1. OVERVIEW OF THE SERVICE

The Service allows people to send and receive money, reload pre-paid cell phones, and pay bills around the world. A "Sender" is someone who uses the Service to send money. A "Recipient" is someone who uses the Service to receive money through the Service. The "Destination Country" is the country in which the Recipient receives money through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides for transmittal to the Recipient, excluding applicable fees and prior to any foreign exchange conversion.
The "Payout Amount" is the amount paid out to the Recipient, excluding any taxes or charges that may be levied under the laws of the Destination Country (the "Local Taxes").

2. ACCESSING THE SERVICE
a. Eligible Users. You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.

b. Not Available to Certain Residents. The Service may not be available in whole or in part in certain states, countries, or jurisdictions. The Service is only available in those U.S. and Canadian jurisdictions where the Pronto Money Transfer, Inc. is licensed or otherwise authorized in accordance with applicable law. The Service is not currently available in the province of Quebec.

c. Offer and Acceptance. If you submit a Transaction, you are requesting that we process your Transaction, an offer which we may accept or reject at our sole discretion.

3. PAYMENT
a. Charges. For each Transaction that you submit, you agree to pay us a service fee (the "Service Fee") plus the Transaction Amount. Additional charges may apply. Payment is due at the time your transaction is submitted for processing. For transactions originating in the U.S., USEND only accepts payment in U.S. Dollars. For transactions originating in Canada, USEND only accepts payment in Canadian Dollars. If you submit a transaction that results in USEND being charged with NSF fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees.

b. Payment. In order for us to collect payment from you, you authorize us to access or debit funds from any of the payment instruments you provide us in connection with your use of the Service (each, a "Payment Instrument" including, for example, your credit/debit card or bank account). If your payment fails or is insufficient, you authorize us to re-try one or more times using the same or a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account at a later time. You represent and warrant that you are the lawful owner of your Payment Instrument(s).

c. Other Charges. USEND is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. USEND is not responsible for any insufficient funds charges, NSF fees, chargeback fees, or other, similar charges that might be imposed on you by your bank or other provider.

d. Foreign Currencies. Based on the difference between the exchange rate at which we purchase a foreign currency and the exchange rate offered to you, USEND and its Service Providers (defined below) typically profit when you pay for a Transaction in a currency and it settles in another coin. You agree that when you make a transaction to the payee’s bank account , that account is in the same currency as the transaction.

e. Other Financial Obligations. To the extent permitted by law, USEND has the right to collect from you the Transaction Amount and Service Fee of any uncollected or reversed Transaction, plus any fees assessed and collection expenses, court costs and attorneys’ fees. To the extent permitted by law, you agree to hold USEND harmless from any losses, costs, expenses or damages it may incur in connection with collecting for any Transaction or in defending any such actions, including court costs and legal fees. You may be reported to a collection agency or credit bureau if you do not pay for any Transaction or Service Fee that you have authorized on our website in accordance with this Agreement. You authorize USEND to debit your Payment Instrument, bank account or debit card account and/or charge against your credit card account for any amounts owing to USEND as described herein.

4. DISBURSEMENT
Service Providers. We work with local destination banks, money exchange houses, and other third-party service providers (each, a "Service Provider") to pay funds out to Recipients. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service.

5. RESTRICTIONS
a. General. We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in USEND’s sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.

b. Delays. Your Transaction may be delayed or cancelled in the course of our efforts to verify your identity, validate your Transaction instructions and Payment Instruments, contact and locate you, and otherwise comply with applicable law. Business hours and currency availability may also play a role. However, if your transaction is cancelled you will be entitled to a refund in accordance with these terms.

c. Reload Pre-Paid Mobile Phones. You understand that our responsibility for mobile reload Transactions is to confirm the transfer of the payout amount from a sender’s account to a beneficiary’s pre-paid mobile phone account as a mobile reload. You further understand that we provide estimates of the local taxes and other fees that may be charged by a beneficiary’s wireless carrier (the "Carrier") to a mobile reload transaction, but that the exact amount of the local taxes and fees are determined by the beneficiary’s destination country and local carrier. You agree that you and/or your beneficiary have read the terms and conditions applicable to the beneficiary’s mobile phone account (the "Carrier Agreement"), which terms may include, for example, fees and taxes charged on a mobile reload, the expiration of the mobile reload and the quality and quantity of airtime, data and other services for which the mobile reload may be used. Once the payout amount is accepted by the carrier, the Carrier Agreement applies to all services for which the mobile reload may be used by the beneficiary. Terms and conditions vary by carrier, destination country and the terms of the Carrier Agreement. You agree to contact your carrier directly with questions or problems regarding the application of the mobile reload to services provided by the carrier.

