TERMS AND CONDITIONS | TÉRMINOS Y CONDICIONES
Del 1° de Julio, 2022 al 31 de Diciembre, 2022
DolEx Amigo Latino Rewards Program
Terms and Conditions
THESE PROGRAM TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION CLAIMS. PLEASE READ ALL TERMS HEREIN CAREFULLY AS THEY AFFECT YOUR RIGHTS.
THE COMPANY RESERVES THE RIGHT TO MODIFY, TERMINATE, OR OTHERWISE REVISE THE PROGRAM IN ANY MANNER, IN WHOLE OR PART, AT ANY TIME, WITH OR WITHOUT NOTICE, AND THE ACCUMULATION OF QUALIFYING MONEY TRANSFER TRANSACTIONS OR DISCOUNTS, AS SUCH TERMS ARE DEFINED IN SECTION B, BELOW, DOES NOT ENTITLE PROGRAM PARTICIPANTS TO ANY VESTED RIGHTS WITH RESPECT TO SUCH QUALIFYING MONEY TRANSFER TRANSACTIONS, DISCOUNTS, OR PROGRAM BENEFITS.
Participation Is Limited to Consumers 18 Years of Age or Older Who Are Legal Residents of Florida, Georgia, North Carolina, and South Carolina.
PROGRAM OVERVIEW AND KEY DATES: DolEx Amigo Latino Rewards Program (the “Program”) is a loyalty program offered by DolEx Dollar Express, Inc. (the “Sponsor” or “Company”) through which eligible consumers or “Participants,” as defined below, will automatically receive a discount of up to $7.00 U.S. Dollars (USD) (“Discount”) towards the transaction fee on Every Seventh Qualifying Money Transfer Transaction completed by the Participant at a DolEx owned and operated branch location (“Branch Location”). The Discount may be earned a maximum of seven (7) times by any Participant on a total of forty-nine (49) Qualifying Money Transfer Transactions. In other words, for Participants who successfully complete all 49 Qualifying Money Transfer Transactions, the Discount(s) will be applied automatically to the transaction fee(s) for the 7th, 14th, 21st, 28th, 35th, 42nd, and 49th Qualifying Money Transfer Transactions. Transactions on www.DolEx.com (the “Website”) do not qualify and are not counted towards earning the Discount. The Program will begin on July 1, 2022, at 12:00 a.m. Eastern Time (“ET”) and will end on December 31, 2022, at 11:59 p.m. ET, unless otherwise terminated, extended, or modified as described in these Terms and Conditions (“Program Period”). Company reserves the right to terminate, extend or modify the Program Period or any other part of the Program in Company’s sole discretion. Company’s computer is the official time keeping device for the Program.
A. ELIGIBILITY AND REGISTRATION:
1. Eligibility: The Program is only open to legal residents of the states of Arizona, Florida, Georgia, North Carolina, and South Carolina, who are consumers at least eighteen (18) years of age or older at the time of sign-up and who register to participate by texting the number “777” to (817) 886-3952 (“Participant”). Corporations or other entities or organizations of any kind are not eligible to participate in this Program. Employees of the Company, its parent, affiliates, subsidiaries, vendors, representatives, consultants, contractors, legal counsel, public relations, fulfillment, marketing agencies, website providers, webmasters, and advertising and promotion agencies (collectively, the “Program Entities”), as well as the immediate family (spouse, parents, siblings and children, regardless of where they live) and household members of each such employee are not eligible to participate in this Program. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Program or reproduce or distribute any portion of these Terms and Conditions to their members. The Program is void where prohibited by federal, state, or local law. Participation in the Program constitutes each Participant’s full and unconditional agreement to these Terms and Conditions, and representation that Participant meets the eligibility requirements and all other requirements set out in these Terms and Conditions. If you are not eligible to participate, you are prohibited from accessing, using, and registering for the Program.
