CambioReal Incorporated
USER AGREEMENT
THE FOLLOWING DESCRIBES
THE TERMS ON WHICH CAMBIOREAL OFFERS YOU ACCESS TO OUR SERVICES.
This
User Agreement ("Agreement") is a contract between you and
CambioReal Incorporated ("CambioReal") and applies to your use
of the CambioReal™ money remittance service and any related products and
services available through www.CambioReal.com (collectively the "Service").
If you do not agree to be bound by the terms and conditions of this Agreement,
please do not use or access our Services.
You
must read, agree with, and accept all of the terms and conditions contained in
this Agreement, which include those terms and conditions expressly set out
below and those incorporated by reference, before you may become a member of
CambioReal. We strongly recommend that, as you read this Agreement, you also
access and read the information contained in the other pages and websites
referred to in this document, as they may contain further terms and conditions
that apply to you as a CambioReal User. Please note: underlined words and
phrases are links to these pages and websites. By accepting this Agreement, you
also agree that your use of other CambioReal websites and Services will be
governed by the terms and conditions posted on those websites.
For
additional information about the Service and how it works, please also consult
the CambioReal FAQ page or email our Customer Support Department directly at suporte@cambioreal.com.
We
may amend this Agreement at any time by posting the amended terms on our site.
Except as stated below, all amended terms shall be effective 30 days after they
are initially posted on our site. Upcoming changes will be posted on the
"Compliance" page. You may review the current Agreement prior to
initiating a transaction at any time at our "Compliance" page.
In
this Agreement, "you" or "your" means any person or entity
using the Service ("User" or collectively, "Users"). Unless
otherwise stated, "CambioReal," "we" or "our"
will refer collectively to CambioReal Incorporated and its subsidiaries. Unless
otherwise specified, all references to a "bank" in this Agreement
include banks, savings associations and credit unions, and all references to a
"credit card" include all major credit cards and Visa and MasterCard-branded
debit cards.
This
Agreement was last modified on November 1, 2005.
1. Eligibility.
In order to use the Service, you must register for an account. Users may only
hold one account. Our Services are only available to individuals or businesses
that can form legally binding contracts under applicable law. Without limiting
the foregoing, our Service is not available to minors (under 18), persons who
are suspended from our Service, or to persons who present an unacceptable level
of credit risk.
2. The
Legal Relationship between You and CambioReal.
2.1 Agency Relationship. CambioReal acts as a facilitator to help you accept
funds from and provide funds to third parties. We act as your agent based upon
your direction and your requests to use our Services that require us to perform
tasks on your behalf. CambioReal will at all times hold your funds separate
from its corporate funds, will not use your funds for its operating expenses or
any other corporate purposes, and will not voluntarily make funds available to
its creditors in the event of bankruptcy or for any other purpose. You
acknowledge that (i) CambioReal is not a bank and the Service is a payment
processing service rather than a banking service, and (ii) CambioReal is not
acting as a trustee, fiduciary or escrow with respect to your funds, but is
acting only as an agent and custodian.
You
are not required to carry a balance in your CambioReal account in order to use
the Service. If you do carry a U.S. Dollar balance in your CambioReal account,
CambioReal will pool your funds together with funds from other Users, and will
place those funds in accounts at one or more FDIC-insured banks ("Pooled
Accounts"). Those funds may be eligible for FDIC pass-through insurance.
You
agree that you will not receive interest or other earnings on the funds that
CambioReal handles as your agent. CambioReal may earn interest on those funds,
or may receive a reduction in fees or expenses charged for banking services by
the banks that hold your funds.
By
initiating and sending payments through the Service or adding funds to your
balance, you appoint CambioReal as your agent to obtain the funds on your
behalf and to transfer the funds to the recipient that you designate or to a
Pooled Account, subject to the terms and restrictions of this Agreement.
CambioReal will obtain the funds first by debiting your funds in the Pooled
Accounts. If this is not sufficient to fund your payment fully, CambioReal will
obtain the remaining funds per your instructions by debiting a bank account
that you designate or charging your credit card. When you send a payment, until
that payment is accepted by the recipient (which may occur instantly), you
remain the owner of those funds and CambioReal holds those funds as your agent,
but you will not be able to withdraw those funds or send the funds to any other
recipient unless the initial transaction is cancelled.
