Website Terms of Service

 

THIS WEBSITE TERMS OF SERVICE (the “Terms”) applies to all Intermex online interfaces, including websites and all internet-based applications, as well as all such online interfaces associated with Intermex Wire Transfer, LLC and subsidiaries; Intermex Wire Transfer, Corp. and Intermex Wire Transfer II, LLC, as well as any subsidiary, affiliate or authorized service provider of Intermex, including any successor and assign (hereinafter, referred to as “we”, “us”, “our”, or “Intermex”) (collectively, all such online interfaces are referred to as the “Sites”). The Terms are written in the English language, and to the extent any translated versions of the Terms conflict with the English language version of the Terms, the English language version shall control. Please note that your use of the Sites is also subject to our Privacy Notice and Policy.

 

To use the Sites, you must agree to and abide by the Terms. The Terms are an agreement between you and Intermex, and by using the Sites, you are entering into a legally binding agreement with Intermex (even if you are using the Sites on behalf of a company or another person).

 

If you do not agree to be bound by the Terms, you are not allowed to visit the Sites.

The Intermex Owns the Sites

 

The Sites and any materials made available for download or viewing are the property of Intermex. Intermex is protected by United States and international intellectual property, copyright, and trademark laws. The contents of the Sites, including, without limitation, the files, documents, text, photographs, images, audio, video, logos, product and service names and any materials accessed through or made available for use or download through the Sites may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved by Intermex, including the provision of services or products to Intermex, or in connection with a business relationship with Intermex. You may not frame, or utilize framing techniques to enclose or link to, any names, trademarks, service marks, logos, or other proprietary information (such as images, text, page layouts, or forms) from the Sites without Intermex’s prior express written consent. You are also prohibited from using automated processes, such as scrapers or other programs or browser add-ons or plugins, to copy content from the Sites without Intermex’s prior express written permission. 

 

Not Share Your Username and Password

 

You may use a specific username and password to access portions of the Sites. Once you agree to the Terms and other applicable agreements or policies governing the relationship between you and Intermex, and go through the profile creation process, you may create a username and password that will allow you to access certain portions of the Sites. Only access the Sites using your username and password. You agree to protect the confidentiality of your username and password, and not to share or disclose your username or password to anyone else. You agree that you are responsible for all transactions and activity that occur under your username.

Intermex Can Terminate Your Account and Access to the Sites

 

Intermex may, in its sole discretion, at any time and for any reason, terminate your access to the Sites, with or without cause, terminate this agreement (meaning the Terms – remember that these terms are an agreement between you and Intermex), and suspend or delete your username and password and account. Intermex may also block your access to the Sites. If Intermex decides to take any of the above-listed actions, your account may be disabled and you may not be granted access to your account or any files or other content contained in your account. Intermex reserves the right to refuse service to anyone at any time without notice for any reason.

You Agree to Indemnify Intermex for Any Damage You Cause

 

You agree to defend, indemnify, and hold Intermex harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by Intermex arising out of your use of the Sites, your access of the Sites, or any breach of these Terms.

No Children Under the Age of Thirteen

 

The Sites are not directed to individuals under the age of thirteen, and individuals under thirteen are prohibited from using the Sites or providing Personal Information through the Sites. As set forth in Intermex’s Privacy Notice and Policy, Intermex does not knowingly collect information from children under the age of thirteen. If you believe we have inadvertently collected information from a child under the age of thirteen, please notify us immediately through any of the contact methods listed on the Sites.

Privacy: You Agree to the Terms in the Intermex’s Privacy Notice and Policy

 

As a condition of using the Sites, you agree to the terms of Intermex’s Privacy Notice and Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Intermex may access or disclose your personal information, including the content of your communications, if Intermex is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in the Terms or any other agreement. Data and information collected by Intermex may be stored and processed in the United States or any other country. By using the Sites, you expressly consent to any such transfer of information outside of your country.

Disclaimer of Warranties

 

 INTERMEX DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED. INTERMEX, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY INTERMEX-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT.

INTERMEX DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED. INTERMEX, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY INTERMEX-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES. INTERMEX DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT INTERMEX SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND OF THE INTERNET.

INTERMEX AND ANY THIRD PARTIES MENTIONED ON THE SITES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, SITES-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, OR ANY HYPERLINKED WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, SITES-RELATED SERVICES, OR HYPERLINKED WEBSITES IS TO STOP USING THE SITES AND ANY ASSOCIATED SERVICES.


Additional Disclaimers

 

Legal restrictions may apply to the distribution of information regarding certain products and services listed in the Sites in certain jurisdictions. It is your responsibility to ensure that you are aware of all relevant restrictions which apply to you, and to ensure that you are permitted to utilize the applicable product or service wherever it is that you reside.


The information and materials contained on the Sites and descriptions that appear are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to the Intermex’s determination and acceptance. The materials on the Sites should not be regarded as an offer or solicitation to sell investments or make deposits to any person in any jurisdiction in which it would be unlawful to make such an offer or solicitation.


Information present on the Sites may be inaccurate. Whilst every effort has been made to ensure accuracy, no responsibility will be accepted by us for errors and omissions however caused, and you should confirm with Intermex, in writing, the accuracy of any information listed on the Sites before relying on the information for any reason whatsoever.

Revisions to the Terms, Termination of Access to the Sites, and Choice of Law

 

Intermex reserves the right, in its sole discretion, to terminate your access to all or part of the Sites, with or without cause, and with or without notice. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. In its sole discretion, Intermex may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. It is your responsibility to visit this page to determine the current Terms, as Intermex does not have an obligation to notify you whenever Intermex changes these Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Sites, or if you utilize services from Intermex, to the extent these Terms conflict with other agreements between you and Intermex related to services provided to you by Intermex, the terms and conditions within the other agreement between you and Intermex related to services provided to you by the Intermex shall control.


The Terms shall be governed according to the laws of the State of Florida. Any controversy, dispute, or claim arising out of or relating to the Terms 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.

 

You Agree to Mandatory Arbitration

 

This section of the Terms 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”)..


    a). 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.


    b). 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.


    c). 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.


    d). 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.


    e). 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.


    f). 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.


    g). 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.


    h). 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.


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


    j). 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.


    k). 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.


    l). 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.


    m). 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.


    n). 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.


    o). 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.


    p). 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.


    q). 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.


    r). 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.


    s). 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.


    t). 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.