Terms

Important Information About Procedures for Opening a New Account. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. We may also obtain information about you from other sources, including identifying information that we may obtain while you visit this website.

PLEASE READ THE USER AGREEMENT, THEY CONTAIN IMPORTANT INFORMATION. WE WILL CONSIDER YOUR REQUEST FOR A TRANSFER USING THIS WEBSITE OR YOU OTHERWISE ACCESSING OR USING THIS WEBSITE TO MEAN THAT YOU AGREE TO THE USER AGREEMENT. IF YOU DO NOT AGREE, YOU SHOULD NOT REQUEST A TRANSFER OR ACCESS OR USE THIS WEBSITE.

This User Agreement (“Agreement”) is effective as of May 21st, 2017. These Terms of Use (these “Terms”) set forth the terms and conditions of the LumoXchange Transfer Service (the “Service”) offered by Bear State Bank. As used throughout this Agreement, the Terms, “we”, “us”, and “our” refer to Bear State Bank and the terms “you” or “yours” refer to you as the user of this website. The Service is supported by our service provider, LumoXchange LLC. (“LumoXchange”).

1. OVERVIEW OF THE SERVICE

You may use the Service to request the transfer of funds (a “Transfer”) to a designated recipient (a “Recipient”) located in another country, if that country is supported by LumoXchange. In order to use the Service must pay for the Transfer. You may do this by authorizing us to initiate an electronic transfer of funds from your bank account (your “Payment Transaction”). Your Payment Transaction must be in U.S. Dollars and come from a U.S. bank account that you own (your “Bank Account”). The amount of your Payment Transaction (your “Payment Amount”) will include the total amount to be transferred to the Recipient (the “Total to Recipient”), taking into consideration the relevant exchange rate, plus applicable fees and taxes. We will receive and hold your Payment Amount until the Total to Recipient has been picked up by the Recipient or deposited into an account of the Recipient. Transfers may not be completed until we have received final payment of your Payment Amount. We will not be considered to have received final payment until your bank can no longer return your Payment Transaction (typically two business days). We cannot recover funds from Recipients. Do not use the Service to transfer funds to a Recipient unless you are certain you will not want the funds back from the Recipient. Please carefully consider the risks of sending money to anyone that you do not know well. Sending money to strangers is risky.

2. ACCESSING THE SERVICE

In order to use the Service, you first must register and be approved. We may accept or reject your registration and your Transfer requests in our sole discretion from our place of business in Little Rock, Arkansas. You represent and warrant that:

  1. You are at least eighteen (18) years old and able to form legally binding contracts under applicable law.
  2. You have full legal authority and control over your Bank Account. Your Bank Account is open and in good standing and you will have sufficient funds in your Bank Account to cover each Payment Transaction.
  3. All registration information and all other information that you provide in connection with using the Service will be accurate and complete. You agree to notify us in advance of any changes to such information.

You authorize us to store and use all the information you provide and to make inquiries of third parties as we deem necessary to verify your identity, to validate your access to your Bank Account and the sufficiency of your funds therein, to validate your Transfer requests, to complete your Transfers and for other lawful purposes. We may monitor and record your access to and use of the Service, including the information you provide in connection therewith, and we may store all such information for purposes of facilitating future Transfers and for other lawful purposes.

If your registration is approved, your access privileges to this web site will be temporary, non-exclusive, non-transferable and revocable. We may terminate or suspend your access without cause or notice at any time and we may exercise any and all other rights and remedies available at law or in equity.

You are solely responsible for the accuracy of all information you provide in connection with use of the Service and making Transfer requests. If you provide inaccurate information, you may lose the amount of your Transfer in certain circumstances.