2. Registration: To participate with the Program, you must simply make a Qualifying Money Transfer Transaction (as defined in subsection B.1., below) at a DolEx owned and operated branch location, then associate your mobile number (“Mobile Number”) with that transaction (which will associate it with a Program profile (“Profile”) for you) by texting the number “777” to (817) 886-3952 with that Mobile Number in order to finalize your registration as a Participant. No other phone number (mobile or otherwise) will be allowed. If you already receive text message communications from DolEx, you may be asked to confirm that your information is correct at the branch location. By sending the number “777” to (817) 886-3952, you consent to: (1) receive automated text messages from Company to complete sign-up; (2) these Terms and Conditions; and (3) the receipt of periodic text messages from time to time with news, updates, offers and notifications and additional automated text messages based upon your replies to the short code, from or on the behalf of Company at the phone number provided. Consent is not required to buy goods and services. See Section D, below, for additional terms relating to text messaging and telemarketing.
Disqualification from the Program may include the cancellation of any/all Profile(s) connected with you and/or pending Discounts or Qualifying Money Transfer Transactions. Only the Participant whose Mobile Number has been associated with a Profile and submitted to the Program will accrue Qualifying Money Transfer Transactions for Discounts. In the event that a Participant creates multiple Profiles, Company will not merge Discounts into one (1) Profile, and only the first Profile associated with the Program will accrue Qualifying Money Transfer Transactions for Discounts.
Multiple Participants are not permitted to share the same Profile or Mobile Number. Use of any automated system to participate is prohibited and will result in disqualification. Company is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any Profile or Mobile Number Account holder, the authorized holder of the Mobile Number used to register will be deemed to be the Program’s Participant. The “authorized holder” is the natural person assigned to the registered Mobile Number. The Mobile Number, as defined above, is the one that must have sent the number “777” to (817) 886-3952. No other phone number (mobile or otherwise) will be allowed.
4. Participant’s Profile: Company may suspend or terminate a Participant’s participation in the Program, or deem a Participant ineligible, if Company suspects that a Participant has engaged in fraudulent activity or any action that violates the intent of the Program Terms and Conditions in connection with the Program. Any failure to abide by these Terms and Conditions or any policies or procedures implemented by Company, any conduct detrimental to Company, or any misrepresentation in connection with the Program may result in the termination of participation in the Program, forfeiture of Qualifying Money Transfer Transactions for Discounts accrued to date, and any rights or remedies available to Company in law or equity.
B. ACCRUING QUALIFYING MONEY TRANSFER TRANSACTIONS:
1. Qualifying Money Transfer Transactions: For purposes of this Program, a “Qualifying Money Transfer Transaction” is a completed money transfer transaction to another person that is initiated at a Branch Location and made by a Participant. Transactions on the Website do not qualify and are not counted towards earning the Discount. Participant may earn Discounts by using his/her Profile to make Qualifying Money Transfer Transactions after registering, as described above.
2. Accruing Qualifying Money Transfer Transactions for Discounts: During the Program Period, a Participant may accrue up to seven (7) total Discounts of up to $7.00 USD that will be applied automatically to the transaction fee for Every Seventh Qualifying Money Transfer Transaction, with a maximum of seven (7) Discounts that may be earned by any Participant on a total of forty-nine (49) Qualifying Money Transfer Transactions.
3. One-Time Only Discount on Every Seventh Qualifying Money Transfer Transaction: Each Discount is usable one time only and will be applied immediately to the transaction fee association with Qualifying Money Transfer Transaction in connection with which it was awarded. No balance will carry over. All one-time Discounts are final.
