<p><span style="text-decoration: underline; font-weight:bold; text-align:center">Serve® Cash Pickup Powered by Ria</span></p><br> <p><span style="text-decoration: underline; font-weight:bold; text-align:center">Serve® Money Transfer Powered by Ria</span></p><br> <p><span style="text-decoration: underline; font-weight:bold; text-align:center">Terms of Service</span></p>

Serve® Cash Pickup Powered by Ria


Serve® Money Transfer Powered by Ria


Terms of Service


Last Modified: April 10, 2017

Welcome to Serve Cash Pickup Powered by Ria and Serve Money Transfer Powered but Ria (the “Service”), a service of Continental Exchange Solutions, Inc., doing business as Ria Financial Services. The following terms and conditions (together with any documents referred to in them) represent a contract between you and Ria Financial Services and apply to your use of the Service via the American Express Serve (“American Express Serve”) Mobile app or website for purposes of making an online money transfer payment to a designated recipient, which may be yourself. A "money transfer" is defined as the transmission of funds to a designated recipient, pursuant to payment terms entered directly by you into the American Express Serve Mobile app or website. A "recipient" is defined as the individual designated by you as the receiver of the money transfer, who is acceptable to us, and who receives the money transfer at a designated paying agent location. A "paying agent" is defined as an entity, appointed by us, to pay out money transfer transactions at the destination identified in your payment instructions. "Service charge" is defined as the fee charged by us in connection with the money transfer. In these Terms of Use, "you," "your," and "user" refer to the person consenting to these Terms of Service.

 

 

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you send funds through the American Express Serve mobile app or website. By clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy with respect to the service and money transfer transactions originated from the American Express Serve mobile app or website, which are described below. If you do not want to agree to these Terms of Use or the Privacy Policy, you will not be permitted use our Money Transfer Service.

Privacy Policy

Ria Financial Services 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 does not use information provided by Ria consumers transferring money through the American Express Serve Mobile app or website for marketing purposes.

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. 

Our complete Privacy Policy is available at http://www.riamoneytransfer.com/serve/legal/privacy-policy

 

Use of Service, Etc.

By using this website, 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 any service or material we provide via the American Express Serve Mobile app or website, 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 American Express Serve Mobile app or website is unavailable at any time or for any period.

You are responsible for ensuring that all persons who you authorize to access the Service through the American Express Serve Mobile app or website are aware of these terms of use, have agreed to the terms of use, and that they comply with them.

It is a condition of your use of the Service that all the information you provide to us through the American Express Serve Mobile app or website (or otherwise) is correct, current and complete at all times.

 

The Service

Ria provides registered users of American Express Serve (each a "user") with the ability to initiate money transfers to designated recipients using their American Express Serve accounts. In order to use the Service, you will be required to provide us, directly, though American Express, or through our service providers acting on our behalf, with information necessary for us to verify your identity and to complete the money transfer in compliance with applicable federal, state and foreign laws and regulations. Recipient information and verification may also be required. When required by applicable law, money transfers will be reported to federal, state, local or foreign authorities. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to these Terms of Use.

 

For specific information regarding our service, please contact Ria's Customer Service Team at 844-297-1285..

 

 

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 American Express Serve Mobile app or website. The service charge will be charged to your American Express Serve account at the time you request a money transfer. 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 or the government of the destination country.

 

 

Money Transfer Processing and Delivery Schedule

After we have verified your identity 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 the designated location. The speed of payment of a money transfer varies depending on a number of factors, including but not limited to, the amount of the transaction and/or the accuracy of the information provided by the user. Money transfers will be paid to the recipient in cash.

 

 

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 cancel 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, to your American Express Serve account. Your refund will be in USD. All refunds shall be available within ten (10) calendar days of the cancellation instruction or as soon as the funds are returned by the paying agent, whichever is first. For further information or to file a complaint, please contact our customer service team at 844-297-1285..

 

 

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 ("Ria") 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."

 

 

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 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.

 

Except as described in the next sentence with respect to Serve Cash Pickup Powered by Ria money transfers funded with the proceeds of tax refunds Direct Deposited into American Express Serve accounts, the Service available through the American Express Serve Mobile app and website is limited to money transfers for a maximum amount of $2,500 USD per user per day; with an additional limit for money transfers paid out in Arizona, which are limited to a maximum amount of $499.00 USD per transfer (the "Standard Limit"). For American Express Serve accountholders who receive their tax refunds or refund advances via Direct Deposit to their American Express Serve accounts, the Service available through the American Express Serve Mobile app and website is limited to money transfers for a maximum amount of the lesser of (i) the tax refund amount that has not previously been redeemed through the Service and (ii) $2,900.00 USD, with an additional limit for money transfers paid out in Arizona, which are limited to a maximum amount of $499.00 USD per transfer and $2,500.00 per day (the "Tax Refund Limit"). In addition, domestic money transfer services provided by Ria Financial Services to senders through all Ria modalities, including via the Service, are limited to $9,000.00 in the aggregate per 24-hour period (the “Overall Limit”).

