User Agreement

USER AGREEMENT

 

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 Agreement.

    C. Use of Service.  The Service is provided for our customers to send money to their family and friends.  

    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.  

2. Definitions

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’ account.   

    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 Transfer Services

    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 may apply.

    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 transaction.

    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 Transmitter.

4. Payments

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 Instruments.

    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 User Agreement.

    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

    A. Privacy Policy. By using this service and agreeing to this User Agreement, You consent to DolEx’s Privacy Policy.  The Privacy Policy can be found on our website at https://www.DolEx.com/Page/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 our Privacy Policy with any questions.

    C. Government Disclosures. We may provide information about You and Your Transactions to government authorities and enforcement agencies, as required by law and described in our Privacy Policy.

    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 disputes@dolex.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 determination.

    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 selected).   Transactions 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:  disputes@dolex.com ; 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 the following:

        (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, California 95814.

        (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.

        (iv) Maryland. 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 the complaint.

        (v) Massachusetts. 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, Massachusetts 02118-6400.

        (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: consumer.complaints@dob.texas.gov.   Website Address:  www.dob.texas.gov.

10. Cancellation

    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 the following:

        (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.

        (ii) Washington. 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 attorney general.

    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.

15. Indemnity

    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.

16. Miscellaneous

    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 here.

    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 effect.

    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.

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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 disputes@dolex.com; or by mail at DolEx Dollar Express, Inc., ATTN: Regulatory Compliance, 701 Highlander Blvd., Ste 300 Arlington, TX  76015.