Western Union Money Transfer® Service User Agreement

By accessing or using the Western Union Money Transfer® Service through Woodforest National Bank website, you agree to be bound by the terms and conditions of this agreement, as may be amended from time to time. Do not use or access the Service if you do not agree to these terms and conditions.

1. WESTERN UNION (“WU”) MONEY TRANSFER® SERVICES ARE PROVIDED BY WESTERN UNION FINANCIAL SERVICES, INC. (”WESTERN UNION”) AND ARE SUBJECT TO THESE TERMS AND CONDITIONS (“AGREEMENT”) AND APPLICABLE LAW. Additional information regarding the Services may be obtained at www.westernunion.com. Service and funds availability depends on certain factors including the Service selected, the selection of delayed delivery options, special terms applicable to each Service, amount sent, destination country, currency availability, regulatory issues, consumer protection issues, identification requirements, delivery restrictions, agent location hours, and differences in time zones (collectively, “Restrictions”). The designated recipient (“Receiver”) may generally receive funds sent by Western Union consumer (“You”) at Agent locations in the Expected Payout Location. For transactions sent within the U.S., the Expected Payout Location generally means any Agent location in the destination state or U.S. territory You identify. For transactions sent outside the U.S., Expected Payout Location generally means any Agent location in the destination country You identify. The Services offered by Telecomunicaciones de Mexico (“Telecomm”) are only available at Telecomm locations. Receiver will normally receive funds sent by You in cash, check, or a combination thereof; with some Services, funds may be credited to a bank, prepaid or credit card, mobile wallet, or similar account. Receiver may be able to elect a payout method that differs from the payout method You specify; You authorize Western Union to honor Receiver’s election of payout method. Receivers who choose to receive funds through a payout method other than cash or in a currency other than the one You selected may incur additional fees to access funds. Certain countries and/or jurisdictions may impose a tax, fee and/or tariff on Receiver’s receipt of, or access to, transferred funds. Transactions: (i) which exceed certain amounts; (ii) to certain destinations; (iii) that implicate certain regulatory issues or consumer protection issues; or (iv) sent through delayed options may take longer, be subject to dollar limits or be subject to additional Restrictions. Transactions may be reported to applicable authorities. Messaging and notification services may be included for additional fees. In some destinations Receiver may be required to provide identification, a test question answer or both to receive funds in cash. Test questions are not an additional security feature and cannot be used to time or delay the payment of a transaction and are prohibited in certain countries. By accessing or using the Western Union Money Transfer® Service through Woodforest National Bank’s website, you agree to be bound by the terms and conditions of this agreement, as may be amended from time to time. Do not use or access the Service if you do not agree to these terms and conditions. WESTERN UNION RELIES ON THE INFORMATION YOU PROVIDE US TO SEND MONEY. PLEASE REVIEW ALL TRANSACTION DETAILS FOR ACCURACY BEFORE CONTINUING YOUR TRANSACTION.

2. This applies to your use of the Western Union Money Transfer® Service accessed through the Woodforest National Bank Website ("Website") and any related products and Services (collectively, the “Service”). Our Service enables you to send cash from the convenience of your computer to third persons virtually anywhere in the world, subject to these terms and conditions (a “Money Transfer”). The principal amount of your Money Transfer and all applicable fees must be paid for from available funds in a bank account designated by you and established in your name at Woodforest National Bank (your “Bank Account”).We may modify the terms of this Agreement or the features of the Service at any time. Any such change in terms will be effective upon the posting of such changes on the Website. Each time that you initiate a Money Transfer through the Service, you are agreeing to the terms of this Agreement as posted on the Website on the date of your transaction.

3. PAYMENT FROM YOUR BANK ACCOUNT. By requesting a Money Transfer through the Service, you acknowledge and agree that you are also authorizing Woodforest National Bank as an agent of Western Union to debit an amount equal to the principal amount of the Money Transfer plus Applicable Fees from your Bank Account. Transfer Fees and the principal amount are due and payable before Western Union processes your Money Transfer, and will be deducted from the available funds in your Bank Account immediately. If there are insufficient funds in your Bank Account, your Money Transfer will not be processed and funds will not be transmitted to the Receiver. You agree not to request Money Transfers that exceed your transfer limits or the balance of your Bank Account (including any overdraft allowances by Woodforest National Bank). Your agreement with Woodforest National Bank governs use of the Bank Account, and you must refer to that agreement to ascertain your rights and liabilities as an account holder.

4. INSUFFICIENT FUNDS; ADDITIONAL FEES OR CHARGES. In addition to cancellation of the Money Transfer, you understand and agree that you may be liable to Woodforest National Bank for additional fees or charges in the event there are insufficient funds in the Bank Account to cover a requested transaction, or if Woodforest National Bank rejects a transfer for any other reason.

