USER AGREEMENT, TERMS & CONDITIONS

 

IMPORTANT:   PLEASE READ THIS AGREEMENT 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.

 

Parties to Agreement. The Parties to this User Agreement are You and Intermex. As used throughout this User Agreement, the terms "Intermex," "we," "us," and "our" refer to Intermex Wire Transfer, LLC, a Florida limited liability company, Intermex Wire Transfer, Corp., and Intermex Wire Transfer II, LLC, together with its/their employees, consultants, directors, successors, subsidiaries, affiliates, and assigns (collectively known as “Intermex”). The terms "You" and "Your" refer to users of the Service, whether in their capacity as Senders, Recipients or visitors to our stores or websites

Scope of Agreement.  This User Agreement governs all interactions between Intermex and You, including the terms and conditions under which You may access and use Intermex’s Services.

1. Overview of the Service

 

    A. The Service & Where Service is Performed.  The Service provided by Intermex, referred to herein as “Service” or “Services,” are any and all activities associated with sending money transfers or paying bills for family and friends, either in our stores or physical locations, via online websites (including but not limited to www.intermexonline.com), and/or via Intermex applications. IMPORTANT:  All activities performed in connection with the Service shall be deemed to have been performed in Florida.

    B. Use of Service is Binding Agreement.  You should not access or use the Service if You do not agree to be bound by the terms of this User Agreement. By accessing and using the Service, You are agreeing to the terms of this User Agreement.

    C. Intent of Service.  The Service is intended for our customers to send money transfers to or pay bills for family and friends. We recommend that You use the Service only to send money to or pay bills for people You know personally. You should never use the Service to send money to or pay bills for strangers.

    D. Consumer Fraud Alert: Protect Yourself from Fraud and Scams.  You should only send money to people You know or pay bills for people You know, safeguard Your password, send for Yourself and not on behalf of others, and use Intermex’s websites for legal purposes only.  Please let us know immediately if You believe someone is trying to scam or defraud You or if Your Intermex username or password have been lost or stolen by contacting us by telephone at 866-999-3175 or email at [email protected].

2. Definitions

The Service allows people to send and receive money and pay bills around the world. To that end:

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

    B. "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.  For example, and for illustration purposes only, if You use the Service to pay a relative's electric bill, You are the Sender, Your relative is Your Recipient and the electric company which receives the payment is the Service Company for that Transaction. The person referred to as "Recipient" in this User Agreement may be referred to as the "Recipient" on Your bill payment receipt.

    C. "Service Company" is a utility or other entity that receives a bill payment from a Sender through the Service.

    D. “Service Providers” are local banks, money exchange houses and other third party service providers, which pay funds out to Recipients and Service Companies.

    E. "Recipient Country" is the country in which the Recipient or Service Company receives money through the Service.

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

    G. “Transaction Fee” is the fee that will be charged to use the Service.

    H. "Transaction Amount" is the amount that the Sender provides to Intermex to send the Transaction.

    I. “Payment Instrument” is a paper-based or electronic means or other medium used to initiate the transfer of funds. Payment Instruments include funds transfer instructions (in particular, payment documents) and electronic means of payment.  Payment Instruments include Your credit card, debit card or bank account, but not prepaid payment cards.

    J. "Payout Amount" is the amount paid out to the Recipient or Service Company, excluding any taxes or charges that may be levied under the laws of the Recipient Country (the "Local Taxes").

3. Accessing the Service

    A. Eligible Users. You must be at least eighteen years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.

    B. Users Must Provide Accurate Information.  Sender acknowledges and agrees that will it provide Intermex with true, accurate, current and complete information. Sender acknowledges and agrees that money may not be recoverable if deposited to the wrong account.

    C. No Prohibited Activity.  You agree that You will not use Intermex’s money transfer services for or in connection with any prohibited activity.

    D. No Changes to Details of Transaction.  We generally do not let You change the details of Your Transaction once it has been submitted to us for processing. We rely on the information You provide and it is Your responsibility to make sure Your Transaction details are accurate before You submit Your Transaction for processing.

    E. Mobile Services. The Service is also accessible via a mobile device. To the extent You access the Service through a mobile device, Your wireless service carrier's standard charges, data rates, and other fees may apply.

    F. Bill Payments. You affirm that Your Recipient has authorized You to access his or her account information and to permit Intermex to collect and verify information about Your Recipient.

