Parties to Agreement. The Parties to this User
Agreement are You and DolEx Dollar Express, Inc. (DolEx). As used
throughout this User Agreement, the terms "DolEx" "we,"
"us," and "our" refer to DolEx Dollar Express, Inc., a
Texas Company with its employees, (collectively known as “DolEx”). The terms
"You" and "“Your" refer to users of the Service, whether in
their capacity as Senders, Recipients or visitors to our stores or websites.
Scope of Agreement. This User Agreement covers
all interactions between DolEx and You, including the terms and conditions
under which You may access and use DolEx’s Services.
1. Overview of the Service
A. The Service & Where Service is
Performed. The Money Transfer Service provided by DolEx are the
activities associated with sending money transfers at our physical locations or
via online website (www.Dolex.com).
B. Use of Service is Binding Agreement.
By accessing and using the Service, you are agreeing to the terms of this User
C. Use of Service. The Service
is provided for our customers to send money to their family and
D. Consumer Fraud WARNING.
Sending a Money transfers is like paying in cash. Once you have
completed the transaction you may not be able to recoup the
funds. You should not send money to anyone that you do not know, or
to pay for any merchandise. Contact us at: 1-800-892-0210
if you think you may have been victim of fraud.
The Service allows people to send and receive money to the
countries we service. To that end:
A. "Sender" is someone who uses
the Service to send money.
B. "Recipient" is an Individual
who receives money from a Sender through the DolEx’s Money Transfer Service
C. “Service Providers” are local banks, and
other third-party service providers, which pay or deposit funds to Recipients’
D. "Recipient Country" is the
country to which the money transfer is directed. It is the country
where the recipient of the funds or the recipient’s account is located.
E. "Transaction" is the Sender’s
instructions for the money transfer transaction being sent using DolEx’s Money
F. “Transaction Fee” is the fee charged to
the sender for the Money Transfer transaction
G. "Transaction Amount" is the
amount that the Sender provides to DolEx to send the Transaction.
H. “Payment Instrument” is a paper-based or
electronic means or other medium used to initiate the transfer of
funds. Payment Instruments include funds transfer instructions (in
particular, payment documents) and electronic means
of payment. Payment Instruments include Your debit card or bank
account, but not prepaid payment cards.
I. "Payout Amount" is the amount
paid out to the Recipient, excluding any taxes or charges that may be levied
under the laws of the Recipient Country (the "Local Taxes").
3. Accessing the Service
A. Eligible Users. You must be at
least eighteen years old to access or use the Service as a Sender. You must be
able to form legally binding contracts under applicable law. Other restrictions
B. Users Must Provide Accurate Information.
Sender acknowledges and agrees that will it provide DolEx with true, accurate,
current and complete information. Sender acknowledges and agrees that money
funds deposited to an incorrect account number provided may not be recouped.
C. No Illegal Activity. You
agree that You will not use DolEx’s money transfer services for or in
connection with any illegal or prohibited activity.
D. Changes to Transaction. Once
the transaction is completed online, DolEx will begin to execute the
transaction immediately. Generally, changes are not able to be
made. Double check the transaction information before finalizing the
E. Mobile Services. If you access the
Service using your mobile device, your carriers’ charges and fees still apply.
F. Not Available to All Users. The
Service is only available in the States in which DolEx is licensed as a Money
If You submit a Transaction, You are requesting that we process
Your Transaction, an offer which we may accept or reject at our sole discretion
from our principal place of business in Texas.
A. Charges. For each Transaction that
You submit, You are agreeing to pay the Transaction Fee plus the Transaction
amount to DolEx. Payment is accepted in U.S. Dollars only and is due
at the time that your transaction is submitted for processing. If
DolEx is charged non-sufficient fund fees, chargeback fees, or other similar
fees, as a result of processing your transaction, You agree to reimburse us for
all such fees immediately upon request. For Transactions funded from the
Sender's bank account, You agree that DolEx may conduct additional processes as
part of our effort to confirm ownership of the account.
