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Consumer Mobile Application End User License Agreement (EULA)

 

Thank you for choosing the Intermex’s mobile services, made available through the Intermex Mobile Application. With our mobile service, you can access your accounts right from your Mobile Device (as defined below). You can perform everyday money transmitting functions like accessing your wire transaction history, sending remittance transfers, bill payments, and more, 24 hours a day, 7 days a week.

 

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and 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”). This Agreement governs your use of the Intermex Mobile Application on the Android and iOS (Apple) platforms including all related documentation, the “Application”).

 

BY USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18

YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

 

  1. LICENSE GRANT. Subject to the terms of this Agreement, Intermex grants you a limited, non-exclusive and nontransferable license to: (a) download, install and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and (b) access, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and any specific terms and conditions applicable to such Content and Services as set forth in Section 5.

     

  2. LICENSE RESTRICTIONS. You shall not:

     

    (a)   except as expressly permitted by this license or as otherwise authorized by Intermex, copy, distribute, reproduce, or publish the Application or the Content and Services, including, without limitation, the files, documents, text, photographs, images, audio, video, and any other materials accessed or made available through the Applications;

    (b)   modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application or the Content and Services;

    (c)   reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

    (d)   remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application or the Content and Services, including any copy thereof;

    (e)   rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or the Content and Services or any features or functionality of the Application, to any third party for any reason, including by making the Application or the Content and Services available on a network where it is capable of being accessed by more than one device at any time;

    (f)    remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application or the Content and Services or otherwise attempt to access or use the Application or the Content and Services other than through the use of your user name and password;

    (g)   input, upload, transmit, or otherwise provide to or through the Application any information or materials that are unlawful or injurious, or contact, transmit, or activate any harmful or destructive code;

    (h)   access  or  use  the  Application  or  the  Content  and  Services  for  purposes  of competitive analysis of the Application or the Content and Services, the development, provision or use of a competing software service or product or any other purpose that is to Intermex’s detriment or commercial disadvantage;

    (i)     use any robot, spider, or other automatic device, process, or other means to access the Application or the Content and Services for any purpose, including monitoring or copying any of Content and Services;

    (j)     use the Application or the Content and Services to commit or attempt to commit fraud, embezzlement, money laundering, or any other illegal act;

    (k)   use the Application on any Mobile Device that has been modified outside the device or operating system, vendor supported or warranted configurations; or

    (l)     use the Application or the Content and Services to deposit checks that you know or a reasonable person would know are forgeries or otherwise fraudulent, or to activate a debit or credit card that you know has not been properly issued to you by Intermex.

     

  3. RESERVATION OF RIGHTS. You acknowledge and agree that the Application and all Content and Services (as defined below) are provided under license, and not sold, to you. The Application and all Content and Services (as defined below) are protected by United States and international intellectual property, copyright, and trademark laws. You do not acquire any ownership interest in the Application or the Content and Services under this Agreement, or any other rights thereto other than to use the Application and Content and Services in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Intermex reserves and shall retain its entire right, title and interest in and to the Application and the Content and Services, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

     

  4. COLLECTION AND USE OF YOUR INFORMATION. You acknowledge that when you download, install, or use the Application or the Content and Services, Intermex may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application or the Content and Services. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

     

  5. CONTENT AND SERVICES. The Application may provide you with access to Intermex’s website located at www.intermexonline.com (the “Website”) and products and services accessible thereon, and certain features, functionality and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by the Website’s Terms of Service and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Privacy Policy and such terms and conditions or additional terms and conditions specific to the particular Content and Services and/or to register with the Website and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such terms and conditions will also be deemed a violation of this Agreement. Intermex reserves the right to withdraw or amend any part of the Content and Services, and any other services or materials we provide on or through the Application, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Content and Services or the Application are unavailable at any time or for any period. From time to time, we may restrict access to all or parts of the Content and Services or Application to users, including registered users.

     

    Intermex makes every effort to provide up-to-date and accurate information, however, you understand and agree that you are ultimately responsible for the correctness of information supplied. Any transaction performed via the Application is subject to standard processing timeframes.