 

Please note: (1) The increased limit for Serve Cash Pickup Powered by Ria money transfers related to tax refund proceeds will expire at the end of the calendar year following the tax year in respect of which the relevant tax refund(s) or refund advance(s) was Direct Deposited into the American Express Serve account, (2) after the date a tax refund(s) has been Direct Deposited into an American Express Serve account in any year, all Serve Cash Pickup Powered by Ria money transfers through the Service after the date of such Direct Deposit will be applied against the Tax Refund Limit until the unused portion of the Tax Refund Limit equals or is less than $2,500 USD, in which event the Standard Limit will apply, and (3) the limits described in this section are applied in aggregate across all Serve accounts that you own and which you utilize the Service.

 

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 or link-to on our website, the American Express Serve Mobile app or the American Express Serve 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.

 

Ria Trademarks

The Ria 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.

 

 

Monitoring and Enforcement; Termination

We have the right in our sole discretion to (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service, and (b) suspend or terminate your access to the Service for any or no reason, including without limitation, any violation of these terms of use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone effecting a transaction on or through the American Express Serve Mobile app or website.

 

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.

 

 

Changes to the Website and Money Transfer Procedures

We may modify or update the Service 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 Service, or close it.

 

 

Information about You and Your Visits to the American Express Serve Mobile App or Website

All information provided by you and collected by us in connection with the Service via the American Express Serve Mobile app or website is subject to our Privacy Policy. You represent and warrant that all data provided by you is accurate.

 

 

Geographic Restrictions

We provide the Service for use only by persons located in the United States or Puerto Rico.

 

 

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.

 

 

How to File a Complaint

To file a complaint, please contact Ria Customer Service before contacting your jurisdiction with a complaint.

 

Listed below are ways to contact Ria Customer Service.

 

Call Ria Customer Service - American Express American Express Serve Phone: 1-844-297-1285

 

Write: Ria Customer Service - American Express Serve Attn: Manager, Customer Service Team 6565 Knott Avenue Buena Park, CA 90620

 

Alabama Customers:

Alabama Securities Commission

Online:
http://www.asc.state.al.us/

Telephone Number:
800-222-1253



Alaska Customers:

Alaska Division of Banking & Securities

Online:
http://www.commerce.state.ak.us/bsc/

Telephone Number:
907-269-4584

By mail:
State of Alaska
DCCED, Division of Banking & Securities
550 West 7th Avenue, Suite 1850
Anchorage, AK 99501



Arizona Customers:

Arizona Department of Financial Institutions

Online:
http://www.azdfi.gov/

Telephone Number:
602-771-2800



Arkansas Customers:

Arkansas Securities Department

Online:
http://www.securities.arkansas.gov/

Telephone Number:
800-981-4429

By mail:
Arkansas Securities Department
Heritage West Building, Suite 300
201 East Markham Street
Little Rock, AR 72201



California Customers:

Department of Business Oversight

Online:
http://www.dbo.ca.gov/

Telephone Number:
800-622-0620

By email:
consumer.services@dbo.ca.gov

By mail:
Department of Business Oversight
Consumer Services
1515 K Street, Suite 200
Sacramento, CA 95814-4052

California Consumer Complaint Notice



Colorado Customers:

Colorado Division of Banking

Online:
https://www.colorado.gov/dora/division-banking

Telephone Number:
303-894-7575

By mail:
Colorado Division of Banking
1560 Broadway, Ste. 975
Denver, Colorado 80202

Colorado Consumer Complaint Notice



Connecticut Customers:

Connecticut Department of Banking

Online:
http://www.ct.gov/dob/

Telephone Number:
860-240-8299



Delaware Customers:

Delaware Office of State Bank Commissioner

Online:
http://banking.delaware.gov/

Telephone Number:
302-739-4235



District of Columbia Customers:

District of Columbia Department of Insurance, Securities, & Banking

Online:
http://disb.dc.gov

Telephone Number:
202-727-8000



Florida Customers:

Florida Office of Financial Regulation

Online:
http://www.flofr.com/

Telephone Number:
850-487-9687



Georgia Customers:

