This agreement (“Agreement”) governs your use of the RMOPay digital payment platform operated by RMO Corporation and its subsidiaries. Please read this Agreement carefully before enrolling in or using RMOPay.
1.1 Agreement to Terms. By creating an RMOPay account, accessing the RMOPay platform, or initiating, sending, receiving, or requesting any payment or transfer through RMOPay, you (“User,” “you,” or “your”) agree to be bound by this Agreement, including all terms, conditions, policies, and disclosures incorporated herein by reference. If you do not agree to all terms of this Agreement, you must not use RMOPay.
1.2 Parties. This Agreement is between you and RMO Corporation, a Delaware corporation, doing business as RMO, together with its subsidiaries, affiliates, successors, and assigns (collectively, “RMO,” “we,” “us,” or “our”). RMOPay payment services are provided by RMO Banking, a subsidiary of RMO Corporation.
1.3 Supplemental Agreements. Your use of RMOPay is also subject to the General Terms & Conditions, Privacy Notice, Online Access Agreement, and any product-specific agreements associated with the Linked Account(s) you use with RMOPay. In the event of a conflict between this Agreement and any supplemental agreement, this Agreement shall prevail with respect to the RMOPay service.
1.4 Electronic Agreement. By using RMOPay, you consent to this Agreement being provided electronically and acknowledge that this electronic Agreement has the same legal force and effect as a paper agreement bearing your handwritten signature. You may request a paper copy by contacting us at (888) 764-3448.
As used in this Agreement, the following terms shall have the meanings set forth below:
“Authorized User” means the individual who has been granted permission by the Account Holder to access and use RMOPay under the Account Holder’s RMOPay Account, subject to the limitations established by the Account Holder and this Agreement.
“Business Day” means Monday through Friday, excluding federal holidays observed by RMO, between the hours of 8:00 AM and 5:00 PM Pacific Time.
“Linked Account” means any RMO checking account, savings account, money market account, or other eligible deposit account or payment instrument that you have connected to your RMOPay Account for the purpose of funding Transactions or receiving proceeds.
“Payment Instruction” means any instruction you submit through RMOPay to send, receive, request, or schedule a payment or transfer, whether initiated through the MyRMO mobile application, website, or any other authorized access channel.
“Recipient” means the individual, entity, or merchant designated to receive funds in a Transaction.
“RMOPay Account” means the account created when you enroll in the RMOPay service, which is linked to your RMO membership and used to initiate and manage Transactions.
“RMOPay Balance” means funds held within your RMOPay Account that are available for Transactions. The RMOPay Balance is not a deposit account and is not insured by the Federal Deposit Insurance Corporation (FDIC) or any other governmental agency.
“Sender” means the individual or entity initiating a Transaction to transmit funds to a Recipient.
“Transaction” means any payment, transfer, request for payment, or other financial transaction initiated through the RMOPay platform, including but not limited to person-to-person transfers, merchant payments, bill payments, and transfers between Linked Accounts.
3.1 Eligibility Requirements. To enroll in and use RMOPay, you must: (a) be at least eighteen (18) years of age or the age of majority in your jurisdiction of residence, whichever is greater; (b) be a current RMO member in good standing with an active membership; (c) maintain at least one eligible Linked Account; (d) be a resident of the United States, including its territories; (e) have a valid, verifiable U.S. mailing address; (f) have a valid email address and mobile phone number capable of receiving SMS messages; and (g) not have had an RMOPay Account previously terminated by RMO for violation of this Agreement.
3.2 Identity Verification. As a condition of enrollment and continued use, you agree to provide accurate and complete information for identity verification purposes. We may verify your identity using information you provide, information obtained from third-party identity verification services, consumer reporting agencies, and public databases. We may request additional documentation at any time, including but not limited to government-issued photo identification, proof of address, and Social Security number verification. Failure to provide requested verification information may result in the suspension or termination of your RMOPay Account.