     

  6. ACCESSING THE APPLICATION AND SECURITY.

     

    6.1  You are responsible for (a) making all arrangements necessary for you to have access to the Application and the Content and Services, and (b) for ensuring that all persons who access the Application or Content and Services are aware of this Agreement and comply with them.

     

    6.2  To access and use the Application or the Content and Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application and Content and Services that all the information you provide on or through the Application is correct, current, and complete. We take no responsibility at all for information that you provide that is not correct, current, or incomplete.

     

    6.3  You may choose or may be provided with a user name, password, or other piece of information as part of our security procedures to access the Application or the Content and Services. You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Application or the Content and Services You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a Mobile Device you use with others so that others are not able to view or record your password or other personal information.

     

    6.4  Intermex assumes no responsibility for the operation, security, functionality, or availability of your Mobile Device or the mobile network you use to access the Content and Services. You agree to exercise caution when utilizing the Content and Services on your Mobile Device and to use good judgment when obtaining or transmitting information. Intermex takes no responsibility for any transactions performed on or through the Application.

     

    6.5  Intermex has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. If Intermex decides to take any of the foregoing actions, your account may be disabled and you may not be granted access to your account or the Content and Services. Intermex reserves the right to refuse service to anyone at any time without notice for any reason.

     

    6.6  You  may  log  into  the  Application  by  activating  biometric  credentials  (e.g. fingerprint, facial map or any other biometric data) that Intermex may enable for use and authentication of the Application. Intermex reserves the right to suspend or disable these features at any time. As described below, Apple, Face ID, and Touch ID are registered trademarks of Apple Inc.

     

    6.6.1        TOUCH ID. Touch ID is an optional fingerprint sign-in method for the Application that is currently available for some Mobile Devices that have a fingerprint sensor. To use Touch ID, you will need to have configured your Mobile Device to have saved your fingerprints. Fingerprints are stored only on your Mobile Device and Intermex does not have access to your fingerprint information. You acknowledge that by enabling Touch ID, you will allow anybody who has a fingerprint stored on your Mobile Device to have access to all account information available through the Application. Touch ID can only be associated with one user name and password at a time on a Mobile Device. In the event your Mobile Device does not recognize your fingerprint, you can still sign in using your user name and password. To use Touch ID on multiple Mobile Devices, you will need to set it up on each Mobile Device. You may also disable Touch ID anytime from the menu within the Application.

     

    6.6.2        FACE ID. Face ID is a facial recognition sign-in method for the Application that is currently available on some Mobile Devices. If you have an identical twin or sibling with a close resemblance to your own, you are recommended to use a passcode to authenticate your account. You may also disable Face ID anytime from the menu within the Application.

     

    6.7  You  are  responsible  to  safeguard  account  details  and  remain  responsible  for unauthorized payments made from your account with your security details or biometric credentials, or if your fingerprint is not the only fingerprint registered on the Mobile Device and you have activated Touch ID.

     

     

  7. AGE AND GEOGRAPHIC RESTRICTIONS. The Content and Services are based in the United States and provided for access and use only by persons who are at last 18 years of age and who reside in the United States or any of its territories and possessions. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

     

  8. UPDATES. Intermex may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Intermex has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

     

    (a)   the Application will automatically download and install all available Updates; or

    (b)   you may receive notice of or be prompted to download and install available Updates.

     

    You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

     

  9. THIRD PARTY MATERIALS. The Application may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Intermex is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Intermex does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions. In addition, all hardware and software required to support the Application shall be maintained by you. Intermex is not responsible for any third party hardware, software or services you need to use the Application or any third party costs or fees. Any such hardware, software or services are subject to the terms and conditions of any agreement between you and that third party.

