CUSTOMER AGREEMENT

1.

THIS USER AGREEMENT GOVERNS YOUR USE OF THE VIAMERICAS SERVICE (THE “SERVICE”), INCLUDING THE VIAMERICAS MONEY TRANSFER CARD^SM, WHERE APPLICABLE, AND DESCRIBES YOUR RESPONSIBILITIES AND LIMITS VIAMERICAS’ LIABILITY, AMONG OTHER THINGS. IT ALSO CONTAINS DISCLOSURES REQUIRED BY FEDERAL LAW. BEFORE USING THE SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY. WE RECOMMEND THAT YOU PRINT OUT A COPY FOR YOUR RECORDS.

We reserve the right, at our discretion, to update or revise this Agreement. Please check this Agreement periodically for changes. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. This Agreement may not be otherwise amended except in a writing signed by Viamericas Corporation. This Agreement in its current form was posted on August 21, 2002. As used herein, the terms "Viamericas", "we", "our" and "us" refer to Viamericas Corporation.

THIS IS YOUR CONTRACT WITH US. BY USING OUR SERVICE, YOU: AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT; CONSENT TO THE ELECTRONIC AND/OR POSTAL DELIVERY OF THE DISCLOSURES CONTAINED IN THIS AGREEMENT; AND AGREE TO ACCEPT ALL SUBSEQUENT DISCLOSURES AND OTHER COMMUNICATIONS BETWEEN YOU AND VIAMERICAS AT THE E-MAIL AND/OR POSTAL ADDRESS YOU PROVIDE.

2.

DESCRIPTION OF THE VIAMERICAS SERVICE.  The Viamericas Service enables a U.S. consumer (“Sender”) to: (i) send funds (“Funds Transfers”) to designated individuals in certain Latin American countries (“Recipient”); (ii)  purchase credits that may be used by Recipients to purchase products (“Store Credits”) from the designated retail establishments in Latin America; (iii) purchase bundled direct delivery packages containing consumer products (“Delivery Packages”) that would be prepared and delivered to the Recipient in the Recipient’s Latin American country; and (iv) pay utility and/or other consumer invoices for Recipients residing in Latin America (“Bill Payments”).  Funds Transfers, Store Credits, Delivery Packages, and Bill Payments may be collectively referred to as “Items” or singularly as an “Item” throughout this agreement and the action of sending these Items may be referred to as either a “Transaction” or as “Transactions” throughout this agreement.  Senders may also prepurchase Items that may be sent at a later time.

3.

FEES.  Use of the Viamericas Service is subject to current fees and applicable foreign currency exchange rates, which will be displayed on the Viamericas Web site, announced by the Viamericas Call Center when you contact Viamericas to give us instructions for the transaction, or provided by an Authorized Delegate who configures your Transaction.  Funds Transfers will be sent in the currency of the destination country or in U.S. dollars.  A currency exchange rate will be applied when U.S. dollars are converted to another currency.  U.S. currency is converted to foreign currency at an exchange rate set by Viamericas.  Any difference between the exchange rate at which Viamericas purchases foreign currency and the exchange rate given to you will be kept by Viamericas in addition to the transaction fees charged.  Recipients receive Funds Transfers in the form of cash or a direct bank account deposit.

4.

ELIGIBILITY.

a)

The Service is available only to Senders who are U.S. residents, 18 years of age or older, who can form legally binding contracts. Viamericas may refuse or discontinue the Service to anyone at any time, in its sole discretion.

b)

Only "Registered Users" may use the Service to purchase Items. To become a Registered User, you must truthfully complete all of the information requested by Viamericas or an Authorized Delegate, including but not limited to, your name, date of birth, home address, phone number, and for Web users an e-mail address. In addition, you may be asked to select a unique six-character personal identification code (“PIC”) to be used for all subsequent Transactions with the Service.  Web users must also provide a unique user name that identifies you as a Registered User (“User ID”) to be used for all subsequent connections with the Service. 

5.