B. Payment Authorization. By
Submitting your transaction, You authorize us to access, charge or debit funds
to from the payment instrument provided on your transaction. If the payment fails
or is rejected by your banking institution, we may retry processing the
transaction additional time (s) or at a later time. You may
authorize us to try debiting a different Payment Instrument. You represent and
warrant that You are the lawful owner of Your Payment Instrument(s).
C. Other Charges For Which You May Be
Responsible. DolEx is not responsible for any fees or charges that
may be imposed by the financial institutions associated with Your Payment
D. Foreign Exchange. All currency
exchanged under the money transfer service is received by DolEx at a rate of
exchange. Currency is offered to Sender at the rate of exchange specified on
the receipt, and the Recipient will receive the foreign currency amount
specified on the receipt.
E. Confirmation of Currency. For Bank
Deposits, Currency to be received by recipient must be the same as the currency
in which the bank account is held. You agree to provide correct bank account
information prior to submitting your transaction for processing.
5. Transaction Payouts
A. Appointment of Agent. We work
with Service Providers to pay funds out to Recipients. You, in Your
capacity as a Sender, hereby appoint Your Recipient as Your agent for the
purpose of receiving funds in connection with the Service.
B. Location and Hours of Payment locations.
DolEx strides to maintain accurate and complete information regarding the
available payment locations. However, at times these locations can change
without prior warning. You agree that DolEx is not responsible for
any inaccurate or incomplete information that may be posted on its websites.
C. Verification. Recipients will be
required to provide valid, unexpired identification document(s) before
receiving their funds. A transaction number, folio or other
identifier associated with the transaction may also be required.
D. Data Collection, Storage and Accuracy.
You give DolEx permission to contact Your Recipient or the Service Company and
store all such data, as necessary to provide the Service. Please verify account
information and bank details are correct prior to submitting Your transaction
because DolEx is not responsible for verifying accuracy of information. If
account information and bank details are incorrect for your intended recipient
but they are a valid account for the banking institution, your funds may be
deposited into the un-intended bank account. Once funds are
deposited, they may be not be recovered.
6. Restrictions and Conditions
A. General. DolEx may at any time and
in our sole discretion, refuse any Transaction or limit the amount to be
transferred, either on a per Transaction basis or on an aggregated basis
without prior notice. Any such limits may be imposed on individual accounts or
on related accounts or households, in DolEx’s sole discretion. We reserve the
right at any time, and from time to time, to modify or discontinue the Service
(or any part thereof) with or without notice.
B. Delays. Your Transaction may be
delayed or cancelled due to DolEx applying its anti-money laundering
regulations, inability to validate your identity, suspected fraud, payment
issues with the destination country or other reasons. This
cancelation can take place without prior notice.
C. Commercial Transactions. You agree
that You will only use the Service to send money to people or for Recipients
that You know personally and for personal reasons. DolEx may close your account
should we determine transactions being sent for a commercial purpose.
D. Unauthorized Transactions. You may
not use the Service in violation of this User Agreement. You may not
use the Service for any of the following activities (without
limitation): illegal, unlawful activities, gambling activities,
fraud, money-laundering, selling or purchasing of services or substances (legal
or illegal), funding terrorist organizations among others. DolEx will close
your account and may report your activities to the appropriate law enforcement
agencies should we suspect any activity being conducted in violation of this
E. Reservation of Rights. DolEx
may at our own and sole discretion, cancel any Transaction and close any
account that we suspect is being used in violation of this User Agreement.
F. Ineligibility. Not all Payment
Instruments are available to all customers at all times. We may, in our sole
discretion, refuse Transactions funded from certain Payment Instruments. We
may, in our sole discretion, refuse Transactions from certain Senders, for
certain Recipients or to certain Recipients or Service Companies, including
without limitation, entities and individuals that are included on the Specially
Designated Nationals list, Non-cooperative Countries and Territories list, and
such other lists as may be issued from time to time by the U.S. Department of
Treasury and other government agencies.