    G. Not Available to Certain Users. The Service may not be available in whole or in part in different countries and jurisdictions as determined by local laws and regulations.

4. Payments

If You submit a Transaction, You are requesting that we process Your Transaction, an offer which we may accept or reject at our sole discretion from our principal place of business in Miami, Florida.

    A. Charges. 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. Payment Authorization. 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. We do not accept prepaid payment cards as a Payment Instrument. 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).

    C. Other Charges For Which You May Be Responsible.  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.

    D. Foreign Exchange. 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.

    E. Confirmation of Currency. 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. Appointment of Agent.  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. Hours of Service Providers.  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. Verification. 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. Data Collection, Storage and Accuracy.  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. Restrictions and Conditions

    A. General. We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per Transaction basis or on an aggregated basis without prior notice. Any such limits may be imposed on individual accounts or on related accounts or households, in Intermex’s sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.

    B. Delays. Your Transaction may be delayed or cancelled at any time prior to Your Recipient's or the Service Company's receipt of the Payout Amount, without prior notice. We may delay or cancel Your Transaction for reasons that include, but are not limited to: identity verification; validation of Your Transaction instructions and Payment Instruments; fraud and anti-money laundering compliance review; contacting and locating You, Your Recipient, the Service Company, or Your Recipient; and to comply with applicable law. Business hours, systems availability and currency availability of our Service Providers may also cause delays.

    C. Commercial Transactions. You agree that You will only use the Service to send money to people or for Recipients that You know personally and for personal reasons. If Intermex discovers You are using the Service for commercial purposes, including (without limitation) to purchase goods or pay for services other than payments made to Service Companies specifically provided for by the Service, we may, in our sole discretion, cancel Your Transaction(s) and close Your account.

    D. Unauthorized Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules or regulations. It is a violation of this User 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 User 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. The Service is intended for our customers to send money transfers to or pay bills for family and friends.

    E. Reservation of Rights.  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 User Agreement, including for commercial purposes (such as purchases of goods or payments for services of any kind). You acknowledge that Intermex is not liable for Your use of the Service in violation of this User 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. Ineligibility. 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. Must Act On Own Behalf. You may 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. No Changes. We generally do not let You change the details of Your Transaction once it has been submitted to us for processing. We rely on the information You provide and it is Your responsibility to make sure Your Transaction details are accurate before You submit Your Transaction for processing.

    I. Restricted Activities.  As a user of our websites or Service or in the course of Your interactions with Intermex, You will not: (i) Breach this User 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 User Agreement.

7. Dispute Resolution:  Agreement to Arbitrate Disputes

 

    A. Agreement to Arbitrate Disputes.  This section of the User 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 User Agreement. You accept the terms and conditions of this User Agreement by doing any of the following: (i) receiving this User 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 User 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. Class Action Waiver.   If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, You and Intermex waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) Your right to serve in a representative capacity in any class or consolidated basis. Neither You nor Intermex shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction.

    R. 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.

    S. 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 USER 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.

8. Waiver Of Jury Trial, Class Claims, and Governing Law

    A. Waiver of Jury Trial.  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.

    B. Waiver of Class Claims. 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.

    C. Governing Law.  This User 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 User 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.

9. Limitation of liability

    A. Limitation of Liability. Intermex makes all reasonable steps to provide money transfer services as instructed by the Sender.  Unless otherwise expressly required under the laws of the jurisdiction governing the transaction, neither Intermex nor any of its agents shall be held liable for damages due to the delay, nonpayment or underpayment of the money transfer, the non-delivery of the money transfer, or the non-delivery of any supplemental message, whether caused by negligence on the part of its employees or agents or other representatives, beyond refund of the principal amount of the money transfer and the service fee.  EXCEPT FOR CLAIMS UNDER 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.

 

10. Collection of Information

    A. Privacy Policy. By agreeing to this User Agreement, You acknowledge and consent to Intermex’s Privacy Policy which is a separate agreement between You and Intermex. The Privacy Policy can be found on our website at https://www.intermexonline.com/about-us/privacy-policy.

    B. Customer Identification Program. To help the government fight the funding of terrorism and money laundering activities, U.S. law requires that we obtain, verify and record information about You. We may require that You provide us with nonpublic, personal identifying information about You, or Your Recipient. We may also lawfully obtain information about You from other sources without Your knowledge, including non- personal identifying information that we may obtain while You visit our websites. Please see our Privacy Policy.