d. Unauthorized Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules, or regulations. It is a violation of the User Agreement to use the Service for any of the following activities (without limitation): sexually-oriented materials or services, gambling activities, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or to send money to a Recipient that has violated the User Agreement. If you use the Service in connection with illegal conduct, USEND reserves the right to report you to the appropriate law enforcement agency or agencies.

e. Ineligibility. Not all Payment Instruments are available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain Payment Instruments. We may, at our sole discretion, refuse Transactions from certain Senders and to certain Recipients, including without limitation, entities and individuals that are included on the Office of Foreign Assets Control Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of Treasury, Canadian government and other applicable government agencies.

f. Transactions on Behalf of Others. You may not submit or receive a Transaction on behalf of any other undisclosed person or business entity. If you intend to submit or receive a Transaction on behalf of any other individual or business entity, you must disclose this fact to USEND so before the Transaction is processed. You agree to provide us with complete and accurate information with respect to such individual or business entity as requested by USEND and in accordance with applicable law.

g. No Changes. We generally do not let you change the details of your Transaction once it’s submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.

h. Restricted Activities. In connection with your use of our website or the Service, or in the course of your interactions with USEND, a user or a third party, you shall not:
i. Breach this User Agreement, or any other agreement between you and USEND;
ii. Open more than one account, without our prior written permission;
iii. Provide false, inaccurate, or misleading information;
iv. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
v. Use an anonymizing proxy;
vi. Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission.

6. COLLECTION OF INFORMATION
a. Privacy Policy. By agreeing to this User Agreement, you acknowledge and consent to USEND’s Privacy Policy. The Privacy Policy can be found here: https://usend.com/privacyPolicy

b. Customer Identification Program. To help the government fight the funding of terrorism and money laundering activities, applicable law requires that we obtain, verify, and record information about you. We may require that you provide us with nonpublic, personal, identifying information. We may also lawfully obtain information about you from other sources without your knowledge, including non-public personal identifying information that we may obtain while you visit this website. Please see our Privacy Policy.

c. Government Disclosures. We may provide information about you and your Transactions to government authorities and enforcement agencies, as described in our Privacy Policy and in accordance with applicable law.

d. Verifying information. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party databases, or through other sources.

7. PROBLEMS
General. Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement. Residents of certain jurisdictions may also consider the following:

ERROR RESOLUTION

WHAT TO DO IF YOU HAVE A PROBLEM WITH YOUR TRANSFER: We appreciate your business and we are committed in delivering “best in class” financial services. If you think there has been an error or problem with your remittance transfer, please:
Email us at: help@usend.com
Or call us at: 888-305-7264
Or write to us at: Pronto Money Transfer, Inc.
Attention: Customer Service
111 N. Sepulveda Blvd., Suite 340
Manhattan Beach, CA 90266

In order for us to resolve an error, you must contact us within 180 days of the date we promised to you that funds would be made available to the Recipient. When you do, please provide the following information:
(1) Your name, address and telephone number;
(2) Your email address;
(3) The error or problem with the transfer, and why you believe it is an error or problem;
(4) The name of the person receiving the funds, and their address and telephone number;
(5) The dollar amount and date of the transfer; and
(6) The confirmation number of the transaction.

We will help to resolve any errors in your remittance transfer. We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three 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 any documents we used in our investigation.

YOUR CANCELLATION RIGHTS: Notwithstanding any other terms or conditions, in accordance with U.S. law any international transaction may be canceled for a refund of the full transfer amount and any fees paid within 30 minutes of payment, unless the funds have been picked up or deposited to the Recipient’s account.

In order to request a cancellation within 30 minutes please contact us at 888-305-7264 or help@usend.com

When you contact us, you must provide us with information to help us identify the transfer you wish to cancel, including the amount and location where the funds were sent. We will refund your money within three business days of your request to cancel a transfer as long as the request is made within 30 minutes and the funds have not already been picked up or deposited into the Recipient’s account.

