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Terms and conditions for MoneyGram online digital asset services

Effective as of date: September 1, 2022

Important Notices

1. PLEASE READ THIS AGREEMENT (DEFINED BELOW) CAREFULLY. THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN THE SECTION BELOW ENTITLED “ARBITRATION AND WAIVER OF CLASS REMEDY AND JURY TRIAL.”

2. BY ACCESSING, USING OR ATTEMPTING TO USE THE SERVICES (DEFINED BELOW) IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. 3. AS EXPLAINED IN FURTHER DETAIL IN THE SECTION BELOW ENTITLED “ELECTRONIC COMMUNICATIONS,” AUTHORIZATION TO ELECTRONICALLY RECEIVE ANY AND ALL COMMUNICATIONS (DEFINED BELOW) IS A CONDITION OF ACCESS TO AND USE OF THE SERVICES, MEANING THAT IF YOU REVOKE YOUR CONSENT TO RECEIVE SUCH COMMUNICATIONS AND DISCLOSURES ELECTRONICALLY YOU UNDERSTAND THAT YOU MAY NOT CONTINUE TO ACCESS OR USE THE SERVICES. The MoneyGram online Digital Asset services are comprised of (i) MoneyGram Online Funds-In and Funds-Out (“Funds-In/Funds-Out”); and (ii) MoneyGram Online Crypto (“MGO Crypto”), each as described further below (collectively, the “Services”). The Services are provided by MoneyGram Payment Systems, Inc. ("we", "us", "our" or "MoneyGram") through our website (moneygram.com) and mobile site (collectively, the "Website") and our network of agents, authorized delegates and other permitted entities (each an "Agent"). MGO Crypto is also provided by Coinme Inc. (“Coinme”). These terms and conditions, along with any forms, receipts, acknowledgements, or other documentation completed or used in connection with your use of the Services, including any pre-transaction or post-transaction disclosures, constitute the entire agreement ("Agreement") between you, the individual purchaser of the Services ("you", "your" or "User") and MoneyGram. If you use MGO Crypto, you will also be required to accept the Coinme terms and conditions

governing that service, available here.

A. PRIVACY NOTICE

For information regarding how we use, share and safeguard your personal information, please see our Privacy Statement available here on our Website

or by calling 1-800-926-9400. By agreeing to this Agreement, you also agree to our Privacy Statement, which is incorporated herein by reference. By accessing and using the Services, you authorize MoneyGram to share your information, including, without limitation, your personal information (as described in the Privacy Notice), information related to your MGO Crypto Profile or Wallet Provider Account (each term as defined below), any linked payment methods, and related information with MoneyGram, Coinme, or another Wallet Provider as necessary for purposes of providing the Services set forth herein, facilitating any products or services you request from MoneyGram, Coinme, or another Wallet Provider, and as otherwise set forth in the Privacy Notice. MoneyGram may continue sharing this information, and any revisions or additions thereto, with Coinme or another Wallet Provider, on an ongoing basis until your MGO Crypto Profile or Wallet Provider Account (each as defined below) is either closed or terminated.

B. THE SERVICES

1. Description of the Services. The Services provide you with the ability to conduct Funds-In and Funds-Out transactions and MGO Crypto transactions, which are summarized as follows:

  • Funds-In: A settlement service for supported custodial or non-custodial digital asset wallet providers, including but not limited to Coinme (each, a “Wallet Provider,” and each such account, a “Wallet Provider Account”) whereby you may tender U.S. Dollars (“USD”) or another supported fiat currency (“Funded Amount”) at a participating MoneyGram Agent location or via the Website (collectively, “MoneyGram Locations”) together with instructions to MoneyGram (“Instructions”) via the Wallet Provider’s website or mobile application to purchase virtual currency, token, blockchain-based asset or similar digital asset (“Digital Assets”) from such Wallet Provider or via Wallet Providers platform for your Wallet Provider Account. Wallet Provider or Circle Internet Financial, LLC (“Circle”) will exchange the Funded Amount for an equivalent amount of the Digital Asset, and transmit such Digital Asset to your Wallet Provider Account.

  • Funds-Out: A settlement service for Wallet Provider Accounts where you may initiate a Funds-Out transaction with such Wallet Provider to sell your Digital Assets and receive USD or another supported fiat currency (“Received Amount”) at a MoneyGram Location. You will initiate a Funds-Out transaction by providing Instructions through the Wallet Provider’s website or mobile application, following which you, or the Wallet Provider on your behalf, will either (i) convert the Digital Asset to fiat currency, or (ii) send a corresponding amount of U.S. Dollar Coin, a fiat-backed stablecoin issued by Circle on the Stellar blockchain (“USDC”), to Circle. You may subsequently pick up the Received Amount in local fiat currency or another supported fiat currency at a MoneyGram Location.