By
receiving payments through the Service, you appoint CambioReal as your agent to
cause the funds to be deposited on your behalf in the Pooled Accounts until you
further instruct CambioReal with respect to the transmission of your funds.
Through the CambioReal website, you may provide instructions to withdraw the
funds or transfer the funds to a third party, in each case subject to the terms
and restrictions of this Agreement. If you receive a notice that a payment has
been sent to you through CambioReal but you have not registered for the
Service, CambioReal will not become your agent and you will have no claim to
those funds unless and until you register for the Service and indicate your
acceptance of the payment.
2.2 CambioReal is only a money remittance service provider. CambioReal acts
as a money remittance service provider by creating, hosting, maintaining and
providing our Service to you via the Internet. We do not have any control over any
products or services that are paid for with our Service.
2.3 Identity Authentication. We use many techniques to identify our Users
when they register on our site. Verification of Users is only an indication of
increased likelihood that a User's identity is correct. You authorize
CambioReal, directly or through third parties, to make any inquiries we
consider necessary to validate your registration. This may include ordering a
credit report and performing other credit checks or verifying the information
you provide against third party databases. However, because User verification
on the Internet is difficult, CambioReal cannot and does not guarantee any User's
identity.
2.4 Release. In the event that you have a dispute with one or more Users,
you release CambioReal (and our officers, directors, agents, subsidiaries,
joint ventures and employees) from any and all claims, demands and damages
(actual and consequential) of every kind and nature arising out of or in any
way connected with such disputes.
2.5 No Warranty. WE, OUR PARENT, SUBSIDIARIES,
EMPLOYEES, AGENTS AND AFFILIATES PROVIDE OUR SERVICES "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT,
SUBSIDIARIES, EMPLOYEES, AGENTS AND AFFILIATES SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. CambioReal shall make reasonable efforts to ensure that
requests for electronic debits and credits involving bank accounts, credit
cards, and check issuances are processed in a timely manner and but we make no
representations or warranties regarding the amount of time needed to complete
processing because our Service is largely dependant upon many factors outside of
our control, such as our ISP provider and delays in the banking system.
2.6 Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES,
EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR
WEBSITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING
NEGLIGENCE).
OUR
LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AGENTS AND AFFILIATES,
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT
OF DIRECT DAMAGES.
2.7 Indemnification. You agree to indemnify and hold CambioReal, its parent,
subsidiaries, agents, affiliates, officers, directors and employees harmless
from any claim or demand (including attorneys' fees) made or incurred by any
third party due to or arising out of your breach of this Agreement or the
documents it incorporates by reference, or your violation of any law or the
rights of a third party relating to your use of the Service.
3. Liability
for Prohibited Behavior. If you engage in the following behavior,
CambioReal may fine you, as explained below.
(i) Using the
CambioReal service to receive payments for any sexually oriented or obscene
materials.
(ii) Using the
CambioReal service to receive payments for any narcotics, other controlled
substances, steroids or prescription drugs.
(iii) Using the
CambioReal service to receive payments for wagers, gambling debts or gambling
winnings, regardless of the location or type of gambling activity.
You
and CambioReal agree that the damages that CambioReal will sustain as a result
of the behavior outlined above will be substantial, including (without
limitation) fines and other related expenses from its payment processors and
service providers, but may be extremely difficult and impracticable to
ascertain. In the event that you engage in such activities, then CambioReal may
fine you $500.00 USD and/or CambioReal may take legal action against you to
recover losses that are in excess of the amount fined. You acknowledge and
agree that $500.00 USD is presently a reasonable minimum estimate of
CambioReal’s damages, considering all currently existing circumstances,
including (without limitation) the relationship of the sum to the range of harm
to CambioReal that reasonably could be anticipated and the anticipation that
proof of actual damages may be impractical or extremely difficult. You agree
that CambioReal is entitled to deduct such fines directly from any existing
balance in the offending account, or any other CambioReal account owned by you.
If
you use the CambioReal service in a manner that violates this Agreement,
including but not limited to the three categories described above, your account
will be subject to limitation or immediate termination.
