per month or the maximum amount permitted by law. The service charge will be deducted from the balance of the principal amount. The service charge is subject to change without notice. The amount to be reimbursed will be solely the principal amount, without interest, minus the service charge.

    d) If you do not inform us of your choice of remedy to correct an error, we may as a default issue a money order with the reimbursement to your last known address.

    e) All money orders not presented for payment within 12 months (3 years in California) from the date it was payable, there will be a nonrefundable service charge assessed where permitted by law. The service charge is $3.00 (25 cents in California; 82 cents in District of Columbia; $2.00 in New Jersey; $1.00 in Texas) per month from the date of issuance. The service charge will be deducted from the face value of the money order. The service charge is subject to change without notice.

9. Information for Residents of Certain Jurisdictions.

    a) Alaska. If you have a complaint, first contact Intermex Wire Transfer, LLC at 1-800-670-8611. If your issue is unresolved by Intermex Wire Transfer, LLC at 1-800-670-8611, please submit formal complaints with the State of Alaska, Division of Banking & Securities. Please download the form here: https://www.commerce.alaska.gov/web/portals/3/pub/DBSGeneralComplaintFormupdated.pdf.

Submit formal complaints form with supporting documents to: Division of Banking & Securities PO Box 110807, Juneau, AK 99811-0807. If you are an Alaska resident with questions regarding formal complaints, please email us at [email protected] or call Nine Zero Seven Four Six Five Two Five Two One.

    b) Arizona. If you have questions or complaints with respect to any aspect of the money transmission services provided by Intermex Wire Transfer, LLC, you may contact the Arizona Department of Insurance and Financial Institutions at (602) 364-3100.

    c) California. If you have complaints with respect to any aspect of the money transmission activities conducted at this location, you may contact the California Department of Financial Protection and Innovation at its toll-free telephone number, 1-866-275-2677, by email at [email protected], or by mail at the Department of Financial Protection and Innovation, Consumer Services, 2101 Arena Boulevard, Sacramento, CA 95834.

RIGHT TO REFUND: You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if INTERMEX does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you. If your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted you have a right to a refund of your money. If you want a refund, you must mail or deliver your written request to INTERMEX at 9100 South Dadeland Blvd Suite 1100 Miami, Florida 33156. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney’s fees pursuant to Section 2102 of the California Financial Code.

    d) Colorado. Please see the following customer notice from the Colorado Division of Banking: https://drive.google.com/file/d/1JvjFKSxYmKZEBTzba9zppEKkV5Bc3BOU/view

    e) Connecticut. Intermex Wire Transfer, LLC (NMLS ID# 897906) is licensed as a money transmitter by the Connecticut Department of Banking.

    f) Florida. Intermex Wire Transfer, LLC is a licensed money transmitter under Chapter 560, Florida Statutes. For suspected violations of Chapter 560, Florida Statutes, call Intermex Wire Transfer, LLC at (800) 670-8611 or contact the Florida Office of Financial Regulation, 200 East Gaines Street, Tallahassee, FL 32399, or by calling (850) 487-9687.

    g) Georgia. Intermex Wire Transfer, LLC (NMLS ID# 897906; GA Money Transmitter License # 18921; GA Check Casher License #30216) is licensed as a money transmitter and Check Casher by the Georgia Department of Banking and Finance.

    h) Illinois. Suspected violations of the Illinois Transmitters of Money Act may be reported to the Illinois Division of Financial Institutions by calling 1-888-473-4858 (TYY: 1-866-325-4949).

    i) Maine. If you have questions or complaints with respect to any aspect of the money transmission services provided by Intermex Wire Transfer, LLC, you may contact The Bureau of Consumer Credit Protection at 800-332-8529 (toll free in Maine) or 207-624-8527.

    j) Maryland. For questions or complaints, first contact INTERMEX at 800-670-8611. If you still have an unresolved issue, the Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding Intermex Wire Transfer, LLC (NMLS ID# 897906) at Office of Financial Regulation, 1100 North Eutaw Street, Suite 611, Baltimore, MD 21201 or call toll free 888-784-0136. To verify INTERMEX’s licensing status, visit the Nationwide Multistate Licensing System & Registry (NMLS) consumer access website at https://www.nmlsconsumeraccess.org/.

    k) Massachusetts. Intermex Wire Transfer, LLC (NMLS ID# 897906; Foreign Transmittal Agency License # FT5621) is licensed as a Foreign Transmittal Agency by the Massachusetts Division of Banks.

    l) Minnesota. If you have questions or complaints with respect to any aspect of the money transmission services provided by Intermex Wire Transfer, LLC, you may contact the Minnesota Department of Commerce at (651) 539-1600.

    m) Nevada. If you have questions or complaints with respect to any aspect of the money transmission services provided by Intermex Wire Transfer, LLC, you may contact the Nevada Department of Business & Industry Financial Institutions at (702) 486-4120.

    n) New York. Intermex Wire Transfer II, LLC, is licensed as a Money Transmitter and regulated by the New York State Department of Financial Services.