Error Resolution and Cancellation Disclosure: You have a right to dispute errors in your transaction. If you think there is an error, contact us within 180 days at 888-305-7264 or help@usend.com. You can also contact us for a written explanation of your rights. You can cancel for a full refund within 30 minutes of payment, unless the funds have been picked up or deposited. For questions or complaints about Pronto Money Transfer, Inc. contact: California Department of Financial Protection & Innovation, 1-866-275-2677 https://dfpi.ca.gov/, email: Ask.DFPI@dfpi.ca.gov or Consumer Financial Protection Bureau 855-411-2372, 855-729-2372, & (TTY/TDD) www.consumerfinance.gov. Recipient may receive less due to fees charged by the recipient’s bank and foreign taxes.

Consumer Commitment: The consumer accepts the terms and conditions included in this agreement and acknowledges and agrees that you are providing Pronto Money Transfer Inc., with true, accurate, current and complete information, and that will not use Pronto Money Transfer Inc services for or in connection with any prohibited activity. Where applicable, bank account information must be accurate, as the money may not be recoverable if deposited to the wrong account. Customer must be 18 years or applicable State legal consent age to use this service.

Date of Funds Availability: Your transaction may be delayed or cancelled by certain aspects of the service included but not limited to: identity verification, validation of your transaction’s instructions, fraud, compliance review, currency availability of our service providers, or ultimately unavailability due the compliance with the applicable laws or holidays. Nevertheless, you may be entitled to a refund in accordance with our terms of use and subject to applicable laws.

Consumer Fraud Warning: If you are sending money based on an uncertain promise of goods or services, for the collection of a prize, or to an unknown party, you may be a victim of fraud. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at 1-888-305-7264.

For California Residents Only: If you have complaints with respect to any aspect of the money transmission activities conducted with USEND, you may contact the California Department of Financial Protection & Innovation at its toll-free telephone number, 1-866-275-2677, by email at Ask.DFPI@dfpi.ca.gov, or by mail at California Department of Financial Protection & Innovation, 2101 Arena Blvd, Sacramento, CA 95834.

The following applies only to Transactions that are submitted by Senders in California:
Right to Refund: You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Pronto Money Transfer, Inc. 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 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 Pronto Money Transfer, Inc. at 111 N. Sepulveda Blvd, Suite 340, Manhattan Beach, CA 90266. 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.

For Alaska Residents Only:
If your issue is unresolved by Pronto Money Transfer Inc., DBA Usend & 1-877-766-8825, please submit formal complaints with the State of Alaska, Division of Banking & Securities.

Please download the form here: https://www.commerce.alaska.gov/web/portals/3/pub/DBSGeneralComplaintFormupdated.pdf
Submit formal complaint form with supporting documents:
Division of Banking & Securities PO Box 110807 Juneau, AK 99811-0807

If you are an Alaska resident with questions regarding formal complaints, please email us at dbs.licensing@alaska.gov or call Nine Zero Seven Four Six Five Two Five Two One.

For Vermont Residents Only:
In accordance with the state of Vermont we will not disclose non-public personal financial information only with your written authorization, unless otherwise permitted by law. Written authorizations may be delivered to us by email at doc@pontualmt.com or mail to 111 N. Sepulveda Blvd., Suite 340, Manhattan Beach, CA 90266. Your consent or consent revocation must include your name, address and your signature. Any questions please contact us at 1-888-305-7264.

For Minnesota Residents Only:

Voluntary Disqualification by customer

You, the customer, are entitled from voluntary disqualify yourself from sending or receiving money transfers, this disqualification last for one year unless you give instructions that it be in effect for a period longer than one year. You, the customer may terminate this disqualification at any time upon written request to Pronto Money Transfer Inc., at 111 N. Sepulveda., Suite 340, Manhattan Beach, CA 90266 or by Email help@usend.com or call us a 1-888-305-7264.

Please submit your self-disqualification form by sending your request to help@usend.com.
FRAUD ALERT If you are sending money to someone you don’t know or w hose identity you can’t verify it can be part of fraudulent scam, please ask the agent to stop your transfer immediately, or call Pronto Money Transfer Inc. at 1(888) 305-7264 to report it.
How to File a Complaint:
To file a complaint first contact Pronto Money Transfer, Inc., listed below are the ways to contact Pronto Money Transfer Inc.’s customer service.

If you have complaints or other concerns with respect to any aspect of the money transmission activities conducted with Pronto Money Transfer, Inc., you may contact the Customer Service Department.

