This Agreement governs the use of the Remittance Service (referred to herein as the “Service”). The Service allows you to remit funds to your pre-designated beneficiary at one of our remittance network members (the “Remittance Network Member” or “Beneficiary Bank”). In this Agreement, “you” and “your” refers to the person entering into this Agreement and “BTS”, “we” and “our” refers to BBVA Transfer Services, Inc. “Beneficiary” means the pre-designated beneficiary you have specified in a Beneficiary Designation Form. “Business Day” means Monday through Friday, except for federal holidays in the United States. “Remittance” means the international electronic money transmission made through the Service. Your use of the Service constitutes your acceptance of this Agreement.
YOUR ATTENTION IS DRAWN TO THE ARBITRATION AND WAIVER OF JURY TRIAL PROVISIONS IN SECTION 18. IF A DISPUTE ARISES BETWEEN US, YOU OR WE MAY REQUIRE THAT IT BE RESOLVED THROUGH ARBITRATION, RATHER THAN THROUGH JURY TRIAL.
1. The Service
The Service allows you to send funds to your Beneficiary (a) for credit to the Beneficiary’s account, or (b) for cash pick-up by the Beneficiary (payable upon presenting proper identification) at the designated Remittance Network Member. The available delivery methods depend on the Remittance Network Members.
The Service is limited for use only for consumer Remittance and is not for commercial or business payments. The Service is not available to minors (persons who have not reached the age of majority). By using the Service, you represent that the Remittance is not being sent for commercial or business purposes or on behalf of third parties. You agree to provide documentation supporting the source of funds remitted using the Service, if such documentation is requested by BTS.
2. Establishing the Service
After enrolling in the Service and registering your payment account(s), you must complete a Beneficiary Designation Form for each Beneficiary to whom you wish to remit funds. Your Beneficiary must also enroll in the Service to receive a Remittance.
All transactions are subject to applicable federal, state and local laws and regulations of the United States and the destination country, as well as BTS policies and the transaction limits specified in this Agreement.
By directing us to make a Remittance, you authorize us:
- To act on your payment instructions; and
- To act as your representative or agent when following your instructions or researching any Remittance that occurs as a result of your instructions.
You represent and warrant that you are a named owner of each payment account you use to send a Remittance, you have all necessary legal right, power and authority to debit funds from each payment account, and each payment account is located in the United States.
3. Sending Remittances
When completing a Beneficiary Designation Form, you must provide certain information which may include: the name, address, email address, and mobile number of your Beneficiary, and the Remittance Network Member to which your funds should be sent, plus any additional information that may be specified on the Beneficiary Designation Form. The full physical address of your Beneficiary must be provided and it must be located in the country to which your Remittance is to be sent. Post Office Box addresses are not allowed. If you provide an incorrect account number or recipient institution identifier, or otherwise incorrectly identify the account to which funds should be deposited, and the incorrect information results in the funds being deposited into the wrong account, you could lose the transfer amount.
Deposit to Account:
If the funds are to be credited to an account, you must provide the Beneficiary’s qualifying account number. The Beneficiary’s name you provide must be exactly as it appears on the account records at the Remittance Network Member
You must provide the Beneficiary’s name exactly as it appears on the government issued identification document(s) they will present when collecting funds sent for cash pick-up.
You understand that when you indicate a Remittance Network member to which your Remittance is to be sent, that BTS will transfer funds to the named Remittance Network member for payment to the named Beneficiary or credit to the account number which you have designated, as applicable. We will act on your request on the day the request is received, unless we inform you otherwise or if we require additional information from you or your Beneficiary to enable completion of the transfer.
4. Insufficient Funds in a Payment Account
You agree that you will only submit a Remittance request when there are sufficient funds in the payment account to cover the Remittance amount plus any other items or charges to be paid from the payment account (the “Total Remittance Amount”). You are responsible for any non-sufficient funds or overdraft charges authorized in the account agreement for the payment account.
If there are insufficient funds in the payment account to cover the Total Remittance Amount, BTS may, in its sole discretion, either (i) advance the Total Remittance Amount on your behalf and send the Remittance, or (ii) decline to send the Remittance. BTS has no obligation to inform you if the Service declines to send a Remittance because there are insufficient funds in the payment account. In this situation, you are responsible for rescheduling the Remittance through the Service or making alternate arrangements. You agree that, if BTS advances the Total Remittance Amount and sends a Remittance despite insufficient funds in the payment account:
- You will reimburse BTS immediately upon demand for the funds advanced on your behalf, and authorize BTS to debit the payment account for the Total Remittance Amount;
- For any amount not reimbursed within fifteen (15) days after initial demand, BTS may require you to pay a late charge equal to 1.5% of the amount advanced;
- You will reimburse BTS for any fees incurred in attempting to collect the amount of the advanced funds and any late charge from you; and,
- BTS may report to any credit reporting agency the facts concerning any failure to reimburse the funds advanced.
