PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY, WHICH GOVERN YOUR USE OF THE WESTERN UNION DEVELOPER PORTAL, INCLUDING ANY AND ALL SYSTEMS, SERVICES, INFORMATION AND OTHER MATERIALS MADE AVAILABLE TO YOU BY WESTERN UNION IN CONNECTION WITH OR THROUGH SUCH DEVELOPER PORTAL, INCLUDING ALL APPLICATION PROGRAMMING INTERFACES (“APIs”) AND SANDBOX ENVIRONMENTS FOR TESTING YOUR APPLICATIONS FOR USE WITH SPECIFIED WESTERN UNION SERVICES (COLLECTIVELY, THE “PORTAL”). THESE TERMS SHALL APPLY AND BECOME BINDING ON YOU AND THE COMPANY THAT EMPLOYS YOU OR THAT YOU REPRESENT (COLLECTIVELY, “YOU”) AND REPRESENT A LEGAL AGREEMENT BETWEEN YOU AND WESTERN UNION FINANCIAL SERVICES, INC. ON THE FIRST DATE THAT YOU ACCESS OR USE ANY PART OF THE PORTAL OR OTHERWISE ACCEPT THESE TERMS.

IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE PORTAL.

1. Changes to Terms; Additional Terms

Western Union may make changes to these Terms from time to time. Any changes to these Terms will be posted on the Portal and Western Union will indicate the date the Terms were last updated at the top of the updated version of these Terms. You understand and agree that your continued use of the Portal after Western Union has made any such changes constitutes your acceptance of the new Terms. If Western Union makes any material changes to these Terms, Western Union will make a reasonable effort to inform you of such changes. However, it is your responsibility to review the Terms posted to the Portal from time to time to see if they have been updated. Please note that certain services, programs, software or systems of Western Union may be governed by additional or separate terms, conditions or policies. In the event of any conflict between these Terms and any other terms, conditions or policies, such other term, condition, or policy will govern solely with respect to those services, programs, software or systems of Western Union.

2. Privacy Statement

Please click here to view our Developer Portal Privacy Statement, which applies to personal information obtained by Western Union in connection with the Portal.

3. Account Creation

In order to use the Portal you must register for an account through the Western Union Partnership Program ("Account"). Instructions for getting an Account provisioned and other program details may be accessed through this link. You understand and agree that Western Union may require you to submit certain information about you during the application process for the purpose of considering your eligibility for an Account and to authenticate your identity.

You represent and warrant that any information you provide to Western Union is accurate, current and complete and that you will maintain and promptly update your information to keep it accurate, current and complete. If any information you provide to Western Union is inaccurate, not current, or incomplete, Western Union reserves the right to terminate your use of the Portal and these Terms with or without prior notice to you. Western Union may share such information with third parties in the provision, administration and management of the Portal, and in evaluating your eligibility to use the Portal, as further described in our Developer Portal Privacy Statement. Western Union reserves the right to approve, decline, suspend or terminate your Account at any time in its sole discretion.

You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual. You are responsible for maintaining the confidentiality of your Account, password (including any related security questions and answers) and any API key we provide to you, and for restricting access to your computer or other device used to access your Account. You agree that you are solely responsible for any activities or actions taken under your Account, whether or not authorized by you. You shall notify Western Union immediately of any unauthorized use of your Account login credentials. WESTERN UNION IS NOT LIABLE FOR ANY LOSS OR DAMAGE FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

4. Links to Third Party Sites

The Portal 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. Links do not imply that Western Union is associated with or 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.

5. Termination by Western Union; Surviving Terms

Western Union reserves the right, in its sole discretion, to limit or terminate or suspend your access to or use of the Portal, in whole or in part, at any time without notice. Termination of such access or use will not waive or affect any other right or relief to which Western Union may be entitled at law or in equity. Upon any such termination or suspension, your right to use the Portal will immediately cease and you must discontinue use of the Portal, including all APIs and materials provided through the Portal. Western Union reserves the right to immediately and permanently deactivate your Account and delete any information or content stored through your Account. The following Sections will survive any termination or expiration of these Terms: Sections 1, 2, 5, 6, 11, 12, 14, 15, 17, 18, 19, 20, 21 and 23.