3.3 Account Registration. You may register for RMOPay through the MyRMO mobile application or at rmous.org. During registration, you will be required to create or confirm security credentials, link at least one eligible account, and accept this Agreement and all applicable disclosures. You are responsible for maintaining the accuracy of your registration information and must promptly update any changes through MyRMO.
3.4 One Account Per Individual. Each eligible individual may maintain only one (1) RMOPay Account. Maintaining multiple RMOPay Accounts is a violation of this Agreement and may result in the immediate suspension or termination of all associated accounts and forfeiture of any RMOPay Balance.
3.5 Authorized Users. You may authorize additional individuals to access your RMOPay Account, subject to the authorization controls available within MyRMO. You are fully responsible and liable for all Transactions and activity conducted by Authorized Users on your account, regardless of whether such activity was within the scope of authorization you intended to grant.
3.6 Account Security. You are solely responsible for maintaining the confidentiality and security of your RMOPay Account credentials, including your username, password, PIN, biometric authentication data, and any one-time passcodes or verification codes. You agree to: (a) not share your credentials with any person other than an Authorized User; (b) immediately notify RMO at (888) 764-3448 if you suspect unauthorized access to your account; (c) enable multi-factor authentication when prompted; and (d) use only secure, trusted devices and networks to access RMOPay. RMO shall not be liable for any loss arising from your failure to comply with this Section 3.6.
4.1 Description of Services. RMOPay enables you to: (a) send payments to other RMOPay users (“Person-to-Person Transfers”); (b) receive payments from other RMOPay users; (c) request payments from other RMOPay users; (d) make payments to participating merchants and service providers (“Merchant Payments”); (e) make payments for RMO products and services across all divisions; (f) transfer funds between your Linked Accounts; and (g) maintain an RMOPay Balance for use in future Transactions, subject to the limitations set forth herein.
4.2 Initiating Transactions. You may initiate a Transaction by submitting a Payment Instruction through the MyRMO mobile application or website. Each Payment Instruction must include: (a) the Recipient’s name, email address, mobile phone number, or RMOPay identifier (as applicable); (b) the Transaction amount; and (c) the funding source (Linked Account or RMOPay Balance). By submitting a Payment Instruction, you authorize RMO to debit the specified amount from your designated funding source and credit it to the Recipient.
4.3 Irrevocability of Transactions. ONCE YOU SUBMIT A PAYMENT INSTRUCTION AND THE TRANSACTION HAS BEEN INITIATED, THE TRANSACTION CANNOT BE REVERSED, CANCELLED, OR RECALLED, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW. You acknowledge and agree that you bear the risk of sending a payment to an incorrect Recipient. It is your sole responsibility to verify the accuracy of all Recipient information before submitting a Payment Instruction. RMO is under no obligation to reverse a completed Transaction, even if you claim the Transaction was made in error, unless required by applicable law.
4.4 Pending and Unclaimed Transactions. If you send a payment to a Recipient who is not currently enrolled in RMOPay, the Recipient will receive a notification and will have fourteen (14) calendar days to enroll and claim the payment. If the Recipient does not claim the payment within fourteen (14) calendar days, the Transaction will be automatically cancelled and the funds will be returned to your funding source. Pending Transactions may be cancelled by the Sender before the Recipient claims the payment.
4.5 Scheduled and Recurring Transactions. You may schedule Transactions for future dates or establish recurring Transactions through MyRMO. Scheduled and recurring Transactions will be processed on the designated date, provided sufficient funds are available in the designated funding source. You may modify or cancel a scheduled or recurring Transaction at any time prior to the scheduled processing date. RMO is not liable for Transactions that fail due to insufficient funds, a closed or restricted Linked Account, or other circumstances beyond our control.
4.6 Transaction Processing Times. Person-to-Person Transfers between enrolled RMOPay users are typically processed and available to the Recipient within minutes, but may take up to one (1) Business Day in certain circumstances. Transfers funded from a Linked Account may take one (1) to three (3) Business Days to settle. Merchant Payments are typically processed in real time. RMO does not guarantee any specific processing time and shall not be liable for delays caused by the receiving financial institution, network outages, system maintenance, fraud review holds, or regulatory requirements.