  • MGO Crypto: A service where you may buy and sell supported Digital Assets, to be held in a wallet that can be accessed and viewed through your MoneyGram profile (“MGO Crypto Profile”), or transfer Digital Assets to another User. MoneyGram has partnered with Coinme for purposes of offering the MGO Crypto Profile. You will provide Instructions through the MGO Crypto Profile on (i) the purchase and sale of Digital Assets, or (ii) the transfer of Digital Assets to another User (collectively, “MGO Crypto Transactions”), and MoneyGram will pass those instructions to Coinme for execution. For the avoidance of doubt, all Digital Assets will be held in custody by Coinme, and Coinme will affect all purchases, sales, and transfers of Digital Assets in the MGO Crypto Profile.

2. Eligibility and Use of the Services.

The Services, and the products and services of Coinme and other Wallet Providers, are intended solely for Users who are eighteen (18) years of age or older. If you are under the age of eighteen (18), then you are not permitted to use the Services. By accessing and using the Services, you represent and warrant that you are eighteen (18) years of age or older. The Services are limited to use for personal, family, or household purposes. In order to use the Services, you will be required to provide, and MoneyGram and/or other Wallet Providers will obtain, verify, and record, information that identifies you. Additionally, in order to use Funds-In/Funds-Out, you must have and use a Wallet Provider Account with a Wallet Provider. In order to use MGO Crypto, you must have and use a MGO Crypto Profile (see Section 3 below for information regarding MGO Crypto Profile creation). You may not use the Services if you are a resident of any jurisdiction in which (i) MoneyGram is not authorized to provide the Services, (ii) the United States has embargoed goods or services, (iii) where your use of the Services would be illegal or otherwise violate any applicable law of such jurisdiction or of the United States (“Restricted Jurisdiction”). You hereby represent and warrant that you are not a resident of any Restricted Jurisdiction and that you will not register a MGO Crypto Profile or use the Services even if our methods to prevent you from registering an account or using the Services are not effective or can be bypassed. We may implement controls to restrict access to the Services from any Restricted Jurisdiction. We make no claims that the Services are appropriate for or may be legally accessed outside of the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the applicable laws of the country or jurisdiction where you may be located. You may not use or export any content of the Website in violation of U.S. export laws and regulations or any other U.S. or foreign federal, state or local statute, rule or regulation. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. We make no representations that the Services are appropriate for use in all locations, or that the transactions, products, financial instruments or services indicated or discussed on the Website are available or appropriate for sale or use in all jurisdictions, or countries or by all investors or counterparties. By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States, where you may not have the same rights and protections as you do under local law. YOU MAY ONLY USE THE SERVICES FOR A LAWFUL PURPOSE, AND MAY NOT USE THE SERVICES (I) FOR ESCROW, TRUST OR GAMBLING PURPOSES, (II) TO SEND FUNDS OR DIGITAL ASSETS ON BEHALF OF A THIRD PARTY, (III) TO PAY FOR INTERNET PURCHASES, (IV) TO SEND FUNDS OR DIGITAL ASSETS TO ANYONE YOU DO NOT KNOW, OR (V) FOR THE SALE OR PURCHASE OF TOBACCO OR TOBACCO RELATED PRODUCTS INCLUDING, BUT NOT LIMITED TO CIGARETTES, CIGARS, CHEWING TOBACCO, HERBAL CIGARETTES, HOOKAH OR SHISHA MOLASSES PRODUCTS THAT CONTAIN TOBACCO, NICOTINE INHALERS/SPRAYS OR ELECTRONIC OR SMOKELESS CIGARETTES.

MoneyGram may, without notice (except as required by law) and without liability to you, refuse to honor any Instruction, suspend or deactivate your MGO Crypto Profile, stop or reverse any transaction, or otherwise suspend or terminate access to, or refuse to provide, any Services at any time in its sole discretion, including without limitation:

  • if we believe, in our sole discretion, you directly or indirectly use, or attempt to use, the Services for any unlawful or improper purpose;

  • if you provide incomplete, incorrect or false information about yourself or another User;

  • if you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Website or the Services;

  • if you attempt to transfer or charge funds from a payment method that does not belong to you, does not have sufficient available funds (or credit, as applicable), or that has expired, or if your payment method is declined or your payment is blocked or reversed for any reason;

  • if we have reason to believe any Instruction may not be authorized by you;

  • if any Digital Asset purchase involves funds subject to a hold, dispute or legal process preventing withdrawal from the relevant bank account or credit card account;

  • if you have breached a term or condition of this Agreement, or any representation or warranty that you make under this Agreement is false;

  • if we determine that your MGO Crypto Profile or Wallet Provider Account is inactive;

  • if any Funds-In, Funds-Out or MGO Crypto transaction would violate or contradict this Agreement or any of our policies, procedures or practices, or would violate any law, rule or regulation applicable to the Services, you or the provider of any payment method; or

  • for our protection or yours, or the protection of any Agent or Wallet Provider, we have reasonable cause not to process your Instructions.

You agree that neither MoneyGram nor any Agent or Wallet Provider will be held responsible or liable to you or any other person for such action except as required by law.

