Terms and conditions
Last Modified: April 9, 2021
CONSUMER FRAUD ALERT: WIRING MONEY IS JUST LIKE SENDING CASH. PROTECT YOURSELF FROM FRAUD BY SENDING MONEY ONLY TO PERSONS YOU KNOW OR CAN OTHERWISE VERIFY TO BE TRUSTWORTHY. CLICK HERE TO LEARN MORE ABOUT SENDING MONEY SAFELY WITH RIA. IF YOU BELIEVE YOU ARE THE VICTIM OF FRAUD OR A SCAM, PLEASE CONTACT US IMMEDIATELY AT 1-877-443-1399 EXT. 1615 OR BY EMAIL AT FraudPrevention@riafinancial.com AND CONTACT YOUR LOCAL LAW ENFORCEMENT AUTHORITIES.
(1) Consent to use Electronic Records, Notices and Communications
As part of your relationship with Ria, you are entitled to receive certain information, such as notices, disclosures and statements in writing. To help with our efforts to protect the environment, and to facilitate mobile use of our service, we ask that you give us permission to provide these notices, disclosures and statements to you electronically; otherwise we will be required to furnish them to you in paper form.
A. Your consent to use electronic records and your right to withdraw consent.
To the extent permitted by law, you consent to receiving in electronic form all of the disclosures we would otherwise be required to provide to you in paper form, including those listed below. Your consent will remain in effect until you withdraw it. You may withdraw your consent to receive further notices or disclosures electronically at any time through the Application, or by contacting us toll-free at 1-877-443-1399 at no charge and providing your name and mobile phone number or email address and telling us you are withdrawing your consent. If you withdraw your consent to receive electronic notices, your account will be closed.
B. Your consent covers the following documents:
C. You must keep your email or electronic address current with us.
In order to ensure that we are able to provide notices, disclosures and statements to you electronically, you must notify us of any change in your email or other electronic address and any change in your mobile phone number. To update the email address we have on record for you, simply:
- On the website, click Profiles and Settings in your Dashboard; on the mobile app, choose “My Account”.
- Update your email address, confirm, and submit.
D. Hardware and software you will need.
To access and retain the notices, disclosures and statements we provide to you electronically, you must have:
- A computer system that operates on a platform like Windows or Mac environment or better
- A connection to the Internet
- A current version of Internet Explorer 8 (or higher) or Mozilla Firefox 7.0, Safari 5, Chrome 15 or Edge. (Users utilizing other browsers may experience compatibility difficulties)
- A current version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher
- A computer or device and an operating system capable of supporting all of the above, and
- A printer to print out and retain records on paper, or electronic storage if you wish to retain records in an electronic form. You should retain a copy of all of the notices, disclosures and statements we sent to you electronically.
For mobile app:
- A mobile device that operates on Android 8+ or iOS minus one.
- You must be signed into the current version of the mobile application on your mobile device.
By "current version," we mean a version of the software that is currently being supported by its publisher.
We reserve the right to discontinue support of a current version of software if, in our opinion, it suffers from a security or other flaw that makes it unsuitable for use with your account. And we always reserve the right, in our sole discretion, to communicate with you via the U.S. Postal Service.
Please indicate your consent to receive and use electronic records, communications and notices by checking the "I consent to receiving my agreements and disclosures electronically" box. By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account. You are also confirming that you have read and understand this consent to use electronic records, communications, notices and signatures, and that you are authorized to, and do, consent on behalf of all the other co-owners of your account.
Application users, please print and keep this page for your records.
(2) Other Terms and Conditions
Ria does not disclose nonpublic personal information about its consumers or former consumers to anyone, except as permitted by law. The law permits disclosure of nonpublic personal information, for example, where it is necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with the servicing or processing of a financial product or service requested or authorized by the consumer. The law also permits such sharing where it is released to protect the confidentiality or security of our records pertaining to our consumers, the services or products we offer, or the transactions we process or handle. The law also allows for the release of nonpublic personal information to protect against or prevent actual or potential fraud, identity theft, unauthorized transactions, claims or other liability, as well as for resolving consumer disputes or inquiries. The law further allows the release and/or disclosure of nonpublic personal information to comply with federal, state or local laws or regulations or other legal requirements, such as subpoenas or other legal processes. This list of examples of the types of sharing of information that is permitted by law is not meant to be comprehensive, but provides you with some basic information on some of the types of sharing permitted by law.