4.7 Transaction Receipts. A confirmation will be provided for each Transaction via the MyRMO application, email, or push notification, as applicable. Transaction history is available within MyRMO for a minimum of twenty-four (24) months. You agree that electronic confirmations constitute valid receipts under applicable law.
5.1 Standard Transaction Limits. The following standard Transaction limits apply to all RMOPay Accounts, unless otherwise modified pursuant to Section 5.2:
| Transaction Type | Per Transaction | Daily Limit | Weekly Limit | Monthly Limit |
|---|---|---|---|---|
| Person-to-Person (Send) | $2,500 | $5,000 | $15,000 | $25,000 |
| Person-to-Person (Receive) | $2,500 | $10,000 | $25,000 | $50,000 |
| Merchant Payments | $5,000 | $10,000 | $25,000 | $50,000 |
| RMOPay Balance (Load) | $5,000 | $5,000 | $15,000 | $25,000 |
| RMOPay Balance (Maximum) | $25,000 at any time | |||
5.2 Limit Modifications. RMO reserves the right to modify Transaction limits at any time, with or without prior notice, based on factors including but not limited to: your membership tier, account history, verification level, risk assessment, regulatory requirements, and fraud prevention considerations. Higher limits may be available to eligible members upon request and verification. RMO may also impose temporary lower limits on new accounts during an initial review period of up to ninety (90) days.
5.3 Holds and Reserves. RMO may place a hold on any Transaction or RMOPay Balance, in whole or in part, if we reasonably believe: (a) the Transaction may be unauthorized, fraudulent, or in violation of this Agreement; (b) the Transaction is subject to a dispute, chargeback, or reversal; (c) we are required to do so by applicable law, regulation, court order, or governmental directive; or (d) the hold is necessary to protect RMO, other users, or third parties from financial loss. We will notify you of any hold and provide information on how to resolve it, unless prohibited by law.
5.4 Declined Transactions. RMO may decline any Transaction at our sole discretion, including but not limited to Transactions that: (a) exceed applicable limits; (b) involve insufficient funds in the designated funding source; (c) are flagged by our fraud detection systems; (d) involve a suspended, restricted, or terminated account; (e) involve a Recipient or Sender on a sanctions list or otherwise prohibited by law; or (f) violate this Agreement or any applicable policy. RMO shall not be liable for any damages, losses, or costs arising from a declined Transaction.
6.1 Standard Fees. The following fees apply to RMOPay services:
| Service | Members | Non-Member Recipients |
|---|---|---|
| Person-to-Person (Send — Standard) | Free | N/A |
| Person-to-Person (Send — Instant) | 1.5% (min. $0.25, max. $15) | N/A |
| Receive Payments | Free | Free (enrollment required) |
| Merchant Payments | Free | N/A |
| Instant Transfer to Linked Account | 1.5% (min. $0.25, max. $15) | N/A |
| Standard Transfer to Linked Account | Free | N/A |
| RMO Service Payments | Free | N/A |
6.2 Fee Changes. RMO reserves the right to modify the fee schedule at any time. We will provide at least thirty (30) days’ advance notice of fee changes through MyRMO, email, or our website. Your continued use of RMOPay after the effective date of a fee change constitutes acceptance of the revised fee schedule.
6.3 Third-Party Fees. You may incur fees from third parties in connection with your use of RMOPay, including but not limited to data charges from your mobile carrier, fees assessed by your Linked Account provider for insufficient funds or overdrafts, and currency conversion fees for international Transactions. RMO is not responsible for any third-party fees.
6.4 Taxes. You are solely responsible for determining and paying any taxes applicable to Transactions you conduct through RMOPay. RMO may be required to report certain Transaction activity to the Internal Revenue Service (IRS) or other tax authorities and may issue Form 1099-K or other applicable tax forms if your Transaction activity meets the reporting thresholds established by applicable law.