You
further understand that, if you use the CambioReal service in a manner that
violates this Agreement, including but not limited to the three categories
described above, CambioReal may incur substantial liability and/or suffer
significant damages, including (without limitation) fines and other related
expenses from its payment processors and service providers. By selling goods or
services (including access to content) in contravention of this Agreement, including
the Restricted Activities section of this Agreement (currently Section 7.2),
you acknowledge liability to CambioReal for any and all damages suffered by
CambioReal. Without limiting the foregoing, you agree to reimburse CambioReal
for any and all costs, expenses, and fines levied on CambioReal by its payment
processors, service providers, regulatory agencies, and/or any other third
party as a result of your activities.
You
agree that, if either you or CambioReal commence litigation or arbitration in
connection with this paragraph, the prevailing party is entitled to recover
reasonable attorneys’ fees and any other costs incurred in such proceeding in
addition to any other relief to which the prevailing party may be entitled.
4. Fees.
All fees are set forth in the Fee Schedule. All fees will be assessed in the
currency of the payment. Your account and all transactions are made and
displayed in U.S. dollars unless otherwise specified and may be subject to
exchange rates.
5. Receiving Payments.
5.1 Credit Card Funded Payments. By accepting a credit card payment, you
agree that you are responsible for the payment if it is reversed. If such
reversal occurs on a credit card funded payment made to your account, we will
reverse the payment and debit your CambioReal account balance to pay for the reversal.
If there are insufficient funds in your CambioReal balance, you agree to
reimburse CambioReal through other means.
5.2 Removal of Expired Cards. We will notify you of expired credit cards in
your account and provide you the opportunity to update those cards before we
remove them as a funding source in your account.
5.3 Withdrawals. In order to withdraw money from your CambioReal account we
require you to provide CambioReal with a number of forms of identification as
further described. We require this information to authenticate your identity
and to determine how much you may withdraw from your account per month. We may
limit withdrawals and require additional information from you depending upon
your location (U.S. or international), credit rating,
and other factors. Generally, in order to withdraw more than $500.00 USD per
month, we require you to complete some authentication procedures, such as
confirming: your email address, your bank account, and your social security
number. You may withdraw funds by direct deposit to the bank account you have
on file with us or you may elect to receive a physical check for a nominal
processing fee as disclosed in our Fee Schedule. Generally, checks will only be
sent to confirmed addresses. Importantly, if you are an Non-U.S. User and do
not reside in the United States, please note that you may not be able to
withdraw funds from your CambioReal account and should therefore only accept
payments if you know you will send payments in equal amounts out of your account.
6. Payments
and Transfers.
6.1 Sending Payments. In order to send payments through our Service we
require you to provide CambioReal with a number of forms of identification as
further described and protected in our Privacy Policy (click here) . We require this information
to authenticate your identity and to determine how much you may send with your
account. We may require additional information from you depending on your
location and other factors. Based on the information you provide, we will
determine the maximum daily amount you may send using our Service ("Sending
Limit"). Generally, accounts that have a confirmed email address may
send up to $2,000.00 USD. Accounts that are verified by adding additional forms
of identification or confirming a bank account will receive a higher Sending
Limit or no limit at all. Some accounts, at CambioReal's discretion, may have a
higher or lower limit. Some transactions, at CambioReal's discretion, may not
apply towards the limit.
6.2 Refused Payments. When you send a payment to a third party through our
Service, the recipient is not required to accept the payment, even if the
recipient is already registered with CambioReal. The recipient may return the
payment or, in some cases, use the CambioReal Service to deny payments that you
send. Any payments sent through CambioReal that are denied or unclaimed by a
recipient will be returned to you on the earlier of: (a) the date of such
denial, or (b) 30 days after the date the payment is sent.
6.3 Electronic Transfers. When you make a
payment through CambioReal that is funded with Instant Transfer or eCheck, and
when you initiate an "Add Funds" transaction you are requesting an
electronic transfer from your bank account. Upon such request, CambioReal will
make electronic transfers via the Automated Clearing House (ACH) system from
your U.S. bank account in the amount you specify. You agree that such requests
constitute your authorization for such transfers. CambioReal will never make
transfers from your bank account without your authorization.
