User Agreement for MoneyXpress Service

This User Agreement ("Agreement" or "User Agreement") is a contract between you and MoneyXpress Corporation. and applies to your use of the MoneyXpress payment service and any related products and services (collectively the "Service"). This Agreement affects your rights and you should read it carefully. We encourage you to print the Agreement or copy it to your computer's hard drive for your reference. In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "MoneyXpress," "we" or "our" will refer collectively to MoneyXpress corporation and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
By clicking "I Agree", "I Accept", or by submitting payment information through the Service you agree to the terms and conditions of this Agreement, the MoneyXpress Privacy Policy, and any agreements or documents incorporated by reference. You further agree that this User Agreement forms a legally binding contract between you and MoneyXpress Corporation, and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. MoneyXpress Corporation reserves any rights not expressly granted herein. This Agreement is subject to change by MoneyXpress without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the MoneyXpress website. Descriptions of material amendments to this Agreement will be posted in advance on the MoneyXpress website in the "Policy Updates" section that is displayed to you when you log in to your account. You may review the current Agreement prior to initiating a transaction at any time at our User Agreement page.
Unless otherwise specified, all references to a "bank" in this Agreement include savings associations and credit unions. This Agreement was last modified on October 17, 2002.

1. The Legal Relationship Between You and MoneyXpress
2. User Responsibilities
3. Sending Payments
4. Receiving Payments
5. Rights, Obligations and Disclaimers of MoneyXpress
6. Electronic Fund Transfer Rights and Error Resolution.

I.The Legal Relationship between You and MoneyXpress

By registering for the Service, you appoint MoneyXpress as your agent to process payments on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement. MoneyXpress will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) MoneyXpress is not a bank and the Service is a payment processing service rather than a banking service, and (ii) MoneyXpress is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian
You are not required to keep funds in the MoneyXpress system (i.e., carry a balance in your MoneyXpress agency account) in order to use the Service. If you do carry a U.S. Dollar balance in your MoneyXpress account, MoneyXpress will pool your funds together with funds from other Users, and will place those funds in accounts at one or more FDC-insured banks ("Pooled Accounts"). You agree that any earnings on the Pooled Accounts will be the property of MoneyXpress, and you will not receive interest or other earnings on the funds that MoneyXpress handles as your agent. Balances held in currencies other than U.S. Dollars will not be placed with the FDIC-insured banks.
By initiating and sending payments through the Service or adding funds to your balance, you appoint MoneyXpress as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate subject to the terms and restrictions of this Agreement. MoneyXpress will obtain the funds first by debiting your funds in the Pooled Accounts. If this is not sufficient to fund your payment fully, MoneyXpress will obtain the remaining funds per your instructions by debiting a bank account that you designate. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and MoneyXpress holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.
By receiving payments through the Service, you appoint MoneyXpress as your agent to cause the funds to be deposited on your behalf in the Pooled Accounts until you further instruct MoneyXpress with respect to the transmission of your funds. Through the MoneyXpress website, you may provide instructions to withdraw the funds or transfer the funds to a third party, in each case subject to the terms and restrictions of this Agreement. If you receive a notice that a payment has been sent to you through MoneyXpress but you have not registered for the Service, MoneyXpress will not become your agent and you will have no claim to those funds unless and until you register for the Service and indicate your acceptance of the payment.

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II. User Responsibilities

1. Eligibility.
   In order to use the Service, you must register for an account. As of January 1, 2002, you must be at least 18 years of age to register for an account and use the Service. Additionally, if your credit report reflects an unacceptable level of risk, as determined by MoneyXpress, you will not be eligible to use the service.
   
   
2. No Multiple Accounts.
   Should you register for more than one Personal Account, MoneyXpress reserves and has the right to terminate all of your accounts and will restrict you from the system going forward. Users may register and hold one Personal Account.
   
   
3. Registration Information.
   You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, MoneyXpress has the right to terminate your use of the Service and MoneyXpress, its agents, suppliers and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
   You authorize MoneyXpress, directly or indirectly through third or other parties, to make and receive any inquiries that MoneyXpress considers necessary to validate and verify your registration. This may include, but is not limited to, ordering a credit report and/or performing other credit checks or verifying the information you provide through or against third party databases.
   
