Terms and Conditions - General

Last Updated: Apr 12, 2011

Welcome to the Ria Money Transfer Service made available through Ria's website located at / (the "Ria Web site"). Ria's Money Transfer Service (the "Service") is provided by various Ria entities as set forth herein. The terms and conditions under which Ria Financial Services of New York, Inc. (in New York and New Jersey), Ria Financial Services of Illinois, Inc. (in Illinois), or Ria Financial Services, Inc. (the remaining states in the United States where Service is available) (individually and collectively "Ria ") provide the Service through the Ria Web site are set forth below. To use the Service you must register for the Service by completing the online registration form and money transfer request application and click the "I Accept" button when presented with these Terms and Conditions for Ria Money Transfer Service (the "Terms of Use"). By completing such online forms and by clicking the "I Accept" button when presented with these Terms of Use, you agree to accept all such terms and conditions. In addition, you agree to be bound by the Ria Privacy Policy ("Ria Privacy Policy"), and any other documents available on or through /privacy/(collectively and separately referred to as the "Ria Terms of Service"). If you do not affirmatively agree to be bound by the Ria Terms of Service by completing the relevant online forms and by clicking the "I Accept" button when presented with it, you will not be permitted to continue with the registration and application process, nor will you be permitted to use the Service.

The official language of the Ria Terms of Service shall be the English language. In the event of any conflict or inconsistency between the English language version of the Ria Terms of Service and any other version, the English language version shall control and be binding.

1. THE SERVICE
Ria provides registered users of the Service (each a "User") with the ability to send funds ("Money Transfer") to designated beneficiaries thereof (each a "Beneficiary") in many countries around the world, over the Internet using a United States issued Visa or MasterCard credit card ("Credit Cards"), or a Visa or MasterCard branded debit card issued by a United States-based bank ("Debit Cards"). In order to use the Service, you will be required to provide Ria with information necessary for us to verify your identity; to obtain proper bank card authorization; and to complete the Money Transfer in compliance with US federal and state laws and regulations, and those of the foreign country, where payment to the Beneficiary is to be effected. When required by applicable law, Money Transfers will be reported to federal, state, local or foreign authorities. For information regarding the use of your information, please read Ria's Privacy Policy After Ria has received proper bank card authorization and completed the screening for proper compliance with the various applicable laws and regulations, the funds are promptly made available to the Beneficiary for pick up, home delivery (available in limited destinations only), or deposit into Beneficiary's bank account. 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, and/or the accuracy of the information provided by the User. Money Transfers will normally be paid to the Beneficiary by cash or check (or a combination of cash or check depending on the availability of currency or other conditions existing at the point-of-payment). Ria reserves the right, in its 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. The Service available through the Ria Web site is limited to Money Transfers with a maximum amount of $500.00 U.S. per person every fifteen (15) calendar days following account enrollment. After the initial (15) days following enrollment, the maximum amount of transfer per user is $1000.00 US during any 30 day period. As a User, you agree not to attempt to circumvent the parameters of the Service by using a different Debit or Credit Card, entering false information, or any other means. The Service is offered exclusively for the personal money transfer needs of Users. Any other use or attempt to use 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. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the RIA Terms of Service.

For specific information regarding Service, please contact Ria's Customer Service Department.

2. FEES
In consideration of your use and enjoyment of the Service, you agree to pay a per Money Transfer fee to Ria (which will be charged to the Credit Card or Debit Card you use to effect the respective Money Transfer). The Money Transfer fee to be charged to your Credit Card or Debit Card (in addition to any other applicable fees) will be displayed online for your authorization prior to initiation of the Money Transfer. Ria's fee schedule is subject to change from time to time in Ria's sole and absolute discretion. 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 has authorized the corresponding charges. Each User using the Service acknowledges and agrees that Ria is authorized to charge the respective Credit Card or Debit Card for the principal amount of the Money Transfer, the Money Transfer fee, and any other applicable fees (including, without limitation, the currency exchange rate described below). Please note that each User's agreement with the issuer of the respective Credit Card or Debit Card governs such User's use of such card. Users must refer to such agreement(s) to determine rights and liabilities as a cardholder, which may include cash advance or other fees.

3. CURRENCY EXCHANGE
Money Transfers shall be paid to Beneficiaries in the official currency in use in the destination country at the time of payment of a Money Transfer (or in U.S. dollars in certain destination countries only). With respect to Money Transfers that involve the exchange of the User's funds to a different currency a currency exchange rate will be applied (in addition to, and not in lieu of the fee applicable to such Money Transfer). Ria obtains the currency for such Money Transfers at a wholesale rate that fluctuates, but may approximate the wholesale rate for such currency listed in newspapers such as the Wall Street Journal. The difference between the retail rate and the wholesale rate will be kept by Ria or its correspondent in the destination country as revenue, in addition to any fees.