Write: Pronto Money Transfer, Inc.
Attention: Customer Service
Address: 111 N. Sepulveda Blvd., Suite 340 Manhattan Beach, CA 90266
Telephone: 1-888-305-7264
Fax: (310) 388-5457
Email: help@usend.com

If you still have an unresolved complaint regarding the company’s money transmission activity, please direct your com-plaint to The State Banking Departments or Consumer Financial Protection Bureau 855-411-2372, 855-729-2372 (TTY/TDD) www.consumerfinance.gov.:

Alabama Customers:
Alabama Securities Commission
Enforcement Division
http://www.asc.state.al.us
Telephone number: 800-222-1253

Alaska costumers:
If your issue is unresolved by Pronto Money Transfer Inc., DBA Usend & 1-877-766-8825, please submit formal complaints with the State of Alaska, Division of Banking & Securities.
Please download the form here: https://www.commerce.alaska.gov/web/portals/3/pub/DBSGeneralComplaintFormupdated.pdf
Formupdated.pdf
Submit formal complaint form with supporting documents:
Division of Banking & Securities PO Box 110807 Juneau, AK 99811-0807
If you are an Alaska resident with questions regarding formal complaints, please email us at dbs.licensing@alaska.gov or
call Nine Zero Seven Four Six Five Two Five Two One.

Arkansas Customers:
Arkansas Securities Department
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 Financial Protection and Innovation
Attn: Consumer Services Office
Toll Free: 866-275-2677 / 916-327-7585
Online https://dfpi.ca.gov/complaint
By mail: 2101 Arena Blvd., Sacramento, CA 95834

Connecticut Customers:
Connecticut Department of Banking
http://www.ct.gov/dob
Telephone: 1-800-831-7225

District Of Columbia Customers:
District of Columbia Department of Insurance, Securities and Banking
https://disb.dc.gov/
Telephone: 202-727-8000

Florida Customers:
Florida Office of Financial Regulation
http://www.flofr.com
Telephone number: 850-487-9687
Toll-Free: 1-877-MY-FL-CFO (1-877-693-5236)

Georgia Customers:
Georgia Department of Banking & Finance
http://www.dbf.georgia.gov
Toll-Free: 888-986-1633

Hawaii Customers:
Hawaii Division of Financial Institutions
Department of Commerce and Consumer Affairs
http://cca.hawaii.gov/dfi
Telephone number: 808- 586-2820

Idaho Customers:
Department of Finance
https://www.finance.idaho.gov
Telephone number: 208-332-8000
Toll-Free (Idaho Only): 1-888-346-3378

Illinois Customers:
Illinois Department of Financial and Professional Regulation
http://www.idfpr.com
Telephone number: 888-473-4858

Iowa Customers:
Iowa Division of Banking Finance Bureau
https://www.idob.state.ia.us
Telephone number: 515-281-4014

Indiana Customers:
Indiana Department of Financial Institutions
https://www.in.gov/dfi
Telephone number: 1.800.382.4880
Email: dficomplaints@dfi.in.gov
Kansas Customers:
Kansas Office of the State Bank Commissioner
http://www.osbckansas.org
Telephone number: 785-296-2266

Kentucky Customers:
Kentucky Department of Financial Institutions
http://kfi.ky.gov
Telephone number: 844-354-0613 | 502-573-3390
Toll Free: 1 800-223-2579
Fax: 1 502-573-0086

Louisiana Customers:
Louisiana Office of Financial Institutions
http://www.ofi.louisiana.gov
Telephone number: 888-525-9414

Maryland Customers:
https://www.dllr.state.md.us
Office of the Commissioner of Financial Regulation
Maryland Department of Labor
500 North Calvert St., Suite 402
Baltimore, MD 21202
Telephone: 1-888-784-0136
http://www.dllr.state.md.us/finance
The Commissioner of Financial Regulation for the
State of Maryland will accept all questions or
complaints from Maryland residents regarding
Pronto Money Transfer Inc.
NMLS # 907330 at: 500 N Calvert Street, Suite 402,
Baltimore, Maryland, 21202,
Phone toll free 888-784-0136.