     

  10. TERM AND TERMINATION.

     

    10.1       The term of Agreement commences when you install the Application and will continue in effect until terminated by you or Intermex as set forth in this Section 10. 10.2. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

     

    10.2       Intermex may terminate this Agreement at any time without notice, including if it ceases to support the Application, which Intermex may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

     

    10.3       Upon termination: (a) all rights granted to you under this Agreement will also terminate; and (b) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

     

    10.4       Termination will not limit any of Intermex’s rights or remedies at law or in equity.

     

  11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

     

    11.1       THE APPLICATION AND THE CONTENT AND SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INTERMEX, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND THE CONTENT AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, INTERMEX PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

     

    11.2       INTERMEX ASSUMES NO RESPONSIBILITY FOR THE TRANSACTIONS YOU PERFORM ON OR THROUGH THE APPLICATION. IN NO EVENT SHALL INTERMEX BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY TRANSACTION YOU PERFORM ON OR THROUGH THE APPLICATION.

     

    11.3       YOU UNDERSTAND THAT INTERMEX CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE APPLICATION OR THE CONTENT AND SERVICES WILL BE ERROR FREE OR FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY   YOUR   PARTICULAR   REQUIREMENTS   FOR   ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS FOR ANY RECONSTRUCTION OF ANY LOST DATA. INTERMEX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY BUGS, CRASHES, A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR DAMAGE YOUR MOBILE DEVICE, APPLICATIONS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS OR USE OF THE APPLICATION OR THE CONTENT AND SERVICES.

     

    11.4       TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INTERMEX OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES 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), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY FOR SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION AND THE CONTENT AND SERVICES IS TO STOP USING THEM.

     

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF INTERMEX TO YOU WITH RESPECT TO YOUR USE OF THE APPLICATION OR THE CONTENT AND SERVICES IS FIVE HUNDRED DOLLARS ($500).

     

  12. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Intermex and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or the Content and Services or your breach of this Agreement.

     

  13. EXPORT REGULATION. The Application and the Content and Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application or the Content and Services to, or make the Application or the Content and Services accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

     

  14. US GOVERNMENT RIGHTS. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48

    C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

     

  15. SEVERABILITY. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

     

  16. GOVERNING LAW; ARBITRATION.

     

    16.1.        Governing Law. This Agreement shall be governed according to the laws of the State of Florida. Any controversy, dispute, or claim arising out of or relating to this 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.

     

    16.2.        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”).

     

    16.3.        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; or (iii) using the Intermex Mobile Application.

     

    16.4.        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.

     

    16.5.        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.

     

    16.6.        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.

     

    16.7.        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 Intermex Mobile Application. 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.

     

    16.8.        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.

     

    16.9.        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.

     

    16.10.    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.

     

    16.11.    Single Arbitrator.  Claims shall be heard by a single arbitrator.

     

    16.12.    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.

     

    16.13.    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.

     

    16.14.    Interpretation of Agreement to Arbitrate Disputes.  You and Intermex agree that use of the Intermex Mobile Application 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.

     

    16.15.    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.

     

    16.16.    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.

     

    16.17.    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.

     

    16.18.    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.

     

    16.19.    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.

     

    16.20.    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.

     

    16.21.    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.

     

     

  17. LIMITATION OF TIME TO FILE CLAIMS. Any cause of action or claim you may have arising out of or relating to this Agreement or the application must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

     

  18. CHANGES   TO   THIS   MOBILE   APPLICATION   END   USER   LICENSE AGREEMENT. We may revise and update this Mobile Application End User License Agreement from time to time and in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Application and the Content and Services thereafter. Certain provisions of this Agreement may be superseded or supplemented expressly by designated legal notices or terms located on particular screens within the Application or when you first access particular Content and Services. To the extent that such additional terms conflict with other agreements between you and Intermex related to services provided to you by Intermex, the terms and conditions within such other agreements between you and Intermex shall control, unless otherwise explicitly stated within this Agreement or such additional terms.