PURCHASING AND SENDING FUNDS, STORE CREDITS, DELIVERY PACKAGES, OR BILL PAYMENTS

a)

To send Funds Transfers, Store Credits, Delivery Packages, or Bill Payments, you may be asked to provide us your PIC and also your User ID if you are a Web user, you will also need to provide the personal contact information of the Recipient, and the type and/or amount of the Items you want to send (a “Transaction Instruction”). The first time that you purchase Items or provide us with a Transaction Instruction, you may provide an electronic funds transfer authorization and certain information concerning your personal bank account (U.S. banks only).

b)

If you prepurchase Viamericas Items, you may receive a Viamericas Money Transfer Card^SM that you can use to finalize future Transactions by deducting their costs from the balance of prepurchased services associated with the card. The Viamericas Money Transfer Card^SM is not a bank or ATM card.  It can be used only as part of the Viamericas Service to send Funds Transfers, Store Credits, Delivery Packages, or Bill Payments to Recipients.

c)

The dollar amount of the Items you want to purchase or send and all associated fees will be debited, or deducted, as applicable, from your bank account or from your balance, if any, of prepurchased services.  You may also purchase Items with a check, money order, or with a wire transfer from a financial institution.  In the event we are unable to charge a bank account you select for any reason, you authorize us to resubmit the charge plus applicable fees to any bank account you have on file with us.

d)

After providing us with your Transaction Instruction and selecting a payment method, the Service will ask you to confirm your Transaction Instruction. We will then begin to process your Transaction Instruction.  Processing typically takes no more than seventy-two (72) hours.

6.

REPRESENTATIONS OF USERS. By using the Service to purchase Items, you represent that:

a)

you understand and will abide by the terms of this Agreement; 

b)

you are not sending Items in connection with any illegal, fraudulent, speculative, deceptive or manipulative act or practice; 

c)

you acknowledge and agree that the Service operates solely as a venue for sending Items and that Viamericas:

i)

in no way functions as a buyer, seller, dealer, middleman, retailer, auctioneer, supplier, distributor, manufacturer, broker, agent or merchant of any product or service being ordered, obtained or procured by any Transactions through the Service; and 

ii)

makes no representations or warranties and does not ensure the quality, safety, or legality of any product or service obtained or procured by any Transactions through the Service;

d)

you acknowledge that any dispute regarding any product or service purchased or procured by any Transactions through the Service or any transaction involving the Service is between the Recipient and the Sender, not including Delivery Packages; Viamericas shall not be a party in any such dispute.

7.

TIMING OF TRANSACTIONS. Processing of Transactions will occur in accordance with processing schedules established by Viamericas from time to time. As currently in effect, most Transactions will be processed within three (3) business days if Sender uses a method of payment other than a mailed check or money order.  We reserve the right to hold funds for Transactions that we deem suspicious beyond the normal distribution period.

8.

CANCELLATION OF TRANSACTIONS.  You may cancel a transaction at any time prior to its electronic submission by either exiting the transaction screen or by telling our Customer Service Representatives to terminate the transaction.  Refunds of principal amount, minus Transaction Fees, and cancellation of the Transaction will be made if an Item has not yet been sent to the Recipient at the time the request is processed by us.  A Transaction is deemed sent to the Recipient upon execution of the transaction by an in-country Viamericas Partner. We may not be able to stop your Transaction if we receive your cancellation request three (3) or more hours after you confirm your Transaction Instructions. If we are unable to stop your Transaction before it is sent, Viamericas may provide a refund at its discretion.  Any refunds of principal amount will be made within fourteen (14) days of receipt of a valid written request from the Sender.

9.

FUNDS TRANSFER REFUND POLICY.  Processing of Funds Transfers typically takes no more than seventy-two (72) hours.  Viamericas provides Funds Transfers to Recipients residing in various Latin American countries.  If Viamericas does not make a Funds Transfer available to a Recipient within five (5) business days following the Recipient’s provision of all required information to Viamericas and/or its partners, then Sender is entitled to a refund of both the transaction fee and the entire sum of the Funds Transfer, less any applicable foreign exchange or other administrative fees, upon Sender’s request.  If Viamericas has made a Funds Transfer available to a Recipient and Recipient has failed to claim such funds, then Sender is only entitled to a refund of the entire sum of the Funds Transfer, less any applicable foreign exchange or other administrative fees, upon Sender’s request.  Refunds will be made within fourteen (14) days of receipt of a valid written request from Sender.

10.

DELIVERY PACKAGE RETURN AND REFUND POLICY.  Processing of Delivery Package orders typically takes no more than seventy-two (72) hours.  A Recipient, under certain circumstances, may return a Delivery Package and as a result you may be entitled to a refund.  Viamericas provides its Delivery Packages to Recipients residing in various Latin American countries.  The terms and conditions regarding refunds for Delivery Package returns vary by country.  You should contact the Call Center to obtain a detailed explanation of the return and refund policy for a particular country.

11.