For questions or complaints, first contact INTERMEX at 800-670-8611. If you still have an unresolved issue, New York customers can direct complaints to: Consumer Assistance Unit, NYS Department of Financial Services, One State Street, New York, NY 10004. You may contact the Department at 1-877-226-5697. Website: https://www.dfs.ny.gov/complaint.

    o) North Dakota. If you have questions or complaints with respect to any aspect of the money transmission services provided by Intermex Wire Transfer, LLC, you may contact the North Dakota Department of Financial Institutions at (701) 328-9933.

    p) Pennsylvania. Intermex Wire Transfer, LLC is licensed to Transmit Money by Check, Draft or Money Order By The Department of Banking and Securities, Commonwealth of Pennsylvania.

    q) South Carolina. If you have questions or complaints with respect to any aspect of the money transmission services provided by Intermex Wire Transfer, LLC, you may contact the South Carolina Office of the Attorney General, Money Service Division at 803-734-4200.

    r) South Dakota. If you have questions or complaints with respect to any aspect of the money transmission services provided by Intermex Wire Transfer, LLC, you may contact the South Dakota Division of Banking at 605-773-3421.

    s) Tennessee. If you have questions or complaints with respect to any aspect of the money transmission services provided by Intermex Wire Transfer, LLC, you may contact the Tennessee Department of Financial Institutions at (800) 778-4215.

    t) Texas. If you have a complaint, first contact Intermex Wire Transfer, LLC at 1-800-670-8611. If you still have an unresolved complaint regarding the company’s money transmission or currency exchange activity, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, TX 78705-4294, 1-877-276-5554 (toll free), www.dob.texas.gov.

    u) Vermont. If you have a complaint, first contact Intermex Wire Transfer, LLC at 1-800-670-8611. If you still have an unresolved complaint regarding the company’s money transmission or currency exchange activity, please direct your complaint to: Vermont Department of Financial Regulation at 802-828-3302 or complete the Banking Consumer Complaint Form at https://dfr.vermont.gov/form/banking-consumer-complaint-form

    v) Washington. Fraudulent transactions may result in the loss of your money with no recourse.

10. Intermex Intellectual Property.

    a) You acknowledge that the Service, including but not limited to the content of our websites, text, graphics, links, buttons, logos, and images, as well as all other Intermex patents, copyrights, trademarks, trade secrets, service marks, logos, and product and service names are owned exclusively by Intermex (the “Intermex Intellectual Property”). You agree not to display, use, copy, or modify the Intermex Intellectual Property in any manner.

    b) You are authorized solely to view and retain a copy of the pages of our websites for your own personal, non-commercial use. You further agree not to: (i) engage in or use any automated devices, data mining, robots, scraping or similar data gathering or extraction methods to access or use the Service; (ii) modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part, except that the foregoing does not apply to the information that you legally upload to the Service; (iii) remove or alter any author, trademark or other proprietary notice or legend displayed on our websites (or printed pages thereof); or (iv) infringe Intermex’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

11. Limitation of Liability.

You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. Intermex and its service providers have the right, but not the obligation, to monitor and remove communications content that Intermex or its service providers find in the sole discretion of Intermex or its service providers to be objectionable in any way.

    a) You are responsible for obtaining, installing, maintaining, and operating all computer hardware, software, and internet access necessary for use of the Services, including without limitation virus protection software and spyware or malware protection. Intermex and its service providers are not responsible for any errors or failures from the malfunction or failure of your hardware, software, or internet access services.

    b) THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INTERMEX DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OPERATION, COMPLETENESS, ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, OR ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING IS GIVEN IN CONJUNCTION WITH YOUR USE OF THIS SERVICE.