     

  19. ENTIRE AGREEMENT. This Agreement and our Privacy Policy constitute the entire agreement between you and Intermex with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

     

  20. WAIVER. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
I. INFORMATION WE COLLECT AND RECEIVE We may collect the following information about you, your Recipient, or your Beneficiary, which may include non-public Personal Information:
  • We collect the following categories of information / information about you, your Recipient, or your Beneficiary, which may include non-public personal information: • Identifiers, the information that you provide us in the course of using the Service, such as your name, mailing address, email address and telephone number(s). We may also collect certain sensitive information from you, including your bank account number, credit or debit card number, date of birth and social security number. • Information that you provide us in the course of your participation in various partner promotional programs. • Third party personal information from you or your mobile device’s address book, such as your Beneficiary or Recipient’s full name, mailing address, email address and telephone number. We may also collect sensitive financial information from you about a Beneficiary or a Recipient, including billing account numbers and account balances held at service companies and bank account and routing numbers. • Information about your usage of the Service, including your transaction history, how you use the Service to send or receive transactions, and whom are your Beneficiaries or Recipients. • Information that we lawfully obtain from third parties, such as service companies, identity verification services, electronic database services and credit reporting agencies. • Information that we indirectly obtain from you, such as information about the device, hardware and software you use when accessing the Service, operating system version, your IP address, pages on our websites that you access, pages of other websites that you visited prior to accessing our websites, etc.. We may combine this automatically collected log information with other information we collect about you. • We collect personal information on your online activity as described in the paragraph below titled “COOKIES AND INTERNET TECHNOLOGY.” • Recordings of your communications with our Customer Service department, including telephone calls and electronic communications. sdfdsfdsf
II. WHY WE COLLECT INFORMATION We may use this personal information for the following business purposes: • to operate, manage, and maintain our business, • to provide our Products and Services, and • to accomplish our business purposes and objectives, including, for example, using personal information to develop, improve, repair, and maintain our products and Services and to fulfill your requests; personalize, advertise, and market our products and Services; conduct research, analytics, and data analysis; maintain our property; undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; perform identity verification; perform accounting, audit, and other internal functions, such as internal investigations; to carry out corporate transactions, such as mergers, joint ventures or acquisitions; comply with law, legal process, and internal policies; maintain records; and exercise and defend legal claims. Note: In our efforts to provide our Products and Services, we may occasionally send you push notifications through our mobile Services, including marketing messages and other Service or Transaction-related notifications that may be of importance to you. You may at any time opt-out from receiving these types of communications by turning them off at the device level through your settings.
III. HOW WE COLLECT INFORMATION COOKIES & INTERNET TECHNOLOGY Intermex has implemented the capability for the user to manage cookies on our websites. We will only read or write cookies based on your preference level, (note: cookies set prior to you changing your preference level are maintained on your computer, to remove them please refer to your browser settings). If your browser does not support JavaScript you can find out about the cookies used on our sites and can only manage the use of cookies through your web browser settings. Please note that if you disable all cookies on your browser, this will limit the features of this site and may impact the ability to complete your Transaction. Session ID and Cookies:  Our third-party service providers may use both session ID and cookies to enhance our websites. The use of cookies by our third-party service providers is not covered by this Privacy Policy. You are free to decline these cookies if your browser permits. We do not have access or control over these cookies. THIRD-PARTY SERVICE PROVIDERS Software Technologies:  We and our third party partners may employ software technology called clear gifs, images, and scripts that help us better manage content on our websites by informing us of what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages or HTML-based emails and are about the size of the period at the end of this sentence.  