Pronto Money Transfer Inc., license status information can be viewed on the
NMLS Consumer Access website at
https://nmlsconsumeraccess.org/

Massachusetts Customers:
Massachusetts Division of Banks
https://www.mass.gov/orgs/division-of-banks
Telephone number: 617-956-1500
Toll-Free at (800) 495-BANK (2265)
License No. 907330

Minnesota Customers:
Minnesota Department of Commerce
https://mn.gov/commerce/consumers
Telephone: (Local) 651-539-1500
(Complaints) 651-539-1600
By mail: Main Office, Golden Rule Building,
85 7th Place East Suite 280 Saint Paul, Minnesota 55101

Mississippi Customers:
Mississippi Department of Banking & Consumer Finance
http://www.dbcf.state.ms.us
Telephone number: 800-844-2499
Toll Free: 1-800-844-2499

Montana Customers:
For consumers located in Montana,
please contact Pronto Money Transfer Inc., directly

New Hampshire Customers:
State of New Hampshire Banking Department
https://www.nj.gov/dobi
53 Regional Drive, Suite 200, Concord NH 03301
Telephone: (603) 271-3561
TDD Access: Relay NH 1-800-735-2964
Fax: 603 -271-1090
E-mail legal@banking.nh.gov

New Jersey Customers:
New Jersey Department of Banking and Insurance
www.nj.gov/dobi
Telephone number: 609-292-7272 or 800-446-7467

New Mexico Customers:
New Mexico Financial Institutions Division
http://www.rld.state.nm.us
Telephone number: 505-476-4885

North Carolina Customers:
North Carolina Office of the Commissioner of Banks
http://www.nccob.gov/public/
Telephone number: 1-800-874-9791 or 1-919-733-3016

North Dakota:
ND Dept. of Financial Institutions Consumer Division
https://www.nd.gov/dfi
Telephone number: 701- 328-9933

Nebraska Customers:
Nebraska Financial Institutions Division
http://www.ndbf.ne.gov/
Telephone number: 402)-471-2171
Consumer Hotline: 877)-471-3445
1526 K St #300, Lincoln, NE 68508

Nevada Customers:
Nevada Department of Business and Industry
Division of Financial Institutions
www.fid.state.nv.us
Telephone number: 702-486-4120

Ohio Customers:
Ohio Division of Financial Institutions
https://www.com.ohio.gov
Telephone number: 1-866-278-0003 or 614-728-8400

Oregon Costumers:
Oregon Division of Financial Regulation
350 Winter St. NE, Room 410
Salem, OR 97309
http://dfr.oregon.gov
Telephone: 1-888-877-4894 (Toll-free in Oregon) or 503-378-4140

Pennsylvania Customers:
Pennsylvania Department of Banking and Securities
https://www.dobs.pa.gov/Consumers/Pages/File-a-Complaint.aspx
Telephone: 1.800.PA.BANKS (1-800-722-2657)
17 N. 2nd Street, Suite 1300, Harrisburg, PA 17101

Rhode Island Customers:
Department of Business Regulation
http://www.dbr.ri.gov/divisions/banking
Telephone number: 401-462-9500

South Carolina Customers:
State Board of Financial Institutions Consumer Finance Division
http://bofi.sc.gov/ConsumerFinance
Telephone number: 803-734-2020

South Dakota Customers:
South Dakota Division of Banking
https://dlr.sd.gov/banking
Telephone: 605-773-3421
Fax: 866-326-7504
1601 N. Harrison Avenue, Suite 1 Pierre, SD 57501

Tennessee Customers:
Department of Financial Institutions
http://www.tennessee.gov/tdfi/
Telephone number: 615- 741-2236 or 1-800-778-4215
E-mail TDFI.Contact@tn.gov

Utah Customers:
Utah Department of Financial Institutions
http://www.dfi.utah.gov/
Telephone number: 801-538-8830

Vermont Customers:
Vermont Department of Financial Regulation
Banking Division
https://dfr.vermont.gov
Telephone number: 888)-568-4547 Call Free/ Llamada Gratuita
E-mail: dfr.bnkconsumer@vermont.gov

Virginia Customers:
Virginia Bureau of Financial Institutions
http://www.scc.virginia.gov/bfi/
Telephone number: 804- 371-9657 or 800-552-794

Washington Customers:
Washington Department of Financial Institutions
https://dfi.wa.gov
Telephone number: 360-902-8703
1-877-RING DFI (1-877-746-4334)
E-mail: CSEnforceComplaints@dfi.wa.gov

Wisconsin Costumers:
Wisconsin Department of Financial Institutions
4822 Madison Yards Way, North Tower
Madison, WI 53705
Telephone: 608-261-9555
http://www.wdfi.org

Wyoming Customers:
Wyoming Division of Banking
http://wyomingbankingdivision.wyo.gov
Telephone number: 307-777-7797

8. USEND INTELLECTUAL PROPERTY
You acknowledge that the Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well as all other USEND copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by USEND (the "USEND Intellectual Property"). You agree not to display, use, copy, or modify the USEND Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof); or (iii) infringe USEND’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

9. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.