G. Must Act On Own Behalf. You may not
submit a Transaction on behalf of any other person, entity or
charitable organization without DolEx’s express consent. We may, at any time
and in our sole discretion, refuse any Transaction, or close any account which
is not in compliance with this User Agreement.
H. Changes to your transaction. You
are expected to verify the details of Your Transaction before submitting your
transaction for processing. Once you have submitted your transaction
it may not be possible to execute changes to your transaction.
I. Restricted Activities. You as
a user of the Service will not breach this User Agreement. Your will
not open more than one account or provide false, inaccurate or misleading
information. Additionally, you agree to cooperate in any investigation or
provide any additional information required to investigate and confirm your
identity and the validity of your transaction.
7. Limitation of liability
A. Limitation of Liability. DolEx
makes all reasonable steps to provide money transfer services as instructed by
the Sender. Unless otherwise expressly required under the laws of the
jurisdiction governing the transaction, neither DolEx nor any of its agents
shall be held liable for damages beyond the amount of the money transfer
transaction and its associated fees.
8. Collection of Information
service and agreeing to this User Agreement, You consent to DolEx’s Privacy
B. Customer Identification Program. In
order to process and verify your transaction DolEx is required to obtain public
and nonpublic personal identifiable information about You and Your
Recipient. This information will need to be verified and recorded in
our system and maintained for a period of 5 years from the date of your
transaction as required by FinCEN’s Bank Secrecy Act. Reference
C. Government Disclosures. We may provide
information about You and Your Transactions to government authorities and
D. Verifying Information. You
understand that DolEx will verify information through third parties to confirm
information about you. You may be required to provide additional
information, adding additional steps to your transaction such as confirming
your email address, Your mobile number, etc. This verification
can also apply to your recipient.
9. Errors and Problems
A. Errors. You have a right to dispute
errors in Your Transaction. If You think there is an error, You must contact us
within 180 days of the Transaction at 1-800-892-0210 or by email at email@example.com or
online. You can also contact us for a written explanation of Your rights.
We will investigate the alleged error and make a determination within 90 days
following the date You contact us. We will communicate the results of such
investigation and determination no later than 3 business days of the date when
made or expiration of the 90-day period above, whichever occurs first. If we
determine there was no error, we will send You a written explanation for such
B. Problems. You can cancel for
a full refund within 30 minutes of authorizing Your Transaction, unless the
funds have already been picked up, deposited, delivered or paid to the
Recipient or Service Company. If You timely cancel a Transaction as described
above (and the funds have not already been picked up, deposited, delivered or
paid to the Recipient or Service Company), DolEx will refund Your money within
3 business days of Your request to cancel.
C. Uncollected Money
Transfers. All money transfers, which have not been collected by the recipient,
will be cancelled after 30 days from the transaction date (may be less
depending on the state originated or certain payers
not refunded after 90 days are subject to the Unclaimed Property Law and may
incur a service charge for administrative costs to notify you.
The service charge will be deducted
from the balance of the principal amount. The service charge is subject to
change without notice. The amount to be reimbursed will be solely the principal
amount, without interest, minus the service charge.
D. Questions and Complaints. For
questions or complaints about DolEx, contact us online; by telephone at
1-892-0210; by email at: firstname.lastname@example.org ; or by
mail at DolEx Dollar Express, Inc. , Attention: Regulatory Compliance 701
Highlander Blvd., Ste 300 Arlington, TX 76015
E. General. Please let us know if You have any
problems with the Service. You can contact us using the contact information at
the bottom of this User Agreement.