Georgia Department of Banking & Finance

Online:
http://www.dbf.georgia.gov/

Telephone Number:
888-986-1633



Guam Customers:

Guam Department of Revenue & Taxation

Online:
http://www.guamtax.com/

Telephone Number:
671-635-1835



Hawaii Customers:

Hawaii Division of Financial Institutions

Online:
http://www.hawaii.gov/dcca/dfi

Telephone Number:
808-586-2820



Idaho Customers:

Idaho Department of Finance

Online:
http://finance.idaho.gov/

Telephone Number:
208-332-8000



Illinois Customers:

Illinois Division of Financial Institutions Consumer Credit Solution

Online:
http://www.idfpr.com/

Telephone Number:
888-298-8089



Indiana Customers:

Indiana Department of Financial Institutions

Online:
http://www.in.gov/dfi/

Telephone Number:
321-232-3955
800-382-4800 (IN only)



Iowa Customers:

Iowa Division of Banking

Online:
http://www.idob.state.ia.us/

Telephone Number:
515-281-4014



Kansas Customers:

Kansas Office of State Bank Commissioner

Online:
http://www.osbckansas.org/

Telephone Number:
785-296-2266



Kentucky Customers:

Kentucky Department of Financial Institutions

Online:
http://www.kfi.ky.gov/

Telephone Number:
800-223-2579



Louisiana Customers:

Louisiana Office of Financial Institutions

Online:
http://www.ofi.louisiana.gov/

Telephone Number:
888-525-9414



Maine Customers:

Maine Bureau of Consumer Credit Protection

Online:
http://www.credit.maine.gov/

Telephone Number:
207-624-8527
800-332-8529 (ME only)



Maryland Customers:

Maryland Office of the Commissioner of Financial Regulation

Online:
http://www.dllr.state.md.us

Telephone Number:
888-784-0136

By mail:
Office of the Commissioner of Financial Regulation
Attention: Complaint Unit
500 North Calvert Street, Suite 402
Baltimore, MD 21202

Maryland Consumer Complaint Notice

The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding Continental Exchange Solutions, Inc. dba RIA Financial Services, NMLS ID 920968 at 500 N. Calvert St., Ste. 402, Baltimore, MD 21202 or (888) 784-0136.

Massachusetts Customers:

Massachusetts Division of Banks

Online:
http://www.mass.gov/dob

Telephone Number:
617-956-1501
800-495-2265 (MA only)



Michigan Customers:

Michigan Department of Insurance & Financial Services

Online:
http://www.asc.state.al.us/

Telephone Number:
877-999-6442



Minnesota Customers:

Minnesota Department of Commerce

Online:
http://www.mn.gov/commerce

Telephone Number:
651-296-2488



Mississippi Customers:

Mississippi Department of Banking & Consumer Finance

Online:
http://www.dbcf.state.ms.us/

Telephone Number:
800-844-2499



Missouri Customers:

Missouri Division of Finance

Online:
http://www.finance.mo.gov/

Telephone Number:
573-751-3242



For customers located in Montana, please contact Ria directly.



Nebraska Customers:

Nebraska Department of Banking & Finance

Online:
http://www.ndbf.ne.gov/

Telephone Number:
402-471-2171



Nevada Customers:

Nevada Financial Institutions Division

Online:
http://www.fid.state.nv.us/

Telephone Number:
702-486-4120



New Hampshire Customers:

New Hampshire Banking Department

Online:
http://www.nh.gov/banking/

Telephone Number:
603-271-3561



New Jersey Customers:

New Jersey Department of Banking & Insurance

Online:
http://www.state.nj.us/dobi

Telephone Number:
800-446-7467



New Mexico Customers:

New Mexico Financial Institutions Division

Online:
http://www.rld.state.nm.us

Telephone Number:
505-476-4885



New York Customers:

New York Department of Financial Services

Online:
http://www.dfs.ny.gov/

Telephone Number:
877-226-5697

By mail:
New York State Department of Financial Services
Consumer Services Division
One State Street
New York, NY 10004-1417



North Carolina Customers:

North Carolina Commissioner of Banks

Online:
http://www.nccob.gov/

Telephone Number:
888-384-3811



North Dakota Customers:

North Dakota Department of Financial Institutions

Online:
http://www.nd.gov/dfi/

Telephone Number:
701-328-9933



Ohio Customers:

Ohio Division of Financial Institutions

Online:
http://www.com.ohio.gov/fiin/

Telephone Number:
866-278-0003



Oklahoma Customers:

Oklahoma Banking Department

Online:
http://www.ok.gov/banking/

Telephone Number:
405-521-2782



Oregon Customers:

Oregon Division of Finance & Corporate Securities

Online:
http://www.cbs.state.or.us/dfcs/

Telephone Number:
866-814-9710 (OR only)



Pennsylvania Customers:

Pennsylvania Department of Banking

Online:
http://www.banking.state.pa.us/

Telephone Number:
717-787-1854
800-722-2657



Puerto Rico Customers:

Puerto Rico Office of Commissioner of Financial Institutions

Online:
http://www.ocif.gobierno.pr/index_eng.html

Telephone Number:
787-723-8445



Rhode Island Customers:

Rhode Island Dept. of Bus. Regulation - Div. of Banking

Online:
http://www.dbr.state.ri.us/

Telephone Number:
401-462-9500



For customers in South Carolina, please contact Ria directly.



South Dakota Customers:

South Dakota Division of Banking

Online:
http://www.dlr.sd.gov/banking/

Telephone Number:
605-773-3421



Tennessee Customers:

Tennessee Department of Financial Institutions

Online:
http://www.tennessee.gov/tdfi/

Telephone Number:
800-778-4215



Texas Customers:

Texas Department of Banking

Online:
http://www.dob.texas.gov/

Telephone Number:
877-276-5554 (toll-free)

By mail:
Texas Department of Banking
2601 North Lamar Boulevard, Suite 300
Austin, Texas 78705

Fax Number: 512-475-1313

Email Address: consumer.complaints@dob.texas.gov



Utah Customers:

Utah Department of Financial Institutions

Online:
http://www.dfi.utah.gov/

Telephone Number:
801-538-8830



Vermont Customers:

Vermont Division of Banking

Online:
http://www.dfr.vermont.gov/banking/home

Telephone Number:
802-828-3307



US Virgin Islands Customers:

US Virgin Islands Division of Banking

Online:
http://ltg.gov.vi/division-of-banking-and-insurance.html

Telephone Number:
340-774-7166



Virginia Customers:

Virginia Bureau of Financial Institutions

Online:
http://www.scc.virginia.gov/bfi/index.aspx

Telephone Number:
804-371-9657
800-552-7945 (VA only)



Washington Customers:

Washington Department of Financial Institutions

Online:
http://www.dfi.wa.gov/

Telephone Number:
877-746-4334



West Virginia Customers:

West Virginia Division of Financial Institutions

Online:
http://www.dfi.wv.gov/

Telephone Number:
304-558-2294



Wisconsin Customers:

Wisconsin Department of Financial Institutions

Online:
http://www.wdfi.org/

Telephone Number:
608-261-7578



Wyoming Customers:

Wyoming Department of Audit

Online:
http://audit.state.wy.us/banking/

Telephone Number:
307-777-7797



Disclaimer of Warranties

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.

 

 

Liability and Limitation on Liability

You are responsible for any chargeback, claim, reversal, fee, fine, penalty and other liability incurred by us, another user of our services, or a third party caused by or arising out of your breach of these terms of use, and/or your use of our money transfer Service. You agree to reimburse us, another user, or a third party for any and all such 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 any legal theory, arising out of or in connection with your use, or inability to use, the American Express Serve Mobile app or website, any websites linked to it, any content on the American Express Serve Mobile app or website or such other websites or any services obtained through the American Express Serve Mobile app or website or such other websites, 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 limitations 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 American Express Serve account 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) your use is not an acceptable use.

 

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

 

 

Indemnification

You agree to defend, indemnify and hold harmless Ria, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these terms of use or your use of the American Express Serve Mobile app or website, including, without limitation, any use of the American Express Serve Mobile app’s or website's content or services other than as expressly authorized in these terms of use or your use of any information obtained from the American Express Serve Mobile app or website, or your negligence, fraud or willful misconduct.

 

 

Governing Law and Jurisdiction

These terms of use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

 

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 ("Company Notice Address"). 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 (collectively, a "Claim").

 

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.

 

 

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

 

Waiver and Severability

No waiver of these terms of use by Ria shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Ria to assert a right or provision under these terms of use shall not constitute a waiver of such right or provision.

 

If any provision of these terms of use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms of use will continue in full force and effect.

 

Entire Agreement

These terms of use, our Privacy Policy, and your receipt for any money transfer transactions constitute the sole and entire agreement between you and Ria with respect to your effecting money transfer transactions through the American Express Serve Mobile app and website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website.

 

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion by posting or linking-to a revised version on our website, the American Express Serve Mobile app or the American Express Serve website. Except as otherwise required by law, the revised version will be effective at the time we post it. You are expected to check this website from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the website following the posting of revised terms of use means that you accept and agree to the changes.

 

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.