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.

Agreement to Arbitrate Disputes.  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”).

16.1 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 Services and Sites; (iv) Sending a Payment through the Services and Sites as a Sender; (v) Receiving a Payment using the Services and Sites as a Recipient; or (vi) Paying for use of the Services and Sites.

16.2 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.

16.3 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.

16.4 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 7 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.

16.5 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 Services and Sites, with the exception of (1) claims by us for injunctive or other non-monetary relief, and (2) claims by a party to enforce an arbitration award (“Arbitration Exceptions”). 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.

16.6 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.

16.7 Types of Relief.   All claims between you and Intermex will be resolved by binding arbitration where permitted by law, except for the Arbitration Exceptions.

16.8 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.

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

16.10 No Class Action in Arbitration.  Except for Consolidated Arbitration as described below, you and Intermex agree that (i) any arbitration will be conducted on an individual basis and not on a consolidated, class-wide, or representative basis, (ii) 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, (iii) 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, and (iv) 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.

16.11 AAA Rules.  Except for Consolidated Arbitration as described below, 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 at 1-800-778-7879.

16.12 Interpretation of Agreement to Arbitrate Disputes.  You and Intermex agree that use of the Services and Sites 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.

16.13 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.

16.14 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.

16.15 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.

16.16 Class Action Waiver.   Except for Consolidated Arbitration as described below, 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.

16.17 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.

16.18 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 SECTION 10.1 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.

16.19 Consolidated Arbitration. In the event that five (5) or more individuals seek to initiate (or do initiate) arbitration proceedings against Intermex in a coordinated or related manner (e.g., coordination among plaintiffs or their counsel in regard to similar claims), then instead of such arbitrations being administered by AAA on an individual basis, Intermex may elect in its sole discretion to consolidate such arbitrations before an arbitrator mutually agreed-upon by the parties (and terminate any pending administration by AAA) (“Consolidated Arbitration”), and (i) such arbitrator shall be a retired federal or state judge and experienced with the subject matter of the arbitration, (ii) the arbitrator shall follow the Commercial Arbitration Rules of the American Arbitration Association or such other arbitration rules and procedures generally used by that arbitrator in their arbitration activities, (iii) Florida law shall govern.

16.20 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.

16.21 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. Except for Consolidated Arbitration as described below, 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.

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.