Ria does not sell to or exchange consumer lists or consumer information with third parties.
Ria restricts access to nonpublic personal information about you to those employees and agents who need to know that information to provide products or services to you. We also maintain physical, electronic and procedural safeguards that comply with federal standards to guard your nonpublic personal information.
By providing us a telephone number (including a mobile telephone number), you consent to receive autodialed and prerecorded message calls from us. If we determine that a telephone number you provided is a mobile telephone number, you consent to receiving texts messages from us about your use of our service at that number, which we may do in our sole discretion. Message and data rates may apply. To stop receiving text messages, text "STOP" to 45850. To get help, text "HELP" to 45850 or reply "HELP" to any Ria text message received. Users may also call Ria at 1-877-443-1399 or email firstname.lastname@example.org for assistance.
C. Accessing the Application and Account Security
By using the Application, you represent and warrant that you are 18 years or older and of legal age to form a binding contract with Ria.
We reserve the right to withdraw or amend the Application, and any service or material we provide on the Application, in our sole discretion without notice, except as otherwise required by law. We will not be liable if, for any reason all, any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including, but not limited to registered users.
You are responsible for making all arrangements necessary for you to have access to the Application and for maintaining the hardware and software noted in our Consent to Use Electronic Records, Notices and Communications in Section 1 above.
To access the Application or some of the resources they offer, you may be asked to provide certain registration, identification and authentication details or other information. It is a condition of your use of the Application that all the information you provide to us is correct, current and complete at all times.
If you become a registered user of our money transfer service and you choose, or you are provided with, a username, password, personal identification number ("PIN"), or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Ria of any unauthorized use of your username or password, PIN or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You agree that you are only allowed to create and maintain one registered user account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
D. The Service
For specific information regarding our service, please contact Ria's Customer Service Team at 1-877-443-1399.
E. Currency Exchange
If you instruct us to pay out a money transfer to a recipient in a currency ("payout currency") other than United States Dollars ("USD"), a retail exchange rate may be applied, in addition to any service charge appearing on the face of your receipt. The payout currency for such money transfer is acquired by us at a wholesale rate that fluctuates, but may approximate the wholesale rate for such payout currency listed in newspapers such as the Wall Street Journal. The difference between the retail exchange rate applied to such money transfer transaction and the wholesale exchange rate at which we acquired the payout currency will be kept by us and/or the paying agent as revenue, in addition to any service charges.
The paying agent must pay out money transfers in the payout currency indicated in the money transfer payment instructions. If a recipient desires payment of the money transfer in a currency other than the payout currency, the recipient and paying agent must enter into a separate foreign exchange transaction to convert the payout currency into the recipient's currency of choice ("foreign exchange transaction"). Such foreign exchange transaction is a separate transaction between the recipient and the paying agent only and Ria has no responsibility for or liability in connection with such foreign exchange transaction.
For further information about the payout currencies available in any destination country and/or through any particular paying agent on Ria's network of payout locations, consult the Application.
F. Payment Authorization
When you initiate and submit a money transfer transaction on the Application, you authorize Ria (or its designated agent) to charge your designated credit card account or debit your designated debit card or bank account for the amount of such money transfer transaction and Ria's associated service charge. You are responsible for ensuring that your designated payment method has sufficient funds or credit available for payment of your money transfer transaction. If Ria executes payment of a money transfer pursuant to your money transfer instructions and subsequently is advised that your designated credit card had insufficient credit available or your designated debit card or bank account had insufficient funds available, you remain liable to Ria for the full amount of any such payment of the money transfer by Ria and the Ria's associated service charge. You authorize us to initiate debit and credit entries to your bank account in connection with the money transfer service. You also authorize us to initiate credits and debits to correct errors. This authorization shall remain in full force and effect until we have received notification from you of its termination; you may revoke your authorization only by notifying us by telephone at 1-877-443-1399 or in a written letter sent to 7001 Village Drive, Suite 200, Buena Park, CA 90621. Attn: Customer Service that is received at least three (3) days prior to the proposed effective date of the termination of authorization. You agree that all transactions authorized by you shall comply with all applicable federal, state and foreign law.