F. Information for Residents of Certain
Jurisdictions. Residents of certain jurisdictions may also consider
(i) California. For
unresolved issues, you may file a complaint online at: http://www.nmlsconsumeraccess.org/California. If You
have complaints with respect to any aspect of the money transmission activities
conducted with DolEx, You may contact the California Department of Business
Oversight at its toll-free telephone number 1-800-275-2677, submit a complaint
at www.dbo.ca.gov, or by mail at Department of
Business Oversight, Consumer Services, 1515 K Street, Suite 200, Sacramento,
(ii) Colorado. Entities
other than FDIC insured financial institutions that conduct money transmission
activities in Colorado, including the sale of money orders, transfer of funds,
and other instruments for the payment of money or credit, are required to be
licensed by the Colorado Division of Banking pursuant to the Money Transmitters
Act, Title 11, Article 110, Colorado Revised Statutes. If You have a Question
about or Problem with YOUR TRANSACTION - THE MONEY YOU SENT, You must contact
the Money Transmitter who processed Your transaction for assistance. The Division
of Banking does not have access to this information. If You are a Colorado
Resident and have a Complaint about THE MONEY TRANSMITTER – THE COMPANY THAT
SENT YOUR MONEY, ALL complaints must be submitted in writing. Please fill out
the Complaint Form provided on the Colorado Division of Banking’s website and
return it and any documentation supporting the complaint via mail or email to
the Division of Banking at: Colorado Division of Banking, 1560 Broadway, Suite
975, Denver, Colorado 80202. Email: DORA_BankingWebsite@state.co.us Website: www.dora.colorado.gov/dob.
(iii) Illinois. If
You have complaints or other concerns with respect to any aspect of the money
transmission activities conducted with DolEx, You may contact the Illinois
Department of Financial and Professional Regulation toll free at 1-312-814-5153
or file a complaint at www.idfpr.com.
Entities other than FDIC insured financial institutions that conduct money
transmission activities in Maryland, including the sale of money orders,
transfer of funds, and other instruments for the payment of money or credit are
required to be licensed by the Commissioner of Financial Regulation of the
State of Maryland, pursuant to the Money Transmission Code Ann., Title 12,
Subtitle 4. The Commissioner of Financial Regulation for the State of Maryland
will accept all questions or complaints regarding this authorized delegate of DolEx
Dollar Express, Inc. at: Commissioner of Financial Regulation,
Attention Complaint Unit, 500 North Calvert Street, Suite 402, Baltimore,
Maryland 21202 or telephone Complaint Unit: 410-230-6390. Consumer complaints
should be in writing, providing as much detail as possible. Please include (1)
the name of the institution and the name of any person(s) at the institution
with whom the complainant has had contact and include telephone number(s) and
addresses, (2) a complete description of the complaint and any efforts that
have been made to resolve the complaint directly with the institution, (3)
copies of any available documentation supporting the complaint and efforts
toward resolution, and (4) any suggestions regarding a preferred resolution of
If You are a resident of Massachusetts and You have an unresolved complaint,
You may contact the Consumer Assistance Section of the Massachusetts Division
of Banks, Consumer Line 617-956-1501, Toll-Free 1-800-495-2265 (MA only)),
website: www.mass.gov/dob, or by sending a written
complaint to the Division of Banks to 1000 Washington St, 10th. Floor, Boston,
(vi) New York.
DolEx is licensed by the New York Department of Financial Services to receive
money for transmission and to transmit the same. New York customers can direct
unresolved complaints to regulatory authorities at Department of Financial
Services, Consumer Assistance Unit, One Commerce Plaza, Albany, New York 12257;
telephone 212-480- 6400, Toll-Free 1-800-342-3736, or website www.dfs.ny.gov.
(vii) Texas. If You
have a complaint, first contact DolEx Dollar Express, Inc. at
1-800-892-0210. If You are a Texas resident and You still have an unresolved
complaint regarding DolEx money transmission activity, please direct Your
complaint to the Texas Department of Banking: Texas Department of Banking in
person or by US Mail at 2601 North Lamar Boulevard, Austin, Texas 78705
Telephone Number 1-877-276-5554 (toll free) Fax Number 1-512-475-1313; Email
Address: email@example.com. Website
A. Cancellation and Refunds. You can
cancel Your Transaction for a full refund within 30 minutes of authorizing Your
Transaction, unless the funds have already been paid out or deposited into the
Recipient’s account. To request a refund, please contact Customer Service
1-800-892-0210. DolEx will make every effort not to debit Your
Payment Instrument after it has received Your request for cancellation.