6. Portal Content

All content on the Portal, including but not limited to APIs, documentation, text, graphics, images, software, features, tools, code, information and other content (collectively, the “Content”), is the property of Western Union, its affiliates or licensors and is protected under United States and foreign copyright laws and other laws. In connection with your use of the Portal, Western Union grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use, reproduce and create derivative works of the Content solely for the purpose of developing and testing software applications you develop to interoperate with Western Union services through Western Union’s APIs (“Applications”), subject to your compliance with these Terms and any instructions and rules we provide to you in connection with the Western Union Partnership Program. Western Union may revoke this license at any time for any or no reason. Other than as expressly permitted in these Terms or the applicable Content, any other use, modification, distribution or display of the Portal or Content is expressly prohibited, unless you have obtained Western Union’s prior written consent. Use of Content on any online or digital platform or in a networked environment other than as expressly authorized by Western Union is prohibited. Any permitted reproduction or use of Content shall include attribution to Western Union as the source and additionally shall contain all copyright and other proprietary notices or legends found on the original.

Any Content that Western Union chooses to make available on the Portal from time to time may be used solely for the purposes expressly permitted by Western Union in compliance with all laws and regulations that apply to you.

The Content may contain software that: (a) requires a licensor to cause source code to be distributed with the software or made available to any third party when the software is distributed or otherwise provided in any fashion to a third party; (b) restricts or impairs in any way a user’s ability to license the software pursuant to terms of a user’s choosing; (c) impacts in any fashion or limit a user’s ability to enforce its patent or other intellectual property rights against any third party in any manner; or (d) a user’s rights to such software will be terminated or affected in any manner if such user asserts any of its intellectual property rights against any third party in connection with such software or otherwise (“Open Source Software”). To the extent any such license requires terms with respect to such Open Source Software that are inconsistent with these Terms, then such rights in the applicable Open Source Software license shall take precedence over the rights granted in these Terms, but solely with respect to such Open Source Software. You acknowledge that any applicable Open Source Software license is solely between you and the applicable licensor of the Open Source Software and that you shall comply with the applicable Open Source Software license. You agree not to use any Open Source Software in the development of your Application in such a way that would cause any portion of the Content or Portal to be subject to any Open Source Software licensing terms or obligations.

7. Acceptable Use Policy

You agree that, in connection with your use of any part of the Portal:

  • you will not upload any personal information to any sandbox environment and will only use simulated test data;
  • Western Union has no obligation to maintain test data on its servers and reserves the right to delete such test data from its systems without notice;
  • Western Union has no obligation to monitor or validate any information submitted or uploaded by you on or through an Account;
  • you will not perform any load testing on any Western Union services;
  • when using the Portal, you will not access data not intended for you or log onto a server or an Account that you are not authorized to use;
  • you will not circumvent or modify, attempt to or assist another in circumventing or modifying any security technology or software that is part of the Portal;
  • you will not interfere with service to any other user, or the software, networks or systems that we use to bring the Portal to you, such as by submitting a virus or "spamming," "mailbombing", "crashing" or otherwise overloading the Portal;
  • you will not modify, alter or prepare other works based on the Portal’s Content, or distribute copies of or publicly perform or display such Content, such as by posting the Content on any network computer or distributing the Content on or in any media, including any effort to decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure or organization of the Portal;
  • you will not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Portal other than the search tools available on the Portal and other generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
  • you will not transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Portal; and
  • you will not use the Portal or Content other than as expressly permitted by these Terms or in a manner that is inconsistent with any and all applicable laws and regulations.

Any violation of these Terms or unauthorized use of any information or materials displayed on or available from the Portal may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations and may result in, among other things, termination of your access to the Portal by Western Union in its sole discretion. Western Union has the right, but not the obligation, to remove any Content for any reason.

Western Union has no obligation to provide support, maintenance, updates, upgrades, modifications or new releases of the Portal or any Content. If Western Union does elect, in its sole discretion, to provide any support, maintenance, updates, upgrades, modifications or new releases, these Terms will govern such updates. Western Union reserves the right to limit, modify, or terminate any capabilities or APIs offered hereunder at any time.

8. Application Requirements

You agree that any Application you develop using any of the APIs or other Content will comply with the criteria and requirements set forth in the applicable documentation provided to you by Western Union.

You will submit each Application to Western Union for review and approval in accordance with the approval process or other technical or functional review process posted here, as may be updated from time to time by Western Union.

Western Union reserves the right to revoke any such approval upon changes in Western Union’s requirements or the Application. You shall perform any corrections as may be needed or specified by Western Union to meet Western Union’s requirements. You shall notify Western Union of any changes to the Application and resubmit such updated proposed Application for Western Union’s review and approval in accordance with the applicable approval process or other technical or functional review process. Western Union reserves the right to set forth additional conditions or criteria upon review of the submitted information and to request further information, revoke, revise, require correction or resubmission of any Application.