LEARNING ABOUT TRANSACTIONS; ACTIVITY HISTORY. A list of your activity history for at least the preceding ninety (90) days (including Transactions completed or pending in which you are a Sender or Recipient), any fees or charges incurred with such Transactions, and your balance of prepurchased services (if applicable), will be available on the Viamericas Web site, available to Customer Service Representatives at the Call Center, or available to the Authorized Delegate who configured your Transaction.  If Viamericas is required under applicable law to provide you with written statements, you acknowledge and agree that your activity history is provided to you on the Web site in lieu of written statements or may be printed by an Authorized Delegate. 

12.

DAILY AND TRANSACTION LIMITS. Initially, the Transaction limits for Viamericas Funds Transfers are as follows:  When using the Service, you may not transfer more than US$4,500 (including all applicable fees) during any thirty (30) consecutive day period.  Viamericas will not process a Sender’s Transaction if such Transaction exceeds this US$4,500 limit.  The maximum amount a Sender may transfer on any one business day is US$4,500 (including all applicable fees) if the Transaction is configured by an Authorized Delegate and US$2,000 per seven consecutive day period if the Sender prepurchases Services with a Viamericas Money Transfer Card^SM.  Viamericas allows certain customers to exceed these limits if they have completed all of the required Special Services Transaction Forms, the Transaction is approved by Viamericas’ Compliance Department, and the funds used to pay for the Transaction are wired directly from the customer’s bank account to Viamericas’ master customer funds account.  We reserve the right to change or modify these limits without notice to you and may impose Transaction limits on some or all Senders and Recipients relating to the value of any Transaction, the cumulative value of all Transactions during a period of time or the number of Transactions per day or other period of time. We will not be liable to you if we do not proceed with a Transaction that would exceed any limit established by us.

13.

AUTHORIZATION.  If you use the Call Center or Web site to configure a Transaction then the User ID and PIC that you use is your signature, and is used by Viamericas to authenticate and validate that the person sending or receiving Items is authorized to do so. You authorize Viamericas to debit or credit your bank account (including by creating a paper draft or an electronic funds transfer) in accordance with any instructions provided to the Service that include your User ID and PIC. This means that any Transaction you perform with your User ID and PIC, and any Transactions performed with your User ID and PIC by persons who you give such information, are authorized by you, and you are responsible for such Transactions. In the event there is an error in the processing of your Transaction, you authorize us to initiate debit or credit entries to your bank account to correct such erroneous Transactions, provided that any such correction is made in accordance with applicable laws and regulations. In addition, if you have elected to send or receive funds using your bank account, you authorize the financial institution at which your bank account is maintained to accept Automated Clearing House (“ACH”) credits or debits to such account, and you authorize us to obtain information regarding your funds transfers from the financial institution at which your bank account is maintained to resolve payment posting problems. Your authorization will remain in full force and effect until Viamericas receives notification from you of its termination. You may terminate your authorization by writing us at the address or calling the telephone number provided below in this Agreement. Any termination will become effective as soon as we have had a reasonable amount of time to act on it.

14.

SAFEKEEPING OF USER ID AND PIC. You should keep this Agreement, your User ID, and PIC in a safe place. You agree not to give your User ID or PIC to any unauthorized individuals.

15.

FORGOTTEN USER ID OR PIC.  If you forget your User ID or PIC contact us at 1-866-VIA-7272 or by e-mail at customerservice@viamericas.com, or write to us at Viamericas Corp., 4641 Montgomery Avenue, Fifth Floor, Bethesda, MD 20814.

16.

HOW TO REPORT LOST OR STOLEN USER ID OR PIC; QUESTIONS ABOUT THE SERVICE. If you believe that your User ID or PIC has been lost or stolen or that someone has attempted or may attempt to send or receive funds or obtain Items using your User ID and PIC, or if you have any questions regarding the Service, call us at 1-866-VIA-7272 during regular business hours, write to us at Viamericas Corp., 4641 Montgomery Avenue, 5^th Floor, Bethesda, MD 20814, or send us an e-mail notification at customerservice@viamericas.com.  EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, PRIOR TO VIAMERICAS’ NOTIFICATION OF THE LOSS OR THEFT OF YOUR USER ID AND/OR PIC YOU SHALL REMAIN RESPONSIBLE FOR ALL TRANSACTIONS INVOLVING YOUR USER ID AND PIC. 

17.