We
will complete your payment transfer by first debiting your balance (if any). If
at the time you authorize the payment you have sufficient balance to make the
payment, we will, at this time, debit an amount equal to the payment from your
balance and highlight the transaction as pending. If you do not hold a
sufficient amount in your balance at the time you authorized the payment, we
will complete the payment transfer by firstly debiting your balance (if any) at
the time you made the authorization. The transaction will be highlighted as
pending. We will subsequently obtain the remaining e-money by debiting your
registered bank account, debit card or credit card which you specify at the
time of authorization as your back up funding source at the time the payment is
processed.
7. Protected
Information; Restricted Activities.
7.1 Definition. "Your Information" is defined as any information
you provide to us or other users in the registration, payment process or other
features of our Service. You are solely responsible for Your Information, as we
act as a passive conduit for your online distribution and publication of Your
Information.
7.2 Restricted Activities. Your Information and your activities (including
your payments and receipt of payments) through our Service shall not: (a) be
false, inaccurate or misleading; (b) be fraudulent or involve the sale of
counterfeit or stolen items; (c) consist of providing yourself a cash advance
from your credit card (or helping others to do so), (d) be related in any way
to gambling and/or gaming activities, including but not limited to payment or
the acceptance of payments for wagers, gambling debts or gambling winnings,
regardless of the location or type of gambling activity (including online and
offline casinos, sports wagering and office pools); (e) violate this Agreement,
including Section 3 herein; (f) infringe on any third party's copyright,
patent, trademark, trade secret or other property rights or rights of publicity
or privacy; (g) violate any law, statute, ordinance, contract or regulation
(including, but not limited to, those governing financial services, consumer
protection, unfair competition, antidiscrimination, or false advertising); (h)
be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(i) be obscene or contain child pornography; (j) contain any viruses, Trojan
horses, worms, time bombs cancelbots, easter eggs or other computer programming
routines that may damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or other personal information; or (k) create
liability for us or cause us to lose (in whole or in part) the services of our
ISP's or other suppliers. If you use, or attempt to use the Service for
purposes other than sending and receiving payments and managing your account,
including but not limited to tampering, hacking, modifying or otherwise
corrupting the security or functionality of Service, your account will be
terminated and you will be subject to damages and other penalties, including
criminal prosecution where available.
7.3 License. Solely to enable CambioReal to use the information you supply
us with, so that we are not violating any rights you might have in that
information, you agree to grant us a non-exclusive, worldwide, royalty-free,
perpetual, irrevocable, sublicensible (through multiple tiers) right to
exercise the copyright, publicity, and database rights (but no other rights)
you have in Your Information, in any media now known or not currently known,
with respect to Your Information. CambioReal will use and protect Your
Information in accordance with our Privacy Policy (click here) .
7.4 Trademarks. CambioReal.com, CambioReal, and all related logos, products
and services described in this website are either trademarks or registered
trademarks of CambioReal Incorporated, or its licensors, and may not be copied,
imitated or used, in whole or in part, without the prior written permission of
CambioReal. In addition, all page headers, custom graphics, button icons, and
scripts are service marks, trademarks, and/or trade dress of CambioReal and may
not be copied, imitated, or used, in whole or in part, without the prior
written permission of CambioReal.
8. Access
and Interference. Our website contains robot exclusion headers and you
agree that you will not use any robot, spider, other automatic device, or
manual process to monitor or copy our web pages or the content contained herein
without our prior expressed written permission. You agree that you will not use
any device, software or routine to bypass our robot exclusion headers, or to
interfere or attempt to interfere with the proper working of the CambioReal
site or any activities conducted on our site. You agree that you will not take
any action that imposes an unreasonable or disproportionately large load on our
infrastructure. Much of the information on our site is proprietary or is
licensed to CambioReal by our users or third parties. You agree that you will
not copy, reproduce, alter, modify, create derivative works, publicly display
or frame any content (except for Your Information) from our web site without
the prior expressed written permission of CambioReal or the appropriate third
party. If you use, or attempt to use the Service for purposes other than sending
and receiving payments and managing your account, including but not limited to
tampering, hacking, modifying or otherwise corrupting the security or
functionality of Service, your account will be terminated and you will be
subject to damages and other penalties, including criminal prosecution where
available.