3. TRANSFER REQUESTS AND TRANSFER LIMITS

We may impose limits on your use of the Service. Our current basic limits are as follows:

Limit per Transaction 24 Hour Limit 30 Day Limit 180 Day Limit
TIER 1 $2,999 $2,999 $6,000 $9,999
Default limits
TIER 2 $2,999 $6,000 $9,999 $20,000
*We may require a copy of a government issued ID
TIER 3 $2,999 $10,000 $20,000 $60,000
**We may require proof of income, social security number and additional information

Additional undisclosed limits may apply for security reasons. We may also, in our sole and absolute discretion and without advance notice, refuse any Transfer request, even a request under our applicable limits. Transfers may also be delayed or cancelled if we are unable to verify information relevant to the Transfer, if we believe the Transfer or your Payment Transaction is unauthorized or suspicious, if we believe we are required to do so by applicable law, regulation or order or in order to prevent a loss to you or to us. In some situations, sanctions administered by various government authorities may restrict Transfers based on the identity or location of your Recipient or other factors. Once your Transfer request has been received, we generally do not allow changes to the Transfer (although you may have a right to cancel in certain circumstances).

4. PAYMENT

  1. Fees. You agree to pay the fees, taxes and other amounts disclosed to you in connection with each Transfer request. We may deduct such amounts from your Payment Amount when we receive it. Fees are subject to change from time to time. In some cases, additional fees, taxes and charges may be deducted from the amount made available to your Recipient. We are not responsible for any fees charged by the financial institution holding your Bank Account. You agree to reimburse us for any fees we are assessed as a result of your financial institution returning your Payment Transaction.
  2. Exchange Rates. The exchange rate that will apply to a Transfer will be disclosed to you in connection with your request for that Transfer. If exchange rates change after the date of your Transfer Request, we are not required to adjust the amount paid to your Recipient. We do not guarantee that you are receiving the best exchange rate available. There may be a difference between the exchange rate that is disclosed to you and other exchange rates available through Payout Locations (defined below) or our service providers. Any difference resulting from these different rates may be retained by a Payout Location or our service providers.
  3. Your Payment Authorization. By submitting a Transfer request, you authorize us to initiate your Payment Transaction in order to electronically transfer the Payment Amount from your Bank Account. You also authorize the financial institution holding your Bank Account to debit the Payment Amount from your Bank Account. If your Payment Transaction is not honored or is returned for any reason (or if we determine that it may be dishonored or returned), we are not obligated to complete your requested Transfer to the Recipient. You agree not to request Transfers that exceed the available balance of your Bank Account or that exceed the transfer limits applicable to that account. You also authorize us to transmit electronic refunds to your Bank and to initiate electronic debits and credits to your Bank Account to correct errors.
  4. Other Bank Charges. We are not responsible for any fees or charges that may be imposed by the financial institution holding your Bank Account, such as overdraft or NSF fees.

5. DISBURSEMENT

LumoXchange works with local banks, money exchange houses, and others in other countries to pay funds out to Recipients and/or to accept credits to Recipient’s accounts (“Payout Providers”). Disbursement methods may vary by Payout Provider. If Transfers are disbursed via credit to an account (at your selection or the Recipient’s choice), additional terms, conditions and fees may apply to that account. We are not responsible for the acts or omissions of any Payout Provider, including improper posting by that Payout Provider. You agree that credits to accounts may be completed in reliance on the account number provided by you or the Recipient, regardless of whether the name on the account matches the Recipient. Information regarding the location, availability, and hours of Payout Providers is provided based on information provided to LumoXchange by the Payout Providers and is subject to change. We are not responsible for inaccurate or incomplete information about Payout Providers. You acknowledge and agree that Recipients may be required to provide a transfer confirmation number or other information and to prove their identity in the manner required by the Payout Provider before the Payout Provider pays the Recipient. If a Recipient cannot provide the correct transfer confirmation number or information or verify their identity, your Transfer to them may not be completed. You agree that your Recipient is your agent for purposes of completing the Transfer. Neither we nor LumoXchange is responsible for a Payout Provider’s actions in honoring a Recipient’s requests or instructions related to a Transfer.

Neither we nor LumoXchange guarantee that Transfers will be completed within a specific time or by a specific date (you may, however, have certain error resolution rights for Transfers that are not completed in a timely manner). Although you will receive a disclosure of the date when your Transfer may be available to the Recipient, there are circumstances beyond our control and other circumstances that may cause the Transfer not to be completed by that date.