5. ADMINISTRATION CHARGE: Transactions not picked up or canceled by You within one year of the send date will be assessed a non-refundable administration charge of up to fifty cents per month from the send date, not to exceed forty-two dollars, which will be deducted from the amount sent (or where such charge exceeds the maximum amount permitted by law, the maximum amount permitted by law).

6. REFUNDS: Subject to applicable law: (i) transfers may be canceled for a refund of the principal amount, unless the funds have been picked up or deposited at the time Western Union receives Your written request; (ii) for certain services, excluding Western Union's bill payment and prepaid products and services, Western Union may provide a transfer fee refund if funds are not available within the specified timeframe; and (iii) Western Union may charge You a fee to refund the principal amount back to You in those instances where Receiver rejects Your funds. Qualifying refunds for transfers that begin and end in the United States will be made within 45 days of receipt of Your valid written request to WESTERN UNION FINANCIAL SERVICES, INC. P.O. Box 6036, Englewood, CO 80112. Western Union may issue Your refund through a WU money transfer or Western Union may issue the refund to the credit or debit card that was used to pay for the transaction. In lieu of receiving the refund by WU money transfer, You may request Western Union to mail You a check in the amount of the refund. Where required by law, refunds associated with certain international transfers may be eligible for different treatment.
SPECIAL TERMS FOR INTERNATIONAL TRANSFERS: Notwithstanding the foregoing, and subject to applicable law, international transfers may be canceled for a full refund of the principal and fees paid within 30 minutes of payment, unless the funds have been picked up or deposited. You may also receive a full refund in certain circumstances if you successfully assert an error or as otherwise provided under applicable law.
The following provision applies only to transactions from California:
RIGHT TO REFUND: “You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Western Union does not forward the money received from You within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by You within 10 days of the date of the receipt of the funds from You unless otherwise instructed by You. If Your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted You have a right to a refund of Your money. If You want a refund, You must mail or deliver Your written request to Western Union at PO Box 6036, Englewood, CO 80112. If You do not receive Your refund, You may be entitled to Your money back plus a penalty of up to $1,000 and attorney’s fees pursuant to Section 2102 of the California Financial Code.”

7. ERROR RESOLUTION: You have a right to dispute errors in your transaction. If you think there is an error, contact us within 180 days of the date that we promised you that the funds would be made available to the Receiver at 1-800-325-6000 or https://thewesternunion.custhelp.com/app/ask. You can also contact us for a written explanation of your rights. Woodforest National Bank is responsible for the Bank Account and any related debits from or credits to the Bank Account. In case of errors or questions about the Bank Account, you must call Woodforest National Bank at 877-968-7962. Woodforest National Bank can also assist you in asserting an error with your Western Union transaction.

8. DOCUMENTATION / INFORMATION: Payments and fees will be listed on your Bank Account statement. A confirmation/Money Transfer receipt will be made available to you on this Website after you conduct a Service transaction. You should print and retain a paper or electronic copy of the confirmation for your records. Western Union will not send you a periodic statement listing transactions that you make using the Service. The transactions will only appear on a statement issued by Woodforest National Bank. If you have any questions about one of these transactions, contact Western Union Customer Service or Woodforest National Bank.

9. RESOLUTION OF DISPUTES: Unless You opt out as set forth below, any dispute arising from or relating to this transaction shall be resolved by final and binding arbitration. The arbitrator shall also decide what is subject to arbitration. The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures, which are available at www.namadr.com/downloads.cfm or by writing to 990 Stewart Ave., 1st Fl., Garden City, NY, 11530 and explain how to initiate arbitration. You will be responsible for up to $125 of the administration fees. Western Union may reduce this amount if you demonstrate hardship. This agreement is governed by the Federal Arbitration Act, and any award shall be subject to judicial confirmation. Any arbitration shall take place on an individual basis; class actions or arbitrations are not permitted. If any part of this paragraph is deemed invalid, it shall not invalidate the other parts. If NAM is unavailable, the parties or a court will select another arbitrator. You may opt out of arbitration within 30 days after initiating a transaction by calling 1-800-325-6000 (WU). IF YOU DO NOT OPT OUT, YOU WILL WAIVE ANY RIGHT TO A TRIAL BY JURY OR JUDGE IN COURT AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

10. LIMITATIONS OF LIABILITY: IN NO EVENT SHALL WESTERN UNION BE LIABLE FOR DAMAGES WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the transaction amount and the transfer fee and except as provided in California Financial Code § 2102(c)), UNLESS YOU HAVE OBTAINED A HIGHER LIABILITY LIMIT BY CALLING THE CUSTOMER SERVICE NUMBER ABOVE AND PAYING AN ADDITIONAL FEE. IN NO EVENT SHALL WESTERN UNION OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE.