   
4. International Use.
   To be eligible for an account, you must be a resident of the United States of America or the Country of Pakistan.
   All fees are set forth in the Fee Schedule. All fees will be assessed in the currency of the payment, and all transactions may be subject to exchange rates. If you maintain a MoneyXpress account balance in more than one currency, we will always disclose the amount of money in your account in the currency in which that balance is held. In addition, if you maintain balances in more than one currency, your current total account balance will be displayed in the currency of your primary balance. For additional information about the currencies available for the MoneyXpress Service, see sections III.7 Sending Payments: Multiple Currencies, and IV.7 Receiving Payments: Multiple Currencies, below.
   International Users in some countries may not use the Service to receive payments, and may only use the Service to send payments. These countries are designated on the MoneyXpress International page. IT IS MONEYXPRESS'S EXPRESS UNDERSTANDING THAT INTERNATIONAL USERS ARE SIGNING UP FOR A MONEYXPRESS ACCOUNT ONLY AFTER THE INTERNATIONAL USER DETERMINES THAT OPENING AND MAINTAINING A MONEYXPRESS ACCOUNT VIOLATES NO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND JURISDICTION. If you are an international user, you warrant that you are violating no law or regulation, of any country that may have a right or interest in regulating such transactions, by your use of MoneyXpress, and you indemnify us for any and all liability that might arise from your use of MoneyXpress.
   
   
5. Prohibited Transactions.
   You agree that you will not use MoneyXpress to accept or send payments for illegal products or services, including but not limited to, materials that infringe the intellectual property rights of third parties. You will not use the Service, the MoneyXpress website or any of the services or resources offered therein for any unlawful or fraudulent activity. If MoneyXpress has any reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including but not limited to, any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated at the sole discretion of MOneyXpress. You expressly agree to cooperate fully with MoneyXpress to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to, granting authorized MoneyXpress representatives "guest" or "member" access to any password-protected portions of your website or other such electronic media that MoneyXpress may deem necessary to conduct MoneyXpress' investigation.
   You agree not to impersonate a MoneyXpress User or a MoneyXpress representative, or to request that a MoneyXpress customer provide you with their password or other such information that may allow you to access their account or any MoneyXpress account that is not yours or set up by you.
   
   
6. Electronic Communications.
   To the fullest extent permitted by any applicable law or laws, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from MoneyXpress in electronic form. Electronic Communications may be posted on the pages within the MoneyXpress website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. MoneyXpress reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying MoneyXpress of your decision to do so by contacting us through this form or by telephoning customer service. If you revoke your consent to receive Communications electronically, MoneyXpress will terminate your right to use the Service.
   
   
7. Correct E-mail.
   You agree and warrant that you have access to the Internet and to a current functional personal e-mail address. Although we will take reasonable steps to contact you based on information that you have provided us, MoneyXpress will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You have an AFFIRMATIVE OBLIGATION to provide MoneyXpress with a correct and operational e-mail address and to notify MoneyXpress promptly as to any changes or cancellations of any and all e-mail addresses you provide MoneyXpress. Failure to provide MoneyXpress with a current, working, functional, personal e-mail address, and/or failure to update MoneyXpress of any change or cancellation of your e-mail address, or if MoneyXpress has reason to believe that any of the following may have occurred, may result in any or all of the following, non-exclusively: (1) the removal or deactivation by MoneyXpress of a non-functional e-mail address from your account; (2) the replacement of a secondary e-mail address as a new permanent e-mail address associated with your account; (3) an alteration to your user preferences regarding MoneyXpress e-mail notifications; (4) attempts by MoneyXpress to reach you personally by phone, fax or postal mail; and/or may elect to suspend or terminate any and all service to your account. IN addition, MoneyXpress reserves any and all rights necessary, in MoneyXpress' judgment, to take measures to ensure the integrity of its contact directory, and that you as a user, explicitly agree that you will cooperate and keep your contact information current.
   
   
8. No Framing.
   Because MoneyXpress members are warned never to enter their MoneyXpress account password into any page whose URL does not begin with https://www.MoneyXpress.com/, the use of "framing," where a 3rd party site displays a portion of the MoneyXpress website inside a webpage whose URL is not https://www.MoneyXpress.com/, is completely and expressly prohibited.
   