10. INDEMNITY
You agree to indemnify, defend and hold USEND, Service Providers, and their respective subsidiaries, affiliates, officers, directors, agents, partners, and employees harmless from any and all claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Service, (ii) your connection to the Service, (iii) your violation of the User Agreement, (iv) your violation of any applicable state or federal laws or regulations, (iiv) your violation of any rights of another, and (iiiv) any intentional wrongdoing of any kind.

11. LIMITATION OF LIABILITY
EXCEPT FOR CLAIMS UNDER SECTION § 2102 OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA, IN NO EVENT SHALL USEND, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF USEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF USEND, DISBURSEMENT PARTNERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.

12. DISPUTE RESOLUTION AND GOVERNING LAW
a) Governing Law. This User Agreement shall be governed according to the laws of the State of California, and all activities performed in connection with the Service shall be deemed to have been performed in California. Any controversy, dispute, or claim arising out of or relating to the Service or User Agreement (a "Claim") shall be governed by and construed in accordance with the laws of California, except that body of law governing conflicts of law.

b) Disputes with USEND. If a dispute arises between you and USEND, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and USEND regarding the Service may be reported to Customer Service by telephone at 1-888-305-7264; or by email at help@usend.com; or by mail at USEND, Attn: Customer Service, 111 N. Sepulveda Blvd, Suite 340, Manhattan Beach, CA 90266, USA.

c) Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

d) Forum for Disputes. Except as otherwise agreed by the parties or as described in section 12(c) above, you agree that any claim or dispute you may have against USEND must be resolved by a federal or state court located in Los Angeles County. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

e) Improperly Filed Litigation. All claims you bring against USEND must be resolved in accordance with section 12 of this Agreement. All claims filed or brought contrary to section 12 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to section 12, USEND may recover attorneys’ fees and costs (including in- house attorneys and paralegals) up to $1,000.00 USD, provided that USEND has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

13. ELECTRONIC COMMUNICATIONS
a. You acknowledge that this User Agreement shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) this User Agreement and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or USEND.

b. The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this User Agreement.

c. In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, such as Internet Explorer version 4.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with USEND’s e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer’s hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile by contacting our customer service at (888) 305-7264.

14. MISCELLANEOUS
a. Entire Agreement. The User Agreement constitutes the entire agreement between you and USEND and governs your use of the Service, superseding any prior agreements between you and USEND.

b. No Waiver. The failure of USEND to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the User Agreement as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect.

c. Modification. We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the User Agreement at any time by reviewing this website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void.

d. Language. In the event there is any inconsistency between the English and other language text on this website, including the User Agreement, the English text shall be binding.

15. SECURITY AND FRAUD PREVENTION
Your security is very important to USEND, and we work hard, utilizing state-of-the-art security measures, to make sure that your information is secure. USEND is a safe and convenient way to send money to family members and to other people that you trust. But we urge you to consider carefully before sending money to anyone that you do not know well. In particular, you should be cautious of deals or offers that seem too good to be true. To learn more about fraud prevention, please refer to our advisory at Prevention of Frauds, Scams and Elder Abuse. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at 1-888-305-7264. If you are aware of anyone or any entity that is using the Service inappropriately, please email us at abuse@usend.com. And if you receive any fake (phishing) emails, purporting to be from USEND, please forward them to us at abuse@usend.com.

16. LN DISCLOSURE
You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to Pronto Money Transfer Inc., DBA Pontual Money Transfer, DBA USEND and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See our Privacy Policy for how we treat your data.

17. CONTACT INFORMATION
Questions, notifications, requests for refunds or more information can be sent to USEND, as follows: by telephone at 1-888-305-7264; by email at help@usend.com or by mail at Pronto Money Transfer, Inc., Attn: Customer Service, 111 N. Sepulveda Blvd, Suite 340, Manhattan Beach, CA 90266, USA.