Although we will send an email and/or text message to notify the Recipient that the Transfer has been processed, you are solely responsible for all other communications with your Recipients about Transfers.

6. DOCUMENTATION

Details for your Payment Transactions will be listed on your Bank Account statements. We will provide you an electronic transfer confirmation and payment receipt for each Transfer. Please retain a copy of each transfer confirmation and payment receipt for your records. We will not send you a periodic statement listing your Transfers.

7. CANCELLATION; CANCELLED, RETURNED AND INCOMPLETE TRANSFERS

  1. What to do if you want to cancel a Transfer

    You have the right to cancel a Transfer and obtain a refund of all funds paid to us, including any fees. In order to cancel, you must contact us at support@lumoxchange.com or 1-877-629-2744 within 30 minutes of payment for the Transfer. (For this purpose, payment occurs when we receive your authorization to initiate your Payment Transaction from your Bank Account.) When you contact us, you must provide us with information to help us identify the Transfer you wish to cancel, including the amount and location where the funds were sent. We will refund your money within three business days of your request to cancel a transfer as long as the funds have not already been picked up or deposited into a Recipient’s account.

  2. Other Cancellations

    In some cases we may permit you to cancel a Transfer more than 30 minutes after payment (an “Other Cancellation”). We are not obligated to permit Other Cancellations and will not permit Other Cancellations if the transfer has already been picked up or deposited into a Recipient’s account. If we cancel the Transfer, we will refund your money reasonably promptly (generally, within 30 days).

  3. Returned and incomplete Transfers

    In some cases, we may not be able to complete a Transfer, a Transfer may be rejected or returned to us or a Transfer may not be picked up by the Recipient within a certain amount of time that we establish (collectively, “Incomplete Transfers”). In these cases, we will refund your money reasonably promptly (generally, within 30 days), except as otherwise required by applicable law.

  4. Refunds; Fees

    Refunds may be made by ACH transfer to your Bank Account in U.S. Dollars. We are not responsible for the acts or omissions of the Financial Institution holding your Bank Account, including improper posting by them. If permitted by applicable law, we may deduct all relevant fees and taxes from your refund. Unless otherwise required by applicable law: (i) we are not required to adjust refunds to account for changes in exchange rates since the date of your Transfer request; and (ii) if an Incomplete Transfer is returned to us in a foreign currency, we may convert those funds to U.S. Dollars at an exchange rate we select in good faith, which may not be as favorable as the original exchange rate.

8. Errors, Problems, and Unauthorized Transfers

  1. What to do if you think there has been an error or problem with a Transfer

    If you think there has been an error or problem with a Transfer:

    • Call us at 1-877-629-2744; or
    • Write us at LumoXchange, LLC. 417 Main St, Suite 326-7, Little Rock AR, 72201 Attn: Customer Support [; or]
    • Email us at support@lumoxchange.com

    You must contact us within 180 days of the date we told you that funds would be made available to the Recipient. When you do, please tell us:

    • (1) Your name, home address or email address and or telephone number;
    • (2) The error or problem with the Transfer, and why you believe it is an error or problem;
    • (3) The name of the person receiving the funds, and if you know it, his or her telephone number or address; and
    • (4) The dollar amount of the Transfer; and
    • (5) The confirmation code or number of the transaction.

    We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three 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.

  2. What to do if you think there has been an error or problem with a Payment Transaction

    ALL QUESTIONS ABOUT PAYMENT TRANSACTIONS INITIATED VIA THE SERVICE MUST BE DIRECTED TO US, AND NOT TO THE FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK ACCOUNT. We are responsible for the Service offered at this web site and for resolving any errors in Payment Transactions made with your login information.