3. Identity Verification.

In an effort to combat money laundering activities and the funding of terrorism, MoneyGram is required by law to obtain, verify, and record information that identifies each person who applies to establish a MGO Crypto Profile and/or initiates a Funds-In/Funds-Out transaction.

What this means for you: As part of the application to establish an MGO Crypto Profile, or the process to initiate a Funds-In/Funds-Out transaction at a MoneyGram Location, we will ask you for personal information, such as your name, street address, date of birth, and other information that will allow us to identify you. We may also request a copy of your driver’s license or other identifying documents or information at any time. Notwithstanding any provision herein to the contrary, we may obtain information about you from Coinme or your Wallet Provider, mobile carrier or data providers authorized by your mobile carrier or other third party sources, in order to verify your identity, administer your MGO Crypto Profile, or identify and/or prevent fraudulent activity. You authorize your mobile carrier and their data sources, to provide your account/subscriber information to us, including (if applicable) your name, address, e-mail and device data for these purposes. We reserve the right to take any and all lawful steps that we deem necessary or appropriate in order to verify the information you provide, including, but not limited to, obtaining consumer reports. If you refuse or fail to provide the requested information, or if we are unable to verify the information you provide and/or verify your identity to our satisfaction, MoneyGram, in its sole discretion, reserves the right to decline to establish a MGO Crypto Profile for you, to provide you with access to the Services, and/or to discontinue your access to or use of any previously-established MGO Crypto Profile or any Services at any time.

4. Establishing a MGO Crypto Profile.

You must have a valid MGO Crypto Profile to access MGO Crypto. You can register through the Website to establish a MGO Crypto Profile by entering your personal information, selecting a "User ID" (which is your e-mail address and is used for identification purposes) and password, and confirming your acceptance of this Agreement. Upon your successful completion of registration, MoneyGram will establish your MGO Crypto Profile and activate it for use to access the Services, subject to the limitations set forth in this Agreement. All information that you provide will be stored in your User Account and maintained by MoneyGram and/or certain companies engaged by MoneyGram or its contractors to provide the Services (each, a "Service Provider").

YOUR PASSWORD IS HIGHLY CONFIDENTIAL AND SHOULD NOT BE SHARED WITH ANY OTHER PARTY. You agree to assume the entire responsibility at all times for the supervision, management, control and confidentiality of your User ID and password. You agree that, to the extent permitted by law, you assume the entire risk for all use, including any fraudulent or unintentional use, of your User ID and password and that neither MoneyGram nor any Service Provider shall have any responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your User ID and password to any other person or if your MGO Crypto Profile is otherwise compromised.

CONTACT US AT ONCE AT 1-800-922-7146 OR E-MAIL US THROUGH THE "CONTACT US" LINK ON OUR WEBSITE IF YOU BELIEVE YOUR USER ID AND/OR PASSWORD HAS BEEN LOST OR STOLEN OR YOUR USER ACCOUNT IS OTHERWISE COMPROMISED.

Once your MGO Crypto Profile is established, you may submit Instructions by entering your User ID and password on the Website to log in to your MGO Crypto Profile and following the instructions for the type of MGO Crypto Transaction you wish to conduct. MoneyGram will relay your Instructions to Coinme for execution of each MGO Crypto Transaction.

Records and related Communications (defined below) regarding all MGO Crypto Transactions will be posted in your MGO Crypto Profile. You may access these records and Communications at any time by logging in to your MGO Crypto Profile and clicking on the “My Account” link.

You agree that by submitting information to establish a MGO Crypto Profile, or by initiating any MGO Crypto Transaction or otherwise accessing or using the Services, you are representing that all of the information that you have provided, or which is currently in your MGO Crypto Profile, is complete and accurate in all respects.

MoneyGram is entitled to rely on any information you provide, and you understand that it is your responsibility to promptly update your information with us if your e-mail address or other information contained in your MGO Crypto Profile, or that you have otherwise provided to MoneyGram, has changed. You may update your MGO Crypto Profile information by following the instructions on the Website.

All Communications we send will be deemed to have been provided to you if they are sent to you using the contact information that you have provided, or that we have on file for you, at the time the Communication was sent.

To deactivate your MGO Crypto Profile, contact us through the “Contact Us” link on our Website. If we suspend or deactivate your MGO Crypto Profile for any reason, we may, in our sole discretion, decline to relay any further Instructions to Coinme for execution of MGO Crypto Transactions. Please note that if your MGO Crypto Profile is deactivated for any reason, you will not be able to use the Services until you have obtained a new MGO Crypto Profile through the process described above.

5. Payment Method

You may purchase or sell Digital Assets using one of the following payment methods: (a) debit card; or (b) any other payment method accepted by MoneyGram (each of (a) and (b), a "Payment Method"). If the Payment Method you designate cannot be verified, is invalid or is otherwise not acceptable, your purchase may be suspended or canceled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase. You agree to keep a valid Payment Method and it is your responsibility to make sure it is updated for any purchase or sale of Digital Assets. If your Payment Method fails on any Digital Asset sale, we will notify you and provide assistance to complete the transaction.