5. Changes to your Personal or Beneficiary Information
If you want to update or change your personal or Beneficiary information, you can do so through the BTS online or mobile applications (where available) or by calling BTS Customer Service at 1-844-683-5319.
6. Security Procedure
When enrolling in the Service, you will be required to select or create one or more alphanumeric passwords, usernames, questions with a matching answer, and/or use other types of security techniques, such as fingerprint authentication (“Security Codes”). You must provide the correct Security Codes as the Security Procedure to access and use the Service.
You agree to use the appropriate Security Procedure when initiating Remittance requests. The purpose of the Security Procedure is to verify the authenticity of Remittance requests delivered to us in your name and not to detect errors in the transmission or content of the request. You represent and warrant each time you initiate a Remittance request that the Security Procedure is a satisfactory method of verifying the authenticity of Remittance requests. If you allow any person to obtain or to use your Security Codes, you will have authorized that person to access your accounts, and you agree that you are responsible for any transactions that person initiates or authorizes from your accounts and will be bound by any agreements that person accepts or acknowledges electronically through the Service. You agree we may act on any Remittance requests the authenticity of which we have verified through use of the Security Procedure. If your Security Codes have been lost or stolen, please notify us at once by calling 1-844-683-5319.
7. Limitation of Liability
Neither BTS, nor any of its offices, branches, correspondents, other instrumentalities, present and former agents, directors, officers, shareholders, employees, attorneys, insurers, parent companies, subsidiaries, affiliates, predecessors, successors, assigns, and trustees, shall be liable for any loss or damage resulting from errors or delays in the transmission or delivery of messages, documents or instructions, or failure of transmission or delivery thereof, or resulting from failure to locate or error identifying the named payee or resulting from declared or undeclared war, censorship, blockade, revolution, insurrection, civil commotion, or from any law, decree, moratorium, regulation, compulsion or control of public authority or of domestic or foreign government, de jure or de facto or any agency thereof, whether in connection with a Remittance or with any transfer undertaken by us for the purpose of making available such foreign exchange as may be called for to meet a Remittance request, all such risk being assumed by you, unless any such damage is determined to be solely our fault or solely the fault of our agent. In the event of any non-delivery, non-payment or underpayment, your maximum remedy against BTS is a refund of the amount of the principal, plus any service fee you paid. In no event shall BTS have any liability whatsoever for any indirect, incidental, consequential, punitive or special damages for any reasons whatsoever, even if advised of the possibility of such damages. We will not be responsible for the acts or omissions of any other persons or entity, including but not limited to any processor, any county’s central bank, or any other financial institution and no such person or entity will be deemed our agent. We will not be liable for and will be excused from any failure or delay in performing our obligations for the Service if such failure or delay is caused by circumstances beyond our control, including any natural disaster (such as earthquakes or floods), emergency conditions (such as war, riot, fire, theft or labor dispute), civil unrest, legal constraint or governmental action or inaction, breakdown or failure of equipment, breakdown of any communication or transmission facility, or your act, omission, negligence or fault.
8. Terms and Fees of Receiving Remittance Network Member
For Remittance using the Cash Pick-Up delivery method, your Beneficiary must present the Confirmation Number provided in conjunction with the Remittance transaction as well as identification deemed acceptable by the Remittance Network Member at a branch or payment location of the Remittance Network Member in the destination country, during their normal business hours, to retrieve the funds. For Remittance credited to an account, your Beneficiary must open and maintain a qualifying deposit account with the Remittance Network Member. This account is subject to the terms and fees, as amended from time to time, applicable to the account as determined by the Remittance Network Member. BTS is not responsible for payment of any fees, charges or taxes imposed by a Remittance Network Member or by the government or any taxing authority of the destination Country.
Some countries have restrictions that prohibit or limit minors from performing certain financial transactions. Before naming a minor as beneficiary of a remittance payment, it is your responsibility to ensure the individual has legal capacity to receive funds remitted to the designated Remittance Network Member.
