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Terms and Conditions
By using our Site, you agree to all terms, conditions and
notices contained or referenced herein ("Terms").
We reserve the right, at our sole discretion, to change the
Terms at any time. By using our Site after changes have been
made to these Terms, you agree to the changes. Please check
these Terms periodically for changes.
1. The Services and the use of the Site is strictly subject
to compliance with these Terms and Conditions. Choice further
reserves the right to terminate any client's access to the
Site, for any conduct that Choice, in its sole discretion,
believes is or may be directly or indirectly harmful to other
clients, to Choice or its subsidiaries, affiliates, or business
partners, or to other third parties, or for any conduct that
violates any federal, provincial, local, state, or foreign
laws or regulations.
2. You must use your User I.D or PIN and/or Password to initiate
the agency/correspondent program. You agree that your Password
has the same effect as your written signature and can be used
to process transactions. You agree not to divulge your Password
to any other person, and you agree not to use another person's
User ID or Password. If, notwithstanding the foregoing prohibition,
you give your Password to another person, you will be deemed
to have authorized such person to use that Password for any
and all purposes, without limitation. You agree to assume
the entire responsibility at all times for the supervision,
management, control and confidentiality of your Password.
You agree that, to the extent permitted by law, you will assume
the entire risk for fraudulent or unintentional use of your
Password and that neither Choice nor any partner or service
provider related shall have any responsibility or liability
to you or any other person for any losses or damages which
you or anyone else may suffer if you disclose your Password
to any other person, including any losses or damages arising
out of the disclosure of your Password by the recipient to
another person.
If you believe your Password has been lost or stolen. Telephoning
is the best way of minimizing your potential losses.
3. You will use the Site and any content, material, or information
found on the Site and any Services solely for lawful purposes.
Choice has no obligation to, and does not and cannot review,
every item of material or information that you and users other
than yourself make available through the Site, and Choice
is not responsible for any of this material or information.
However, Choice reserves the right to monitor, delete and/or
refuse to transmit, move, or edit any material or information,
in whole or in part, without notice to you, which it deems
in its sole discretion, unacceptable, undesirable or in violation
of any law. Without limiting the generality of the foregoing,
Choice reserves the right to restrict or prohibit the sending
of unsolicited bulk or commercial messages or the sending
of numerous copies of the same or substantially similar messages
or very large messages to a recipient.
4.- You expressly acknowledge and agree that the Choice may
preserve all information received by it from each user or
visitor to the Site, including Data (collectively the "Site
Information") and may also disclose Site Information
if required to do so by law or if such disclosure is necessary
acting commercially reasonably to:
(a) comply with applicable laws;
(b) enforce the Terms and Conditions; or
(c) protect the rights, interests, property, or safety of
Choice, its clients and the public. You acknowledge and agree
that the processing and transmission of the Products and/or
Services involves transmissions over various networks not
owned or controlled by Choice. You further acknowledge and
agree that other data collected and maintained by Choice with
regard to its clients, or users may be disclosed in accordance
with these Terms and Conditions and Choice's Privacy Statement.
5. Disclaimer of Warranties & Limitation of Liability:
The information contained on the Site is for informational
purposes only and it is not intended to meet any particular
user's need. Documents provided on the Site are provided as
a service only, and do not constitute official versions of
such documents. The Site, and all content, material, information
or postings found on or accessed through the Site and the
Products and/or Services, are provided on an "as is"
basis. Choice, its affiliates and related companies, and each
of their respective directors, officers, employees, consultants,
shareholders and agents expressly disclaim any and all representations,
warranties and conditions, express and implied, including,
without limitation, any and all representations and warranties
of title and non-infringement, and all implied warranties
and conditions of merchantable quality, fitness for any particular
purpose, suitability for any particular purpose, compliance
of any Products and/or Services with laws applicable to such
user or that the purchase and/or use of the Products and/or
Services complies with laws applicable to the user, and any
representations, warranties or conditions arising from any
course of dealing or usage of trade, with respect to the Site
or the content contained in or accessed through the Site or
the use of the Products and/or Services by a Purchaser. Neither
Choice nor its affiliates and related companies, and each
of their respective directors, officers, employees, consultants,
shareholders and agents makes any representations or warranties
as to the accuracy, timeliness, reliability, truthfulness
or completeness of the Site or the content contained in or
accessed through the Site, including, but not limited to,
the contents of any content, information, material, or posting
found on the Site (including, but not limited to, any press
releases or financial information), provided through the Site
(or otherwise), or any links to other sites made available
on the Site or the content contained on such site(s), or as
to the continuous or error free use and operation of the Internet
or the Site. Neither Choice nor its affiliates and related
companies, and each of their respective directors, officers,
employees, consultants, shareholders or agents makes any representations
or warranties that the Site or access to and use of the Site
will be uninterrupted, error free, or free from defects, viruses
or other harmful components. You expressly agree that use
of the Site is at your sole risk.
5.1 Neither Choice, its partners or service provider shall
be liable for any loss or damage resulting from a cause outside
its direct control, including the failure of electronic or
mechanical equipment or communication lines, telephone or
other interconnection problems, computer viruses, "hacking,"
unauthorized access, theft, operator error, severe weather,
hurricanes, earthquakes, natural disasters, strikes or other
labor problems, wars, acts of terrorism, or government restrictions,
or for any information lost due to malfunction or loss of
any e-mail systems.
