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.
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 onNovember 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.
6.2 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.
7.4 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.
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 . 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 applicableU.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.
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, 30 Prestbury Sq, Suite 323 / Newark DE 19713 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 withinDelaware.
15.3 Alternative Dispute Resolution. CambioReal will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held inDelaware 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 ofDelaware,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.