However, in some cases, DolEx may have initiated an irreversible request for
funds from Your financial institution prior to receiving Your request for
cancellation. In such cases, Your Payment Instrument may be debited even if You
have cancelled Your Transaction but DolEx will refund Your money usually within
3 business days after we have received the funds from Your financial
institution. Refunds will be credited to the same Payment Instrument used to
pay for the Transaction. Refunds are only made in U.S. Dollars. Refund amounts
will not be adjusted to account for changes in the value of the U.S. Dollar or
foreign currency from the time Your Transaction was submitted.
Notwithstanding the foregoing, residents of certain jurisdictions should read
(i) California. The
following applies only to Transactions that are submitted by Senders in California.
RIGHT TO REFUND: You, the customer, are entitled to a refund of the money to be
transmitted as the result of this agreement if DolEx does not forward the funds
received from You within 10 days of the date of its receipt, or does not give
instructions committing an equivalent amount of funds to the person designated
by You within 10 days of the date of the receipt of the funds from You unless
otherwise instructed by You. If Your instructions as to when the funds shall be
forwarded or transmitted are not complied with and the funds have not yet been
forwarded or transmitted You have a right to a refund. If You want a
refund, You must mail or deliver Your written request to DolEx, at 701
Highlander Blvd., Ste 300 Arlington, TX 76015, USA. Attention: Customer
Service. If You do not receive Your refund, You may be entitled to Your money
back plus a penalty of up to $1,000 and attorney's fees pursuant to Section
2102 of the California Financial Code.
The following applies only to Transactions that are submitted by Senders in the
State of Washington: You, the customer, are entitled to a refund of all moneys
received for transmittal within ten days of receipt of a written request for
refund unless any of the following occurs: (a) The monies have been
transmitted and delivered to the recipient prior to receipt of the written
request for a refund; (b) Instructions have been given committing an
equivalent amount of money to the person designated by the customer prior to receipt
of a written request for a refund; (c) an authorized delegate has reason to
believe that a crime has occurred, is occurring, or may potentially occur as a
result of transmitting the money as requested by the customer or refunding the
money as requested by the customer; or (d) DolEx is otherwise barred by law
from making a refund.
11. Dispute Resolution: Agreement to Arbitrate Disputes
A. Agreement to Arbitrate Disputes.
This section of the User 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 Texas and will be governed by the
laws of the State of Texas together with the Federal Arbitration Act (9 U.S.C.
§§ 1-16) (the “FAA”).
B. Time of Acceptance of Agreement to
Arbitrate Disputes. Your agreement with DolEx to arbitrate disputes
starts when You accept the terms and conditions of this User Agreement. You
accept the terms and conditions of this User Agreement by doing any of the
following: (i) receiving this User Agreement and Agreement to Arbitrate
Disputes and not opting out within 14 days of receipt; ; (ii) giving us a
written or electronic signature, or telling us orally that You accept;
(iii) using the Service; (iv) Sending a Payment through the Service as a
Sender; (v) Receiving a Payment using the Service as a Recipient; or (vi)
Paying for the Service.
C. Effect of Acceptance. ONCE
ACCEPTED, THIS AGREEMENT TO ARBITRATE DISPUTES APPLIES TO ALL DISPUTES BETWEEN
YOU AND DOLEX REGARDLESS OF WHEN THE CIRCUMSTANCES GIVING RISE TO THE DISPUTE
OCCURRED. If You have any questions, contact DolEx’s Customer Service
Department to have Your questions answered.
D. 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 DolEx at: 701 Highlander Blvd., Ste 300
Arlington, TX 76015 Attn: Regulatory Compliance Department.
E. 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
DOLEX 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.
