Website Terms Of Use
Last Updated: May 31, 2016
Please read these terms and conditions carefully before using this site.
Terms of Use Agreement
These Terms of Use (together with the documents referred to in it) explains the terms on which you may visit and/or make use of the website located at www.ofx.com/en-us (the, “Site”), whether as a guest or a registered user. Use of our Site includes accessing, browsing, registering to use our services, and using our website for currency exchange and payment services. By using our Site, you confirm that you accept these terms and that you agree to comply with them. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SITE.
OFX reserves the right, in its sole discretion, to amends these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Other Applicable Terms And Conditions
The following terms also govern and apply to your use of our site, and they are incorporated herein by reference:
- Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- E-Sign Consent Agreement which you must agree to prior to the use of any products or services provided by us and the Site.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Ownership Rights; Use of Site
All graphics, text, button icons, images, user interfaces, photographs, trademarks, logos, artwork and computer code (collectively, “Content”), including the “look and feel” and arrangement of Content, is owned or licensed by OFX and is protected by United States and international laws. You may not reproduce, republish, publicly display, or distribute to any other website, server, or other medium for publication for any commercial purpose, without our express written consent. You must not modify any paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Content must always be acknowledged. If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Prohibited Uses
You may not use any automatic device, program, algorithm or methodology or similar manual process to access, copy or monitor any portion of the Site or Content.
You may not breach the security or authentication measures of the Site or attempt to gain unauthorized access to the Site. You many not reverse trace or attempt to trace any information on any other user or visitor to the Site.
You may not interfere or attempt to interfere with the proper operation of the Site or any transaction conducted on the Site.
You may not forge or replicate headers or otherwise manipulate identifiers in order to disguise the origin of any message you send to us on or through the Site. You may not pretend that you are, or that you represent someone else, or impersonate any other individual or entity when using this Site or the features, products or services offered through the Site.
Account and Password Security
Services on or through our Site require that you open an account, which includes setting up a username and password. You are solely responsible for maintaining the confidentiality of your username, password and any other information you hold for your account. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms. If you know or suspect unauthorized use of your account or password, or any other breach of security, you must contact OFX immediately.
No Reliance on Information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, or up-to-date.
Modifications To Our Site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
Disclaimer
OFX DOES NOT WARRANT THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OFX CANNOT ENSURE THAT ANY FILES OR OTHER DATA THAT YOU DOWNLOAD FROM THIS SITE WILL BE FREE OF VIRUSES OR CONTAMINATION. OFX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTEIS OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OFX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE OR ANY OFX SERVICE. YOUR SOLE REMEDY AGAINST OFX FOR DISSATISFACTION WITH THIS SITE OR ANY CONTENT IS TO STOP USING THE SITE.
Limitation Of Liability
Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, or punitive damages including lost profits, loss of business opportunity or loss of anticipated savings even if we have been advised of the possibility of such damages.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, our site; or (ii) use of or reliance on any content displayed on our site.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
Third-Party Sites
This Site may contain links to other independent websites operated by an unrelated third party (“Third-Party Sites”). Such Third-Party Sites are provided solely as a convenience to you. We have no control over the contents of such Third-Party Sites and we assume no responsibility for nor endorse any content included on any Third-Party Site. You must exercise your own independent judgment in deciding whether to interact or use a Third-Party Site. We will not be liable for any loss or damage that may arise from your interaction or use of them.
Governing Law
You agree that all matter arising out of or relating to your use of our Site, including all disputes, will be governed by the laws of the State of California without regard to is conflict of law provisions. You hereby submit to the personal jurisdiction of the courts of San Francisco County, California, and waive any objection to such jurisdiction or venue. Any claim related to these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
Dispute Resolution
In the event of controversy or dispute between OFX and you arising out of or related to your use of our Site, the parties shall attempt to promptly and in good faith resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time, then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
The Site may be administered and operated from various locations outside the United States. Although the Site may be accessible worldwide, not all features, products and services provided through the Site are available to all persons or all geographic locations. OFX reserves the right to limit, in its sole discretion, the provision of any feature, product or service to any person or geographic area. Any offer for any feature, product or service is void where prohibited.
Contact Us
To provide feedback or for other inquires please contact us at compliance@ofx.com.