BTS will charge you a transfer fee for the use of the Service. Please see your Money Transfer Receipt for the amount of the transfer fee and/or taxes charged for a particular transaction. The transfer fee is subject to change without prior notice. You may view the applicable fee when using the Service or call Customer Service at 1-844-683-5319 for the current amount of the transfer fee. As more fully described below, BTS may also obtain a monetary gain from the foreign exchange conversion of some transactions represented by the difference in the retail exchange rate and the wholesale exchange rate at which BTS purchases the foreign currency. You may incur additional fees from the financial institution holding your account used to fund a Remittance. You should check with your financial institution to determine what limitations and fees it may apply to withdrawals from your account to fund a Remittance.
10. Transaction Limits
There are limits on the amount of money you can send through the Service. Such limits may include, but are not limited to, minimum and maximum per transfer limits, aggregate daily limits, and aggregate 30-day limits. We may adjust the limits from time-to-time in our sole discretion. The applicable limits may be displayed to you when using the Service.
(Some Remittance Network Members may have additional limits on the amount any one beneficiary can receive from any source or combination of sources during a specified time frame. We are not responsible where your remittance is rejected by the Remittance Network Member because it would exceed one or more of the limits imposed by the Remittance Network Member on amounts that can be received by the beneficiary. You may call Customer Service at 1-844-683-5319 for current Beneficiary limits by Remittance Network Members. These limits are subject to change from time to time at the discretion of the Remittance Network Members and without prior notice.
11. Rejection of Remittance Requests We may reject any Remittance request that exceeds the applicable limit, or for any other reason at our sole discretion. Any notice of rejection (whether given orally, electronically or in writing) is effective when given. We are not liable to you for the rejection or obligated to pay you interest for the period before you receive the notice of rejection.
12. Funds Conversion to Remittance Currency
For non-U.S. Dollar Remittance, the amount to be sent to your Beneficiary will be converted from U.S. Dollars to the Remittance currency at a rate determined by BTS to arrive at the Remittance currency amount. We will transfer to the Remittance Network Member the Remittance currency amount, and are not responsible for payment of any fees, charges or taxes imposed by the Remittance Network Member. The foreign exchange rate used to convert customer funds to a Remittance currency other than U.S. Dollars is a retail exchange rate. We obtain the foreign currency for these transactions at a wholesale exchange rate that fluctuates frequently, but may approximate the wholesale exchange rate listed for such currency in newspaper and on-line information services. Any conversion difference between the retail exchange rate and the applicable wholesale exchange rate will be retained by BTS as revenue along with any services fees. For the current foreign exchange rate, contact Customer Service at 1-844-683-5319.
Whether in connection with the actual Remittance or in connection with any transfer undertaken by us for the purpose of making available such foreign exchange as may be called for to meet a Remittance request, all such risks are assumed by you, unless any such loss or damage is determined to be our fault, and then only to the extent of the amount of U.S. funds transmitted as of the date of transmission, plus any service fees paid by you as a part of this transaction.
Unless the funds have already been picked up or deposited, you have the right to cancel a Remittance transfer within thirty (30) minutes of payment and obtain a refund of all funds paid to us, including any fees. You may have a longer period of time to cancel; in such cases, we may make a reasonable effort to act on your request, but we are not liable to you if for any reason the Remittance is not cancelled. If you sent the Remittance from the BTS online or mobile application, you may use that application to request cancellation. You may also contact us at 1-844-683-5319 to request cancellation. When you contact us, you must provide us with information to help us identify the Remittance you wish to cancel, including the amount and location where the funds were sent. If a Remittance is cancelled, we will refund any amounts owed to you within three (3) business days after we received your request to cancel.
14. Information Gathering and Disclosure
15. Governing Laws
This Agreement will be governed by the laws of the state of Texas, without reference to its principles of conflicts of laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with BTS or relating in any way to your use of the Service resides in the state and federal courts of Harris County, Texas, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Harris County.
16. Customer Service Inquiries, Error Resolution
For inquiries or error resolution, please call Customer Service at 1-844-683-5319.
If you think there has been an error or problem with your remittance transfer:
- Write us at: Customer Service Department, BBVA Transfer Services, Inc., 16825 Northchase Drive, Suite 1525, Houston, Texas 77060-2544; or
- Email us at: email@example.com; or
- Call us at: 1-844-683-5319
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 tell us:
- Your name and address;
- The error or problem with the transfer, and why you believe it is an error or problem;
- The name of the recipient, and if you know it, the recipient’s telephone number or address;
- The dollar amount of the transfer; and
- The confirmation code or number of the transaction.