5.2 Information provided on the Site may contain references
or cross references to Choice, its affiliates and related
companies' Products and/or Services that are not available
in your local area and Choice, its affiliates and related
companies makes no representations or warranties as to the
availability of such Products and/or Services in your local
area and such references do not imply that Choice, its affiliates
and related companies intend to provide such Products and/or
Services in your local area. Choice recommends that you consult
with your nearest Choice business office or authorized merchant
or agent for information regarding the Products and/or Services
which may be available to you in your local area. Web sites
accessed via links or other means from the Site have, unless
otherwise indicated, been independently developed by third
parties. The inclusion of any information, material, content
or links on the Site should not be construed as an express
or an implied endorsement by Choice of any third party products
or services.
5.3 Under no circumstances, including, but not limited to,
negligence, gross negligence, negligent misrepresentation
and fundamental breach shall choice or its affiliates and
related companies, and each of their respective directors,
officers, employees, consultants, shareholders and agents
be liable for any direct, indirect, incidental, special or
consequential damages or any loss that result from the use
of, or the inability to use, any content, information, material,
or postings on the site, directly or indirectly, or the transmission
of confidential or sensitive information over the internet
or the purchase and/or use of products and/or services sold
and provided by choice to users. These limitations apply regardless
of whether the party liable or allegedly liable was advised,
had other reason to know, or in fact knew of the possibility
of such damages. You specifically acknowledge and agree that
neither choice nor its affiliates and related companies, nor
each of their respective directors, officers, employees, consultants,
shareholders and agents shall be liable for any defamatory,
offensive or illegal conduct of any user, or any breach of
these terms and conditions by any user.
6. Intellectual Property: The Site, and certain related trademarks,
trade names, slogans, logos, designs, and domain names are
the property of Choice. It is the policy of the Choice to
respond expeditiously to claims of intellectual property infringement.
Choice will promptly process and investigate notices of alleged
infringement and will take appropriate actions in accordance
with applicable intellectual property laws.
7. Indemnification: To the maximum extent permitted by applicable
law, you will defend, indemnify and hold harmless Choice,
its affiliates and related companies, and each of their respective
directors, officers, employees, consultants, shareholders
and agents from and against all claims, liability, and expenses,
including all legal fees and costs, arising out of:
(i) your breach of any provision of the Terms and Conditions
or applicable laws; or
(ii) your use of the Site, the content contained in the Site
and the placement or transmission of any information or other
materials on the Site made by you or others using your PASSWORD.
You agree to promptly notify Choice immediately after you
become aware of any unauthorized use of your PASSWORD and
to take such reasonable steps as are necessary to prevent
any reoccurrence of such event. Choice reserves the right,
in its sole discretion and at its own expense, to assume the
exclusive defense and control of any matter otherwise subject
to indemnification by you. You will co-operate as fully as
reasonably required in the defense of any claim.
8. Recourse: If you are dissatisfied with the Products and/or
Services or with the Terms and Conditions, your sole and exclusive
remedy is to discontinue using the Site, as the context requires.
In such an event, you agree to destroy all materials obtained
by you on the Site and any and all other site(s) and all copies
thereof. The Terms and Conditions shall survive any such termination.
9. Disputes: Any disputes arising hereunder shall be governed
exclusively by the laws of New York, USA, without giving effect
to their conflict of laws principles. You expressly consent
to the exclusive forum, jurisdiction, and venue of the courts
of New York, or any other judicial district or jurisdiction
as Choice may determine in any and all actions, disputes,
or controversies relating hereto. The Terms and Conditions
and any rules, policies, guidelines or other agreements posted
on the Site by Choice constitute the entire agreement between
Choice and you with respect to your use of the Site. Notwithstanding
the foregoing, the use of Products and/or Services by a user
shall be subject to all terms and conditions set out in these
Terms and Conditions posted on the Site, and all other terms
and conditions delivered to you (in any manner or form) in
connection with any Products and/or Services. No waiver by
either Choice or you of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach
or default. If any provisions contained herein shall be determined
to be void, invalid, or otherwise enforceable by a court of
competent jurisdiction, such termination shall not affect
the remaining provisions contained herein.
10.-Miscellaneous: These Terms and Conditions, together with
all other items incorporated herein by reference, embody the
entire agreement and understanding between You and Choice
and supersede all prior agreements or understandings You have
with Choice. Choice has the right to assign these Terms and
Conditions to a subsidiary or Affiliate Company, or any third
party, at any time without your consent. You may not assign
or transfer these Terms and Conditions without Choice's prior
written consent. If any one or more of these Terms and Conditions
shall for any reason be held to be invalid, illegal or unenforceable,
the remaining provisions shall remain valid and enforceable.
Your access to and use of the Choice's website and Service
is governed by New York law, without regard to its rules regarding
conflicts of law. The Choice's website and Service are directed
to persons age 18 and over residing in the United States.
The Choice's website and Service are not intended for distribution
to, or use by, any person or entity in any jurisdiction or
country where such distribution or use would be contrary to
law or regulation.
For consumer inquiries or comments, please write to: Choice
Money Transfer Inc. 350 Fifth Ave Empire State Building, Suite
1016, and New York, N.Y. 10118.
FOR TELEPHONE CUSTOMER SERVICE, PLEASE CALL: 1-877-268-6458
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