FEES FOR TRANSACTIONS AND OTHER SERVICES.

a)

TRANSACTION FEE FOR THOSE INITIATING A TRANSACTION. In consideration for the use of the Service, you agree to pay Viamericas a fee for each Transaction Instruction provided by you at the applicable rate then in effect (“Transaction Fee”). The applicable Transaction Fee for your Transaction will be provided to you prior to your confirmation of the Transaction and will be added to the amount charged by an Authorized Delegate, debited from your bank account, deducted from your balance of prepurchased services, or you must include it in the check, money order, or wire transfer that you send to Viamericas to pay for an Item.  The Transaction Fee will be reflected in your activity history as part of your Transaction amount.

b)

RETURNED ITEM FEE.  In addition to the Transaction Fee, we will charge a Returned Item Fee of US$10 to your bank account for each Transaction request we cannot complete due to a closed account or insufficient funds or if the item is returned to Viamericas for any other reason.  Viamericas may increase this Returned Item Fee at its sole discretion and without providing prior notice to you.

c)

MISCELLANEOUS FEES. Certain additional fees and charges may apply for services not listed above. We will disclose the cost of any such services to you at the time you make the request, and you authorize us to charge any fees for these services to your bank account or balance of prepurchased services.

18.

DISCLOSURE OF INFORMATION TO THIRD PARTIES.  By providing us with a Transfer Instruction, you consent to have your name and e-mail address made available as identification to any Recipient you designate to receive funds. Viamericas values your privacy. Please click here to view Viamericas’ Privacy Policy, which is incorporated herein by reference.  You should check the Privacy Policy regularly for changes. Viamericas reserves the right to verify any of the information you provide.

19.

OUR LIABILITY TO YOU. We will use our best efforts to process all of your Transactions properly.  However, we shall incur no liability if we are unable to complete or properly process any Transaction because of the existence of any one or more of the following circumstances:

a)

If any system or equipment was not working properly and you knew or had been advised about the breakdown before you started the Transaction;

b)

If you do not have enough available funds in your bank account or available balance of prepurchased services to make the Transaction, or if the Transaction would cause you to exceed any applicable daily or Transaction limit;

c)

If you do not provide an Authorized Delegate or Viamericas with a valid government issued identification document(s) that is required for a Transaction that exceeds certain Transaction limits established by Viamericas from time to time;

d)

If the Recipient fails to properly identify himself in accordance with procedures established by Viamericas for obtaining Items;

e)

If your computer or Internet service provider's system is not working properly;

f)

If circumstances beyond our control (such as, but not limited to, power outages, fire, flood, mechanical or systems failure) prevent the proper execution of the Transaction, despite reasonable precautions we have taken;

g)

If your Transaction or source of funding the Transaction is intercepted by legal process or other encumbrances restricting Transactions, or your participation in the Service has been terminated or suspended for security purposes;

h)

If we have reason to believe that the Transaction requested is unauthorized; or

i)

If you have not provided us with the correct name and other information for the Recipient.

Provided that none of the above exceptions to our performance obligations is applicable, if you provide us with proper Transaction Instructions, and (i) we cause an incorrect Transaction which does not comply with your Transaction Instructions, we shall be responsible for re-crediting any improperly transferred funds to your Viamericas internal Customer Record; or (ii) we fail to make delivery of the Items directed by your Transaction Instructions, we shall be responsible for re-delivering the Items as directed by such Transaction Instructions. THE FOREGOING SHALL CONSTITUTE VIAMERICAS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY.

IN NO EVENT SHALL VIAMERICAS OR ANY OF ITS AFFILIATES, BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE VIAMERICAS WEB SITE, OR ANY PRODUCTS OR SERVICES OFFERED BY VIAMERICAS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF VIAMERICAS OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

20.

IN CASE OF ERRORS, ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH US SHOULD BE DIRECTED TO US AND NOT TO THE FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK ACCOUNT. We are responsible for the Service and for resolving any Transaction(s) errors. Telephone or e-mail us using the telephone number or address provided in Section 15 of this Agreement as soon as you can, if you think a Transaction, your activity history or a debit to your bank account is wrong or if you need more information about a Transaction or item listed in any of the foregoing. We must hear from you no later than sixty (60) days after the questionable Transaction or item FIRST appeared in your activity history or bank account statement, as applicable.

a)

Tell us your name, and if applicable User ID and e-mail address.

b)

Describe the error or the Transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

c)

Tell us the dollar amount of the suspected error.

d)

It will be helpful to us if you also give us a telephone number at which you can be reached in case we need any further information.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.  We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, and your complaint or question involves a debit to your bank account, we may transmit a provisional ACH credit to your bank account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not transmit the provisional ACH credit. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents used in our investigation. Errors in your bank account that are unrelated to a Viamericas Service should continue to be directed to your financial institution.