    We will not send you a periodic statement listing Payment Transactions. The transactions will appear only on the statement issued by the financial institution holding your Bank Account. PRINT AND SAVE THE transfer confirmationS and payment receiptS YOU ARE GIVEN WHEN YOU USE OUR SERVICE, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR FINANCIAL INSTITUTION. If you have any questions about one of these transactions:

    • Call us at 1-877-629-2744; or
    • Write us at LumoXchange, LLC. 417 Main St, Suite 326-7, Little Rock AR, 72201 Attn: Customer Support [; or]
    • Email us at support@lumoxchange.com

    IF YOUR LOGIN INFORMATION IS LOST OR STOLEN, NOTIFY US AT ONCE by calling or writing to us at telephone number and address above.

  3. Unauthorized Transfers and Payment Transactions

    Tell us AT ONCE if you believe your login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Bank Account (plus your maximum overdraft line of credit). If you tell us within 4 business days after you learn of the loss or theft of your login information, you can lose no more than $50 if someone used your login information without your permission.

    If you do NOT tell us within 4 business days after you learn of the loss or theft of your login information, and we can prove we could have stopped someone from using your login information without your permission if you had told us, you could lose as much as $500.

    Also, if your Bank Account statement shows Payment Transactions that you did not make, tell us at once. If you do not tell us within 90 days after the statement was mailed to you, you may not get back any money you lost after the 90 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

    If you believe your log in information has been lost or stolen:

    • Call us at 1-877-629-2744; or
    • Write us at LumoXchange, LLC. 417 Main St, Suite 326-7, Little Rock AR, 72201 Attn: Customer Support [; or]
    • Email us at support@lumoxchange.com

9. RESTRICTIONS

  1. Restricted Markets. The Service is not available everywhere. The Service may only be used by lawful residents of the United States who access the Service from certain jurisdictions within the United States. The Service may only be used to make Transfers to lawful Recipients located in certain countries supported by LumoXchange.
  2. Service Availability. Neither the Service nor this website are guaranteed to be available 24 hours a day or seven days a week. Availability of Transfers may be restricted based on their amount, your location, the Recipient’s location, identification requirements, currency availability, regulatory issues, time zone differences and the availability of this web site, among other things.
  3. Unauthorized Transactions. You agree not to use the Service in violation of these Terms or applicable laws, rules and regulations. In addition, you shall not in any event use the Service in connection with:
    1. The purchase, sale or distribution of any prohibited or illegal good or service or any activity that requires a governmental
    2. The purchase, sale or distribution of marijuana or marijuana paraphernalia, regardless of whether or not such sale is lawful in your jurisdiction;
    3. The purchase, sale or distribution of firearms or other weapons, military or semi-military goods, military software or technologies, chemicals, prescription medications, seeds or plants, dietary supplements, alcoholic beverages, tobacco goods, jewels, precious metals or stones;
    4. The purchase sale or distribution of any material that promotes violence or hatred;
    5. The purchases, sale or distribution of adult content;
    6. The purchase, sale or distribution of goods or services thato violate the intellectual property rights of a third party;
    7. The purchase, sale or exchange of cryptocurrencies;
    8. Any ponzi-scheme or pyramid selling;
    9. Funding of terrorist organizations;
    10. Gambling; or
    11. Regulated financial services that you may provide.
    The Service is not intended as an escrow service and you agree not to use it as such.
  4. Purchase Transactions.We have no control over, and are not responsible for, the quality, safety, legality, or delivery of goods or services that you may pay for using the Service. Use of the Service to pay for purchases is at your own risk. Please be cautious of deals or offers that seem too good to be true. Remember, we cannot get your money back from the Recipient of your Transfer.
  5. Personal User; No Use for Others.The Service is not intended for use in connection with the operation of a business of any kind. You agree not to request us to send a Transfer on behalf of any other person or entity, regardless of whether that person or entity is related to you, whether you own the entity or whether you are acting as their agent.
  6. Additional Restricted Activities.You agree to comply with these Terms and to follow the instructions for use of the Service that are disclosed to you from time to time (such as on the website). You further agree: (i) not to register with us more than once or attempt to open more than one account with us; (ii) not to exceed, evade or otherwise circumvent structure your Transfer requests to avoid our Transfer limits; (iii) not to provide false, inaccurate, or misleading information; (iv) to cooperate in any investigation as we request; (v) to provide any confirmation that we request of your identity or any other information you have provided to us; (vi) not to conceal your location or IP address, use an anonymizing proxy or otherwise attempt inhibit our ability to monitor and record your use of the Service; (vii) not to use the Service to obtain a cash advance from your credit card (or help others to do so); or (viii) not to use any robot, spider, screen scraper or other device or manual process to access, monitor or copy the Service or our website.