Money transfers that have been authorized by a user shall be processed only on the condition that the issuer of the respective credit card or debit card, or the user's bank, has authorized the corresponding charges or debits. Each user using the service acknowledges and agrees that Ria is authorized to charge the respective credit card or debit card, or debit the respective bank account, for the principal amount of the money transfer, the service charge, and any other applicable fees. The issuing bank for your credit card or debit card or the financial institution where your bank account is open may also have terms and conditions that apply to your use of the credit card, debit card or bank account (as applicable) and you must refer to such agreement(s) in order to determine user's rights, obligations and liabilities as a cardholder or account holder, which may include the assessment of cash advance or other fees. Money transfer receipts will not display fees assessed by user's bank or the issuer of user's credit card or debit card.
G. Services Charges and Additional Fees
In consideration of your use of the service, you agree to pay a service charge per money transfer executed through the Application. The service charge will be charged to the credit card, debit card, or bank account you identify as the payment method for your money transfer transaction. If paying in cash at a 7-Eleven location, the service charge will be included in the total amount due. The service charge (in addition to any other applicable fees charged by us directly or on behalf of any U.S. federal or state governmental authority) will be displayed online for your authorization prior to submission of the money transfer. Our service charge schedule is subject to change from time to time in our sole and absolute discretion. In addition to any fees charged by Ria, a money transfer may be subject to additional fees assessed by the U.S. federal government, the U.S. state where the money transfer originates, the government of the destination country, or the financial institution in the destination country at which your recipient holds a bank account.
H. Money Transfer Processing and Delivery Schedule
After we have verified your identity, received proper credit card, debit card, bank authorization (or received confirmation that a cash payment has been made at a 7-Eleven location) and completed the screening for proper compliance with the various applicable laws and regulations, the money transfer is promptly made available to the designated recipient for pick up at a paying agent location, home delivery by paying agent to recipient’s home or office (available in limited destinations only), or deposit into recipient’s bank account in the destination country. The speed of payment of a money transfer varies depending on a variety of factors, including but not limited to, the amount of the transaction, the restrictions of the destination country or point-of-payment (including without limitation the paying agent's hours of operation), and/or the accuracy of the information provided by the user. Money transfers will normally be paid to the recipient by cash or check or bank account deposit, as specifically designated by you in your payment instructions.
I. Money Transfer Cancellations and Refunds (For all U.S. states except California)
If you instruct us to pay a money transfer to a designated recipient and later request that we stop the payment of such transaction, we will need to check first with the paying agent to determine if the money transfer has been paid to the recipient. If we can confirm that payment has not been made, the money transfer will be cancelled and we will refund the amount of the money transfer, including the service charge. Your refund will be in USD. All refunds shall be available within thirty (30) calendar days of the stop order or as soon as the refunds are returned by the paying agent and, whichever is first. For further information or to file a complaint, please contact our customer service team at 1-877-443-1399.
J. Money Transfer Cancellations and Refunds (For Money Transfers originating in California only)
RIGHT TO REFUND: "You, the customer, are entitled to a refund of the money to be transmitted as a result of this agreement if Continental Exchange Solutions, Inc. doing business as Ria Financial Services does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money 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 money shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted you have a right to a refund of your money. If you want a refund, you must mail or deliver your written request to Ria at 7001 Village Drive, Suite 200, Buena Park, CA 90621. 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.
K. Money Transfer Transactional Restrictions
We reserve the right, in our sole discretion, to: (i) reject a proposed money transfer; (ii) limit the amount of a money transfer; (iii) require additional information to complete a money transfer; and/or (iv) take reasonable measures with respect to a money transfer in an effort to comply with applicable laws and regulations. As a user, you agree not to attempt to circumvent the parameters of the service by using a different debit or credit card or bank account, entering false information, or any other means. The service is offered exclusively for the personal money transfer needs of users. Any other use or attempted use of the service for commercial purposes, promotion of products and services, or other such purposes, directly or indirectly, by you or by a third party is prohibited.