9. Privacy
and Security. We do not sell or rent your personal information to third
parties for marketing purposes without your consent and we only use Your
Information as described in the Privacy Policy (click here). We view protection of Users'
privacy as a very important principle. We understand clearly that you and Your
Information are one of our most important assets. We store and process Your
Information on computers located in the United States that are protected by physical as well as technological
security devices. You should only log in to your CambioReal account on a page
which begins with http://www.CambioReal.com/. All of our pages begin with
http://www.CambioReal.com/ and therefore you should not use any other site that
does not begin as such.
10. Termination
or Closing Your Account. You may close your account at any time by submitting
a written request to our Customer Support Department at suporte@cambioreal.com.
Upon closure of an account, any pending transactions will be cancelled and any
balances will be forfeited. Any funds that we are holding in custody for you at
the time of closure, less any applicable fees, will be paid to you by check,
assuming all withdrawal related authentication requirements have been fulfilled
(for example, you may not use closure of your account as a means of evading
withdrawal limits on new unverified Users). You may not use closure of your
account as a means of evading investigation - if an investigation is pending at
the time you close your account, CambioReal may continue to hold your funds for
up to 180 days as appropriate to protect CambioReal against the risk of
reversals. If you are later determined to be entitled to some or all of the
funds in dispute, CambioReal will release those funds to you. You will remain
liable for all obligations related to your account even after such account is
closed. If you do not access your account for a period of three years, it will
be terminated. After the date of termination, we will use the information you
provided to try to send you any funds that we are holding in custody for you.
If that information is not correct, and we are unable to complete the payment
to you, your funds will be subject to applicable state laws regarding escheat
of unclaimed property.
11. Remedies
and CambioReal's Right to Collect From You. Without limiting other
remedies, we may update inaccurate or incorrect information you provide to us,
contact you by means other than electronically, immediately warn our community
of your actions, place a hold on funds in your account, limit funding sources
and payments, limit access to an account and any or all of the account's
functions (including but not limited to the ability to send money or making
withdrawals from an the account), limit withdrawals, indefinitely suspend or
close your account and refuse to provide our Services to you if: (a) you breach
this Agreement or the documents it incorporates by reference; (b) we are unable
to verify or authenticate any information you provide to us; (c) we believe
that your account or activities pose a significant credit or fraud risk to us;
(d) we believe that your actions may cause financial loss or legal liability
for you, our users or us; or (e) your use of your CambioReal account is deemed
by CambioReal, Visa, MasterCard, American Express, or Discover to constitute
abuse of the credit card system or a violation of credit card rules, including
(without limitation), using the CambioReal system to test credit card
behaviors. Even if they have been recorded as completed in the Recent Activity
or History Transaction Log of your CambioReal account, transactions are not
considered completed until the funds have been charged to the customer's
funding source (for payments) or posted to the customer's bank account (for
withdrawals). In addition, CambioReal reserves the right to hold funds beyond
the normal distribution periods for transactions it deems suspicious or for
accounts conducting high transaction volumes to ensure integrity of the funds.
If we close your account, we will provide you notice and pay you all of the
unrestricted funds held in your CambioReal account. Additionally, to secure
your performance of this Agreement, you grant to CambioReal a lien on and
security interest in your account. In addition, you acknowledge that CambioReal
may setoff against any CambioReal accounts you own for any negative balance in
your other CambioReal accounts, at any time and for any reason allowed by law.
These obligations include both secured and unsecured debts, and debts you owe
individually or together with someone else.
12. Assignability.
You may not transfer any rights or obligations you may have under this
Agreement without the prior written consent of CambioReal. CambioReal reserves
the right to transfer this Agreement or any right or obligation under this
Agreement without your consent.
13. Legal
Compliance. You shall comply with all applicable U.S. and international laws, statutes,
ordinances, regulations, contracts and applicable licenses regarding your use
of our Services.
14. Notices.
14.1 Electronic Communications. You agree that this Agreement constitutes
"a writing signed by You" under any applicable law or regulation. To
the fullest extent permitted by applicable law, this Agreement and any other
agreements, notices or other communications regarding your account and/or your
use of the Service ("Communications"), may be provided to you
electronically and you agree to receive all Communications from CambioReal in
electronic form. Electronic Communications may be posted on the pages within
the CambioReal website and/or delivered to your e-mail address. You may print a
copy of any Communications and retain it for your records. All Communications
in either electronic or paper format will be considered to be in
"writing," and to have been received no later than five (5) business
days after posting or dissemination, whether or not you have received or
retrieved the Communication. CambioReal reserves the right but assumes no
obligation to provide Communications in paper format.