10. COLLECTION AND USE OF INFORMATION

We will disclose information to third parties about Transfers you make: (i) where it is necessary for completing Transfers, or (ii) in order to verify the existence and condition of your account for a third party when appropriate, or (iii) in order to comply with government agency or court orders, or (iv) if you give us your written permission. For additional information, please see our Privacy Policy and Bear State's Privacy Policy .

We may provide information about you and your Transfers to government authorities as permitted or required by law. We use reasonable efforts to comply with applicable U.S. and international sanctions relevant to your Transfers. Among other things, this means we may place a hold on your funds and Transfers in certain circumstances. We may cooperate with law enforcement to the fullest extent allowed by law.

11. CHANGES

We reserve the right at any time, and from time to time, to modify or discontinue the Service without advance notice. We may unilaterally change these Terms at any time. This includes modifications, deletions and the addition of new provisions, including non-financial provisions (for example, we may add provisions relating to your or our enforcement rights and to the resolution of claims and disputes). If we make changes, we will give you if and as required by law. Unless we explain otherwise in a change in terms notice, changes will be automatically effective on the date we specify and without the necessity of any further assent on your part. If you disagree with a change you should stop using the Service. You can review the most current version of these Terms at any time by reviewing this website. If you use the Service after the effective date of any change, you shall be deemed to have accepted that change. You have no right to change these Terms.

12. INTELLECTUAL PROPERTY

The Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well the copyrights, trademarks, service marks, logos, and product and service names used in connection with the Service are owned exclusively by us and/or LumoXchange (the "Intellectual Property"). You agree not to display, use, copy, or modify the Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You agree not to remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof). You agree not to infringe or misappropriate our, LumoXchange’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

13. LINKS

THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD PARTIES. WE DISCLAIM LIABILITY FOR ANY AND ALL INFORMATION, MATERIALS, PRODUCTS AND SERVICES OFFERED OR ADVERTISED AT ANY THIRD PARTY SITE LINKED TO THIS SITE. BY CREATING A LINK TO A THIRD PARTY SITE, WE DO NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR ADVERTISED ON THE OTHER SITE NOR DO WE WARRANT THAT ANY INFORMATION CONTAINED ON THE OTHER SITE IS ACCURATE OR COMPLETE. WE DISCLAIM ANY AND ALL RESPONSIBILITY FOR: (i) THE INFORMATION CONTAINED AT ANY THIRD PARTY SITE; AND (ii) THE PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT ANY THIRD PARTY SITE. THIRD PARTIES MAY HAVE PRIVACY POLICIES DIFFERENT FROM OURS AND THIRD PARTY WEB SITES MAY PROVIDE LESS SECURITY THAN OUR WEBSITE.

14. DISCLAIMER OF WARRANTIES; TIMING OF TRANSFERS

THE SERVICE, THIS WEBSITE AND ALL CONTENT, INFORMATION, LINKS, TOOLS, CALCULATORS, FUNCTIONALITY AND OTHER MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. NEITHER WE NOR LUMOXCHANGE WARRANT THE ACCURACY, ADEQUACY, TIMELINESS OR COMPLETENESS OF ANY CONTENT, INFORMATION, LINKS, TOOLS, CALCULATORS, FUNCTIONALITY OR OTHER MATERIALS AND WE EXPRESSLY DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS THEREIN. WE DISCLAIM ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY STATE TO STATE.