From time to time, we may also tie cookies, clear gifs, images and scripts to personal information for reasons such as analysis, security, content generation or marketing. If you would like to opt-out of emails, including those with clear gifs, see “Choices You Can Make about Our Use of Your Information” below. Tools Used to Develop and Analyze Use of the Service:  We may use various analytics tools in order to develop and analyze our customers’ use of the Service. Analytics companies may access anonymous data (such as your identifier for advertising or device identifier) to help us understand how the Service is used. They use this data solely on our behalf. They do not share it except in aggregate form; no data is shared as to any individual user. If you wish to opt-out of Google Analytics tracking, please visit https://tools.google.com/dlpage/gaoptout. If you wish to opt out of Crazy Egg tracking, please visit https://www.crazyegg.com/opt-out. Mobile Analytics Software:  We may use mobile analytics software to allow us to better understand the functionality of our mobile software on your mobile device. This software may record information such as how often you use the mobile applications, the events that occur within the mobile applications, aggregated usage and performance data, and from where the mobile application was downloaded. We may link the information we store within the analytics software to any personal information you submit within the mobile applications. EXTERNAL WEBSITES Our website may be linked to or from third party websites. Intermex is not responsible for the content or privacy practices of websites that are linked to or from our website. “Do Not Track” Browser Setting:  We currently do not recognize “do-not-track” signals from your browser. We engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our websites. Local Storage Objects:  We use local storage objects (“LSOs”) to prevent unauthorized or fraudulent sign ups. Third parties, with whom we partner to provide certain features on our websites or to display advertising based upon your Web browsing activity, use LSOs to collect and store information. Various browsers may offer their own management tools for removing LSOs. To manage Flash LSOs please click here. Disabling LSOs may affect the performance of our Service. Google Analytics:  We use a tool called “Google Analytics” to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You may opt out of Google Analytics by visiting the Google Analytics opt-out page.
IV. INFORMATION SHARED WITH OTHERSWe do not currently “sell” or plan to “sell” personal information we collect without first receiving your permission to do so. For purposes of this Privacy Policy, “sell” means the disclosure of personal information for monetary or other valuable consideration to another business or a third party for monetary or other valuable consideration. Note: This does not include, for example, the transfer of personal information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business. However, we do share personal information with third parties for the business purposes we’ve described in this Privacy Policy. This includes sharing personal and/or sensitive information about you, your Recipient or your Beneficiary (including nonpublic personal information) with: • Third-party service providers under contract with Intermex that help us with our business operations, such as Transaction processing, fraud prevention, and marketing. Note: Intermex only allows third party service providers to use personal data for specified purposes and in accordance with Intermex’s instructions and compliance requirements. • Third-parties that we partner with to offer additional products and services, such as gift cards or loyalty points, but only when you elect to participate and/or to receive information about those additional products and services.
• Some of our third party advertising vendors or partners show our ads on sites across the Internet. These third parties may use cookies to serve ads based on your visit history to our websites. You may opt out of use of cookies by third parties by visiting http://www.aboutads.info/choices. • In the event of the sale, acquisition or merger of some or all of our assets, personal information about you, your Recipient or your Beneficiary might be a part of the transferred assets. We will notify you in the event of such an occurrence and inform you of any choices you may have regarding your personal information, by placing a notice on our websites. • Law enforcement, government officials or other third parties, but only in connection with a formal request, subpoena, court order or similar legal procedure: when we believe in good faith that disclosure is necessary to comply with the law, prevent physical harm or financial loss, report suspected illegal activity, or to investigate violations of our User Agreement.
V. ACCESS TO YOUR INFORMATION You can access, modify or update your personal information submitted on our websites by logging in to your account and changing your preferences or by contacting Intermex Customer Service at 1-800-670-8611. We will respond to your request within a reasonable timeframe. If you are a California resident, you may request that we disclose to you the following information covering the 12 months preceding your request: • The categories of personal information we collected about you and the categories of sources from which we collected such personal information; • The specific pieces of personal information we collected about you; • The business or commercial purpose for collecting personal information about you; • The categories of personal information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such personal information (if applicable). To make such a request, please contact Intermex Customer Service at 1-800-670-8611. Note: In some instances, we may decline to honor your request where an exception applies, such as where the disclosure of personal information would adversely affect the rights and freedoms of another California resident and/or render Intermex unable to comply with a legal and/or regulatory obligation. Note: A California resident is a natural person who meets the criteria as defined in Section 17014 of Title 18 of the California Code of Regulations, as that section read on September 1, 2017. Specifically, the term “resident,” as defined in the law, includes (1) every individual who is in the State for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the State who is outside the State for a temporary or transitory purpose. All other individuals are nonresidents.