14.2 Credit Report. You agree that CambioReal may order and review your
credit report with the sole purpose of assessing your fitness to hold a
CambioReal account and/or your ability to use the Service or features thereof.
14.3 Procedure. Except as explicitly stated otherwise, any notices shall be
given by postal mail to CambioReal Inc., Attn: Legal Department, 1043 Christina Mill Drive, Newark, Delaware 19711 or to our online message center or the email address you
provide to CambioReal during the registration process (in your case). Notice
shall be deemed given 24 hours after posted or email is sent, unless the
sending party is aware that the electronic communication was not received.
Alternatively, we may give you notice by mail to the address provided to
CambioReal during the registration process. In such case, notice shall be
deemed given 3 days after the date of mailing.
15. Legal
Disputes. In the event a dispute arises between you and CambioReal, our
goal is to provide you with a neutral and cost effective means of resolving the
dispute quickly. Accordingly, you and CambioReal agree that any controversy or
claim at law or equity that arises out of this Agreement or CambioReal's
services ("Claims") shall be resolved in accordance with one
of the subsections below, or as otherwise mutually agreed upon in writing by
the parties. Before resorting to these alternatives, CambioReal strongly
encourages Users first to contact CambioReal directly to seek a resolution.
CambioReal will consider reasonable requests to resolve the dispute through
alternative dispute resolution procedures, such as mediation, as an alternative
to litigation.
15.1 Arbitration. For any Claim (excluding Claims for injunctive or other equitable
relief) where the total amount of the award sought is less than $10,000.00 USD,
you or CambioReal may elect to resolve the dispute through binding arbitration
conducted by telephone, on-line, and/or based solely upon written submissions
where no in-person appearance is required. In such cases, the arbitration shall
be administered by the American Arbitration Association or JAMS, in accordance
with their applicable rules, or any other established ADR provider mutually
agreed upon by the parties. Any judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof.
15.2 Court. Alternatively, any Claim may be adjudicated by a court of
competent jurisdiction located in Delaware or where the defendant is located (in your case, your home address or
principal place of business). You and CambioReal agree to submit to the
personal jurisdiction of the courts located within Delaware.
15.3 Alternative Dispute Resolution. CambioReal will consider use of other
alternative forms of dispute resolution, such as binding arbitration to be held
in Delaware or another location mutually
agreed upon by the parties.
15.4 Violations of Section 15. All Claims (excluding requests for injunctive
or equitable relief) between the parties must be resolved using the dispute
resolution mechanism that is selected in accordance with this Section by the
party first to assert a Claim, either through a court filing or commencement of
arbitration. Should either party file an action contrary to this Section 15,
the other party may recover attorneys' fees and costs up to $1,000.00 USD,
provided that the party seeking the award has notified the other party in
writing of the improperly filed Claim, and the other party has failed to
withdraw the Claim.
16. General.
This Agreement is governed by and interpreted under the laws of the State of Delaware, U.S. as such laws are applied to agreements entered into and
to be performed entirely within Delaware by Delaware residents. Notwithstanding
the foregoing sentence, the Federal Arbitration Act ("FAA"), and all
of its rules and procedures, shall govern Section 16 hereof, to the extent that
the FAA is inconsistent with Delaware law. We do not guarantee continuous, uninterrupted or secure access to our service,
and operation of our site may be interfered with by numerous factors outside of
our control. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. You agree that this Agreement and all incorporated
agreements may be automatically assigned by CambioReal, in our sole discretion,
to a third party in the event of a merger or acquisition. Headings are for
reference purposes only and in no way define, limit, construe or describe the
scope or extent of such section. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent or
similar breaches. This Agreement and the documents it incorporates set forth
the entire understanding between us with respect to the subject matter hereof.
Sections (3) Fees, (2.4) Release, (8) Access and Interference, (2.6) Limitation
of Liability, (2.7) Indemnity, and (16) Legal Disputes shall survive any
termination or expiration of this Agreement.
The
Services are offered by CambioReal Inc., 1043 Christina Mill Drive, Newark, DE 19711. Disputes
between you and CambioReal regarding our Services may be reported to Customer
Support online at suporte@cambioreal.com.