6. Initiating a MGO Crypto Transaction

To initiate a purchase of Digital Assets in your MGO Crypto Profile, you must choose the amount and type of Digital Asset you wish to purchase and the Payment Method you will use to complete the purchase. MoneyGram will transmit your Instructions, and your USD, to Coinme for the purchase of your chosen Digital Asset(s), following which your Digital Asset purchase will be reflected in your MGO Crypto Profile on the Website.

To initiate a sale of Digital Assets in your MGO Crypto Profile, enter the amount of the Digital Asset or corresponding fiat currency equivalent you wish to withdraw, and provide any additional information requested by MoneyGram. You will receive an estimate of the total cost of your withdrawal, which will include all fees to be imposed by MoneyGram, foreign exchange rate (“FX”) (if applicable) and applicable third-party fees. You may be asked to provide additional information to verify your identity, such as your name, date of birth, address, telephone number, and information from your government-issued identification document (e.g., a driver’s license or military identification).

When the transaction is confirmed by MoneyGram, the Digital Asset amount corresponding with the amount of your withdrawal, plus applicable fees and FX, will be withdrawn from your Wallet Provider Account and will be sent to your selected Payment Method.

7. Initiating a Funds-In/Funds-Out Transaction

  • Funds-In: To initiate a Funds-In transaction, log in to your Wallet Provider Account and initiate a purchase of a Digital Asset by selecting MoneyGram as a purchase option. Enter the amount of Digital Asset you wish to purchase, and provide any additional information requested by your Wallet Provider. Select a participating MoneyGram Location from the choices offered to you in your Wallet Provider Account. You will receive an estimate of the total cost of your Digital Asset purchase, which will include all fees to be imposed by MoneyGram and applicable third-party fees. You may be asked to provide additional information to verify your identity, such as your name, date of birth, address, telephone number, and information from your government-issued identification document (e.g., a driver’s license or military identification).

You will receive a confirmation and instructions through your Wallet Provider Account, following which you may visit the MoneyGram Location that you chose and pay for your Digital Asset purchase. Your Wallet Provider Account will be credited with the amount of the Digital Asset that you have purchased.

  • Funds-Out: To initiate a Funds-Out transaction, log in to your Wallet Provider Account and initiate a withdrawal of your Digital Asset by selecting MoneyGram as a cash-out option. Enter the amount of the Digital Asset or corresponding fiat currency equivalent you wish to withdraw, and provide any additional information requested by your Wallet Provider. You will receive an estimate of the total cost of your fiat currency withdrawal, which will include all fees to be imposed by MoneyGram, FX (if applicable) and applicable third-party fees. You may be asked to provide additional information to verify your identity, such as your name, date of birth, address, telephone number, and information from your government-issued identification document (e.g., a driver’s license or military identification).

When the transaction is confirmed by MoneyGram, the Digital Asset amount corresponding with the amount of your withdrawal, plus applicable fees and FX, will be withdrawn from your Wallet Provider Account. You will be provided with a transaction reference number that you will present at any participating MoneyGram Location in order to collect your fiat currency.

8. Closing your MGO Crypto Profile

You may request that MoneyGram close your MGO Crypto Profile at any time by selecting “Close My Account” from the Website. If you close your MGO Crypto Profile, your associated account at Coinme will be closed, and you will be required to withdraw any remaining balances prior to such closure and be provided instructions on how to do so. You will remain liable for obligations arising prior to your request to close your MGO Crypto Profile in accordance with this Agreement and the Coinme Terms of Service.

9. Access to the Services

MoneyGram reserves the right, at our sole discretion, to deny service or use of the Services to anyone at any time and for any reason. You agree that MoneyGram, Coinme, and any Wallet Provider will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website. You also acknowledge and agree that Coinme or any Wallet Provider may suspend or discontinue your access to any portion of the Services that they provide to you and in accordance with the terms and conditions you have entered into with Coinme or such Wallet Provider.

C. CONTACT DETAILS, ERROR RESOLUTION AND CUSTOMER SERVICE INFORMATION

We are committed to ensuring that you receive high quality service from us. In the event that you are dissatisfied with the Services or believe an error has occurred with your Funds-In/Funds-Out transaction or MGO Crypto Transaction, please contact us as soon as possible. For full details of our complaints procedure or customer protection advice, or to submit a complaint, comment or question, you can:

  • Call us at 1.800.926.9400; or

  • Write us at Manager, Complaints Management, MoneyGram International, 2828 N. Harwood Street, Suite 1500, Dallas, TX 75201;

  • E-mail us at customerservice@moneygram.com

  • Go to www.moneygram.com, select Customer Service, select E-mail and complete the online form.

If you call us we may ask you to follow up with details in writing within ten (10) working days.