F. 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 DolEx and/or any interactions between You and DolEx, including
but not limited to all disputes or claims arising out of or relating to the
Service. References to You and DolEx 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.
G. 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.
H. Types of Relief. All
claims between You and DolEx, 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.
I. Delegation Provision. You and
DolEx 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 Texas and will be governed by the laws of
the State of Texas together with the FAA. Your agreement with DolEx to be bound
by this Delegation Provision starts when You accept the terms and conditions of
this User Agreement.
J. Single Arbitrator. Claims
shall be heard by a single arbitrator.
K. No Class Action In Arbitration.
You and DolEx agree that any arbitration will be conducted on an individual
basis and not on a consolidated, class wide, or representative basis. Further,
You and DolEx 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.
L. 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.
M. Interpretation of Agreement to
Arbitrate Disputes. You and DolEx agree that use of the Service
evidences a transaction in interstate commerce and this arbitration provision
will be interpreted and enforced in accordance with the law of the State of
Texas, the FAA and federal arbitration law.
N. 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.
O. 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), DolEx 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 DolEx in accordance
with AAA Rules. Additionally, DolEx 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.
P. Location of Arbitration.
Unless You and DolEx 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 Arlington, Texas, unless You and DolEx agree otherwise. Either or both
parties may participate in the proceedings by telephone. The arbitrator shall,
to the extent permitted, apply the law of Texas to resolve the underlying legal
dispute and legal causes of action between You and DolEx. Notwithstanding
anything to the contrary, the arbitrator shall apply the laws of the State of
Texas and the FAA to interpret and enforce this arbitration provision.
Q. 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 DolEx 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 DolEx 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.
R. 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.
S. 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 USER 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 (800) 892-0210 (toll free) OR BY WRITING
TO DOLEX, ATTN: REGULATORY COMPLIANCE DEPARTMENT, 701 HIGHLANDER BLVD., STE 300
ARLINGTON, TEXAS 76015 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.
12. Waiver Of Jury Trial, Class Claims, and Governing Law
A. 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 DolEx agree that there will not be a jury trial. You
and DolEx 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 DolEx 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.
B. 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 DolEx agree that any action will be conducted on an
individual basis and not on a consolidated, class wide, or representative
basis. Further, You and DolEx agree that the court may not consolidate
proceedings or more than one person’s claims and may not otherwise preside over
any form of a representative or class proceeding. Each party waives the right
to litigate in court (or arbitrate) any claim or dispute as a class action,
either as a member of a class or as a representative, or to act as a private
C. Governing Law. This User
Agreement shall be governed according to the laws of the State of Texas, and
all activities performed in connection with the Service shall be deemed to have
been performed in Texas. Any controversy, dispute, or claim arising out of or
relating to the Service or User Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, except that body of law
governing conflicts of law.
13. Use of Our Software: DolEx Intellectual Property
A. DolEx Intellectual Property.
You acknowledge that the Service, including but not limited to the content of
our websites, text, graphics, links, buttons, logos, and images, as well as all
other DolEx patents, copyrights, trademarks, trade secrets, service marks,
logos, and product and service names are owned exclusively by DolEx (the
"DolEx Intellectual Property"). You agree not to display, use, copy
or modify the DolEx Intellectual Property in any manner.
B. Authorized Use. You are
authorized solely to view and retain a copy of the pages of our websites for
Your own personal, non-commercial use. You further agree not to: (i) engage in
or use any automated devices, data mining, robots, scraping or similar data
gathering or extraction methods to access or use the Service; (ii) modify,
copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative
works based on the Service, in whole or in part, except that the foregoing does
not apply to the information that You legally upload to the Service; (iii)
remove or alter any author, trademark or other proprietary notice or legend
displayed on our websites (or printed pages thereof); or (iv) infringe DolEx’s
or any third party's copyright, patent, trademark, trade secret or other
intellectual property rights, or rights of publicity or privacy.