We will determine whether an error occurred within ninety (90) days after you contact us and we will correct any error promptly. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.
You may terminate your use of the Service anytime by calling us at 1-844-683-5319. We may terminate the Service and/or your access to the Service anytime and for any reason, without notice. Any Remittance we have already processed before the termination date will be completed. You are responsible for any Remittance initiated by you prior to termination. Termination will not affect your liability or obligations under this Agreement for Remittance we have processed on your behalf.
18. Dispute Resolution
A. Subsection A applies if you reside in a state other than California
By entering into this Agreement and utilizing the Service, you agree that if a dispute, claim or controversy of any kind arises out of or relates to this Agreement, either you or we can choose to have dispute resolved by binding arbitration. This arbitration provision limits your ability to litigate claims in court and your right to a jury trial. You should review this section carefully. You will not have the right to participate as a class representative or member of any class of claimants for any claim subject to arbitration. Arbitration is a more informal proceeding in which disputes are decided by one or more neutral arbitrators who receive the evidence and then issue a binding ruling in the form of an award. You and we understand that discovery and other procedures in arbitration may be more limited than discovery in court proceedings and that the ability to modify, vacate, or appeal an award by an arbitrator(s) is strictly limited.
You and we agree, upon written demand made by you or us, to submit to binding arbitration all disputes, controversies, and claims, whether based on contract, fraud, tort, intentional tort, statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to (a) this Agreement any transaction involving this Agreement, or any advertisements, promotions, or oral or written statements related to this Agreement, (b) the relationships that result from this Agreement (including, to the fullest extent permitted by applicable law, relationships with third parties who are not parties to this Agreement or this arbitration provision), or (c) the validity, interpretation, scope or enforceability of this Agreement or the interpretation or scope of the Arbitration Clause (collectively, a “Claim”). All parties retain the right to seek relief in a small claims court for disputes or claims within the jurisdictional limits of the small claims court. At the option of the first to commence arbitration, you or we may choose to have the arbitration conducted by JAMS ADR (“JAMS”) or the American Arbitration Association (“AAA”), or you and we may agree upon a different arbitrator. In any event, any arbitration under this Agreement shall be conducted in writing in accordance with the applicable arbitration rules of the arbitrator or arbitration organization (“Rules”). If an arbitrator other than the AAA is chosen, the Rules of the AAA will be applied to any circumstance that is not addressed by the Rules of the chosen arbitrator. In the event of any inconsistency between this Agreement and the Rules to be used for arbitration, such inconsistency shall be resolved in favor of this Agreement. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement.
Either you or we may initiate arbitration by giving written notice of the intention to arbitrate to the other party and by filing notice with JAMS or the AAA in accordance with the Rules in effect at the time the notice is filed. The notice shall set forth the subject of the dispute and the relief requested, at a minimum. The demand for arbitration may be made before or after commencement of any litigation. You should contact the AAA at 800-778-7879 or www.adr.orgor www.adr.org, or JAMS at 800-352-5267, www.jamsadr.com for more information about arbitration. If for any reason the AAA or JAMS is unable or unwilling to serve as arbitration administrator, or you and we are unable to agree on another arbitrator, we will substitute another national or regional arbitration organization.
Demand for arbitration under this Agreement must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations; otherwise, the Claim also is barred in arbitration. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or similar other doctrine bars the arbitration of any Claim shall be decided by arbitration in accordance with the provisions of this Agreement.
You cannot join together in a dispute with anyone other than persons who use your account. Even if other people have disputes similar to a dispute that you and we have, those people and their disputes cannot be part of any arbitration between you and us. A Claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the arbitration proceedings between you and us, and a Claim may not be arbitrated on a class action, private attorney general, or other representative basis. Notwithstanding anything to the contrary in this Agreement, any dispute regarding the prohibitions in this paragraph or about the enforceability of the arbitration clause shall be resolved by a court and not by the arbitrator(s).
Where the aggregate of all Claims by both you and us does not exceed $250,000, any expedited procedures provided in the Rules (“Expedited Procedures”) shall apply and a single arbitrator shall decide the Claims. Where the aggregate of all Claims by both you and us exceeds $250,000, a panel of three arbitrators shall decide all Claims. Each arbitrator, whether or not acting under Expedited Procedures, shall be an active member in good standing of the bar for any state in the continental United States and shall be either: (a) actively engaged in the practice of law for at least 5 years or (b) a retired judge.