7.1 Nature of Balance. THE RMOPAY BALANCE IS A STORED VALUE BALANCE AND IS NOT A DEPOSIT ACCOUNT. THE RMOPAY BALANCE IS NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC), THE NATIONAL CREDIT UNION ADMINISTRATION (NCUA), OR ANY OTHER GOVERNMENTAL AGENCY. THE RMOPAY BALANCE DOES NOT EARN INTEREST. By maintaining an RMOPay Balance, you acknowledge and accept these limitations.
7.2 Funding the Balance. You may add funds to your RMOPay Balance by transferring from a Linked Account, receiving Person-to-Person Transfers, or receiving refunds or credits. The maximum RMOPay Balance at any time is $25,000. Attempts to exceed this maximum will be declined.
7.3 Using the Balance. You may use your RMOPay Balance to fund Transactions, make Merchant Payments, pay for RMO products and services, or transfer funds to a Linked Account. The RMOPay Balance is available for use immediately upon credit to your account, subject to any holds described in Section 5.3.
7.4 Withdrawing Funds. You may withdraw all or part of your RMOPay Balance at any time by transferring to a Linked Account. Standard transfers are completed within one (1) to three (3) Business Days at no charge. Instant transfers are subject to the fee disclosed in Section 6.1 and are typically completed within minutes.
7.5 Pooling of Funds. We may commingle your RMOPay Balance with the funds of other users in one or more custodial accounts held at FDIC-insured financial institutions. While the custodial account may be FDIC-insured, individual RMOPay Balances are not insured. You agree that you have no ownership interest in the custodial account(s) and that RMO holds such funds as your agent.
7.6 Negative Balances. If your RMOPay Account has a negative balance for any reason (including but not limited to chargebacks, reversed Transactions, or fee assessments), you are obligated to immediately fund your account to bring the balance to zero or above. RMO may debit any Linked Account to recover a negative balance. If the negative balance remains for more than fifteen (15) calendar days, RMO may: (a) suspend your RMOPay Account; (b) report the amount as a debt owed; (c) engage a third-party collection agency; and (d) pursue all available legal remedies.
8.1 Regulation E Disclosure. To the extent that RMOPay Transactions constitute “electronic fund transfers” as defined under the Electronic Fund Transfer Act (15 U.S.C. § 1693 et seq.) and Regulation E (12 C.F.R. Part 1005), the protections, rights, and obligations set forth in those regulations apply to you and RMO with respect to such Transactions.
8.2 Reporting Unauthorized Transactions. If you believe an unauthorized Transaction has been made from your RMOPay Account, or that your credentials have been compromised, you must notify us IMMEDIATELY by calling (888) 764-3448 (available 24/7 for fraud reporting) or through the “Report Unauthorized Activity” feature in MyRMO. You may also write to us at: RMO Corporation, Attn: RMOPay Disputes, P.O. Box 764348, Los Angeles, CA 90076.
8.3 Your Liability for Unauthorized Transactions. Your liability for unauthorized Transactions depends on how quickly you notify us:
| Notification Timing | Your Maximum Liability |
|---|---|
| Before any unauthorized Transaction occurs | $0 |
| Within 2 Business Days of learning of loss/theft | $50 |
| More than 2 Business Days but within 60 calendar days of your statement | $500 |
| More than 60 calendar days after your statement | Unlimited (for Transactions after the 60-day period) |
8.4 Error Resolution Procedures. If you believe an error has occurred on your RMOPay Account (including an unauthorized Transaction, an incorrect Transaction amount, a Transaction not properly credited, or a missing or incorrect Transaction in your history), notify us within sixty (60) calendar days of the date the error appeared on your statement or Transaction history. When reporting an error, provide: (a) your name and RMOPay Account identifier; (b) a description of the error and why you believe it is an error; (c) the dollar amount of the suspected error; and (d) the approximate date of the error.