The service available through the Application is limited to money transfers for a maximum amount of $2,999.99 USD per user per calendar day following account enrollment; with an exception for users who are Oklahoma or Arizona residents who are limited to money transfers for a maximum amount of $999.99 USD per user per calendar day. The maximum aggregate amount of money transfers per user during any rolling thirty (30) calendar day period is $7,999.99 USD. Ria may establish any and all transactional restrictions applicable to money transfers in its sole discretion and may change such restrictions from time to time. We will provide you with any legally required notice, which we may post on the Application.gally required notice, which we may post on our website.
When you submit a money transfer, the paying agent is not required to accept it. You agree that you will not hold us liable for any damages resulting from a paying agent's decision not to accept a money transfer made though our service. Any unclaimed, refunded or denied payment will be returned to you or to the original payment method. We will return any unclaimed money transfer to you, or to the original payment method, within thirty (30) days of the date we are informed that the paying agent has rejected your money transfer transaction.
If you provide us with incorrect recipient information and you or the paying agent notify us of such incorrect information, and subject to the money transfer not having already been paid out by the paying agent pursuant to the incorrect recipient information you provided, we will coordinate with you to correct the recipient information or process a refund of your money transfer
If you use your mobile device to make money transfers, you are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge. Your phone service provider is not the provider of these money transfer services; instead, Ria is the provider of these money transfer services.
If you opt to fund a money transfer initiated on the Application in cash, you will have twenty four (24) hours from the time the transfer is initiated online in which to fund the transfer at the designated 7-Eleven location.
L. SMS Messages
Users may elect to enroll in the RIALERT SMS program in order to receive notifications and alerts about their money transfer transactions. Users may opt-in to receive such RIALERT SMS notifications by texting "YES" to 45850, in response to an opt-in message. Message and data rates may apply. To stop receiving RIALERT messages, text "STOP" to 45850. To get help, text "HELP" to 45850 or reply "HELP" to any RIALERT message received. Users may also call 1-877-443-1399 or email email@example.com for assistance. Once enrolled in the RIALERT program, a user will receive 15 messages per money transfer transaction submitted by the user on the Application. The mobile carriers participating in the RIALERT program are AT&T Mobility, Sprint, T-Mobile, Verizon, U.S. Cellular, NTelos, Cricket, Virgin Mobile, Cincinnati Bell Wireless, Nextel, and Boost Mobile. If a user's mobile carrier is not a participant, the user may not enroll for RIALERT notifications. If you enroll in the RIALERT SMS program, you are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
Walmart Ria Alerts customers only: You may receive SMS notifications and alerts from 48769 containing important details about your Money Transfer that are part of Ria’s Free to End User (FTEU) Walmart Ria Alerts SMS program. You may opt out of receiving Walmart Ria Alerts messages, by texting "STOP" to 48769. To get help, text "HELP" to 48769 or reply "HELP" to any Walmart Ria Alerts message received. You may also call Continental Exchange Solutions, Inc. (DBA Ria Financial Services), which is the provider of the Money Transfer service, at 1-877-443-1399 or email firstname.lastname@example.org for assistance. You will receive no more than three (3) messages over a three (3) day period per Money Transfer transaction. The mobile carriers participating in the Walmart Ria Alerts program are AT&T Mobility, Sprint, T-Mobile, Verizon, U.S. Cellular, Virgin Mobile and Boost Mobile. The mobile carriers are not liable for delayed or undelivered messages. If your mobile carrier is not a participant in the Walmart Ria Alerts SMS program or is unable to support Ria’s FTEU program, you will not receive Walmart Ria Alerts notifications.
Kroger Ria Alerts customers only: You may receive SMS notifications and alerts from 55176 containing important details about your Money Transfer that are part of Ria’s Free to End User (FTEU) Kroger Ria Alerts SMS program. You may opt out of receiving Kroger Ria Alerts messages, by texting "STOP" to 55176. To get help, text "HELP" to 55176 or reply "HELP" to any Kroger Ria Alerts message received. You may also call Continental Exchange Solutions, Inc. (DBA Ria Financial Services), which is the provider of the Money Transfer service, at 1-844-297-1287 or email email@example.com for assistance. You will receive no more than three (3) messages over a three (3) day period per Money Transfer transaction. The mobile carriers participating in the Kroger Ria Alerts program are AT&T Mobility, Sprint, T-Mobile, Verizon, U.S. Cellular, Virgin Mobile and Boost Mobile. The mobile carriers are not liable for delayed or undelivered messages. If your mobile carrier is not a participant in the Kroger Ria Alerts SMS program or is unable to support Ria’s FTEU program, you will not receive Kroger Ria Alerts notifications.