VI. DATA RETENTION AND DELETION We will retain your account information, including but not limited to your payment source information and personal information about you, your Recipient, or your Beneficiary, as needed to provide you Service, as required by applicable law, to resolve disputes and to enforce our agreements. Intermex abides by strict security standards, but if you wish to cancel your account and stop using Intermex’s Service, please contact Intermex Customer Service at 1-866-999-3175. If you are a California resident, you may request that we delete personal information we collected from you. To make such a request, please contact Intermex Customer Service at 1-800-670-8611 or follow this link to access the Customer Data Request form and follow instructions. Note: In some instances, we may decline to honor your request where an exception applies, such as where the disclosure of personal information would adversely affect the rights and freedoms of another California resident and/or render Intermex unable to comply with a legal and/or regulatory obligation.
VII. CONFIDENTIALITY AND SECURITY We endeavor to maintain physical, technical and procedural safeguards that comply with applicable government laws and regulations to guard your personal information. We also endeavor to restrict information access to our employees, agents and representatives that need to know it. We employ industry-accepted standards in protecting the information you submit to us on our websites. We have put in place encryption technology to protect your sensitive information transmitted on our websites. We also require a username and password from each user who wants to access his or her information on our websites. However, you should be aware and are hereby advised that no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, we cannot guarantee and hereby disclaim its absolute security.
VIII. CHOICES ABOUT OUR USE OF YOUR INFORMATION Federal and state law allow you to restrict the sharing of your personal information in certain instances. However, these laws also state that you cannot restrict other types of sharing. Because we have chosen to refrain from certain types of data sharing, the only type of sharing of your personal information that you may restrict is as follows: • If after giving us your permission to share your personal information with third parties with whom we market our jointly offered products, you later decide that you no longer want us to share such information, you may contact us by email at [email protected] or by mail at 9480 South Dixie Highway, ATTN: Customer Service, Miami, Florida, 33156, USA. • You may also opt-out from promotional email messages to you or your blog subscription by accessing your Email Preferences under “My Account” or selecting the “Unsubscribe” function present in each promotional or blog email message we send out and providing the required information. • Information of Minors and Children.  From our website, we do not knowingly target, collect or use personal information from children under 13. Children under 13 should not use this site. If you are under 18, you must get permission from a parent before using our Services or site.  For more information about the Children’s Online Privacy Protection Act (COPPA), visit the FTC website: www.ftc.gov
IX. UNLAWFUL DISCRIMINATION If you are a California resident, you have the right to be free from unlawful discrimination for exercising your rights under the CCPA. Those rights include requests to access personal information, to delete information, and to opt out of the sale of personal information.  The CCPA specifies that discrimination includes, but is not limited to: • denying goods or services to consumers; • charging different prices or rates for goods or services, including through the use of discounts, benefits, or other penalties; • providing a different level or quality of goods or services; and • suggesting that a consumer will receive a different price or quality of goods or services if the consumer exercises rights under the law.
X. THIRD PARTY SITES Our websites may contain links to other websites. Intermex is not responsible for the privacy practices or the content of these other websites. We encourage you to familiarize yourself with the privacy practices of these other websites prior to submitting your personal information to them. Our websites may include social media features, such as the Facebook Like button, and widgets, such as the Share button or interactive mini-programs that run on our websites. These features may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites. Your interactions with these features are governed by the privacy policy of the company providing it.
XI. CHANGES TO THIS POLICY We may amend this policy at any time, and shall notify you by posting a revised version on our websites and/or email. If we make a material change to the manner in which we collect, use, or store personal information about you, your Recipient or your Beneficiary, we will provide notice to you at or before the point of personal information collection. Note: This Policy was last updated December 31, 2019.
XII. CONTACTING INTERMEX Please also feel free to contact Intermex if you have any questions about this Privacy Policy or our practices, or if you are seeking to exercise any of your statutory rights. You may contact Intermex Customer Service at 1-800-670-8611 or at our mailing address 9480 South Dixie Highway, Miami, FL. 33156.