8.5 Investigation Timeline. We will investigate your complaint within ten (10) Business Days after receiving your notification and will correct any error within one (1) Business Day after determining that an error occurred. If we need more time, we may take up to forty-five (45) calendar days to investigate, provided that we provisionally credit your account within ten (10) Business Days for the amount of the suspected error. For new accounts (open less than 30 days), we may take up to twenty (20) Business Days to provisionally credit and up to ninety (90) calendar days to complete the investigation. We will notify you of the results of our investigation within three (3) Business Days of its completion.
8.6 Provisional Credits. If we provisionally credit your account during an investigation and subsequently determine that no error occurred, we will debit the provisionally credited amount from your account and provide you with at least five (5) Business Days’ written notice prior to the debit. You will have the right to request copies of the documents relied upon in making our determination.
9.1 Prohibited Uses. You agree that you will not use RMOPay to:
(a) Violate any applicable local, state, federal, or international law, statute, regulation, or ordinance;
(b) Engage in, facilitate, or support illegal gambling, unlicensed money transmission, money laundering, terrorist financing, or other financial crimes;
(c) Purchase or sell illegal drugs, controlled substances, or drug paraphernalia;
(d) Purchase or sell firearms, ammunition, explosives, or other weapons in violation of applicable law;
(e) Engage in Transactions involving obscene material, child exploitation material, or human trafficking;
(f) Operate a Ponzi scheme, pyramid scheme, or other fraudulent investment scheme;
(g) Circumvent, or attempt to circumvent, Transaction limits, fraud controls, or other security measures;
(h) Create or use multiple RMOPay Accounts, use another person’s account without authorization, or allow another person to use your account without proper authorization;
(i) Use RMOPay to accept payments for goods or services as a business or merchant without enrolling in the RMOPay Merchant Program;
(j) Send unsolicited payment requests or use RMOPay for spam, phishing, or social engineering;
(k) Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the RMOPay platform or any of its components;
(l) Use any automated means, including bots, scripts, or crawlers, to access or interact with RMOPay;
(m) Interfere with, disrupt, or attempt to gain unauthorized access to RMOPay systems, servers, or networks;
(n) Engage in any activity that creates a risk of harm, loss, or liability to RMO, other users, or third parties.
9.2 Enforcement. If we determine, in our sole discretion, that you have engaged in any prohibited activity, we may: (a) immediately suspend or terminate your RMOPay Account; (b) place a hold on your RMOPay Balance; (c) report the activity to law enforcement and regulatory authorities; (d) cooperate with any resulting investigation or legal proceeding; and (e) pursue all available legal remedies, including recovery of damages, costs, and attorneys’ fees.
10.1 Privacy. Your use of RMOPay is subject to our Privacy Notice and applicable regional privacy policies (U.S., Canada, Mexico). By using RMOPay, you consent to the collection, use, and disclosure of your personal and Transaction information as described in those policies and as necessary to provide the RMOPay service.
10.2 Transaction Data. We collect and retain information about all Transactions, including Sender and Recipient information, amounts, dates, times, funding sources, device information, IP addresses, and geolocation data. This data is used to process Transactions, prevent fraud, comply with legal obligations, improve our services, and as otherwise described in our Privacy Notice.
10.3 Information Sharing. We may share your information with: (a) RMO affiliates and subsidiaries; (b) financial institutions involved in processing your Transactions; (c) fraud prevention and identity verification services; (d) law enforcement and regulatory agencies as required or permitted by law; (e) Recipients and Senders as necessary to complete Transactions; and (f) service providers performing functions on our behalf. We do not sell your personal information to third parties for marketing purposes.
10.4 Communications. By enrolling in RMOPay, you consent to receive Transaction confirmations, alerts, notifications, account updates, and other communications via email, SMS, push notification, and in-app messaging. Standard messaging and data rates may apply. You may manage communication preferences in MyRMO, except that you may not opt out of Transaction confirmations, security alerts, or communications required by law.