You grant Western Union a non-exclusive, non-transferable license during the term of these Terms to: (a) review the code in your Applications and use your Applications for any testing or approval process and other related purposes to ensure your Applications comply with these Terms; (b) refer to you by name, or using your trademarks, in general public statements through any medium with respect to the Portal and your access to and use of the Portal without obtaining your prior consent; and (c) reference your use of the Portal in Western Union’s regulatory filings and to disclose these Terms in responding to regulatory inquires. Notwithstanding the foregoing, Western Union will not have any obligation to publicize your use of the Portal.

9. Developer Forum

Western Union may provide access to developer message boards or resources to allow you to post messages, content, or otherwise communicate with other developers through the Portal (the “Forum”). You acknowledge that you are solely responsible for the content and consequences of the material you post in the Forum, including their legality, reliability, appropriateness, and trademark and copyright ownership. You grant Western Union and other users of the Forum the perpetual, irrevocable, nonexclusive right and license to display, use, copy, modify, publish, distribute, transmit, print, and otherwise exploit any such material you post in the Forum without restriction. You agree that you shall not upload, post or transmit to or distribute through the Forum any materials (including text, links, communications, software, images, sounds, data, or other information) that may:

  • contain any Confidential Information or any of your confidential information, or the confidential information any other person or entity, including, but not limited to, proprietary information, trade secrets, and Personal Information;
  • violate, misappropriate or infringe any intellectual property rights of any third party;
  • constitute or encourage conduct that is unlawful or would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable laws;
  • be false, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, illegal or otherwise objectionable or injurious to third parties;
  • contain viruses or other malware;
  • constitute chain letters, pyramid schemes, political campaigning or spam;
  • impersonates another person; or
  • otherwise violate these Terms.

In Western Union’s sole discretion, Western Union may utilize tools to enable a moderation functionality or retain one or more moderators to edit and delete posted materials, close threads and block users from using the Forum. Western Union or its moderators may remove any materials or block user access that, in its sole discretion, do not comply with these Terms, or that are otherwise inappropriate for this Forum. WESTERN UNION IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR ANY REMOVAL OF MATERIALS OR BLOCKING OF USERS, OR ANY FAILURE OR DELAY IN REMOVING ANY SUCH MATERIALS OR BLOCKING SUCH USER ACCESS. MATERIAL POSTED BY USERS OF THE FORUM IS THE SOLE RESPONSIBILITY OF THE USER ORIGINATING THE MATERIAL AND WESTERN UNION DOES NOT CONTROL OR MONITOR, AND DISCLAIMS ALL LIABILITY FOR, SUCH MATERIAL.

10. Digital Millennium Copyright Act (“DMCA”) Infringement Notice

If you believe that any content or materials available on the Portal infringes your copyright or the copyright of a person on whose behalf you are authorized to act, you may send a written notice of complaint to Western Union at:

The Western Union Company
12500 E. Belford Ave
Englewood, CO 80112
email: Brandprotection@westernunion.com

You must include the following items in your complaint:

  • a description of the copyrighted work;
  • a description of the material appearing on the Portal (including where the material appears on the Portal) that you wish to be taken down;
  • your telephone number and either an e-mail address or physical mailing address where we may contact you;
  • a statement by you of your good faith belief that the use of the material on the Portal is not authorized by the copyright owner, the copyright owner’s agent or the law;
  • a statement by you that the information in your complaint is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.

11. Feedback

If you provide any feedback, comments, suggestions on, or recommendations for improvement of the Portal or Forum relating to your user experience of Portal, Content or Western Union’s services (collectively, “Feedback”), you are granting Western Union a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable license to publish, transmit, use, copy, modify, prepare derivative works based on and publicly perform, display and distribute such Feedback for any purpose whatsoever, in any media, now or hereafter known, without any credit, notice, approval or compensation to you. Any Feedback, even if marked as confidential, shall not create any confidentiality obligations on the part of Western Union unless otherwise agreed in a separate, signed agreement. You agree this license is effective automatically (without further action by you) when you submit the Feedback to Western Union.

You should not send Western Union any Feedback that: you are legally prohibited from sharing or disclosing to Western Union, contains product or service ideas that you intend to derive revenue from, or includes information you wish to remain confidential. You understand that your Feedback may be made publicly available and Western Union is not responsible for any use or misuse (including any distribution) by any third party. IF YOU CHOOSE TO SUBMIT ANY PERSONAL INFORMATION THROUGH OR IN CONNECTION WITH THE PORTAL OR FORUM, YOU DO SO AT YOUR OWN RISK.