   
9. No Spam.
   You agree not to use email addresses of MoneyXpress customers to send unsolicited email. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to gather referral bonuses. The use of spam to promote the Service has strict negative consequences. We will immediately and permanently terminate the account of any User who has sent unsolicited email targeting MoneyXpress Users in any way or form to gain referrals or for any other purpose not specifically authorized by MoneyXpress. In addition, you may be subject to state and federal penalties and other legal consequences under any applicable law if you send unsolicited email or any other communication electronic or otherwise to any of MoneyXpress' customers, agents or other such authorized personnel or entities. Our Anti-Spam Policy is intended to protect our users, the Internet and all of MoneyXpress.
   
   
10. Unclaimed Property.
    If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable State laws, in the last State that we are able to ascertain as your State of residence through the exercise of our best judgment, regarding escheat of unclaimed property.
    
    
11. Passwords.
    You are not authorized to reveal your account password(s) to anyone else, nor can you use anyone else's password. MoneyXpress is not responsible for losses incurred by Users as the result of their misuse of password(s). Such misuse of any password(s) includes, but is not limited to, its discovery by any third party, the loss of such password(s), utilizing such password(s) for other internet or electronic function(s), sharing such password(s) or any negligence in protecting such password(s).
    
    
12. Closing Your Account.
    You may close your account at any time by sending an e-mail or other written request to close your account to cs@moneyxpress.net. Upon closure of an account, any pending transactions will be cancelled within a reasonable time period as determined by MoneyXpress. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you by check, assuming all withdrawal related authentication requirements have been fulfilled (for example, you may not use closure of your account as a means of evading withdrawal limits on new Unverified users). You may not use closure of your account as a means of evading investigation by MoneyXpress or any governmental authority. If an investigation of any type or for any reason is pending or proceeding, by MoneyXpress, any governmental or regulatory agency or other such business entity that may have an interest or claim in such funds, at the time you close your account, MoneyXpress may continue to hold your funds for up to 180 days, at MoneyXpress' sole discretion, as an appropriate time frame as to protect MoneyXpress against the risk of reversals or other such costs. MoneyXpress is not responsible for any damages suffered by the holding of such funds. This includes, but is not limited to, incidental or consequential damages of any type or form. If you are later determined to be entitled to some or all of the funds in dispute, MoneyXpress will make an additional payment of those funds to you. You will remain liable for all obligations related to your account even after such account is closed.
    
    
13. Hacking.
    If you use, or attempt to use the Service for purposes other than sending and receiving payments or managing your account, including but not limited to, tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
    
    
14. Assignability.
    You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of MoneyXpress. MoneyXpress reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
    
    
15. Indemnification.
    You agree to indemnify and hold MoneyXpress, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss or damages (including, but not limited to, attorneys' fees) including, but not limited to, any damages made or incurred by any third party arising out of or relating to your use of the Service.
    
    
16. Security Interest; MoneyXpress's Right to Setoff.
    To secure your performance of this Agreement, you grant to MoneyXpress a lien on and security interest in your account. In addition, you acknowledge that MoneyXpress may, at MoneyXpress's election, setoff against any accounts you own for any obligation you owe MoneyXpress at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. This Agreement is your express consent right to MoneyXpress's assert its security interest or in exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights granted MoneyXpress under this Agreement.
    
    
17. Choice of Law and Forum Selection.
    This Agreement is governed by and interpreted under the laws of the State of Illinois. The forum used for any lawsuits or legal actions against or involving MoneyXpress will be the Circuit Court of Cook County Illinois or United States District Court for the Eastern Division of the Northern District of Illinois.
    