    C. Government Disclosures. We may provide information about You and Your Transactions to government authorities and enforcement agencies, as described in our Privacy Policy.

    D. Verifying Information. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that You provide to us. This may include asking You for additional information, requiring You to take steps to confirm ownership of Your e-mail address, mobile device or financial instruments, or verifying Your information against third party databases or through other sources. This may also include verifying Your Recipient's information.

 

11. Errors and Problems

    A. Errors. You have a right to dispute errors in Your Transaction. 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] or online. 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. Problems.  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. Uncollected Money Transfers.  All money transfers, which have not been collected by the recipient, will be cancelled after 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 days of the transaction date, there will be a nonrefundable monthly service charge where permitted by law, of one dollar and seventy-five cents per month, not to exceed one hundred and forty-seven dollars 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. Questions and Complaints.  For questions or complaints about Intermex, contact us online; by telephone at 1-800-670-8611; by email at:  [email protected]; or by mail at Intermex Wire Transfer, LLC, Attention: Customer Service, 9100 South Dadeland Blvd, Suite 1100, Miami, Florida 33156, USA. 

    E. General.  Please let us know if You have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement.

    F. Information for Residents of Certain Jurisdictions.  Residents of certain jurisdictions may also consider the following:

        (i) Alaska. If your issue is unresolved by Intermex Wire Transfer, LLC at 1-800-670-8611, please submit a formal complaint 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: 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.

        (ii) 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.

        (iii) Colorado. Entities other than FDIC insured financial institutions that conduct money transmission activities in Colorado, including the sale of money orders, transfer of funds, and other instruments for the payment of money or credit, are required to be licensed by the Colorado Division of Banking pursuant to the Money Transmitters Act, Title 11, Article 110, Colorado Revised Statutes. If You have a Question about or Problem with YOUR TRANSACTION - THE MONEY YOU SENT, You must contact the Money Transmitter who processed Your transaction for assistance. The Division of Banking does not have access to this information. If You are a Colorado Resident and have a Complaint about THE MONEY TRANSMITTER – THE COMPANY THAT SENT YOUR MONEY, ALL complaints must be submitted in writing. Please fill out the Complaint Form provided on the Colorado Division of Banking’s website and return it and any documentation supporting the complaint via mail or email to the Division of Banking at: Colorado Division of Banking, 1560 Broadway, Suite 975, Denver, Colorado 80202. Email: [email protected] Website: www.dora.colorado.gov/dob.

        (iv) Illinois. If You have complaints or other concerns with respect to any aspect of the money transmission activities conducted with Intermex, You may contact the Illinois Department of Financial and Professional Regulation toll free at 1-312-814-5153 or file a complaint at www.idfpr.com.

        (v) Maryland. Entities other than FDIC insured financial institutions that conduct money transmission activities in Maryland, including the sale of money orders, transfer of funds, and other instruments for the payment of money or credit are required to be licensed by the Commissioner of Financial Regulation of the State of Maryland, pursuant to the Money Transmission Code Ann., Title 12, Subtitle 4. The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints regarding this authorized delegate of Intermex Wire Transfer, LLC at: Commissioner of Financial Regulation, Attention Complaint Unit, 500 North Calvert Street, Suite 402, Baltimore, Maryland 21202 or telephone Complaint Unit: 410-230-6390. Consumer complaints should be in writing, providing as much detail as possible. Please include (1) the name of the institution and the name of any person(s) at the institution with whom the complainant has had contact and include telephone number(s) and addresses, (2) a complete description of the complaint and any efforts that have been made to resolve the complaint directly with the institution, (3) copies of any available documentation supporting the complaint and efforts toward resolution, and (4) any suggestions regarding a preferred resolution of the complaint.

        (vi) Massachusetts. If You are a resident of Massachusetts and You have an unresolved complaint, You may contact the Consumer Assistance Section of the Massachusetts Division of Banks, Consumer Line 617-956-1501, Toll-Free 1-800-495-2265 (MA only)), website: www.mass.gov/dob, or by sending a written complaint to the Division of Banks to 1000 Washington St, 10th. Floor, Boston, Massachusetts 02118-6400.