C. DolEx Software Is the Property of DolEx.
The technology and software underlying the Service or distributed in connection
therewith are the property of DolEx, its affiliates and Service Providers (the "Software").
D. Terms Of Licensure And Use of Software.
Subject to the terms and conditions of this User Agreement, DolEx hereby grants
You a non-transferable, non-sub licensable, and non-exclusive right and license
to use the object code of any Software on Your device(s) solely in connection
with the Service, provided that You agree not to copy (except as expressly
provided herein), modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, or otherwise transfer any right in the Software. Any rights
not expressly granted herein are reserved by DolEx.
14. Disclaimer of Warranties
A. “As Is” Service. THE SERVICE
AND SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES,
EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON- INFRINGEMENT.
B. No Representations. We make
reasonable efforts to ensure that Transactions are processed in a timely
manner, but we make no representations or warranties regarding the time needed
to complete processing because the Service is largely dependent on many factors
outside our control. Some jurisdictions do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to You. This warranty
gives You specific legal rights and You may also have other legal rights that
vary state to state. Notwithstanding the foregoing, You may have a right to a
refund or to the Dispute Resolution provision, as expressly described herein.
A. Indemnification. You agree to
indemnify and hold DolEx, its suppliers, vendors, Service Providers, Service
Companies and their respective subsidiaries, officers, agents, partners,
employees, and consultants harmless from any claim or demand, made by any third
party due to or arising out of Your use of the Service, Your connection to the
Service, Your violation of the User Agreement, or Your violation of any rights
of a third party.
A. Customer Updates. You must promptly
update us with any change in Your e-mail address and telephone number by
updating Your profile on our websites. If DolEx does not have correct contact
information, we may not be able to notify You regarding important information
or changes in Your Transaction status.
B. Licenses. Most states in the United
States require us to be licensed to process transactions for their consumers.
Our licenses can be found by clicking
C. Entire Agreement. The User
Agreement constitutes the entire agreement between You and DolEx and governs Your
use of the Service, superseding any prior agreements between You and DolEx.
D. No Waiver. The failure of DolEx to
exercise or enforce any right or provision of the User Agreement shall not
constitute a waiver of such right or provision and shall not guarantee that
DolEx will repeat any such actions in the future.
E. Severance. If any provision
of the User Agreement is found by an arbitrator or court of competent
jurisdiction to be invalid, unlawful or unenforceable, the parties nevertheless
agree that the arbitrator or court should endeavor to give appropriately valid
effect to the intention of the User Agreement as reflected in such provision,
and the other provisions of the User Agreement shall remain in full force and
F. Modification. We may modify this
User Agreement from time to time without notice to You, except as may be
required by law. You can review the most current version of the User Agreement
at any time by reviewing our websites. You may terminate Your use of the Service
if You do not agree with any modification or amendment. If You use the Service
after the effective date of an amendment or modification, You shall be deemed
to have accepted that amendment or modification. You agree that You shall not
modify this User Agreement and acknowledge that any attempts by You to modify
this User Agreement shall be void.
G. Language. In the event there is any
inconsistency between the English and Spanish or other language text on our
websites, including the User Agreement, the English text shall be binding.
17. Security / Fraud Prevention
A. Fraud Prevention. Your
security is of utmost importance to DolEx. Do no send money to
anyone that you do not know, to pay for merchandise or for any internet scheme
that you have not validated. Use caution when dealing with third
parties and do not provide your personal information. Sending money
is like sending cash, once the transaction is submitted it may not be possible
to recoup. Contact us at any time if you feel that you have been the
victim of fraud by dialing 1-800-892-0210.
18. Contact Information
A. Contact Us at Any Time.
Questions, notifications, and requests for refunds or further information can
be sent to DolEx, as follows: online; Toll-Free at 1-800-892-0210; email firstname.lastname@example.org; or by
mail at DolEx Dollar Express, Inc., ATTN: Regulatory Compliance, 701 Highlander
Blvd., Ste 300 Arlington, TX 76015.