Please see the applicable disclosures generated in connection with your Funds-In/Funds-Out transaction or MGO Crypto Transaction for information regarding the reporting and resolution of any errors with respect to your Funds-In/Funds-Out transaction or MGO Crypto Transaction.

D. INDEMNIFICATION

Except to the extent that MoneyGram is otherwise liable under this Agreement or by law, you agree to indemnify and hold MoneyGram, its shareholders, subsidiaries, affiliates, directors, officers, employees, Agents, representatives, suppliers, Service Providers, and subcontractors harmless from any and all losses, liabilities, claims, demands, judgments and expenses, including but not limited to reasonable attorney's fees, arising out of or in any way connected with your use of or the performance of the Services.

E. OUR LIABILITY; LIMITATIONS; DISCLAIMER OF WARRANTIES

1. Funds-In/Funds-Out Transaction

If, after receiving a timely, complete and accurate request to initiate a Funds-In/Funds-Out transaction in accordance with this Agreement, MoneyGram does not complete a Funds-In/Funds-Out transaction in a correct amount according to this Agreement, MoneyGram may be liable only to you for your proximately caused actual damages, to the extent required by applicable law. MoneyGram will not be liable for any failure caused by your Wallet Provider that results in a delayed, inaccurate, or canceled Funds-In/Funds-Out transaction, by your failure to provide accurate information related to the Funds-In/Out transaction or by your failure to maintain updated information in your Wallet Provider Account.

UNLESS APPLICABLE LAW REQUIRES OTHERWISE, YOUR EXCLUSIVE AND MAXIMUM REMEDY AGAINST MONEYGRAM IS A REFUND OF THE FUNDS-IN/FUNDS-OUT TRANSACTION AMOUNT PLUS ANY REFUNDABLE FEES CHARGED BY MONEYGRAM. NO OTHER REMEDY IS AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO ANY REMEDY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THESE LIMITATIONS APPLY WHETHER YOUR CLAIM ARISES DUE TO MONEYGRAM OR ITS AGENTS' NEGLIGENCE, OTHER FAULT, ERROR, OMISSION OR NON-PERFORMANCE. WE ACCEPT NO RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF A WALLET PROVIDER, OR ANY OF THEIR SERVICE PROVIDERS OR THEIR DESIGNEES.

WE WILL NOT BE LIABLE TO YOU: (A) FOR ANY DELAYS OR MISTAKES, OR ANY CLAIMS, LOSSES, OR DAMAGES, RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, PANDEMICS, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS, (B) FOR ANY CLAIMS, LOSSES, OR DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THESE TERMS, COMMUNICATION SYSTEM FAILURES, OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM; (C) IF WE ARE UNABLE TO COMPLETE A FUNDS-OUT TRANSACTION BECAUSE YOU HAVE INSUFFICIENT FUNDS IN YOUR WALLET PROVIDER ACCOUNT, OR THE FUNDS ARE SUBJECT TO A HOLD, LEGAL PROCESS OR OTHER CLAIM RESTRICTING TRANSFERS; (D) IF YOU DID NOT FOLLOW THE FUNDS-IN/FUNDS-OUT TRANSACTION INSTRUCTIONS PROPERLY; (E) IF YOU DID NOT PROVIDE US WITH CORRECT, COMPLETE OR TIMELY INFORMATION; (F) IF YOU FAIL TO PAY FOR A FUNDS-IN TRANSACTION AT A MONEYGRAM LOCATION; OR (G) IF YOU FAIL TO COLLECT THE PROCEEDS FROM A FUNDS-OUT TRANSACTION AT A MONEYGRAM LOCATION.

YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MONEYGRAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

2. MGO Crypto Transaction

If, after receiving a timely, complete and accurate request to initiate a MGO Crypto Transaction in accordance with this Agreement, MoneyGram does not timely provide instructions to Coinme to complete the MGO Crypto Transaction, MoneyGram may be liable only to you for your proximately caused actual damages, to the extent required by applicable law. MoneyGram will not be liable for any failure of Coinme that results in a delayed, inaccurate, or canceled MGO Crypto Transaction, by your failure to provide accurate information related to the MGO Crypto transaction or by your failure to maintain updated information in your Wallet Provider Account.

UNLESS APPLICABLE LAW REQUIRES OTHERWISE, YOUR EXCLUSIVE AND MAXIMUM REMEDY AGAINST MONEYGRAM IS A REFUND OF THE MGO CRYPTO TRANSACTION AMOUNT PLUS ANY REFUNDABLE FEES CHARGED BY MONEYGRAM. NO OTHER REMEDY IS AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO ANY REMEDY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THESE LIMITATIONS APPLY WHETHER YOUR CLAIM ARISES DUE TO MONEYGRAM OR ITS AGENTS' NEGLIGENCE, OTHER FAULT, ERROR, OMISSION OR NON-PERFORMANCE. WE ACCEPT NO RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF A WALLET PROVIDER, OR ANY OF THEIR SERVICE PROVIDERS OR THEIR DESIGNEES.