C. RELATED INFORMATION ON QUALIFYING MONEY TRANSFER TRANSACTIONS:
1. Review of Qualifying Money Transfer Transactions: The number of accrued Qualifying Money Transfer Transactions and/or Discounts for each Participant will be tracked by Company so that the Discount may be applied automatically every Seventh Qualifying Money Transfer Transaction. Company reserves the right to invalidate Qualifying Money Transfer Transaction(s) and/or refuse to provide any Discount(s) if it determines that such Qualifying Money Transfer Transactions and/or Discounts were improperly credited, obtained fraudulently or through any technique that violates the intent of these Terms and Conditions. Validated Qualifying Money Transfer Transactions and/or Discounts that are subsequently determined to be invalid for any reason are subject to disqualification. Company reserves the right to delay the processing of any Qualifying Money Transfer Transactions and/or Discounts without notice to Participants in order to assure compliance with these Terms and Conditions. Any remedy with respect to any unapplied Qualifying Money Transfer Transactions and/or Discounts shall be determined by Company in its sole discretion. Each Participant acknowledges and agrees that the decisions of Company shall be final, binding and conclusive in all matters relating to the Program, including without limitation determinations regarding the validity of Qualifying Money Transfer Transactions and/or Discounts.
2. Right to Modify Accrued Qualifying Money Transfer Transactions for Discounts: Company reserves the right to change the number of Qualifying Money Transfer Transactions required to be accrued for a Discount at any time during the Program. Company further reserves the right to change, add or remove the methods by which Qualifying Money Transfer Transactions are to be accrued.
3. No Cash Value or Transferability: Discounts do not constitute property, do not entitle Participant to a vested right or interest, and have no cash value. As such, Discounts are not redeemable for cash, transferable or assignable for any reason, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. The sale or transfer of Discounts is strictly prohibited; Discounts cannot be sold on any secondary market, and any transfer or sale of Discounts to a secondary market shall be deemed void. If the Program is cancelled, there shall be no carry over or transfer of either Qualifying Money Transfer Transactions and/or Discounts to other Company programs, unless otherwise determined by Company in its sole and absolute discretion. As such, all Qualifying Money Transfer Transactions and/or Discounts and redemptions are only associated with the Mobile Number associated with the Participant’s Profile.
4. Other Promotional Opportunities: From time to time, Company may offer additional limited-time opportunities (“Promotional Opportunities”) to earn Discounts or other rewards based on Qualifying Money Transfer Transactions. Company will provide notice of such additional opportunities on the Website. It is Participant’s responsibility to monitor the Website for any such Promotional Opportunities.
5. No Refunds: No refunds will be provided on any Qualifying Money Transfer Transactions. Qualifying Money Transfer Transactions are awarded “as is” with no warranty or guarantee, either express or implied by Company. All Qualifying Money Transfer Transactions details are at Company’s sole discretion. Unless otherwise required by law or stated under these Terms and Conditions, Company will have no obligation to refund Qualifying Money Transfer Transactions and/or Discounts to a Participant. Company reserves the right to modify, change, and otherwise revise these Terms and Conditions on the Website, including and without limitation, terms relating to the required number of Qualifying Money Transfer Transactions for any such Discount. Company reserves the right to discontinue, cancel or refuse to fulfill any Qualifying Money Transfer Transactions and/or Discounts that become the subject of fraudulent activity, hacking, or other illegal activity, as determined by Company in its sole discretion. Each Participant is responsible for ensuring that his/her Mobile Number and other Participant information are accurate and updated. Changes to a Participant’s information may only be made by or at the request of the Participant to Company. Qualifying Money Transfer Transactions and/or Discounts will be applied automatically to a Participant’s Profile, except where prohibited by law. Company is not responsible for any incorrect or inaccurate information supplied by any Participant. All Qualifying Money Transfer Transactions and/or Discounts redemptions are final unless otherwise determined by Company.
D. COMMUNICATIONS/PHONE REGISTRATION/TELEPHONE MONITORING:
1. Communication: Company may send communications about the Program and marketing messages to Participant at any mailing or email address in Company’s records or through Company’s Website or other online services, SMS, or other messaging services.
2. Enrollment of Mobile Number to Receive Text Messaging: A Participant, by providing his/her mobile number or other phone number and enrolling in the Program, provides Company and/or its agents with Participant’s express written consent to receive marketing messages, SMS, and texts, including by automated means (e.g., autodialed), at the number provided, even if the number is on a corporate, state, or national Do Not Call list. Participant acknowledges and agrees that Participant is not required to agree as a condition of any purchase or service, and Participant represents he/she is at least 18 years old. To opt-out of marketing messages, please contact Company’s Customer Service team at 1-800-892-0210 or by visiting https://www.dolex.com/contact-us/.