4. REFUNDS
4.1 Refunds Applicable to Money Transfers Originating Outside the State of California.
Refunds of the Money Transfer amount, and subsequent cancellation of the underlying transaction, will be made upon the User's valid written request if payment of the Money Transfer has not yet been made to the Beneficiary at the time the refund request is processed by Ria. To stop a payment, Ria first will have to check with its paying correspondent to determine whether payment of the Money Transfer has been made to the Beneficiary. If Ria can confirm that payment has not been made, the funds will be returned and Ria will refund such amount to the User, less any applicable fees and/or service charges. Except in the case of events beyond Ria's control, it is 's policy to refund the amount of the Money Transfer within fifteen (15) business days after receipt of the written refund request. In cases where the Money Transfer funds were not made available to the Beneficiary within the time frame specified by Ria for the Service, subject to the regular business hours at the Money Transfer destination location, Ria shall refund the Money Transfer fee as well as the Money Transfer amount within fifteen (15) business days after receipt of the User's written request to refund same. Normally, these funds should be in Ria's possession within fifteen (15) business days. Should a refund be delayed for any reason, Ria will notify the respective User. If the Money Transfer was purchased in a foreign currency, the refund will equal the amount of U.S. dollars that can be purchased at Ria's prevailing buy rate on the date of the refund.

4.2 Refunds Applicable to Money Transfers Originating in California.
You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Ria Financial Services, Inc. (Ria) does not forward the money received from you within ten (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 moneys 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 13850 Cerritos Corporate Drive, Suite E, Cerritos, CA 90703. 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 1810.5 of the California Financial Code.

5. USERNAMES AND PASSWORDS
As part of the registration process, you will be asked to select a username and password. You are solely responsible to maintain the confidentiality of your username and password, and to monitor and police the use thereof. For any and all activities that are conducted using such username and password, you agree not to transfer, resell, give access to, or allow any third party to use your username or password for any reason whatsoever.

6. THIRD PARTY LINKS
The Service and/or the Ria Web site may include links to third party websites. These links allow you to exit the Service and/or the Ria Web site and enter third party websites. These links are provided only as a convenience. The linked websites are not reviewed, controlled, examined, sponsored, or endorsed by Ria and Ria is not responsible for the information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply Ria's sponsorship or endorsement of the linked site. In no event shall Ria be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties' websites or the information, advertising, products, resources or material accessed through these websites. Ria reserves the exclusive right and sole discretion to add, decline or remove, without warning, any icon or link to a list or website, from the Service and/or the Ria Web site.

7. ADVERTISING ON THE SERVICE
Ria may run advertisements and promotions within the Service. By completing the online registration and application, and by clicking the "I Accept" button, as applicable, you agree that Ria has the right, at its sole discretion, to run such advertisements and promotions. These advertisements and promotions may include, but shall not be limited to, banners, advertisements, and pop-up texts. Ria shall own all advertising inventory included in, or used in connection with the Service. Ria reserves the right to change, alter, modify, delete sections, or take any other action necessary in order to place advertisements in the Service. The manner, mode and extent of advertising by Ria throughout the Service are subject to change without notice.

8. INTELLECTUAL PROPERTY
The Service, the Ria Web site, and all information contained therein, including without limitation the look and feel of the site and all design, text, images, trademarks, tradenames, logos, white papers, press releases and other information, and all software products advertised, presented, or discussed therein, is protected under United States and other copyright laws and is owned by Ria or used under license from the owner of the respective intellectual property rights. In addition, all right, title, and interest in all servers and server-based technology related to the Service, the Ria Web site, and all information contained therein, including, without limitation, protocols, parameters, designs, specifications, and user identification algorithms, and technology underlying such algorithms are owned by Ria . The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Ria's prior written consent, except to the extent that such use is expressly authorized under the United States copyright laws. Ria's trademarks, tradenames, logos, images, and, service marks used on this site are the property of Ria and may not be used without prior written permission from Ria and then only with proper acknowledgment.

9. DISCLAIMER OF WARRANTIES
9.1 THE SERVICE IS PROVIDED TO YOU BY RIA ON AN "AS IS", "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN OR ASSUMED BY RIA; ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXPRESSLY EXCLUDED. RIA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

9.2 RIA MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE ON OR THROUGH THE SERVICE OR THE RIA WEB SITE FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS.

9.3 RIA DOES NOT WARRANT OR GUARANTEE: 1) THAT ANY INFORMATION AVAILABLE ON OR THROUGH THE SERVICE OR THE RIA WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; 2) THAT THE FUNCTIONS OR SERVICES PERFORMED BY RIA IN CONNECTION WITH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED; OR 3) THAT THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER'S INFORMATION OR SYSTEM

10. LIMITATIONS OF LIABILITY
10.1 IN NO EVENT SHALL RIA BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THE SERVICE, EVEN IF RIA SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.