WE WILL NOT BE LIABLE TO YOU: (A) FOR ANY DELAYS OR MISTAKES, OR ANY CLAIMS, LOSSES, OR DAMAGES, RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, PANDEMICS, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS, (B) FOR ANY CLAIMS, LOSSES, OR DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THESE TERMS, COMMUNICATION SYSTEM FAILURES, OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM; AND (C) IF YOU ARE UNABLE TO COMPLETE A MGO CRYPTO TRANSACTION FOR ANY REASON OTHER THAN MONEYGRAM’S FAILURE TO TIMELY TRANSMIT YOUR INSTRUCTIONS TO COINME.

YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MONEYGRAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

F. ARBITRATION AND WAIVER OF CLASS REMEDY AND JURY TRIAL

UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO A TRANSFER, THE AGREEMENT OR BREACH OF THIS AGREEMENT, INCLUDING STATUTORY CONSUMER CLAIMS (EACH, A “DISPUTE”), SHALL BE SETTLED EXCLUSIVELY BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS COMMERCIAL ARBITRATION RULES AND, WHERE APPROPRIATE, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (“AAA CONSUMER RULES”), BOTH OF WHICH ARE AVAILABLE AT THE AAA WEBSITE AT WWW.ADR.ORG. YOU UNDERSTAND THAT ABSENT THIS SECTION (F), YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

THE DETERMINATION OF WHETHER A DISPUTE IS SUBJECT TO ARBITRATION, IF CONTESTED, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND DETERMINED BY A COURT RATHER THAN AN ARBITRATOR. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY THE AAA RULES AND, WHERE APPROPRIATE, LIMITED BY THE AAA CONSUMER RULES. IF SUCH COSTS ARE DETERMINED BY THE ARBITRATOR TO BE EXCESSIVE, WE WILL PAY ALL ARBITRATION FEES AND EXPENSES. THE ARBITRATION MAY BE CONDUCTED IN PERSON, THROUGH THE SUBMISSION OF DOCUMENTS, BY PHONE OR ONLINE, AT YOUR ELECTION, SUBJECT TO THE DETERMINATION OF THE ARBITRATOR. IF IN PERSON, ANY ARBITRATION HEARING THAT YOU ATTEND SHALL TAKE PLACE IN THE FEDERAL JUDICIAL DISTRICT OF YOUR RESIDENCE.

RESTRICTIONS. YOU AND WE AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. ANY DISPUTE MUST BE INITIATED WITHIN ONE YEAR AFTER THE COMPLAINING PARTY DISCOVERS THE FACTS THAT FORM THE BASIS FOR THE CONTROVERSY OR CLAIM, OR IT IS FOREVER WAIVED.

Exceptions to Arbitration: You and we agree that the following Disputes (and only these Disputes) are not subject to the above provisions concerning binding arbitration and may be brought in any court having jurisdiction over the parties and subject matter: (1) any suit to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed.

Severability: You and we agree that if any portion of this Section (F) is found illegal or unenforceable, that portion shall be severed and the remainder of the Section (F) shall be given full force and effect.

G. CHANGES TO THIS AGREEMENT

We may change or modify the terms and conditions of this Agreement from time to time, at our sole discretion. We agree to notify you of such changes or modifications by: (a) if required by law, sending a notice of such change or a copy of the amended agreement to your last address or e-mail address shown in our records; or (b) if required by law, posting a notice at the Website. Prior notice of changes may not be given, however, when such notice is not required by law or where an immediate change is necessary for security purposes. By continuing to use the Services or initiating Funds-In/Funds-Out transactions or MGO Crypto Transactions after any such change, you agree to be bound by the changed terms and conditions of this Agreement as of the effective date of such changes.

H. PRIVACY NOTICE

For information regarding how we use, share and safeguard your personal information, please see our Privacy Statement available here on our Website

or by calling 1-800-926-9400.

I. STATE SPECIFIC INFORMATION

MoneyGram is licensed or otherwise authorized to operate as a money transmitter in various U.S. states and territories. If you are a resident of certain states, you may have additional rights under such state’s laws. Please see the applicable state Legal Notices.

J. WEBSITE TERMS OF USE

All access to and use of the Services is also subject to the Website terms of use and any terms of use applicable to any other website or mobile application through which you may access any portion of the Services. The Website and the Services may only be used for the purpose permitted by this Agreement.

K. DISCLOSURES

YOU HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

  • The Digital Assets in your MGO Crypto Profile or Wallet Provider Account are held by Coinme, your Wallet Provider or you, and are not held by MoneyGram. MoneyGram is not responsible for the Digital Assets in your MGO Crypto Profile or Wallet Provider Account.

  • MoneyGram is not involved in the purchase, sale, or custody of Digital Assets.

  • When you direct MoneyGram to transmit funds and Instructions to Coinme for purposes of purchasing a Digital Asset in your MGO Crypto Profile, you are instructing MoneyGram to send USD to Coinme from your applicable Payment Method.