Participant can unsubscribe from receiving marketing messages, SMS, and texts at any time by texting “CANCEL” to (817) 886-3952 (a confirmation message will be sent). If Participant has any questions, he/she can text “HELP” to (817) 886-3952 or contact Company at 1-800-892-0210. If Participant unsubscribes, Company may send Participant a text message confirming that he/she has been unsubscribed and that he/she will not receive any additional messages unless he/she re-subscribes. Company in its sole discretion may add or delete a cellular carrier at any time, without notice. Proof of text messaging the Short Code is not considered proof of delivery to or receipt by Company. For full mobile terms and conditions, please see https://www.dolex.com/legals/#privacypolicy. To enroll in the SMS program, PARTICIPANT MAY BE CHARGED A FEE FOR MESSAGE TRANSMISSION AND DELIVERY BY HIS OR HER CELLULAR NETWORK CARRIER. Other charges may apply (such as normal airtime and carrier charges) and may appear on Participant’s mobile phone bill or may be deducted from his/her prepaid account balance. Wireless carriers’ rate plans may vary, and Participant should contact his/her wireless carrier for more information on messaging rate plans and charges relating to his/her participation in this Program. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Participants should check their phones’ capabilities for specific instructions. Participation via text message will be available on participating wireless carriers only and wireless carriers’ instructions for automated text messaging may vary. Limit: One (1) Mobile Number registration/Profile per Participant. Any person attempting to obtain or use more than one Mobile Number, email address, identity, or Profile will be disqualified from participating in the Program in the Company’s sole discretion.
3. Telephone Monitoring: Participant agrees that Company may listen to and record telephone calls as part of providing Program services.
4. Change in Contact Information: It is Participant’s responsibility to notify Company of any changes to contact information by contacting Company’s Customer Service team at 1-800-892-0210.
E. OTHER TERMS AND CONDITIONS:
- Program Modification and/or Termination: Company reserves the right, in its sole discretion, for any reason, with or without cause and at any time, to cancel, modify, restrict, or terminate the Program, in whole or in part, or any aspect of the Program, in whole or in part, including, without limitation, the accrual of or use of Qualifying Money Transfer Transactions, the minimum or maximum value of the Discount, the number of Discounts that can be earned through the Program, the expiration of Qualifying Money Transfer Transactions and/or Discounts, and other promotional opportunities. Company may take any such action(s) without advance notice, except that Company will give you thirty (30) days’ notice if it changes the value of Discounts, or the rate at which you may earn Discounts, or the number of Discounts that you may earn, or if Company adds (or changes) any fees imposed in connection with the Program. Additionally, Company may, in its sole discretion, terminate the Program, in whole or in part, at any time, with thirty (30) days’ notice, which may result in the loss of any further ability to accrue Qualifying Money Transfer Transactions to earn Discounts in conjunction with the Program. “Termination” shall be defined as ending the Program, with no further ability to accrue Discounts or any other benefits by making Qualified Money Transfer Transactions in connection with the Program by any Participant in the Program; the Program has not been terminated if a replacement/successor program is made available to the Program Participants that offers the Participants a reasonable means to accrue Qualifying Money Transfer Transactions and/or to receive Discounts. All accrued Qualifying Money Transfer Transactions will be lost if the Program is terminated. In the event that Company suspends or terminates the Program early, Company will send notice to you in writing, which, at Company’s option, may be delivered to you electronically by email; through any online services on the Website; or by text, voicemail, or other communication to the Mobile Number; as well as posting notice on the Website, thirty (30) days in advance to provide a notice period (the “Notice Period”) to allow Participant to prepare for the termination of the Program. Company may make changes to any element of the Program at any time and without any notice to correct for typographical, printing or other errors. At all times, Participants are solely responsible for remaining knowledgeable about and in compliance with these Terms and Conditions. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning the Program will be resolved at the sole discretion of Company and its decisions will be final and binding with respect thereto. No requests for exchanges or redemption of cash equivalent for the Discounts will be considered, and no substitutions will be made, except at Company’s sole and absolute discretion. No responsibility is assumed by Company or its affiliates for cancelled, delayed, suspended or rescheduled delivery. Company is not responsible for incorrect or inaccurate accrual of Qualifying Money Transfer Transactions, Discounts or Program information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Program or by any technical or human error which may occur in the processing of the Qualifying Money Transfer Transactions and/or Discounts. Company reserves the right, in its sole discretion to cancel or suspend this Program should fraud, virus, bugs or other causes beyond the control of Company corrupt the administration, security or proper conduct of the Program. Company is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Automated participation is prohibited, and any use of automated devices will cause disqualification. Participants may not participate with multiple email addresses or identities nor may Participants use any other device or artifice to request a redemption multiple times or as multiple Participants. Company may reject any redemption request from any Participant who attempts to participate with multiple email addresses under multiple identities or uses any device or artifice to participate multiple times, and such Participant will forfeit any redemption, in Company’s discretion.
