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.
Do 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 SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITES.
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”).