  • Digital assets offered by Coinme, including through your MGO Crypto Profile, or held in your Wallet Provider Account are not covered by the Securities Investor Protection Corporation, and accounts containing Digital Assets and any associated value balances, including your MGO Crypto Profile, are not insured by the Federal Deposit Insurance Corporation.

  • In accordance with applicable law, MoneyGram and Coinme, and MoneyGram and your Wallet Provider, intend to share customer information, including, without limitation, your personal information (as described in the Privacy Notice), in connection with the offering of the Services.

YOU HEREBY ACKNOWLEDGE THE FOLLOWING MATERIAL RISKS ASSOCIATED WITH ANY DIGITAL ASSET INVESTMENT:

  • Digital Assets are not legal tender, are not backed by the government, and accounts containing Digital Assets, and any associated value balances, are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections;

  • Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Digital Assets;

  • Transactions in Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;

  • Some Digital Asset transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiate the transaction;

  • The value of Digital Assets may be derived from the continued willingness of market participants to exchange fiat currency for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset disappear;

  • There is no assurance that a person who accepts a Digital Asset as payment today will continue to do so in the future;

  • The volatility and unpredictability of the price of Digital Assets relative to fiat currency may result in significant loss over a short period of time;

  • The nature of Digital Assets may lead to an increased risk of fraud or cyber-attack;

  • The nature of Digital Assets means that any technological difficulties experienced by MoneyGram, your Wallet Provider, or Coinme may prevent the access or use of your Digital Assets; and

  • Any bond or trust account maintained by your Wallet Provider or Coinme for the benefit of its Users may not be sufficient to cover all losses incurred by Users.

L. FEES

MoneyGram, directly or in certain cases on behalf of Coinme or another Wallet Provider, will charge you certain fees or amounts in connection with (i) Funds-In/Funds-Out; (ii) transactions through your MGO Crypto Profile, each of which may include pass-through charges for or to Coinme or another Wallet Provider. MoneyGram may also charge you other costs or fees associated with your use of the Website, MGO Crypto Profile, or Funds-In/Funds-Out (collectively, the “Service Fees”). By using the Services, you agree to pay all applicable Service Fees. MoneyGram reserves the right to adjust the Service Fees at any time, and will post changes to the Service Fees on the Website and communicate such changes to you via email.

In addition to the Service Fees, Coinme and any other Wallet Provider may charge you certain fees as set forth in their agreement with you. In certain cases, MoneyGram may collect such fees from you on behalf of Coinme and/or your Wallet Provider. By using the Services, you agree to pay all applicable fees to Coinme and/or your Wallet Provider, as they may be amended from time to time.

M. INTELLECTUAL PROPERTY AND LIMITED LICENSE

Unless otherwise indicated by MoneyGram, the Services and all content and other materials therein, including, without limitation, the MoneyGram logo, this Agreement, and all other designs, text, graphics, pictures, information, data, software, sound files, other files made available within the Services and the selection and arrangement thereof, and any documentation or other ancillary material provided to you by or behalf of MoneyGram (collectively, “MoneyGram Content”) are the proprietary property of MoneyGram or our licensors or Users and are protected by U.S. and international intellectual property laws. Except as explicitly permitted by this Agreement, you may not, and you may not allow others to, sell, copy, modify, correct, enhance, create derivative works from, publish, store or in any way distribute or otherwise exploit the MoneyGram Content. You may not, and you may not allow others to: (i) decompile, reverse engineer, convert or otherwise extract or disclose the underlying script, code (whether binary, assembly, source, object, HTML or otherwise) or structure of any MoneyGram Content, or (ii) remove or alter authorship attribution or copyright notices or similar information on the Website.

Any violation of the provisions above regarding MoneyGram Content may subject you to statutory and punitive damages and shall specifically also entitle MoneyGram to equitable relief (including an injunction), in addition to (and not in substitution or replacement for) any other available remedies at law or in equity, without the need for the posting of a bond or any other requirement.

To the extent you provide any feedback, suggestions, or comments regarding the Services (“Feedback”), MoneyGram may, in its sole discretion, incorporate some or all of such Feedback into the Services. You hereby grant MoneyGram a worldwide, perpetual, nonexclusive, sub-licensable, royalty-free license to use, reproduce, distribute, transmit, disclose, display, modify and create derivative works of all such Feedback. You further represent and warrant that you have all rights necessary to provide MoneyGram the Feedback and that the use of the Feedback by MoneyGram will not violate, infringe, or otherwise misappropriate any third party rights.

Subject to your compliance with this Agreement, MoneyGram grants you a limited, non-transferable, non-sub-licenseable, non-exclusive, revocable license to use the Services for personal use until such time as this Agreement terminates or expires or your right to use or access the Services is terminated in accordance with this Agreement.