2. Cancellation/Expiration: “Cancellation” shall be defined as the expiration or revocation of an individual Participant’s ability to participate in the Program, for any reason, with or without cause. A Participant’s Profile may be cancelled or deactivated, or a Participant may be barred from further participation in the Program, for any of the following reasons: (a) at Participant’s request; (b) Participant is deceased; (c) Participant fails to respond to repeated communication attempts/emails regarding the status of his/her participation in the Program, and/or attempts to correct information regarding Participant; (d) Participant relocates to a jurisdiction outside of the stated eligibility; and/or (e) Company determines that Participant has engaged in fraudulent behavior or any other behavior in violation of the Program Terms and Conditions. Automated actions, including automated Money Transfer Transactions, are prohibited, and any use of automated devices will cause disqualification. Participants may not participate with multiple email addresses or identities nor may Participants use any other device or artifice to request a redemption multiple times or as multiple Participants. Company may reject any transaction or refuse to apply any discount from and/or cancel any transaction and/or delete the Profile of any Participant who attempts to participate with multiple email addresses or Mobile Numbers or under multiple identities or uses any device or artifice to participate multiple times, in Company’s discretion. Company reserves the right, in its sole discretion and without notice, to cancel or expire a Participant’s participation in the Program. All accrued Qualifying Money Transfer Transactions will be lost if a Profile is cancelled or expires.
If Participant is permitted to participate in the Program after cancellation or expiration, such participation will require opting into the Program Terms and Conditions as of the date of the renewal, and Participant will have zero (0) Qualifying Money Transfer Transactions at the time of re-engagement.
1. Participants are responsible for the payment of all taxes which may result from participation in the Program.
2. Participants may be required to complete tax documents, including an IRS W-9 or equivalent, in order to receive prizes won through any promotional games offered by Company in connection with this Program or if they win an aggregate value of $600 in prizes in one calendar year. Participant will then receive an IRS Form 1099 reporting the total value of all prizes won for the applicable calendar year.
G. GENERAL TERMS AND CONDITIONS:
1. Company reserves the right to suspend or discontinue the eligibility of any Participant or other person who uses or is suspected of using the Program in a manner inconsistent with these Terms and Conditions or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of Program eligibility, Company shall have the right to take appropriate administrative and/or legal action against such persons, including criminal prosecution, as it deems necessary in its sole discretion.
2. Any attempt by a person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Company may seek damages from any such person to the fullest extent permitted by law. Company’s failure to enforce any of these Terms and Conditions shall not constitute a waiver of this, or any other provision.
3. All questions or disputes regarding eligibility for the Program or any individual money transfer transaction, the availability of Discounts, or a Participant’s compliance with these Terms and Conditions will be resolved by Company in its sole discretion. By participating, Participants agree that all decisions made by Company or its designated agents regarding the Program, Discounts, or Participant’s eligibility are final.