        (vii) Minnesota. You may contact us by email at [email protected] to voluntarily disqualify Yourself from sending or receiving Transactions with Intermex ("Disqualified Intermex User"). All requests will expire one year from the date of request, unless requested for longer, or until You terminate the request in writing at [email protected]. Intermex may automatically inform the Minnesota Department of Commerce Financial Institutions Division to include such individual on Minnesota's "No Transmit List." The Financial Institutions Division may from time to time provide the "No Transmit List" to Intermex and any individuals on such list shall automatically become a Disqualified Intermex User. Please see Minn. Stat. 53B.27, subd. 3 for more information on the "No Transmit List." Fraud Prevention: If You suspect that You are a victim of fraud, immediately contact Intermex at 1-800-670-8611.

        (viii) New Mexico. New Mexico Regulation & Licensing Department Financial Institutions Division 2550 Cerrillos Road, 3rd Floor Santa Fe, NM 87505 (505)476-4885 https://www.rld.nm.gov/financial-institutions

        (ix) New York. Intermex is licensed by the New York Department of Financial Services to receive money for transmission and to transmit the same. New York customers can direct unresolved complaints to regulatory authorities at Department of Financial Services, Consumer Assistance Unit, One Commerce Plaza, Albany, New York 12257; telephone 212-480- 6400, Toll-Free 1-800-342-3736, or website www.dfs.ny.gov.

        (x) Texas. If You have a complaint, first contact Intermex Wire Transfer, LLC at 1-800-670-8611. If You are a Texas resident and You still have an unresolved complaint regarding Intermex money transmission activity, please direct Your complaint to the Texas Department of Banking: Texas Department of Banking in person or by US Mail at 2601 North Lamar Boulevard, Austin, Texas 78705 Telephone Number 1-877-276-5554 (toll free) Fax Number 1-512-475-1313; Email Address: [email protected].   Website Address:  www.dob.texas.gov.

12. Cancellation

    A. Cancellation and Refunds. You can cancel Your Transaction for a full refund within 30 minutes of authorizing Your Transaction, unless the funds have already been paid out to the Recipient or Service Company. After 30 minutes, we generally do not provide refunds unless we did not process Your Transaction according to Your instructions or we are unable to pay out the Transaction. To request a refund, please contact Customer Service.   Intermex will make every effort not to debit Your Payment Instrument after it has received Your request for cancellation. However, in some cases, Intermex may have initiated an irreversible request for funds from Your financial institution prior to receiving Your request for cancellation. In such cases, Your Payment Instrument may be debited even if You have cancelled Your Transaction but Intermex will refund Your money usually within 3 business days after we have received the funds from Your financial institution. Refunds will be credited to the same Payment Instrument used to pay for the Transaction. Refunds are only made in U.S. Dollars. Refund amounts will not be adjusted to account for changes in the value of the U.S. Dollar or foreign currency from the time Your Transaction was submitted.  Notwithstanding the foregoing, residents of certain jurisdictions should read the following:

        (i) California. The following applies only to Transactions that are submitted by Senders in California. 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 funds received from You within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of funds 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 funds shall be forwarded or transmitted are not complied with and the funds have not yet been forwarded or transmitted You have a right to a refund.  If You want a refund, You must mail or deliver Your written request to Intermex, Attention: Customer Service, at 9100 South Dadeland Blvd, Suite 1100, Miami, Florida 33156, USA. Attention: Customer Service. 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.

        (ii) New Hampshire. The following applies only to Transactions that are submitted by Senders in New Hampshire: Senders are entitled to a refund of the Transaction Amount and Transaction Fee if their Transaction is not paid out according to the information they provide about their Recipient, unless the Transaction is in violation of applicable law or this User Agreement. In the case of any such refund, the Transaction will also be cancelled. To request a refund, please contact Customer Service.

        (iii) Washington. The following applies only to Transactions that are submitted by Senders in the State of Washington: You, the customer, are entitled to a refund of all moneys received for transmittal within ten days of receipt of a written request for refund unless any of the following occurs: (a)  The monies have been transmitted and delivered to the recipient prior to receipt of the written request for a refund; (b)  Instructions have been given committing an equivalent amount of money to the person designated by the customer prior to receipt of a written request for a refund; (c) an authorized delegate has reason to believe that a crime has occurred, is occurring, or may potentially occur as a result of transmitting the money as requested by the customer or refunding the money as requested by the customer; or (d) Intermex is otherwise barred by law from making a refund.