12. Data Protection

You must protect the privacy and legal rights of individuals, as applicable and provide reasonable security for the personal information that you maintain. If Western Union provides you with, or your Application accesses, uses or otherwise processes personal information (collectively, “Personal Information”) or you provide the same to Western Union, you must clearly and conspicuously provide individuals with notice that their Personal Information will be accessed, used or otherwise processed by you (and the Application or Western Union as applicable). You are responsible for providing notice and obtaining any necessary consents from individuals for the processing of their Personal Information.

You will comply with all applicable laws, regulations, rules, standards and orders relating to the privacy, secrecy, confidentiality, collection, usage, sharing, security, protection, disposal, international transfer, or other processing of Personal Information (“Privacy Laws”).

To the extent you access, use or otherwise process Personal Information in connection with your Application, you may do so only as necessary for the limited purposes for which individuals have given you consent, unless otherwise required by law. Where you engage a vendor to perform services on your behalf in connection with your Application, you agree to (a) impose upon such vendor appropriate confidentiality, privacy and data security obligations that are equivalent to those in these Terms, (b) prohibit the vendor’s from selling Personal Information, or retaining, using, disclosing, or otherwise processing Personal Information for any purpose other than for the specific performing the contracted services on your behalf in connection with your Application, (c) require the vendor to comply with Privacy Laws, and (d) provide reasonable assistance to enable you to meet your legal obligations pertaining to privacy and data protection, including those contained in these Terms. You may not circumvent any privacy features that are part of the Portal.

You agree to maintain and implement an information security program that includes reasonable and appropriate technical, physical, administrative and procedural safeguards designed to (a) ensure the confidentiality, security, integrity and availability of Personal Information; (b) protect against any anticipated threats or hazards to the security and integrity of Personal Information; and (c) protect against any Information Security Incident. An “Information Security Incident” means any actual or reasonably suspected: (a) unauthorized use, disclosure, acquisition of or access to, or other unauthorized processing of Personal Information; (b) loss or theft of Personal Information; or (c) unauthorized access to or use or disruption of, inability to access, or malicious infection of, any Western Union information system, including the Portal. You agree that you will permanently and securely delete any Personal Information you have stored when an individual uninstalls or discontinues its use of your Application, after providing such individual with a reasonable amount of time to obtain any such Personal Information in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit the information to another entity without hindrance. Notwithstanding the foregoing, if an individual has entered into a separate agreement with you that allows you to store, use or otherwise process their Personal Information directly related to your Application, then such other terms will govern your use of that individual’s data.

Western Union may collect certain data or usage statistics from the Portal and from your Application. Western Union may also from time to time request that you provide Western Union with data or usage statistics relating to your Application. Western Union may use and disclose such information as permitted by law. To the extent Personal Information is included in the usage statistics, we will handle such Personal Information in accordance with our Developer Portal Privacy Statement.

If an Information Security Incident arises from or occurs in connection with your Application, you must promptly notify Western Union, take steps to contain and control the Information Security Incident, including any unauthorized access to or use of Personal Information, and continue to provide information to Western Union relating to the investigation and resolution of the Information Security Incident until Western Union determines that the Information Security Incident has been appropriately resolved.

You agree to provide reasonable assistance to Western Union to help Western Union comply with its privacy or data protection legal obligations, or defend against any claims or investigations, in either case, in any way related to your Application. You shall promptly notify Western Union in writing if you cannot comply with your obligations under these Terms, in which case you and Western Union shall use best efforts to remedy the situation.

13. Trademarks

The names, marks and logos appearing in the Portal’s Content are, unless otherwise noted, trademarks owned by or licensed to Western Union. The use of these marks, except as provided in these Terms, is prohibited. From time to time, Western Union makes fair use in the Contents of trademarks owned and used by third parties. Western Union makes no claim to ownership of those marks.

You may not use Western Union’s trade name, trademarks, service marks or other intellectual property assets or its branded products and services for promotional, advertising or any other commercial purpose, unless and to the extent Western Union specifically agrees in writing.

14. Audit

From time to time throughout the term and upon reasonable prior notice from Western Union, you will allow Western Union and Western Union agents (the “Auditor”) to audit and inspect your systems, controls, books and records to conduct an audit to confirm your compliance with these Terms. As part of the audit you will cooperate and provide reasonable assistance to the Auditor and allow the Auditor to have access to your computing systems and business processes, to review, examine or audit (including making copies as reasonably necessary of) your source code, books or records related to your Applications and your use of the Portal and Content, in all cases, as necessary for that purpose.