11. CURRENCY EXCHANGE, INTERNATIONAL SERVICES: In addition to the transfer fees applicable to this transaction, a currency exchange rate will be applied. United States currency is converted to foreign currency at an exchange rate set by Western Union unless the laws of the Expected Payout Location do not permit Western Union to set an exchange rate. Any difference between the rate given to You and the rate received by Western Union will be kept by Western Union (and its Agents in some cases) in addition to the transfer fees. Subject to applicable law, the actual or estimated currency exchange rate applicable to Your transaction will be provided to You on the written disclosures provided to You by Western Union in connection with Your transaction. Payouts will generally be made in the national currency of the Expected Payout Location (“Local Currency”). In some countries, You may designate a payout currency other than the Local Currency; however, the alternate currency You choose may not be available at all Agent locations. Western Union is not responsible for the currency exchange rate that will be applied if Receiver chooses to receive a currency other than the currency You selected.

12. COMPLIANCE: You represent, warrant and certify to Western Union that your use of the Service shall not in any way, directly or indirectly, (a) violate any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft; or (b) violate any of the terms and conditions of this Agreement. When required by applicable law, Western Union will report details about and information regarding your transaction to federal, state, local or foreign authorities. In addition, Western Union will cooperate with law enforcement in the prosecution of illegal activities to the fullest extent permitted by applicable law. You may be required to provide Western Union with certain information to allow Western Union, among other things, to verify your identity and to complete the transaction. Western Union is not an escrow Service provider and you agree to not use the Service for escrow purposes. You agree that the information you provide is not false, inaccurate or misleading.

13. INDEMNIFICATION: You agree to indemnify, defend and hold harmless Western Union, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party Service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses of any kind related thereto (including, without limitation, reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (i) your access to and/or use of the Website or Services; and/or (ii) your breach or violation of the terms or conditions of this Agreement. Western Union reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event settle any matter without the written consent of Western Union.

14. INTELLECTUAL PROPERTY: The Website, the Service, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to authors, patents, database rights, trademarks and Service marks) are owned by Western Union, Woodforest National Bank or third parties, and all right, title and interest therein and thereto shall remain the property of Western Union, Woodforest National Bank and/or such other third parties. The Website and Service may be used only for the purpose permitted by this Agreement. You are authorized solely to view and retain a copy of the pages of the Website for your own personal, non-commercial use. You agree that you may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Website, the Service or any portion thereof for any public or commercial use without the express written consent of Western Union and/or Woodforest National Bank or other third party. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Website and/or Service; and (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on the Website (or printed pages thereof). The name Western Union and other names and indicia of ownership of the Service are the exclusive marks of Western Union or other third parties. Other product, Service and company names appearing on the Website may be trademarks of their respective owners, including Woodforest National Bank.

15. LINKS TO OTHER SITES: The Website may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by or association with Western Union or any of its affiliates to any third party resources or their contents. Links do not imply that Western Union is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or author symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or author symbol of Western Union or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. Western Union does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.

16. GENERAL: This Agreement, together with all items incorporated by reference, embodies the entire understanding among the parties. It supersedes all prior understandings and cannot be modified orally. Western Union has the right to assign this Agreement to any party, at any time without Your consent. This Agreement is governed by Colorado law without regard to conflicts of law rules. If an Agreement provision is found invalid, remaining provisions shall be valid. Services are directed solely to persons 18 and over. The English language version controls if there is an inconsistency between English and non-English Agreement versions. You and Receiver represent that Your use of Services does not violate: (a) any law, including, without limit, laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud; and/or (b) this Agreement. Information provided to Western Union shall be truthful and complete. You shall indemnify Western Union and its Agents for all losses of any kind (including attorney fees) arising out of any Agreement breach by You or Receiver. Western Union reserves the right to change Services without notice. Western Union and its Agents may refuse to provide Services to any person.

17. WESTERN UNION PRIVACY POLICIES: Western Union may disclose Your personal information to third parties as explained in the Western Union Privacy Statement (WU); to obtain a copy, ask Your Agent, visit www.westernunion.com (WU), or call 1-800-562-2598 (WU). Information disclosed may include Your financial background, Your contact information, Your identification, information about Your transactions with us and other information relating to financial matters. Recipients may include financial institutions, retailers, our service providers, government agencies and direct marketers. You may direct us to limit certain disclosures of Your information to some of these parties. Your choice to limit certain disclosures will apply until You tell us to change Your choice or we delete Your data from our systems. To limit disclosures of Your information (opt out), call 1-800-562-2598 (WU).

18. CONSUMER FRAUD ALERT: PROTECT YOURSELF. BE CAREFUL WHEN A STRANGER ASKS YOU TO SEND MONEY, ESPECIALLY FOR INTERNET AUCTIONS, NEWSPAPER OR TELEPHONE OFFERS. Western Union does not guarantee delivery or suitability of goods or services paid for with Services. Western Union is not an escrow service provider. Customer and Receiver agree not to use Services for escrow purposes.

For inquiries or comments in English, please write to:
WESTERN UNION FINANCIAL SERVICES, INC.
P.O. Box 6036, Englewood, CO 80112
FOR CUSTOMER SERVICE, PLEASE CALL 1-800-325-6000.