You and we agree that the arbitrator(s): (a) shall limit discovery to non-privileged matters directly relevant to the arbitrated dispute; (b) shall grant only relief that is based upon and consistent with substantial evidence and applicable substantive law; (c) shall have authority to grant relief only with respect to Claims asserted by or against you individually; (d) shall not have any authority to require, as part of any relief granted, that you and we continue any relationship we may have under this Agreement or otherwise; and (e) shall provide a brief written explanation of the basis for the award upon the request of either party and shall make specific findings of fact and conclusions of law to support any arbitration award that exceeds $25,000.
Upon written request by you, for claims up to $50,000, we will pay to the AAA or JAMS the portion of the arbitration filing fee that exceeds the cost of filing a lawsuit in the federal court where you live. Upon written request by you, we may elect, at our sole discretion, to pay or advance some or all of any remaining arbitration fees and other costs. The arbitrator will decide whether we or you ultimately will be responsible for paying any filing, administrative or other fees in connection with the arbitration. If you are the prevailing party in the arbitration, the arbitrator(s) also may order us to pay some or all of your attorney, expert, and/or witness fees. Any arbitration proceedings shall be conducted in the federal judicial district where we maintain your account. Judgment upon any award rendered in arbitration may be entered in any court having jurisdiction.
If you or we are seeking to bring a joined, consolidated, or class action and if the portion of this arbitration provision that prohibits the arbitration of joined, consolidated, or class actions is deemed invalid or unenforceable, then the entire arbitration provision shall be void and unenforceable and severed from the rest of this Agreement. If any portion of this arbitration provision other than the prohibition against the arbitration of joined, consolidated or class actions is deemed invalid or unenforceable, then that portion will be severed and the remaining portions of this arbitration provision will remain valid and enforceable including the prohibition against the arbitration of joined, consolidated or class actions. Nothing in this arbitration provision shall limit your or our right, whether before, during, or after the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set-off or repossession and sale of collateral, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief, such as filing an interpleader action. You and we agree that the taking of these actions or any other participation in litigation by you or us does not waive any right that either you or we have to demand arbitration at any time with respect to any subsequent or amended Claim filed against you or us after commencement of litigation between you and us. This arbitration provision shall survive termination of this Agreement.
WAIVER OF JURY TRIAL. This provision limits your rights to a jury trial. You should review this section carefully. If (i) neither you nor we seek to compel arbitration of any dispute we have related to this Agreement, your account, or any transactions involving your account, or (ii) some or all of the arbitration clause is unenforceable and we are in a dispute in a court of law, then each of us agrees to waive any right we may have to a jury trial to the extent allowable under the laws of the state that govern this Agreement.
Attorneys’ Fees. In any action between you and us in court, the prevailing party shall be entitled to recover its reasonable attorneys’ fees expended in the prosecution or defense of the court action from the other party.
B. Subsection B applies if you reside in California
JUDICIAL REFERENCE & WAIVER OF JURY TRIAL
By entering into this Agreement and utilizing the Service, you agree that if a dispute, claim or controversy of any kind arises out of or relates to this Agreement or any transactions involving this Agreement, it will be resolved by judicial reference pursuant to the provisions of the California Code of Civil Procedure, Sections 638-645.1 inclusive, unless the dispute, claim or controversy is part of a class action. This judicial reference provision limits your ability to litigate claims in court and your right to a jury trial. By agreeing to judicial reference, you and we waive, and shall not have, any right to a jury trial. You should review this section carefully. Judicial reference is a proceeding in which disputes are decided by a judicial referee who receives the evidence at a hearing and then issues a statement of decision upon which a judgment is based. You and we agree that the referee shall have the power to decide all issues of fact and law and report his/her statement of decision hereon, and to issue all legal and equitable relief appropriate under the circumstances before him/her.
Either you or we may initiate judicial reference by giving written notice of the intention to initiate judicial reference to the other party and by proceeding in accordance with California Code of Civil Procedure Sections 638.
You and we agree, upon written demand made by you or us, to submit to judicial reference all disputes, controversies, and claims, whether based on contract, fraud, tort, intentional tort, statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to this Agreement, any transaction involving the Agreement, or any advertisements, promotions, or oral or written statements related to this Agreement or the account, the relationships that result from this Agreement (including, to the fullest extent permitted by applicable law, relationships with third parties who are not parties to this Agreement or this judicial reference provision), or the validity, interpretation, and scope of this Agreement (collectively, a “Claim”). All parties retain the right to seek relief in a small claims court for disputes or claims within the jurisdictional limits of the small claims court.