15. Confidentiality

Except as otherwise set forth herein, you agree that the Content and any information provided to you in connection with your use of the Portal is considered confidential (“Confidential Information”). Notwithstanding the foregoing, Confidential Information does not include information that: (a) is published or generally known by the public other than as a result of your breach of these Terms; (b) is independently known to you prior to its disclosure, as evidenced by competent proof; (c) has become lawfully available to you from a source that was under no obligation to treat the information as confidential; or (d) was independently developed or discovered by you without access to or use of any Confidential Information.

You agree to keep Western Union’s Confidential Information confidential and will: (a) use the Confidential Information solely for purposes of performing or exercising your rights under these Terms; (b) not disclose or reveal to any third party, without Western Union’s express written approval or as otherwise permitted under these Terms, any portion of the Confidential Information; (c) use at least the same degree of care in safeguarding the Confidential Information as you use to safeguard your own confidential information of similar nature, provided such degree of care is reasonably calculated to prevent inadvertent disclosure or unauthorized use; and (d) notify Western Union immediately upon disclosure of any inadvertent disclosure or unauthorized use.

16. Communications

Western Union may communicate and transact with you electronically through the Portal or through other electronic means. Such communications may include, but are not limited to, Account information, marketing materials, technical information and updates and/or changes to the Portal. By agreeing to these Terms, you consent that Western Union may provide you with such communications.

17. Representations and Warranties

You represent and warrant to Western Union:

  • you own or have obtained valid licenses of all intellectual property rights that are necessary to the performance of any of your obligations under these Terms;
  • Western Union’s use of any of your Applications will not in any way constitute an infringement or other violation of any intellectual property right of any third party;
  • all information that you provide (including the information provided for the Account, listings of the Applications and any content that you upload) is true, accurate, current and complete, and that you will keep it up-to-date and accurate at all times;
  • you will, and you will ensure that your Applications will, comply with (a) all applicable laws and regulations, (b) data security requirements and standards, and (c) all applicable third party contracts or terms of service or use; and
  • you will not do or omit to do, or cause or permit anything to be done or omitted to be done, in respect of all of the personal information that these Terms relate, that may cause or otherwise result in a breach of the applicable privacy laws by Western Union.

18. WARRANTY DISCLAIMER

Although Western Union strives for accuracy in all elements of the Portal and Content, it may contain inaccuracies or typographical errors. Additionally, while users of the Portal and Content are bound by these Terms not to submit false material, Western Union is not responsible for the violation of these terms by users, or for the reliance by users upon false or misleading material submitted by other users. Western Union makes no representations about the accuracy, reliability, completeness or timeliness of online material or about the results to be obtained from using the Portal. Your access and use the Portal and any of its Content is at your own risk.

WESTERN UNION DOES NOT WARRANT THAT THE PORTAL WILL OPERATE ERROR-FREE OR THAT THE PORTAL, CONTENT OR ANY COMPUTER SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE PORTAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WESTERN UNION SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PORTAL AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND WESTERN UNION DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WESTERN UNION MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS OR LINKS.

19. LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WESTERN UNION BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE ANY PART OF THE PORTAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WESTERN UNION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WESTERN UNION’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED $100.00.

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE WESTERN UNION’S LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

20. Indemnification

By using the Portal, you agree to defend, indemnify and hold harmless Western Union, its affiliates and their respective officers, directors, employees, contractors and agents, from and against any and all losses, actions, claims, damages, fines, costs and expenses (including reasonable legal and accounting fees) arising from or related to your use of the Portal, including the Content, or your breach of these Terms. Western Union reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

21. Governing Law

These Terms, including the execution, negotiation and performance under these Terms, are governed by the substantive laws of the State of Colorado, without regard to its conflict of laws principles. All claims arising out of these Terms or your use of the APIs will be litigated exclusively in the federal or state courts located in the County of Denver, Colorado, USA.

22. Export Control

You agree to comply with all U.S. or other export and re-export control restrictions. You represent and warrant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or similar restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) listed on any U.S. government lists of prohibited or restricted parties.

23. General

Western Union and you agree that you are independent contractors of the other and nothing in these Terms shall make us joint ventures, partners, employees, agents or other representatives of the other party. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision in these Terms shall be a further or continuing waiver of such provision or any other provision in these Terms. The section names in the Terms are for convenience only and have no legal or contractual effect. You may not assign these Terms, or any of your rights or obligations hereunder, without the prior written consent of Western Union. Western Union may assign, transfer or sublicense any or all of its rights or obligations under these Terms at any time without your prior consent. Except as expressly provided elsewhere in the Portal, these Terms and any other terms and conditions expressly incorporated by reference into these Terms by Western Union constitute the entire agreement between you and Western Union with respect to your use of the Portal.

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