N. TRADEMARKS

“MoneyGram,” and “MoneyGram Online,” and the MoneyGram logo and any other MoneyGram product or service names, logos or slogans are MoneyGram’s trademarks in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MoneyGram. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners and may not be used without permission of the applicable trademark holder. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by MoneyGram.

O. MISCELLANEOUS

Entire Understanding. This Agreement constitutes the entire agreement between you and MoneyGram regarding the use of the Services, and supersedes any prior agreements between you and MoneyGram to the extent that they might otherwise apply to the Services. Otherwise, any such other agreements remain in full effect in accordance with their terms. Unless otherwise inconsistent with relevant federal and state laws, this Agreement is governed by the laws of the State of Texas without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods, and you and MoneyGram agree to submit to the exclusive personal jurisdiction and venue of the courts located in the City and County of Dallas, Texas, except as provided in Section (F) above regarding arbitration.

English Language Controls. Any translations of this Agreement that may be provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations in this Agreement are subject to definitions and interpretations in the English language.

Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Third Party Beneficiaries. You agree that each Agent and Service Provider is a third party beneficiary of this Agreement for purposes of indemnity and limitations on liability.

Headings. The headings, captions, headers, footers and version numbers contained in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.

Assignment. You may not assign this Agreement to any other party. MoneyGram may assign this Agreement or delegate any of its rights and responsibilities under this Agreement to third parties without notice to you.

No Waiver. MoneyGram shall not be deemed to have waived any of its rights or remedies under this Agreement unless such waiver is in writing and is signed by the party alleged to have waived. The delay or failure of MoneyGram to exercise or enforce any right or remedy in connection with this Agreement shall not constitute a waiver of such right or remedy or any other rights or remedies. A waiver on any occasion shall not be construed as a bar or waiver of any rights or remedies on any other occasion.

Links to Other Sites. The Website may contain links to other web sites which are not under the control of MoneyGram. MoneyGram is not responsible for the contents or transmission of any web site to which a link is provided. Links do not imply that MoneyGram endorses any such websites and MoneyGram does not make any representation that they are error or virus free. The disclaimer of warranties above also applies to any linked website.

P. ELECTRONIC COMMUNICATIONS

1. Scope of Communications to Be Provided in Electronic Form. You understand and agree that we may provide you with any or all of the following types of communications electronically: (i) legally required disclosures, notices and other communications associated with your access to or use of the Services, including, but not limited to information about fees or charges, and any and all legally required pre- and post- transaction disclosures; (ii) customer service communications; (iii) privacy policies and notices; (iv) changes to this Agreement, (v) statements, information and records regarding your MGO Crypto Transactions and Funds-In/Funds-Out transactions; (vi) information regarding the debiting or charging, as applicable of your selected Payment Method; (vii) any and all legally required error resolution policies, and responses to claims filed in connection with your access to or use of the Services; (viii) any other communications related to your access to and/or use of the Services, and (ix) with your consent, marketing and other promotional communications (collectively, "Communications").

2. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Agreement and any other Communication that is important to you.

3. Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (3) to the extent permitted by law, on our Website or via SMS text message. You agree to promptly review all Communications sent to you, and that these are reasonable procedures for sending and receiving electronic communications.

4. How to Update Your Records. To receive electronic Communications, at the time that you first use the Services, you must provide us with a true, accurate and complete e-mail address and your contact information, and you must promptly notify us of any changes to this information. You can update information (such as your e-mail address) through the Website.

5. Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have an electronic device that enables access to your e-mail account or a commercially available Internet browser and a sufficiently recent version of Adobe Acrobat Reader; Adobe Acrobat Reader software is available without charge from Adobe Systems Incorporated. You may wish to utilize a device that is capable of storing or printing the Communications for your records.

6. Requesting Paper Copies. If you have consented to receive electronic Communications, we will not send you a paper copy of any Communication unless we deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. You may obtain a paper copy of any legally-required Communications and or agreements that you will be required to sign in order to authorize ACH debits/credits and/or for credit card transactions for up to 24 months after such Communication or agreement has been provided or made available to you electronically. You may request such a paper copy by sending a detailed written request to: Manager, Customer Service, MoneyGram International, 2828 N. Harwood Street, Suite 1500, Dallas, TX 75201, or by contacting us via the "Contact Us" link on the Website.

7. How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by writing to us at Manager, Customer Service, MoneyGram International, 2828 N. Harwood Street, Suite 1500, Dallas, TX 75201, or by contacting us via the "Contact Us" link on the Website. Any withdrawal of your consent to receive electronic Communications will be effective only after we have received your request your request for withdrawal and have a reasonable period of time to process such request. In the meantime, you will continue to receive Communications in electronic form. By withdrawing your consent, you will no longer be able to use the Services. Withdrawing consent to receive marketing communications only does not preclude use of the Services, however. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected, and your previous electronic records will remain accessible for such period as is required under law and in a form that allows the record to be accurately reproduced to all persons who are entitled under law to access the record.

8. Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN Act"), and that you and we both intend that the E-Sign Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

9. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

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