    c) UNLESS OTHERWISE REQUIRED BY LAW, INTERMEX, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, OR OTHER REPRESENTATIVES, WILL NOT BE RESPONSIBLE OR IN ANY MANNER LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, DAMAGES, PENALTIES, AND EXPENSES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THIS SERVICE, WHETHER AUTHORIZED OR NOT, EVEN IF INTERMEX HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SUCH LOSSES, DAMAGES, PENALTIES, AND EXPENSES INCLUDE, BUT ARE NOT LIMITED TO, ANY YOU MAY SUFFER IF: (I) YOU TRANSMIT CONFIDENTIAL OR SENSITIVE INFORMATION TO INTERMEX OVER THE INTERNET; (II) INTERMEX COMMUNICATES CONFIDENTIAL OR SENSITIVE INFORMATION TO YOU AT YOUR REQUEST OVER THE INTERNET; (III) A THIRD PARTY ISSUES INSTRUCTIONS TO INTERMEX USING YOUR IDENTIFICATION CODES, WHETHER SUCH INSTRUCTIONS ARE MADE WITH OR WITHOUT YOUR KNOWLEDGE OR CONSENT; (IV) INTERMEX DOES NOT RECEIVE YOUR INSTRUCTIONS; (V) THERE IS ANY DELAY IN PROCESSING INSTRUCTIONS, OR IF WE DECLINE TO ACT ON YOUR INSTRUCTIONS; (VI) ACCESS TO THIS SERVICE IS NOT AVAILABLE OR IS DELAYED DUE TO PERIODS OF INCREASED VOLUME OR ACTIVITY OR TO ALLOW FOR MAINTENANCE, UPDATES, OR FOR ANY OTHER CAUSE; OR (VII) ANY HARM OR LOSS OCCURS TO YOUR PERSONAL COMPUTER OR ANY RECORDS OR DATA.

    d) EXCEPT FOR CLAIMS UNDER THE ELECTRONIC FUNDS TRANSFER ACT, OR SECTION 2102 OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA, IN NO EVENT SHALL INTERMEX, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND TRANSACTION FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTERMEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF INTERMEX, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.

    e) Intermex is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Intermex’s agent.

    f) You are responsible for any incorrect information provided by you or errors that may have been made in setting up payments.

12. Dispute Resolution.

    a) Agreement to Arbitrate Disputes. This section of the Agreement shall be referred to as the “Agreement to Arbitrate Disputes.” This Agreement to Arbitrate Disputes shall be deemed a contract entered into under the law of the State of Florida and will be governed by the laws of the State of Florida together with the Federal Arbitration Act (9 U.S.C. §§ 1-16) (the “FAA”).

    b) Time of Acceptance of Agreement to Arbitrate Disputes. Your agreement with Intermex to arbitrate disputes starts when you accept the terms and conditions of this Agreement. You accept the terms and conditions of this Agreement by doing any of the following: (i) receiving this Agreement and Agreement to Arbitrate Disputes and not opting out within 14 days of receipt; (ii) giving us a written or electronic signature, or telling us orally that you accept; (iii) using the Service; (iv) Sending a Payment through the Service as a Sender; (v) Receiving a Payment using the Service as a Recipient; or (vi) Paying for the Service.

    c) Effect of Acceptance. ONCE ACCEPTED, THIS AGREEMENT TO ARBITRATE DISPUTES APPLIES TO ALL DISPUTES BETWEEN YOU AND INTERMEX REGARDLESS OF WHEN THE CIRCUMSTANCES GIVING RISE TO THE DISPUTE OCCURRED. If you have any questions, contact Intermex’s Customer Service Department to have your questions answered.

    d) Pre-Arbitration Dispute Submission. Before taking any formal action, you agree to first contact us in writing and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within 30 days of your notice to us, you agree to submit your dispute to binding arbitration or small claims court as set forth in this provision. Please forward your dispute description and documentation to Intermex at: 9100 South Dadeland Blvd Suite 1100 Miami, Florida 33156 Attn: Compliance Department.

    e) Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT REQUIRES THE USE OF INDIVIDUAL ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS TO RESOLVE DISPUTES AND CLAIMS (INCLUDING ONES THAT ARE ALREADY THE SUBJECT OF LITIGATION). ARBITRATION IS MORE INFORMAL THAN LITIGATION BECAUSE IT USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY AND ALLOWS FOR LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW, SUBJECT TO THE LIMITATION OF LIABILITY IN SECTION 9 OF THIS AGREEMENT. YOU AND INTERMEX FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, PROVIDED THAT SUCH ACTION IS WITHIN THE GOVERNING JURISDICTIONAL LIMITATIONS, EITHER PARTY MAY BRING A CLAIM ON AN INDIVIDUAL BASIS IN SMALL CLAIMS COURT OR THE SMALL CLAIMS DIVISION OF A COURT OF APPROPRIATE JURISDICTION.

    f) Claims Covered by Agreement to Arbitrate Disputes. This Agreement to Arbitrate Disputes is intended to encompass all disputes or claims (whether based in contract, tort, federal statute including but not limited to the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, state statute, state common law, fraud, misrepresentation, or any other legal or equitable theory) arising out of your relationship with Intermex and/or any interactions between you and Intermex, including but not limited to all disputes or claims arising out of or relating to the Service. References to you and Intermex include our respective suppliers, vendors, service providers, service companies, or their respective subsidiaries, officers, agents, partners, employees or consultants, predecessors in interest, successors, and assigns.