You and we agree that a single referee who is a retired California state or federal court judge shall be appointed by the court pursuant to California Code of Civil Procedure 640 and shall preside over the reference proceeding and try all issues, whether of fact or law. If the parties are unable to agree upon a referee within ten (10) days of a written request to do so by any party, then any party may thereafter seek to have a referee appointed pursuant to the California Code of Civil Procedure, Sections 638 and 640, including submitting to the court up to three nominees who are retired state or federal court judges.
You and we shall be entitled to discovery, and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge.
Demand for judicial reference under this Agreement must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations; otherwise, the claim also is barred in judicial reference. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or other doctrine bars the judicial reference of any Claim shall be decided by the judicial referee in accordance with the provisions of this Agreement.
A claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the judicial reference proceedings between you and us. Any such claim will be resolved in a court of proper jurisdiction.
Nothing in this judicial reference provision shall limit the right of you or us, whether before, during, or after the pendency of any judicial reference proceeding, to exercise any self-help remedies, such as set off or repossession and sale of collateral, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief, such as filing an interpleader action. You and we agree that the taking of these actions or any other participation in litigation by you or us does not waive any right that either you or we have to demand judicial reference at any time with respect to any subsequent or amended Claim filed against you or us after commencement of litigation between you and us.
You and we agree that the referee shall not have any authority to require, as part of any relief granted, that you and we continue any relationship we may have under this Agreement or otherwise; and shall provide a statement of decision stating the disposition of each claim and a concise written explanation of the basis for the award. The referee’s statement of decision shall contain written findings of fact and conclusions of law, and the court shall enter judgment thereon pursuant to California Code of Civil Procedure Sections 644(a) and 645. The decision of the referee shall then be appealable as if made by the court.
Unless inconsistent with applicable law, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the judicial reference. Except for any filing fee if you initiate judicial reference proceedings, we will pay all of the remaining judicial reference fees and other costs, including the referee’s fees where required by law. The referee will decide whether we or you ultimately will be responsible for paying any fees or other costs in connection with the judicial reference. Any judicial reference proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. Judgment upon any statement of decision rendered in judicial reference may be entered by the court that appointed the judicial referee or any other court with jurisdiction.
If any portion of this judicial reference provision is deemed invalid or unenforceable, the remaining portions of this judicial reference provision will remain valid and enforceable. This judicial reference provision shall survive termination of this Agreement and the closing of your account.
Attorneys’ Fees.. In any action between you and us regardless of whether it is proceeding in court or in judicial reference, unless inconsistent with applicable law, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the matter.
We may change any of this Agreement at any time. For example, we may add, delete or amend terms or services. These terms include but are not limited to fees and charges for the Service. Changes may be made immediately and without prior notice to you except when notice is required by applicable law. When notice is required by law, we may provide notice to you as provided in the Electronic Records, Notice and Communications Agreement. If you continue to use your Service after the effective date of a change, you indicate your agreement with the change. Further, we may from time to time, revise or update the applications, services and/or related materials that may render all prior versions obsolete.
We will not be considered to have waived any of our rights or remedies described in this Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising any rights or remedies under this Agreement will impair or be construed as a waiver of these rights and remedies. Any single or partial exercise of a right of remedy will not preclude further exercise of that right or remedy or the exercise of any other right or remedy.
You may not assign this Agreement, or any of your rights or responsibilities under this Agreement, to any other party. We may assign this Agreement, or any or all of our rights and/or responsibilities under this Agreement, or delegate any or all of such rights and responsibilities to any third party or parties.
If any provision of this Agreement is determined to be void or invalid, the remainder of this Agreement will remain in full force and effect.
23. Contract Language
English is the controlling language of the relationship between you and BTS. BTS may translate its forms, disclosures and advertisements into another language for your convenience. However, if there is a discrepancy between our English language material and the materials in another language, the English language version is controlling.
24. Verification of Card via Authorizations
When adding a Credit or Debit Card as a Payment Method to your profile, BTS may process a temporary authorization hold for a nominal amount. The authorization hold is to confirm the Card is active. The authorization hold will be for an amount of $0.01 USD. During this process, the issuing bank may reserve the authorization amount. This amount is not a charge and may appear as pending on your statement for a short period that can vary based on the card issuer guidelines.