    
18. Arbitration.
    Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cook County, Illinois, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or MoneyXpress may seek any interim or preliminary relief from a court of competent jurisdiction in Cook County, Illinois necessary to protect the rights or property of you or MoneyXpress, Corporation. (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

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III. Sending Payments

1. Verification.
   US users need to have a confirmed bank account with MoneyXpress before you can send any online payments. Once you confirm an email address and add a bank account, you may send funds online. In order to become Verified, you must send to MoneyXpress a signed online transaction form along with a copy of your government issued identification and a voided check. If your Verified bank account is closed, you must confirm your control of a new U.S. bank account in order to remain Verified. MoneyXpress reserves the right to decide that accounts at certain banks may not be used for Verification.
   You may also send funds by mailing a personal check, money order or cashier's check to our customer service center in Chicago. MoneyXpress reserves the right to hold any check until funds have cleared. Exchange rates for the foreign currency will be applied as of the day the funds have cleared into Moneyxpress's account.
   All accounts will be required to complete our membership process. Specifically, this means that you are required to establish your MoneyXpress account and must complete the membership process by filling out a new sender application on our website or in person or by mail. Some accounts, at MoneyXpress's discretion, may become Verified without completing the bank account confirmation process. In order to become Verified without completing the bank account confirmation process, an account will have completed an alternate Verification process determined and administered by MoneyXpress. Accounts eligible for an alternate Verification process are determined solely by MoneyXpress and will be contacted by MoneyXpress.
   
   
2. Electronic Transfers.
   When you make a payment through MoneyXpress that originates online, and when you initiate a "Send Funds" transaction you are requesting an electronic transfer from your bank account. Upon such request, MoneyXpress will make electronic transfers via the Automated Clearing House (ACH) system from your U.S. bank account in the amount you specify. You agree that such requests constitute your authorization for such transfers. MoneyXpress will never make transfers from your bank account without your authorization.
   MoneyXpress provides you protection against unauthorized withdrawals from your bank account under the terms of Article VI below. You may be charged a service fee for any ACH transactions that result in a returned ACH item, including but not limited to, those caused by insufficient funds in your bank account, closure of your bank account or if the bank account number or other information you provided is incorrect. Currently, International Users are charged $20 per returned ACH and U.S. Users are charged $25. MoneyXpress reserves the right to resubmit for collection any ACH debit authorized by you (Instant Transfer, eCheck or Add Funds) that is returned for insufficient or uncollected funds or another such reason.
   
   
3. Right of Recipient to Refuse Payment.
   When you send a payment to a third party through MoneyXpress, the recipient is not required to accept the payment, even if the recipient is already registered with MoneyXpress. The recipient is free to return payments or, in some cases, to use the MoneyXpress system to deny payments that you have sent. You acknowledge that MoneyXpress will not be liable for any and all damages or any type or form resulting from a recipient's decision not to accept a payment attempted to by made through MoneyXpress or failure to claim such a payment attempted to be made through MoneyXpress. Any payments through MoneyXpress that are denied or unclaimed by a recipient will be returned to the sender on the earlier of (a) the date of such denial or refusal by recipient or (b) within 30 days from the date the payment is sent.
   
   
4. Choice of Funding Sources.
   Choice of Funding Sources. MoneyXpress reserves the right to limit an account-holder's choice of funding sources for any individual payment based on analysis performed through proprietary risk modeling systems or other such systems as MoneyXpress may choose at its sole discretion to employ. When MoneyXpress decides to limit funding source choices, the account holder will be alerted to the higher-than-normal level of risk associated with the payment. If MoneyXpress determines that there is a higher-than-normal level of risk, this is not an indication that either party in the transaction is acting in a dishonest or fraudulent manner; it is merely an indication that the combination of variables in the transaction has alerted MoneyXpress that the potential for payment repudiation is unacceptable. The account-holder may choose to continue with the transaction using the available funding sources (if any), with the understanding that he or she may be accepting an additional level of transactional risk. Thus, the account holder may have fewer avenues available for dispute resolution should the transaction turn out to be unsatisfactory. For more information about protecting yourself from the risks associated with online transactions, please visit MoneyXpress's Security Center.
   
   
5. Refund.
   In the first thirty (30) days after a payment has been sent, the recipient has the option of refunding the payment by sending an e-mail for refund request to cs@moneyxpress.net or notifying us in writing. If the transaction is refunded, transaction fees may be deducted and the payment will be reversed. Only those transactions will be refunded that have not been paid to the recipient.
   
   
6. Complaints.
   You may file a complaint against a transaction online by clicking the "Complaint" button next to the transaction in question. Complaints may take up to 5 business days to investigate. Complaints will not be accepted after 90 days.
   
