Viamericas+ is a loyalty program offered by Viamericas Corporation and its affiliates (“Viamericas”) to users of Viamericas products and services. Viamericas+ offers members certain rewards as Viamericas may determine from time to time. These terms and conditions (the “Terms and Conditions”) govern membership and participation in Viamericas+.

1. Membership

1. 1. Eligibility. Application for membership in Viamericas+ is open to individual persons who are 18 years or older. Participants must provide and maintain an accurate address and phone number. Viamericas may, in its sole discretion, accept or decline your application for membership in Viamericas+. Participation in Viamericas+ is void where prohibited by applicable law, rule or regulation.
   2. Enrollment. You may enroll in Viamericas+ at a participating Viamericas agent location. If your application for membership in Viamericas+ is accepted, you will be enrolled as a Viamericas+ member (a “Member”).
   3. Membership Obligations. By enrolling in Viamericas+, you agree to these Terms and Conditions. You agree that you will provide accurate information to us at all times and to promptly notify us of any change in your information.

2. Earning Viamericas+ Points

1. 1. Qualifying Transactions: A (“Qualifying Transaction”) is a person-to-person money transfer, bill payment, mobile phone top-up or other transactions designated by Viamericas at a Viamericas location involving a customer who presents their own valid Viamericas+ member number, and that is later successfully received by the designated recipient and not canceled for any reason by the customer or Viamericas. Any other Viamericas financial products – including but not limited to money orders – that are not specifically designated by Viamericas as eligible to earn Viamericas+ points are not eligible to earn Viamericas+ points. Transactions where the Member redeems Viamericas+ points are not Qualifying Transactions.
   2. Accumulation of Viamericas+ Points; Expiration: Qualifying Transactions conducted by a Member shall earn ViaPoints according to the Viamericas+ points accumulation table in effect at the time that such transaction is conducted. See Schedule 1 for the Viamericas+ points accumulation table. Viamericas reserves the right to modify Schedule 1 from time to time, and to specify in any such modification the date that the modification will take effect. Any such modification will be announced by posting the modified Schedule 1 here www.viamericasplus.com and Viamericas will have no obligation to communicate any such changes to individual Viamericas+ members. Viamericas further reserves the right to issue additional/bonus points on a promotional basis as might be announced from time to time, and to issue additional/bonus points to specific Members at its own discretion. Viamericas+ points expire three hundred sixty five (365) days after they are awarded. This expiration period may be modified in the future by notice from Viamericas in the same manner as notice of changes in benefits accumulation rules, and in the event the expiration period is modified, the revised expiration period will apply to all points earned after the effective date of that modification.

3. Redemption of Viamericas+ Points

Viamericas+ points may be redeemed for certain benefits such as an improved exchange rate or fee reduction (“Reward”). Only one Reward may be applied to a specific Viamericas transaction. See Schedule 2 to learn what Rewards are available for redemption of your Viamericas+ points. Viamericas reserves the right to modify Schedule 2 from time to time, and to specify in any such modification the date that the modification will take effect. From that specified date, the modification will apply to all redemptions of Viamericas+ points, regardless of when those points were earned. Any such modification will be announced by posting the modified Schedule 2 here www.viamericasplus.com and Viamericas will have no obligation to communicate any such changes to individual Viamericas+ members.

4. Cancelled Transactions

Where Viamericas+ points were applied by a customer to a transaction that is later cancelled, the Viamericas+ will be re-credited to that customer. Likewise, any Viamericas+ points that were awarded for a transaction that is later cancelled will be rescinded.

5. Consent to Receive Communications

By providing your mobile phone number you authorize Viamericas to send an automated text message to your mobile phone for enrollment in Viamericas’ text program, whereby you will receive program materials and consent to send future promotional messages from Viamericas. You can reply STOP to stop such messages, and HELP for help. Message and data rates may apply. You understand and agree that any charges imposed by the provider of such services are your sole responsibility.

By providing your email address you authorize Viamericas to send e-mails with news, promotions and other communications concerning Viamericas. You may unsubscribe at any time.

6. Mobile Application

In order to access and use certain features of the Viamericas+ program, you may want to register for a mobile application account (an “Account”). You can create an Account as follows:

Download the Viamericas+ application on a smartphone or other mobile device that is capable of downloading and running the App from the Apple App Store or Google Play Store (as applicable) and follow the prompts to create an Account. Viamericas does not charge to download its Apps, but standard data rates may apply.  By creating an Account, you agree to:

1. 1. • provide accurate, current and complete Account information,
      • maintain and promptly update, as necessary, your Account information,
      • maintain the security of your Account credentials, and,
      • immediately notify us if you discover or otherwise suspect any security breaches related to your Account.