21.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS.  Tell us AT ONCE if you believe your User ID, PIC, and/or Viamericas Money Transfer Card^SM has been lost or stolen. Telephoning us at 1-866-VIA-7272 is the best way of keeping your possible losses down. You should also contact your financial institution at the address they have provided regarding any unauthorized debits posted to your bank account.  If you tell us within two (2) business days, you can lose no more than US$50 if someone uses your User ID and/or PIC without your permission if we receive such notification prior to any unauthorized use.  If your bank account statement or activity history shows transactions you did not make, tell us at once. If you do not tell us within sixty (60) days after the questionable transaction is posted to your bank account statement or activity history, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking money if you had told us in time. If a good reason (such as a long trip or hospital stay) prevented you from telling us, we may extend the time periods.  PROTECT THE VIAMERICAS MONEY TRANSFER CARD^SM AND TREAT IT AS CASH.  PLEASE REPORT A LOST OR STOLEN MONEY TRANSFER CARD^SM   IMMEDIATELY.  VIAMERICAS CANNOT REIMBURSE FUNDS THAT ARE USED FROM A MONEY TRANSFER CARD^SM BEFORE IT IS REPORTED LOST OR STOLEN.

22.

GENERAL COMPLIANCE WITH LAWS; INDEMNITY. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service and your offer to purchase and purchase of Items.  You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party, or otherwise arising out of your use of the Service.

23.

RESOLUTION OF DISPUTES BY ARBITRATION.  Any dispute or claim arising from or relating to the provision of the Service that involves a claim by you or any claims made by anyone connected with you or claiming through you for less than $10,000, exclusive of interest, arbitration fees and costs, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Arbitration Rules for the Resolution of Consumer Related Disputes. Any other dispute or claim arising from or relating to the Service shall be settled by arbitration administered by the AAA under its Commercial Arbitration Rules, with such arbitration to be held in Baltimore, Maryland. 

If you initiate the arbitration, you must notify us in writing at Viamericas Corporation/Office of the General Counsel, 4641 Montgomery Avenue, Fifth Floor, Bethesda, MD 20814. If we initiate the arbitration, we will notify you at the last known postal or e-mail address on file with us.  If we initiate arbitration and/or any legal action to collect money owed to us under this Agreement, and if we substantially prevail on our claims in arbitration, you agree to pay all our costs for such arbitration and/or action, including any reasonable attorneys' fees.  Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof.  

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 Section 23 and that claims of third parties shall not be joined in any arbitration between the parties. The parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C.§1-16.  

Disputes filed by you or by us individually in a small claims court are not subject to arbitration, so long as the disputes remain in such court and advance only an individual claim for relief. In addition, disputes involving claims that you have infringed or have threatened to infringe our intellectual property rights are not subject to arbitration. If any portion of this Section 23 is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section 23.  

THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 23, 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.

24.

OTHER TERMS AND CONDITIONS.

a)

BUSINESS DAYS. Our business days are Monday through Friday. Saturdays, Sundays, and holidays are not business days.  Customer Service Representatives can be reached by dialing 1-866-VIA-7272 Monday through Friday 8:00am to 10:00pm EST, Saturdays 9:00am to 7:00pm EST, and Sundays 10:00am to 5:00pm EST.  

b)

CUSTOMER FUNDS.  Viamericas shall maintain an operating account(s) and a separate master customer funds account(s) at a bank(s) located within the United States into which funds received in connection with the sale of Delivery Packages, Store Credits, Funds Transfers, and Bill Payments are deposited.  Funds collected from you in connection with the sale of Items will be deposited into the master customer funds account(s).  Viamericas will not co-mingle funds deposited in the operating and master customer funds accounts.  Funds deposited in the master customer funds account(s) are held in trust for the exclusive benefit of customers who have purchased Items and are therefore not available to Viamericas’ creditors.  Your payments for Items shall be deposited and held in the master customer funds account(s) for your benefit until the funds are either (a) transferred to another account, institution, retailer, or service provider to fulfill your orders for Items; (b) refunded to you or your successor in interest; (c) transferred into the Viamericas’ operating account(s) or another account designated by Viamericas only if such funds are categorized as transaction or other fees received from you; or (d) escheated under applicable state law.  

c)