10.2 IN NO EVENT SHALL RIA BE LIABLE TO ANYONE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO THE SERVICE OR THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON OR THROUGH THE SERVICE.BR/> RIA SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED, UPLOADED, POSTED OR MADE AVAILABLE ON OR THROUGH THE SERVICE OR THE RIA WEB SITE.

10.3 YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD RIA, AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CORRESPONDENTS, CO-BRANDERS OR OTHER PARTNERS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' AND EXPERTS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR INFORMATION, YOUR USE OF OR CONNECTION TO THE SERVICE OR THE RIA WEB SITE, YOUR VIOLATION OF THE RIA TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER USER OR OTHER THIRD PARTY.

11. GOVERNING LAW; JURISDICTION; DISPUTE RESOLUTION
11.1 The Ria Terms of Service, including this Terms of Use, shall be deemed assented to by you in the State of New York. The Ria Terms of Service, including this Terms of Use, and the rights of the parties hereunder shall be governed by, and construed in accordance with, the laws of the State of New York without regard to conflicts of laws principles. In addition, the Ria Terms of Service, including this Terms of Use, will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA), even if that law has been adopted in New York, and the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. By clicking the "I Accept" button when presented with it and using the Service, you are consenting to the submission of any dispute arising under the Ria Terms of Service to the federal and/ or state Courts located in the City of New York in the State of New York.

11.2 A trial by jury on all matters is hereby expressly waived by the parties. In the event of any action or proceeding between the parties arising out of or relating to this Agreement, the prevailing party shall be entitled to recover and shall be awarded, in addition to any other relief awarded or granted, its costs and expenses (including reasonable attorneys' and expert witnesses' fees and expenses) incurred in any such action or proceeding and any appeal in connection therewith. THE PARTIES ACKNOWLEDGE AND AGREE THAT, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THE SERVICE. THE PARTIES AGREE THAT NEITHER OF THEM SHALL HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS PARAGRAPH AND THAT CLAIMS OF THIRD PARTIES SHALL NOT BE JOINED IN ANY ARBITRATION BETWEEN THE PARTIES.

12. CHILDREN UNDER 13
The Service is intended for the use of Users over the age of 18. 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 CHILDREN UNDER 13 YEARS OF AGE. If it comes to Ria's attention through reliable means that a User is a child under 13 years of age, Ria will cancel that User's account and will delete all information regarding such User from Ria's system and records.

13. MISCELLANEOUS
13.1 Ria reserves the right in its the sole discretion to 1) make improvements, corrections, adaptations, conversions and/or any other change in the Service, or any part thereof, and/or to a revised or new Terms of Service; or 2) change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, the Service or any part thereof, to all Users or any number thereof including without limitation, the use of or access to the Service, granted to you or to any other User, at any time, without notice, for any reason or no reason.

13.2 Ria may change from time to time, in its sole discretion, and without prior notice to you or any User, the Ria Terms of Service including these Terms of Use. You may review the current Ria Terms of Service, including the current Terms of Use, at any time by visiting the following url: /termsofservice/. Any changes to the Ria Terms of Service or these Terms of Use shall become effective upon the "last updated" date at the beginning of the respective Ria Terms of Service or Terms of Use -- please review these documents periodically to familiarize yourself with the most current version.

13.3 In case of contradiction between any provision of the Ria Terms of Service and any provision of these Terms of Use, the provision of these Terms of Use shall prevail, unless the provision of the Ria Terms of Service reflects narrower responsibility on behalf of Ria  than the relevant provision of the these Terms of Use. In case of contradiction between any provision of these Terms of Use and any provision of any document accessible through the Service or the Ria Web site, the provision of these Terms of Use shall prevail, unless the provision of such other document(s) reflect narrower responsibility on behalf of Ria than the relevant provision of these Terms of Use.

13.4 Software from the Service or the Ria Web site is further subject to United States export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13.5 These Terms of Use and the Ria Terms of Service contain the entire agreement between you and Ria regarding the use of the Service. If any provision of these Terms of Use or the Ria Terms of Service is held invalid, the remainder of these Terms of Use and the Ria Terms of Service shall continue in full force and effect.

13.6 Any reference made in this document to Ria shall be deemed to have been made to Ria , its subsidiaries, successors, assignees, affiliates as well as any company that controls Ria, directly or indirectly, and any other subsidiary of that controlling company.

13.7 Ria customers may elect to enroll in the RIALERT SMS program in order to receive notifications and alerts about their transactions. Customers 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. Customers may also call Ria at 877-441-7363 or email supportsms@riamoneytransfer.com for assistance. Once enrolled in the RIALERT program, a customer will receive 15 messages per Ria transaction processed by the customer at participating Ria stores and Ria Agent locations. 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 customer’s mobile carrier is not a participant, the customer may not enroll for RIALERT notifications.

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