NEITHER WE NOR LUMOXCHANGE GUARANTEE THE CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET. NEITHER WE NOR LUMOXCHANGE GUARANTEE THAT THIS WEBSITE WILL OPERATE IN A MANNER THAT IS 100% SECURE. IT IS UP TO YOU TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT WHAT YOU ACCESS AND USE FROM THIS SITE IS FREE OF ITEMS OF A DESTRUCTIVE NATURE SUCH AS VIRUSES, WORMS AND TROJAN HORSES. NEITHER WE NOR LUMOXCHANGE ARE RESPONSIBLE FOR MATTERS OUTSIDE OF OUR CONTROL, INCLUDING TECHNICAL, HARDWARE, OR SOFTWARE FAILURES OF ANY KIND, NETWORK CONNECTIONS, LOST, INCOMPLETE, GARBLED, OR DELAYED COMMUNICATIONS OR DATA TRANSMISSIONS, INCORRECT INFORMATION THAT YOU PROVIDE, ANY RECIPIENT’S OBLIGATIONS TO YOU, OR ANY ACTS OR OMISSIONS OF THE RECIPIENT OR ANY PERSON OR ENTITY ACTING ON BEHALF OF THE RECIPIENT. YOU AGREE THAT NEITHER WE NOR LUMOXCHANGE ARE LIABLE FOR HONORING THE REQUESTS OR INSTRUCTIONS OF YOUR RECIPIENTS.

If we do not initiate the Payment Transaction from your Bank Account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: (1) if, through no fault of ours, you do not have enough money in your Bank Account to cover the Payment Amount; (2) if the Payment Transaction would go over the credit limit on your overdraft line; (3) if the Service or this web site is not working properly and you knew about the breakdown when you started the transfer; (4) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; or (5) if these Terms provide otherwise. As noted above, we reserve the right to reject Transfer Requests. If we do, we are not required to complete your Payment Transaction.

15. INDEMNITY

You agree to indemnify, defend and hold us, LumoXchange, and our respective service providers, affiliates, officers, directors, agents, and employees harmless from and against any claim or demand made by: (i) any third party which arises out of or relates to your Transfers, your access to or use of the Service, your breach of these Terms, or your violation of any that third party’s rights; (ii) your Recipients. We reserve the right to assume exclusive control of the defense of any claim or demand referenced in this paragraph.

16. LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL WE, LumoXchange, OR our respective service providers, affiliates, officers, directors, agents OR employees BE LIABLE FOR LOSSES, COSTS, EXPENSES OR DAMAGES IN EXCESS OF $500 PLUS THE TRANSACTION AMOUNT AND FEES WHICH RELATE TO OR ARISE OUT OF YOUR TRANSFERS, YOUR USE OF THE SERVICE OR ACCESS TO THIS WEBSITE, YOUR INABILITY TO USE OR ACCESS THE SERVICE OR THIS WEBSITE, ANY ERRORS IN THE CONTENT OF INFORMATION AVAILABLE ON THIS WEBSITE, ANY COMPUTER VIRUS OR OTHER HARMFUL CODE THAT MAY IMPACT YOU OR YOUR SYSTEMS, ANY OTHER FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY RELATING TO THE TRANSFERS, THE SERVICE OR THIS WEBSITE, OR ANY COMMUNICATION OR SYSTEM FAILURE. THESE LIMITATIONS APPLY REGARDLESS OF THE CHARACTER OF THE DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR LOST SAVINGS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Regardless of any law, rule or regulation to the contrary, any claim arising out of or related to your use of or access to this website must be filed within one year after the claim arose or be forever barred.