DORMANCY. Viamericas will take reasonable efforts to contact you if your account remains dormant for three (3) consecutive months.  If you do not use the Service for a period of twelve (12) consecutive months, your membership in the Service will be temporarily suspended. You may re-activate your Customer Record on the Web site by entering your User ID and PIC and following the prompts or by contacting a Customer Service Representative.  During suspension periods, a US$2 monthly administrative fee will be charged against any remaining balance in your Customer Record.   

d)

UNCLAIMED PROPERTY. If you send Items to a Recipient who does not claim them, attempt to claim them, or attempt to claim them in the manner prescribed by Viamericas, we will send you and the Recipient a letter and/or e-mail notification if possible. If the Recipient does not claim the Items within twenty-one (21) days of the date the initial letter and/or e-mail notification were sent, we will attempt to remit the funds, minus any transaction fees, to you upon your request. However, if we are unable to credit your bank account or are otherwise unable to remit such funds back to you, applicable law may require us to report such funds as unclaimed property.

e)

ASSIGNMENT. We may assign this Agreement without obtaining your consent. You may not assign or transfer this Agreement without our prior written consent.

f)

APPLICABLE LAW. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF MARYLAND, WHETHER OR NOT YOU LIVE IN MARYLAND.

g)

PROVISIONS SEVERABLE. If any provision of this Agreement is held to be invalid or unenforceable, the rest of this Agreement will not be affected.

h)

LEGAL ACTION. If we initiate any legal action to collect money owed to us under this Agreement, you agree to pay all our costs for such action, including any reasonable attorneys' fees.

i)

TAXES. It is the Recipient’s and the Sender’s responsibility to determine whether sales or use taxes apply to the Transactions and to collect, report and remit the correct tax to the appropriate tax authority. Viamericas is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any Transaction.

j)

CONTRACTING PARTY.  Services are provided by Viamericas Corporation, unless you purchase a Viamericas Money Transfer Card^SM or configure a transaction with an Authorized Delegate in California, in which case Services are provided by BAC Florida Bank, a bank chartered by the state of Florida.  Any correspondence to BAC Florida Bank should be sent to the following address:

BAC Florida Bank
ATTN: Viamericas Operations
169 Miracle Mile, R10
Coral Gables, FL 33134

Or call 1-866-VIA-7272

k)

DISCLAIMER OF VARIOUS WARRANTIES.

i)

WE PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.

ii)

VIAMERICAS IS NOT A PARTY TO, AND DISCLAIMS ALL RESPONSIBILITY FOR, THE UNDERLYING TRANSACTION FOR WHICH A FUNDS TRANSFER IS MADE THROUGH VIAMERICAS. VIAMERICAS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATED TO THE VIAMERICAS SERVICE INCLUDING ANY PRODUCTS OR SERVICES OBTAINED THROUGH VIAMERICAS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION OR OTHERWISE, AND ANY WARRANTY WITH RESPECT TO THE ABSENCE OF PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT OR THE LIKE.

l)

ACKNOWLEDGEMENT. You acknowledge that Viamericas is not a bank, and that any interest earned on funds awaiting clearance will be the property of Viamericas.  IN UNITED STATES JURISDICTIONS WHERE VIAMERICAS ACTS ALONE, OUTSIDE OF ITS RELATIONSHIP WITH BAC FLORIDA BANK, PREPURCHASED SERVICES OR FUNDS ASSOCIATED WITH A VIAMERICAS ITEM AWAITING TRANSFER INSTRUCTIONS ARE CREDIT OBLIGATIONS OF VIAMERICAS AND ARE NOT FDIC INSURED. You acknowledge that Viamericas is not an escrow service.

25.

COPYRIGHT AND TRADEMARKS. The Internet Web site, the content, and all intellectual property rights pertaining thereto (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by Viamericas or third parties and all right, title and interest therein and thereto shall remain the property of Viamericas and/or its licensors, successors or other third parties.  The Internet Web site and content may be used only for the purpose of engaging in Transactions as permitted by this Agreement. You agree not to remove any copyright, trademark or other proprietary notice of legend contained on the site or the content (or printed pages thereof). Viamericas and other names and indicia of Viamericas’ products and/or services referenced herein are exclusive trademarks and servicemarks or registered trademarks of Viamericas. Other product and company names appearing in the site may be the trademarks of their respective owners.

26.

TERMINATION. Viamericas, in its sole discretion, may terminate this Agreement, your access to Viamericas’ Internet Web site or your participation in the Service without notice and for any reason at any time, including but not limited to, tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service.