M. Intellectual Property Rights
The Application and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Ria, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Application for your personal, non-commercial use only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our site, except to (a) store copies of such materials temporarily in RAM; (b) store files that are automatically cached by your web browser for display enhancement purposes; and (c) print a reasonable number of pages of the Application for a permitted use.
You must not (a) modify copies of any materials from the Application; or (b) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Application.
You must not reproduce, sell or exploit for any commercial purposes any part of the Application, access to or use of the Application or any services or materials available through the Application.
N. Company Trademarks
Ria’s name, and all related names, logos, product and service names, designs and slogans are trademarks of Ria or its affiliates or licensors. You must not use such marks without the prior written permission of Ria. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
O. Acceptable Use
P. Monitoring and Enforcement; Termination
You waive and hold harmless Ria from any claims resulting from any action taken by Ria during or as a result of its investigations and from any actions taken as a consequence of investigations by either Ria or law enforcement authorities or regulator authorities related to the money transfer service or your use of the money transfer service.
Q. Changes to the Application and Money Transfer Procedures
We may modify or update the Application and/or money transfer procedures from time to time, in Ria's sole discretion, with or without notice, except as required by law. We may suspend access to the Application or close it.
R. Information about You and Your Visits to the Application
S. Links from the Application
If the Application contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them, or for any merchandise, goods or services you may purchase or obtain from them. If you decide to access any of the third party websites linked to the Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
T. Geographic Restrictions
We provide the Application for use only by persons located in the United States. We make no claims that the Application or any of their content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you are fully responsibility for compliance with applicable foreign laws.
U. Persons under 18
The service is intended for the use by users who are eighteen (18) years of age or older. Please note that the service (including, without limitation, the underlying network, system, software, servers, various directories and listings, various message and news boards, tools, information and databases) is not intended for use by persons under eighteen (18) years of age. If it comes to our attention through reliable means that a user is a child under eighteen (18) years of age, we will cancel that user's account and will delete all information regarding such user from our system and records.
V. Disclaimer of Warranties
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Application or any services or items obtained through the Application.
Your use of the Application, its content and any services obtained through the Application are at your own risk. The Application, its content and any services obtained through the Application are provided on an "as is" and "as available" basis, without any warranties of any kind, either expressed or implied. Neither Ria nor any person associated with Ria makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Application. Without limiting the foregoing, except to the extent required by law, neither Ria nor anyone associated with Ria represents or warrants that the Application, its content or any services or items obtained through the Application will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the Application, or any services or items obtained through the Application will otherwise meet your needs or expectations.
Ria hereby disclaims all warranties of any kind, either expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
W. Liability and Limitation on Liability
Except as otherwise required by law, Ria's liability is limited to the U.S. dollar amount showing on the face of receipt for your money transfer transaction, including service charges. Except as provided in the previous sentence, in no event will Ria, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under and legal theory, arising out of or in connection with your use, or inability to use, the Application or any websites or mobile applications linked to them, any content on the Application or such other websites or mobile applications or any services obtained through the Application, or such other websites or mobile applications, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable
If Ria does not properly complete transactions on time or in the correct amount in accordance with this agreement with you, Ria may be liable for your losses, up to the limitation described in the preceding paragraph. However, Ria will not be liable if (a) through no fault of Ria, you do not have enough funds available in your bank account, debit card account, or credit card account to complete the transaction; (b) the paying agent or recipient refused to accept your money transfer; (c) they paying agent or recipient refused to complete the transaction; (b) the paying agent or recipient refused to accept your money transfer; (c) your funds are subject to legal process or other encumbrances restricting transfer; (d) you provide incorrect or incomplete transaction information to Ria; or (e) if your use is not an Acceptable Use.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Y. Governing Law and Jurisdiction
Z. Dispute Resolution by Binding Arbitration
Any dispute, claim or controversy of any kind arising out of or relating to this agreement or the breach thereof shall be settled exclusively by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. The AAA Rules are available online at www.adr.org or by calling AAA at 1-800-778-7879. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the construction, interpretation, and enforceability of this provision notwithstanding any other choice of law provision contained in this Agreement. You should review this arbitration provision carefully. This provision limits your and Ria's ability to litigate claims in court and you and Ria each agree to waive our respective rights to a jury trial. Any arbitration under this provision shall take place on an individual basis; class arbitrations and class actions are not permitted. You will not have the right to participate as a class representative, private attorney general, or as a member of any class of claimants for any claim subject to arbitration. A claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the arbitration proceedings between you and us. Any dispute regarding the prohibitions in the prior sentence shall be resolved by the arbitrator in accordance with this arbitration provision.