4. Company is not responsible for any incorrect or inaccurate information supplied by Participants in connection with the Program.
5. All dollar amounts referred to under these Terms and Conditions are in U.S. Dollars (USD).
6. Company may assign its rights and obligations under these Terms and Conditions to a third party, who will then be entitled to any of Company’s rights that are assigned to the third party.
7. These Terms and Conditions and the use of the Program are governed by federal law, as well as the law of the state of Texas, which will apply no matter where Participant lives or uses the Program, and all other applicable laws and regulations.
H. FORCE MAJEURE:
Without limitation to Company’s other rights set forth in these Terms, Company hereby retains the right (in its sole discretion) to suspend, modify and/or terminate the Program in the event that completion of the Program is prevented or interrupted because of force majeure events, including any strike, fire, war, terrorist, or governmental action, epidemic, pandemic or any disruptive event beyond our control. If the participation is suspended as set forth herein, the period of participation in the Program shall be deemed extended by a period equivalent to the periods of suspension, unless otherwise announced on the Website. Notwithstanding the foregoing, no termination hereunder shall affect Company’s rights hereunder or any of its rights in and to the Program, which shall remain in full force and effect.
If any part of these Terms and Conditions, excluding the Disputes section below, is found by a court or arbitrator to be invalid, illegal, or unenforceable, as written or as applied, then such provision will be revised to the extent necessary to make it valid, legal, and enforceable, as written or as applied, and the remaining parts of these Terms and Conditions will remain in full force and effect.
Any controversy or claim arising out of or relating to the Program shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.
In resolving a claim for arbitration, the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Company shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. ENTRANT MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
DO NOT PARTICIPATE IN THIS PROGRAM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
BY PARTICIPATING IN THIS PROGRAM, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, ANY QUALIFYING MONEY TRANSFER TRANSACTION OR ANY DISCOUNTS WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL.
K. RELEASE AND LIMITATION OF LIABILITY:
1. To the maximum extent permitted by law, all Participants, on their own behalf and on behalf of their heirs, executors, and administrators, as a condition of participation in this Program, agree to and hereby do release the Company, and its parent company, subsidiaries, affiliates, agents, promotion and advertising agencies, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers (the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Website, creating a Profile, or otherwise participating in any aspect of the Program, the receipt, ownership, use, or misuse of any Discount, or any typographical or other error in these Terms and Conditions or other Program materials (including, without limitation, on the Website, point of sale material, product packaging, email, or any other Program website). Participant bears all risk of loss or damage to any Discount (if any) after it has been delivered.
2. The Released Parties are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet, at any Website or any combination thereof. In the event that online access is temporarily corrupted and suspended, notice of such will be provided at the Website and Participants are advised to keep proof of any Qualifying Money Transfer Transactions and/or Discounts until such time that the Program, as originally intended, may be resumed, as determined by Company in its sole discretion.
3. By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless the Released Parties from and against any claims, liabilities, damages or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by any third party.
4. UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF PARTICIPATION IN THE PROGRAM OR A QUALIFYING MONEY TRANSFER TRANSACTION, OR RECEIPT OF A DISCOUNT, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EVEN IF ARISING FROM NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF COMPANY OR ITS AGENCIES IMPROPERLY DENY A PARTICIPANT ANY DISCOUNT, LIABILITY WILL BE LIMITED TO NO MORE THAN THE VALUE OF THE DISCOUNT STATED HEREIN ($7 USD). BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
L. DISCLAIMER OF WARRANTY:
COMPANY MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM, WHICH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS PROGRAM WILL BE ERROR-FREE OR AVAILABLE AT ALL TIMES. COMPANY FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, CONFORMITY WITH DESCRIPTION AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE PROGRAM AND REWARDS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
TO THE FULLEST EXTENT ALLOWABLE BY LAW, COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED THROUGH THE PROGRAM. THOSE INCLUDE ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
© 2022 DolEx Dollar Express, Inc., 701 Highlander Blvd. Suite 300, Arlington, TX 76015.
All rights reserved.