10.5 Telephone Recording. You acknowledge and consent that RMO may monitor and record telephone calls between you and RMO for quality assurance, training, fraud prevention, and regulatory compliance purposes.
11.1 “As Is” Disclaimer. RMOPAY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. RMO DOES NOT WARRANT THAT RMOPAY WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RMO DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION PROVIDED THROUGH RMOPAY.
11.2 No Guarantee of Availability. RMO does not guarantee that RMOPay will be available at all times. We may suspend, restrict, or discontinue RMOPay, or any feature thereof, at any time without prior notice for maintenance, security, regulatory compliance, or any other reason. We shall not be liable for any interruption or unavailability of RMOPay.
11.3 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RMO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, REVENUE, BUSINESS OPPORTUNITY, OR USE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF RMOPAY, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF RMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.4 Maximum Aggregate Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RMO’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF RMOPAY SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL FEES PAID BY YOU TO RMO FOR RMOPAY SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE THOUSAND DOLLARS ($1,000.00).
11.5 Force Majeure. RMO shall not be liable for any failure or delay in the performance of its obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond RMO’s reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party systems or services.
11.6 Basis of the Bargain. You acknowledge and agree that the disclaimers and limitations of liability set forth in this Section 11 are essential elements of this Agreement and reflect a reasonable allocation of risk between the parties. RMO would not provide RMOPay to you without these limitations.
12.1 Your Indemnification Obligations. You agree to indemnify, defend, and hold harmless RMO, its directors, officers, employees, agents, affiliates, subsidiaries, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your use of or inability to use RMOPay; (b) your violation of this Agreement; (c) your violation of any applicable law or regulation; (d) your violation of any third-party rights; (e) any Transaction you initiate or receive through RMOPay; (f) any inaccuracy in information you provide to RMO; or (g) any activity conducted through your RMOPay Account, whether or not authorized by you.
12.2 Defense and Control. RMO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with RMO’s defense of such claims.
13.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or RMOPay (“Dispute”) by contacting RMO at (888) 764-3448 or by writing to: RMO Corporation, Attn: RMOPay Dispute Resolution, P.O. Box 764348, Los Angeles, CA 90076. RMO will attempt to resolve your Dispute informally within thirty (30) calendar days of receipt of your notice.
13.2 Binding Arbitration. IF A DISPUTE CANNOT BE RESOLVED INFORMALLY WITHIN THIRTY (30) DAYS, YOU AND RMO AGREE THAT ANY DISPUTE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT IF THE CLAIM QUALIFIES. Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator in the county of your residence or, at your election, by telephone or videoconference. The arbitrator shall apply the substantive law of the State of Delaware without regard to conflict-of-laws principles.
13.3 CLASS ACTION WAIVER. YOU AND RMO AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR MULTI-PARTY ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, REPRESENTATIVE, OR MULTI-PARTY PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.
13.4 JURY TRIAL WAIVER. BY AGREEING TO ARBITRATION, YOU AND RMO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT MEANS THAT NEITHER YOU NOR RMO WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR DISPUTES SUBJECT TO THIS ARBITRATION PROVISION.
13.5 Arbitration Fees. If the amount in controversy is $10,000 or less, RMO will pay all arbitration filing fees and arbitrator fees. If the amount exceeds $10,000, fees shall be allocated in accordance with the AAA Consumer Arbitration Rules. Each party shall bear its own attorneys’ fees unless the arbitrator determines that applicable law entitles the prevailing party to recover fees.
13.6 Statute of Limitations. Any Dispute must be filed within one (1) year after the date the Dispute first arose, or it shall be permanently barred. This limitation applies regardless of any statute of limitations that would otherwise apply.