A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute ("Notice"). Any Notice to Ria should be addressed to 7001 Village Drive, Suite 200, Buena Park, California 90621, Attention: Legal Department. Any Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought ("Demand"). If you and Ria do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
You and we agree, upon written demand made by you or us, to submit to binding arbitration all disputes, controversies, and claims, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to this Agreement, money transfer services, or the benefits provided by them, or any advertisements, promotions, or oral or written statements related to money transfer services, or the relationships that result from the purchase and use of money transfer services, or the scope or enforceability of this agreement, including the determination of the applicability of this agreement to arbitrate.
The arbitration tribunal shall consist of a single arbitrator mutually agreed upon by the parties, or in the absence of such agreement within thirty (30) days from the first referral of the dispute to AAA, designated by AAA. The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least 5 years, or a retired judge. You and we understand that in an arbitration, discovery is more limited than in a court and review by courts is very limited. The place of arbitration shall be Los Angeles, California or, if you so elect within fifteen (15) days from the first referral of the dispute to AAA, in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. The arbitral award shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All parties retain the right to seek relief in a small claims court for disputes or claims within the jurisdictional limits of the small claims court.
Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain provisional or ancillary remedies or measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to enforce intellectual property rights; and (d) to enforce any decision of the arbitrator, including the final award. In no event shall any party be entitled to punitive, exemplary or similar damages.
You and we agree that the arbitrator: (i) shall limit discovery to non-privileged matters directly relevant to the arbitrated dispute; (ii) shall grant only relief that is based upon and consistent with substantial evidence and applicable substantive law; (iii) shall have authority to grant relief only with respect to claims asserted by or against you individually; and (iv) shall provide a written statement stating the disposition of each claim and a concise written explanation of the basis for the award and shall make specific findings of fact and conclusions of law to support any arbitration award. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. We will pay to AAA the portion of the arbitration filing fee that exceeds the cost of filing a lawsuit in the federal court where you live. If you are unable to pay the filing fee, we will pay it directly upon receiving a written request. We will pay all of the remaining administration fees and other costs, including the arbitrator's fees, for any non-frivolous claim (measured by the standards set forth in Federal Rule of Civil Procedure 11(b)) that does not exceed $15,000. For all other claims, the arbitrator will decide whether we or you ultimately will be responsible for paying any fees or other costs in connection with the arbitration under the applicable rules.
If we made a written offer to settle the dispute before an arbitrator was selected, and the arbitrator awards you any relief on the merits that is greater than the value of Ria's last settlement offer, then we will: (i) pay you the amount of the arbitrator's award or $5,500 (the "alternative award") whichever is greater; and (ii) pay your attorney twice the amount of reasonable attorneys' fees, plus reimbursement for expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing and pursuing your claims in arbitration (the "attorney premium"). If we did not make a written offer to settle the dispute before an arbitrator was selected, and the arbitrator awards you any relief on the merits, you and your attorney will be entitled to receive the alternative award and the attorney premium, respectively.
If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions of this arbitration provision will remain valid and enforceable. This arbitration provision shall survive expiration or termination of the Agreement.
AA. Limitation on Time to File Claims
BB. Waiver and Severability
CC. Entire Agreement
Continental Exchange Solutions, Inc., dba Ria Financial Services
Licensed as a Money Transmitter by the Department of Financial Services of the State of New York.
Licensed as a Foreign Transmittal Agency by the Massachusetts Division of Banks (License Number FT920968).
Licensed by the Georgia Department of Banking and Finance, NMLS ID 920968.
Licensed by the Connecticut Department of Banking, NMLS MT-920968.