13. Use of Our Software:  Intermex Intellectual Property

    A. Intermex Intellectual Property.  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. Authorized Use.  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.

    C. Intermex Software Is the Property of Intermex.  The technology and software underlying the Service or distributed in connection therewith are the property of Intermex, its affiliates and Service Providers (the "Software").

    D. Terms Of Licensure And Use of Software.   Subject to the terms and conditions of this User Agreement, Intermex hereby grants You a non-transferable, non-sub licensable, and non-exclusive right and license to use the object code of any Software on Your device(s) solely in connection with the Service, provided that You agree not to copy (except as expressly provided herein), modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Intermex.

14. Disclaimer of Warranties

 

    A. “As Is” Service.  THE SERVICE AND SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

    B. No Representations.  We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary state to state. Notwithstanding the foregoing, You may have a right to a refund or to the Dispute Resolution provision, as expressly described herein.

15. Indemnity

    A. Indemnification.  You agree to indemnify and hold Intermex, its suppliers, vendors, Service Providers, Service Companies and their respective subsidiaries, officers, agents, partners, employees, and consultants harmless from any claim or demand, made by any third party due to or arising out of Your use of the Service, Your connection to the Service, Your violation of the User Agreement, or Your violation of any rights of a third party.

16. Miscellaneous

    A. Customer Updates. You must promptly update us with any change in Your e-mail address and telephone number by updating Your profile on our websites. If Intermex does not have correct contact information, we may not be able to notify You regarding important information or changes in Your Transaction status.

    B. Licenses. Most states in the United States require us to be licensed to process transactions for their consumers. Our licenses can be found by clicking here.

    C. Entire Agreement. The User Agreement constitutes the entire agreement between You and Intermex and governs Your use of the Service, superseding any prior agreements between You and Intermex.

    D. No Waiver. The failure of Intermex to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision and shall not guarantee that Intermex will repeat any such actions in the future.

    E. Severance.  If any provision of the User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, unlawful or unenforceable, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the User Agreement as reflected in such provision, and the other provisions of the User Agreement shall remain in full force and effect.

    F. Modification. We may modify this User Agreement from time to time without notice to You, except as may be required by law. You can review the most current version of the User Agreement at any time by reviewing our websites. You may terminate Your use of the Service if You do not agree with any modification or amendment. If You use the Service after the effective date of an amendment or modification, You shall be deemed to have accepted that amendment or modification. You agree that You shall not modify this User Agreement and acknowledge that any attempts by You to modify this User Agreement shall be void.

    G. Language. In the event there is any inconsistency between the English and Spanish or other language text on our websites, including the User Agreement, the English text shall be binding.

    H. Special Notice for International Use; Export Controls. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at Your sole risk. Recognizing the global nature of the Internet, You agree to comply with all local rules and laws regarding Your use of the Service, including as it concerns online conduct and acceptable content.  Intermex and You acknowledge and agree that Apple, and Apple's subsidiaries, are third party recipients of this User Agreement with respect to the Apple-Enabled Software, and that, upon Your acceptance of the terms and conditions of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this User Agreement against You with respect to the Apple-Enabled Software as a third party recipient thereof.

17. Security / Fraud Prevention

    A. Fraud Prevention.  Your security and the integrity of Your account is a top priority and Intermex works hard to ensure that Your information is secure. Intermex is a safe and convenient way to send money to or pay bills for family members and other people that You trust. However, scams and fraudsters are abundant and we urge You not to send money to, or make bill payments for, anyone that You do not know personally. In particular, You should be cautious of deals or offers that seem too good to be true. If You think You have been or might be a victim of fraud, please contact us immediately by telephone at 866-999-3175 (toll free). If You are aware of anyone or any entity that is using the Service inappropriately, please e-mail us at [email protected], if You receive any fake (phishing) e-mails purporting to be from Intermex, please forward them to us at [email protected].

18. Contact Information

    A. Contact Us at Any Time.  Questions, notifications, and requests for refunds or further information can be sent to Intermex, as follows: online; Toll-Free at 1-800-670-8611 (outside the United States, call +1-305-671-8000); email customer[email protected]; or by mail at Intermex Wire Transfer, LLC, ATTN: Customer Service, 9100 South Dadeland Blvd, Suite 1100, Miami, Florida 33156, USA.