   
7. Corrections.
   You may file a correction against a transaction by sending an e-mail or written request for a correction to cs@moneyxpress.net. Please include the transaction number, your contact information, the amount of the transaction and the changes required. All sender and receiver information that is provided for a transaction is the sender's sole responsibility. If the error is a customer error, there may be a charge to correct the deficiency.

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IV. Receiving Payments

1. Receipt of Payments; Risk of Reversal of Transactions; Collection of Funds you owe MoneyXpress.
   When you receive a payment through the Service, you are not protected against a subsequent reversal of the transaction. In the event that the sender's transaction is reversed for any reason, you will owe MoneyXpress its normal charges for the amount of the reversed transaction plus any fees imposed on MoneyXpress as a result of the reversal. Examples of such a reversal include, but are not limited to, a credit card reversal by the sender of the payment, and a reversal of the transaction because the sender of the payment was using a stolen credit card and/or unauthorized bank account. MoneyXpress will seek to recover the funds from you by debiting your MoneyXpress balance and if there are not sufficient funds in your MoneyXpress balance, MoneyXpress reserves the right to collect your debt to MoneyXpress by any and all other legal means. You authorize MoneyXpress to debit your bank account linked to that MoneyXpress account for the amount that you owe MoneyXpress on transactions which were not recoverable from your MoneyXpress balance.
   MoneyXpress reserves the right to ask a recipient of a payment for further authentication or other information in order for him or her to accept such payment. Users who receive more than $10,000 in payments during a single month may be required to provide MoneyXpress with additional information in order to accept subsequent payments within the same month.
   
   
2. Withdrawals.

   1. U.S. Users. In order to withdraw funds that MoneyXpress is holding in custody for you, you must confirm the email address that you registered by responding to a message that MoneyXpress will send to that address when you have completed registration, and you must register a bank account with MoneyXpress. New MoneyXpress Users (who have been in the MoneyXpress system for 120 days or less) are required to complete two authentication steps (confirm bank account, confirm Social Security Number) in order to withdraw funds. Some accounts, at MoneyXpress's discretion, may have this limit for a period longer than 120 days. Some accounts, at MoneyXpress's discretion, may have lower limits until the authentication steps have been completed. Account limits, if any, can be viewed from the "View Limits" link on the Account Overview page.
      You may withdraw funds by direct deposit into your bank account or by physical check. If a check is not cashed after 180 days from the date it was issued, the funds (minus the fee) will be returned to your MoneyXpress account. Check withdrawals will not be sent to P.O. Box addresses. In addition, check withdrawals will only be sent to a Confirmed Address, unless you are Verified (as described in Section III.1 above), in which case you may choose any street address. If you would like a check withdrawal to an address that does not match these rules, you must contact Customer Service and produce appropriate documentation as determined by MoneyXpress before a check will be sent to the requested address.

V. Rights, Obligations and Disclaimers of MoneyXpress

1. Privacy.
   We take the privacy of your personal information very seriously at MoneyXpress. We have developed a separate Privacy Policy, and ask you to review that Policy for more information on this topic.
   
   
2. Processing.
   MoneyXpress shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and check issuances are processed in a timely manner. However, a number of factors, including those factors which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing of any transfer, payment or refund. Such delays include, but are not limited to, those in the banking system or the U.S. or international mail service. In addition, MoneyXpress shall not be liable for any actual, incidental or consequential damages arising from any claim of delay.
   