17. DISPUTE RESOLUTION AND GOVERNING LAW

  1. Governing Law. These Terms and the transaction contemplated hereby shall be governed by and construed in accordance with the domestic laws of the State of Arkansas without giving effect to choice of law principles that would cause the application of the laws of any other jurisdiction. Each party hereby irrevocably submits to the jurisdiction of the state and federal courts sitting in Little Rock, Arkansas and agrees that any action or proceeding arising out of or related to this Agreement shall be commenced and maintained exclusively in such courts. Each Party waives any defense of an inconvenient forum in any such action or proceeding.
  2. Disputes. If a dispute arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes regarding the Service may be reported to Customer Service online via email at support@lumoxchange.com; by telephone at 1-877-629-2744; or by mail at LumoXchange LLC, attn: Customer Service, 417 Main St, Suite 326-7, Little Rock AR, USA.,
  3. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  4. Improperly Filed Litigation. All claims you bring against us or LumoXchange must be resolved in accordance with this section of these Terms. All claims filed or brought contrary to this section shall be considered improperly filed, and a breach of these Terms. Should you file a claim contrary to this section, we and LumoXchange may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that you have been notified in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

18. ELECTRONIC AND MOBILE COMMUNICATIONS

By registering for the Service, you are agreeing to conduct business with us electronically. You acknowledge that these Terms of Use shall be entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means: (i) these Terms of Use and any amendments, modifications or supplements to it; (ii) your records of Transfers and other transactions conducted using the Service; (iii) any initial, prepayment, receipt, periodic, and other disclosures or notices provided in connection with the Service, including those required by federal or state law; (iv) any customer service communications, including communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service.

You agree, by providing your phone number and registering for the Service, that we may contact you by telephone or text message at the number you provide for the purpose of processing your [transaction]. You acknowledge and agree that you are enrolling to receive automated text messages. If you initiate multiple transactions, you may receive multiple messages from us because your confirmation is needed for each transaction. YOUR SERVICE PROVIDER’S MESSAGE AND DATA RATES MAY APPLY IN CONNECTION WITH THE SERVICE.

By registering for the Service and providing your phone number, you acknowledge and certify: (i) you are the account holder for the phone number you provide or (ii) if a third-party’s number, you have the proper authorization and permission from the third party account holder to use such phone number in connection with the Service. We reserve the right to terminate your use of the Service without notice in the event of unauthorized or fraudulent use of a phone number, whether actual or suspected.

The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service will be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of these Terms of Use.

19. MISCELLANEOUS

There Terms are the entire and exclusive agreement of the parties regarding the subject matter hereof and supersede all prior communications and agreements regarding such subject matter. These Terms shall be deemed drafted by both Parties and shall not be interpreted strictly for or against either party. An electronic copy of these Terms shall be deemed to be an original of the Agreement for all purposes. Your rights and obligations hereunder may not be transferred or assigned to any third party without our prior written consent. These Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. Except for LumoXchange, no third party may rely upon or enforce the terms of these Terms and there are no third party beneficiaries. Each party waives its rights to a trial by jury of any claim arising out of or related to these Terms, whether with respect to contract claims, tort claims, or otherwise. No waiver of the terms of these Terms shall be effective unless in writing and signed by an authorized officer of the waiving party. Any such waiver will not preclude a party from enforcing its rights with respect to later occurrences and will not be sufficient to modify these terms on a going forward basis. No course of dealing and no failure or delay of a party to exercise any right, power or privilege under these Terms shall affect any other or future exercise thereof or the exercise of any other right, power or privilege. If any term of these Terms is found to be invalid, illegal or unenforceable, the remaining terms shall remain in effect. The terms “includes” and “including” mean includes or including, but not limited to. For purposes of these Terms, our business days are Monday through Friday. Holidays are not included. In the event there is any inconsistency between the English and Spanish or other language text on this website, including the Terms of Use, the English text shall be controlling.

CONTACT INFORMATION

If you have any problems using the service, you should contact LumoXchange Support at 1-877-629-2744 or support@lumoxchange.com Any notice of legal claim or other process pursuant to this Agreement shall be delivered via email to support@lumoxchange.com or via post to:

LumoXchange, LLC.
417 Main St, Suite 326-7,
Little Rock AR, 72201
Attn: Customer Support


COMPLAINTS

For complaints, contact:

Consumer Financial Protection Bureau
Tel: 855-411-2372 or 855-729-2372 (TTY/TDD)
www.consumerfinance.gov
Arkansas State Bank Department
Tel: 501-324-9019
http://banking.arkansas.com