    g) Severance. If any term of this Agreement to Arbitrate Disputes is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms herein shall remain in full force and effect.

    h) Types of Relief. All claims between you and Intermex, including claims for money damages or for any kind of injunctive, declaratory or non-monetary relief, will be resolved by binding arbitration where permitted by law.

    i) Delegation Provision. You and Intermex agree that the Arbitrator shall have the power to rule on his or her own jurisdiction, the existence, scope, validity and arbitrability of this Agreement. This Delegation Provision shall be deemed a contract entered into under the law of the State of Florida and will be governed by the laws of the State of Florida together with the FAA. Your agreement with Intermex to be bound by this Delegation Provision starts when you accept the terms and conditions of this Agreement.

   j) Single Arbitrator. Claims shall be heard by a single arbitrator.

   k) No Class Action in Arbitration. You and Intermex agree that any arbitration will be conducted on an individual basis and not on a consolidated, class-wide, or representative basis. Further, you and Intermex agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Each party waives the right to litigate in court or arbitrate any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

    l) AAA Rules. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA a 1-800-778-7879.

    m) Interpretation of Agreement to Arbitrate Disputes. You and Intermex agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the law of the State of Florida, the FAA and federal arbitration law.

    n) Arbitration Based Upon Document Submissions. For claims of $10,000 or less, you can choose to proceed with arbitration being decided on the documents submitted, without a hearing, in an effort to minimize costs and the time it may take for an arbitrator to reach his or her decision.

    o) Payment of Fees in Arbitration. Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), Intermex will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement. If, however, the arbitrator does deem that your demand was frivolous, was brought for an improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be divided between you and Intermex in accordance with AAA Rules. Additionally, Intermex hereby waives any right to seek its attorney’s fees from you in the event that it prevails in the arbitration, except where your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. Nothing in this section shall be construed by an arbitrator as barring an award of attorney’s fees to you, the customer, where the law would so provide. If you initiate an arbitration in which you seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules.

    p) Location of Arbitration. Unless you and Intermex agree otherwise and in an effort to reduce the burden of arbitration on you, the location of any arbitration shall be in the county of your residence for those customers located within the United States. For customers residing outside of the United States, the location of arbitration shall be Miami, Florida, unless you and Intermex agree otherwise. Either or both parties may participate in the proceedings by telephone. The arbitrator shall, to the extent permitted, apply the law of Florida to resolve the underlying legal dispute and legal causes of action between you and Intermex. Notwithstanding anything to the contrary, the arbitrator shall apply the laws of the State of Florida and the FAA to interpret and enforce this arbitration provision.

    q) Jury Trial Waiver. In the event that any claim proceeds in a court of law rather than through arbitration for any reason, you and Intermex agree that there will not be a jury trial. You and Intermex unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement in any way. You and Intermex further agree that in the event of litigation, this section of the Agreement may be filed as an exhibit illustrating a knowing and written consent of any waiver of any right to a trial by jury.

    r) Class Action Waiver. In the event that any claim proceeds in a court of law rather than through arbitration for any reason, you and Intermex agree that any action will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and Intermex agree that the court may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Each party waives the right to litigate in court (or arbitrate) any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general.

    s) Disclosure with Consent of Both Parties. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

    t) Opt Out. YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN THE EARLIER OF 14 DAYS AFTER RECEIVING THIS AGREEMENT AND AGREEMENT TO ARBITRATE DISPUTES OR ANY OF THE TIMES OF ACCEPTANCE OF AGREEMENT TO ARBITRATE DISPUTES SET FORTH IN PARAGRAPHS 9(B)(ii-vi, above). YOU MAY OPT OF THIS PROVISION BY CALLING US AT (866) 999-3175 (toll free) OR BY WRITING TO INTERMEX, ATTN: COMPLIANCE DEPARTMENT, 9100 SOUTH DADELAND BLVD SUITE 1100 MIAMI, FLORIDA 33156. ANY OPT-OUT RECEIVED AFTER THE OPT-OUT DEADLINE (OR, IN THE CASE OF THOSE MAILED, POSTMARKED AFTER THE OPT-OUT DEADLINE) WILL BE INVALID, AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION. IN THE EVENT YOU DO NOT OPT OUT OF THIS PROVISION WITHIN 14 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION.

    u) Governing Law. This Agreement shall be governed according to the laws of the State of Florida, and all activities performed in connection with the Service shall be deemed to have been performed in Florida. Any controversy, dispute, or claim arising out of or relating to the Service or Agreement shall be governed by and construed in accordance with the laws of the State of Florida, except that body of law governing conflicts of law.