   
3. Closing Accounts and Limiting Account Access.
   MoneyXpress, at its sole discretion, reserves the right to close an account at any time for any reason, including but not limited to, a violation or alleged violation of this Agreement, upon notice to the User (and payment to the User of any unrestricted funds held in custody). Also, MoneyXpress, at its sole discretion, also reserves the right to periodically retrieve and review a business and / or consumer credit report for any account or User and reserves the right to close an account based on information obtained during this credit review process.
   MoneyXpress, at its sole discretion, also reserves the right to limit access to sending money, making withdrawals from an account or any other uses of MoneyXpress or MoneyXpress's services. This includes, but is not limited to, any one of the events listed below in this section. If the dispute covers only a specific transaction, we may only limit access to funds related to that particular transaction. If your account access has been limited, you will be notified by e-mail and requested to provide information relevant to your account. MoneyXpress will investigate the matter promptly. If the investigation so provides, we may restore access to your account. If MoneyXpress does not restore access to your account, then MoneyXpress may return funds to the sender and/or restore access to the remainder of your account, continue to limit your account access for up to 180 days as to funds necessary to protect MoneyXpress against the risk of reversals, or may close your account by giving you notice and mailing a check for any funds in your account (minus funds that are in dispute or potentially subject to reversal) to the address that you have provided. If you are later determined to be entitled to the funds in dispute, MoneyXpress will make an additional payment of those funds to you as soon as such determination has been made. Any of the following events may lead to your account being limited, this list is not all inclusive and may include other events as determined by MoneyXpress:
   • Reports of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank;
   • Reports of unauthorized or unusual bank account use associated with the account;
   • Complaints received regarding non-shipment of merchandise, non-delivery of services, merchandise not as described, or problems with merchandise shipped;
   • Initiation by a buyer of a reversal process through the buyer's issuing bank without first pursuing the Buyer Complaint process described below;
   • Receipt of potentially fraudulent funds;
   • Excessive disputes or reversals, or attempts to "double dip" by receiving funds in a dispute both from MoneyXpress and through a reversal or a refund from the seller;
   • Refusal to cooperate in an investigation or provide confirmation of identity when requested;
   • Initiation of transactions considered to be cash advances or assisting in cash advances;
   • Sending unsolicited email or posting referral links on websites where they are not permitted;
   • Opening multiple Personal accounts;
   • The account has been used in or to facilitate fraudulent activity;
   • Violations of this User Agreement;
   • Name on the bank account associated with the MoneyXpress account does not match the name on the MoneyXpress account;
   • Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number, or incorrect bank account number;
   • Use of an anonymizing proxy;
   • Participating in prohibited transactions and activities, including but not limited to multi-level marketing programs, gifting clubs and other pyramid schemes, and listing items for sale that have a delayed delivery date of 20 days or more after the transaction list, and other activities that are prohibited in Part II of this Agreement;
   • Reports from credit agencies of a high level of risk;
   • Receipt by MoneyXpress of excessive complaints regarding your account, business or service;
   • Logging in from a country not included on MoneyXpress's permitted countries list.
   MoneyXpress will use reasonable efforts to investigate accounts that are subject to account access limitations and to reach a final decision on the limitations in as prompt a manner as possible.
   
   
4. Termination.
   MoneyXpress, in its sole discretion, reserves the right to terminate this Agreement, access to its website or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted, undisputed or other such reserved funds held by MoneyXpress in custody for you.
   
   
5. Trademarks.
   MoneyXpress.net, MONEYXPRESS, MoneyXpress Corporation, MoneyXpress Corporation of Illinois and all related logos, products and services described in this website are either trademarks or registered trademarks of MoneyXpress Corporation, or its licensors, and (aside from the circumstances described in "Use of Logos" below) may not be copied, imitated or used, in whole or in part, without the prior written permission of MoneyXpress. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of MoneyXpress and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MoneyXpress.
   Notwithstanding the above, HTML logos provided by MoneyXpress through its Affiliate Program, Web Accept feature, or Auctions Tools features ("Logos"), may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to MoneyXpress or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by MoneyXpress. MoneyXpress is a payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
   
   
6. Bonuses From time to time,
   MoneyXpress may award bonuses, including account bonuses, referral bonuses and other bonuses that MoneyXpress may award in the future as State and Federal law may allow. Receipt of those bonuses is based on the completion of the governing bonus Terms and Conditions, including the Refer-A-Friend Bonus Terms and Conditions and the Account Bonus Terms and Conditions. All bonuses awarded through these and other bonus programs, if any, on or after March 16, 2002, must be claimed by the recipient, either by using it for a purchase or payment, or withdrawn from his or her MoneyXpress account within one year. All bonuses which are not claimed within one year of receipt will expire and become property of MoneyXpress.
   