13.7 Opt-Out Right. You may opt out of the arbitration and class action waiver provisions of this Section 13 by sending written notice to RMO within thirty (30) calendar days of your initial enrollment in RMOPay. The notice must include your name, address, RMOPay Account identifier, and a clear statement that you wish to opt out of the arbitration provision. Mail to: RMO Corporation, Attn: RMOPay Arbitration Opt-Out, P.O. Box 764348, Los Angeles, CA 90076. Opting out will not affect any other provisions of this Agreement.
14.1 Termination by You. You may terminate your RMOPay Account at any time by contacting member services at (888) 764-3448, through MyRMO, or in writing. Upon termination, you must withdraw any remaining RMOPay Balance to a Linked Account. If you do not withdraw your balance within thirty (30) calendar days of termination, RMO will transfer the remaining balance to your primary Linked Account, or if no eligible Linked Account exists, issue a check to your address of record.
14.2 Termination by RMO. RMO may suspend or terminate your RMOPay Account at any time, with or without cause, and with or without prior notice, including but not limited to circumstances where: (a) you violate this Agreement or any applicable law; (b) we are required to do so by law, regulation, or court order; (c) we reasonably suspect fraud, unauthorized use, or other illegal activity; (d) your RMO membership is terminated or no longer in good standing; (e) you maintain a negative balance for more than fifteen (15) calendar days; (f) we discontinue the RMOPay service; or (g) continued operation of your account poses a risk to RMO or other users.
14.3 Effect of Termination. Upon termination: (a) your right to use RMOPay immediately ceases; (b) all pending Transactions may be cancelled; (c) any RMOPay Balance will be returned to you as described in Section 14.1, less any amounts owed to RMO; (d) RMO may retain Transaction data as required by law for a minimum of five (5) years; and (e) Sections 6 (fees owed), 8 (liability), 9 (prohibited activities), 11 (disclaimers), 12 (indemnification), 13 (arbitration), and 15 (general provisions) shall survive termination.
15.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles, except to the extent preempted by federal law.
15.2 Amendments. RMO may amend this Agreement at any time by posting the revised Agreement on our website and notifying you through MyRMO, email, or other appropriate means at least thirty (30) days before the effective date of the amendment, unless a shorter notice period is permitted by law. Your continued use of RMOPay after the effective date of an amendment constitutes your acceptance of the amended Agreement. If you do not agree to an amendment, you must cease using RMOPay and terminate your account before the effective date.
15.3 Assignment. You may not assign, transfer, or delegate this Agreement or any of your rights or obligations hereunder without the prior written consent of RMO. RMO may assign this Agreement, in whole or in part, to any affiliate, subsidiary, or successor entity without your consent.
15.4 Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.
15.5 Waiver. The failure of RMO to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of RMO to be effective.
15.6 Entire Agreement. This Agreement, together with the supplemental agreements referenced in Section 1.3 and any amendments, constitutes the entire agreement between you and RMO with respect to RMOPay and supersedes all prior or contemporaneous communications, representations, and agreements, whether oral or written, relating to RMOPay.
15.7 Intellectual Property. RMOPay, the RMOPay logo, MyRMO, and all related trademarks, service marks, trade names, logos, and other intellectual property are the property of RMO Corporation or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use RMOPay solely for personal, non-commercial purposes in accordance with this Agreement. All rights not expressly granted herein are reserved by RMO.
15.8 Compliance with Law. RMOPay is designed to comply with applicable federal and state laws, including the Electronic Fund Transfer Act, Regulation E, the Bank Secrecy Act, the USA PATRIOT Act, and applicable state money transmission laws. You agree to comply with all applicable laws in connection with your use of RMOPay, including anti-money laundering laws, sanctions regulations, and tax reporting requirements.
15.9 Contact Information. For questions, complaints, or inquiries about this Agreement or RMOPay:
RMO Corporation
Attn: RMOPay Services
P.O. Box 764348
Los Angeles, CA 90076
Phone: (888) 764-3448
Online: rmous.org/company/contact-us
If you have questions about this Agreement, your RMOPay Account, or a Transaction, our team is here to help.