7. Privacy

Your participation in Viamericas+ is subject to Viamericas’ Privacy Notice, found at:

https://s3.amazonaws.com/cdn.govianex.com/privacy-policy/www/viamericas_privacy-policy.pdf

We reserve the right to modify our privacy policy from time to time. While using Viamericas+ and from time to time, you may be asked whether or not you consent to and wish to receive marketing and other non-critical communications relating to Viamericas. If you agree and consent to receiving such communications, you may opt-out of receiving such communications at any time as provided in our privacy policy.

8. Contacting Viamericas

You may contact Viamericas online through https://corporate.viamericas.com/contact/, by telephone at 1- 800-401-7626, or by regular mail to Viamericas Corporation, Attn: Viamericas Viamericas+, 2100 Ponce de Leon Blvd, PH-2, Coral Gables, FL 33134.

9. Trademarks

Viamericas and Viamericas+ and any other current and future trademarks associated with Viamericas or Viamericas Viamericas+ are trademarks of Viamericas, or its affiliates, and may not be reproduced or utilized in any way without the express, prior written consent of Viamericas.

10. Assignment

You may not assign, transfer or allow anyone else to use your membership in Viamericas Viamericas+. Viamericas may assign its rights or delegate its duties under this Agreement in its sole discretion.

11. Subject to Change or Cancellation

The Viamericas+ program, these Terms and Conditions, qualifying transactions, points accumulation, and the Rewards, are subject to change at any time at the sole discretion of Viamericas. We may suspend or cancel your membership in Viamericas+ for any reason. Rewards have no cash value and will not earn interest and are not insured against loss. Benefits and Rewards cannot be purchased, sold, combined or transferred in any way.

12. Availability

Viamericas+ services are only available at participating agents. Any Viamericas agent may elect to not participate in the Viamericas+ program. Where an agent does not participate in the Viamericas+ program, transactions originated at that agency will still earn Viamericas+ points, but Viamericas+ points cannot be redeemed for transactions originated at that agency.

13. Disclaimers

EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT:

1. 1. • THE PROGRAM, SERVICES, PROMOTIONAL CONTESTS, AND MATERIALS ARE FREE OF ERRORS;
      • DEFECTS WILL BE CORRECTED; OR
      • THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, VIAMERICAS MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE VIAMERICAS+ SERVICES OR ANY CONTENT THEREON. VIAMERICAS WILL NOT BE LIABLE FOR ANY HARM TO YOUR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE VIAMERICAS+ SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. VIAMERICAS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

VIAMERICAS DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO:

1. 1. • ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES, PROMOTIONAL CONTESTS, AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
      • THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF,
      • YOUR USE OF ANY OF THE SERVICES, OR PARTICIPATION IN ANY PROMOTIONAL CONTESTS, OR
      • YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH VIAMERICAS+ OR PROMOTIONAL CONTESTS.

13. Governing Law

This Agreement and the relationship between the Parties shall be governed by, and interpreted in accordance with the laws of the State of Florida.

14. Dispute Resolution

Individual Arbitration; No Court Trial; No Jury; No Class Action.

Claims – Any legal or equitable dispute relating to the Viamericas+ Program, whether arising under federal or state law, relating in any way to this loyalty program and its app, that is capable of forming the basis of a legal Complaint in a court of law or equity, is a “Claim”.

Excepted and Covered Claims – Individual claims that can be brought and completely resolved in small claims court and/or claims related to the ownership of Viamericas intellectual property are “Excepted Claims”.  All Claims, other than Expected Claims, are “Covered Claims.”

AAA as Arbitrator – You and Viamericas agree to mandatory, binding arbitration of Covered Claims by the American Arbitration Association (“AAA”). More information about the AAA can be found at www.adr.org. Arbitration must be filed with the AAA at www.adr.org/support or by such means as AAA makes available. All issues are for AAA to decide, except that disputes relating to the scope, application, and enforceability of these Mandatory Dispute Resolution Terms are for a Court to decide (if you and Viamericas cannot agree).

Related Court Proceedings – You and Viamericas agree to be subject to the personal jurisdiction of the courts of Florida with respect to any Covered Claim. You and Viamericas submit to the jurisdiction of the federal and State courts in the Miami-Dade County to (i) enforce the terms of this Mandatory Dispute Resolution Agreement, (ii) to address disputes regarding the scope, application, and enforceability of these Mandatory Dispute Resolution Terms, (iii) for the appointment of a substitute arbitrator as needed, and (iv) to enter any award rendered by the arbitrator.

Rules to Apply – AAA will adjudicate the Covered Claims in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.

No Class Actions – You and Viamericas agree not to bring or participate in any class action regarding a Claim. You and we agree that AAA only has authorization to conduct arbitration of Covered Claims on an individual basis. You and we do not give AAA permission to arbitrate your Claim in conjunction with any Claim asserted by anyone else.

Substitute Arbitrator – In the event that AAA cannot or will not perform arbitration in accordance with the provisions of this Terms of Use, either (i) the parties may agree to another arbitrator or, if no such agreement is had, (ii) a court will appoint one according to the provision of the Federal Arbitration Act, 9 U.S. Code § 5.