   
7. Miscellaneous Disclaimers.
   1. MoneyXpress reserves the right to hold funds beyond the normal distribution periods for transactions as it deems necessary. This includes, but is not limited to, suspicious transactions or for accounts conducting high transaction volumes and is to ensure integrity of any and all funds transferred through MoneyXpress.
   2. MoneyXpress shall not be responsible for payments made to unintended Recipients or for payments made in incorrect amounts due to the input of incorrect or incomplete information by Senders.
   3. Verification of Users is only an indication of increased likelihood that a User's identity is correct. MoneyXpress shall not be responsible for any fraud, deception or misrepresentations by Users, whether or not the User is Verified. However, MoneyXpress's Buyer Complaint Program, described below, will seek to assist Users who may be the victims of fraud if they report the problem promptly.
   4. MoneyXpress shall not be obligated to pay a User for any Payments for which MoneyXpress has not been fully paid by the Sender's credit card issuer or bank, as applicable.
   5. MoneyXpress will not have any liability in connection with any of the following: unauthorized interception or use of data relating to you or the MoneyXpress service; any inability by you to use or access the service or the MoneyXpress website for any reason; any actions or transactions by an individual that uses your user name and password with or without your consent or knowledge; or any cause over which MoneyXpress, Inc. does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers.
   6. f. In no event shall MoneyXpress be liable (A) for damages caused other than by intentional misconduct on the part of any MoneyXpress employee or agent or (B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the Service or the MoneyXpress website, even if MoneyXpress, Inc. has been advised of the possibility of such damages. In no event shall MoneyXpress, Inc. be liable for any act or omission of any third party (such as but not limited to, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, act of God or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
   7. MoneyXpress reserves the right to require Users who receive payments through MoneyXpress and operate with high reversal rates or otherwise present a relatively high risk of losses to choose between closure of their MoneyXpress account or entering into an additional agreement addressing such risks, which may include higher fees.
   8. All transactions may be subject to state specific regulations.
   9. MoneyXpress cannot provide online services to the State of Maryland residents.
      
      
8. Security Features.
   MoneyXpress strongly suggests that you use a web browser with 128-bit encryption. For more information on security, please visit the Security Center. However, regardless of whether you use a web browser with security features, MoneyXpress is unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties and any individual or entity that uses MoneyXpress's web site or internet site does so at their own risk.

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VI. Electronic Fund Transfer Rights and Error Resolution
It is very important that you contact us at once if you believe your user ID or password has been compromised, or if someone has transferred or may transfer money from your account without your permission. Notifying MoneyXpress quickly may limit your liability.

a. You can inspect your transaction history at any time by logging in to your account on the MoneyXpress website. If your transaction history shows electronic funds transfers that you did not make or authorize, notify us at once. Once we have received notification from you that there may have been unauthorized transactions, we will suspend your account and initiate an investigation.

b. In case of unauthorized transactions, payment problems, errors or questions about your account, you should notify MoneyXpress immediately. Contact us, write MoneyXpress Customer Service at 3443 W. Peterson Ave., Chicago, IL 60659 or telephone Customer Service at (773) 267-1705 as soon as you can if you think your statement is wrong or if you need more information about a transfer shown on the statement. You must: 1) Tell us your name and primary email address; 2) 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; and, 3) Tell us the dollar amount of the suspected error. If you tell us by telephone, we may require that you send your complaint in writing within ten (10) business days. We will inform you of our decision within ten (10) business days after we receive proper notice from you of an alleged error or transaction problem, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) business days to investigate the complaint or question. If we decide to do so, we may provisionally credit your transaction account within ten (10) business days for the amount you think is in error, this may be done solely at MoneyXpress's discretion. If we ask you to put your complaint or question in writing and we do not receive the signed writing from you within ten (10) business days, we may not provisionally credit your transaction account. If we determine there was no error, we will mail you a written explanation within three (3) business days after we finish the investigation. You may ask for copies of documents that we used in our investigation. We may revoke any provisional credit provided to you if we find that an error did not occur.

c. While the MoneyXpress service is available 7 days a week, for purposes of this disclosure, our business days are Monday through Friday except legal holidays.

d. Periodic statements. You may review your transaction history anytime by logging into your account. Each time you complete a payment, MoneyXpress will send you an e-mail receipt with a reminder to check your account history. If you have not performed any transactions in 90 days, we may provide a reminder to check your account history.

e. Preauthorized payments. If you have told us in advance to make regular payments out of your account, you can stop any of these payments upon proper notice. To do so, you must log into your account and cancel any subscription payment before the scheduled payment date.

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