Terms of Service
Updated on November 23, 2020
PLEASE READ SECTIONS 15 ("DISPUTE RESOLUTION") AND 16 ("CLASS ACTION WAIVER") CAREFULLY AS THEY RELATE TO ARBITRATION AND CLASS ACTIONS
Welcome to MySchoolBucks. Please read these Terms of Service (“ToS”), which contain important information, including mandatory arbitration of disputes between us, instead of class actions or jury trials. These ToS describe the relationship between you (“you” or “your” means any person using the website, mobile application, or service) and Heartland Payment Systems, LLC (“HPS” or “we” or “us”), and govern your access and use of, and your child’s or student’s (“Student”) access and use of, any portion of the MySchoolBucks services. By checking the consent box on the registration page, using the MySchoolBucks website, the MySchoolBucks mobile application, or making a payment through or using the MySchoolBucks website and/or mobile application (collectively, “Services”), you accept and agree to be bound by these MySchoolBucks ToS. Please read them carefully, including the product-specific terms in Section 9. When you create a Student Account on MySchoolBucks for your Student, you hereby agree to be legally bound by these ToS and are agreeing to these ToS on behalf of your Student.
2. Electronic Communications
When you visit MySchoolBucks.com, use the MySchoolBucks mobile application, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you or your Student by email or by posting notices on this website or in the mobile application. You agree for yourself and on behalf of your Student, that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content, titles, graphics, logos, button icons, images and software are the copyrighted material of HPS, or its licensors, and you agree not to download (other than page caching) or modify it, or any portion of it. The compilation of all content on the MySchoolBucks website and the MySchoolBucks mobile application is the exclusive property of HPS, and is protected by U.S. and international copyright laws. Reproduction, republication or distribution of any material from the website is strictly prohibited, except that you may, for personal and non-commercial use only, make a single hard copy of your transactions for your personal records.
The MySchoolBucks name, logo, button icons, characters, and all related logos, products and services described in the MySchoolBucks website and the MySchoolBucks mobile application are trademarks or registered trademarks of HPS. The MySchoolBucks name and logo are trademarks or registered trademarks of HPS. All other trademarks that appear on the MySchoolBucks website and the MySchoolBucks mobile application that are not owned by HPS or its affiliates are the property of their respective owners.
5. License and Site Access
License: HPS grants you a limited license to access and make personal use of the Services to register for activities, make payments related to goods and services provided at or through your Student’s school or school district, order meals, create a Student Account, and other functionality. You may also be able to use the Services to obtain information about the balance of your Student’s account and to review your Student’s purchases, including food purchases, at the school cafeteria. You acknowledge and agree that HPS is not responsible for the accuracy of this information because the content is provided by the school or third parties’ software systems, and the accuracy of the content is outside of HPS’ control. HPS shall not be responsible for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Certain Services are intended to be used by adults who can make purchases with a credit card. If you are under 18, you may use the MySchoolBucks Services only through the Student Account functionality with the permission of a parent or guardian. If you are an adult parent or guardian of a student, you will need to create a Primary Account before creating Student Account(s).
Account Functionality: As the Primary Account holder, depending on what services are provided by your School, you will be able to add funds to your Student’s meal account, pay invoices, make purchases in school stores, see purchase and payment history, transfer meal funds between students, submit and download school forms, receive notifications on low account balances and pending invoices, receive school communications, view your school’s lunch menu, check registration status, view events, order/purchase tickets, and order/purchase meals. Once you have created a Primary Account, you will be able to create a Student Account and provide the account credentials and information to your Student. After the Student Account is activated, and depending on what services are provided by your School, your Student may be able to place meal orders, view meal account balances, invoices, and ticket orders, make store, ticket, meal, or school fee purchases, and store a digital student ID card.
Credentials: In order to access the Services, you must establish, for yourself and on behalf of your Student, access credentials (e.g., a user name and password) that will enable you to log into and use the Services (“Credentials”). Your Credentials will enable HPS to authenticate you or your student as an authorized user of the Services and to provide appropriate authorizations regarding the scope of use of the Services. You are solely responsible for maintaining the confidentiality and security of your Credentials, and agree agree to be responsible for maintaining the confidentiality and security of your student’s Credentials. Do not share Credentials with any third party. You are responsible for any use of or access to the Services and any activities conducted therein via your or your student’s Credentials. If you become aware of any unauthorized use of or compromise of Credentials, notify HPS immediately. From time to time, in its sole discretion, HPS may make available updates, bug fixes, upgrades, patches and/or new versions of the Services (collectively, “Updates”). You agree to promptly install Updates to the MySchoolBucks mobile application when they become available. You understand and agree that Updates may include necessary functionality and/or fixes to protect the security of the Services and that your failure to promptly install such Updates may compromise your ability to use the Services and/or result in the disabling of your Credentials. HPS shall have no liability to you for any loss or damage resulting from your failure to timely accept such Updates.
HPS shall not be liable for, shall have no responsibility for, and you will hold HPS harmless for any activity in your account, including, but not limited to, authorized or unauthorized charges to your credit card or bank via the Services or disputes between you and the school or school district. HPS reserves the right to refuse service, terminate accounts, or cancel orders in its absolute and sole discretion.
If you have a Primary Account, you may make payments to HPS for deposit in your Student’s school account in a number of ways, including by using a credit card or electronic check. Your credit card provider may have imposed a maximum amount which can be placed on your credit card. HPS endeavors to process payments promptly so the funds will be available for your Student’s use. However, we make no representations or warranties regarding the amount of time needed to complete processing payments through MySchoolBucks. A number of factors, such as delays in the banking system, electronic funds transfer systems or school district network, are outside our control and will affect when the funds are received by your Student’s school. The school’s use of payments or prepayments is governed by your agreement or arrangement with the school or school district, and HPS is not responsible for the school’s handling of your payments or prepayments after the school receives the funds from the Services, including, but not limited to, any failure by a school or school district to record, apply, or refund a payment made by you via the Services.
One Time Payments. If you selected a one-time payment, you authorize HPS to debit the bank account or credit card as you indicated on our website for the noted amount on the noted date. You understand that because this is an electronic transaction, these funds may be withdrawn from your account immediately. You acknowledge that by using an electronic check for this transaction, you must comply with U.S. law. You will not try to prevent HPS from debiting your bank account, and acknowledge that any dispute is limited to any errors that HPS made in processing. HPS does not have any responsibility for information that you entered incorrectly.
Recurring Payments. If you selected recurring payments, you authorize HPS to debit the bank account or credit card as you indicated on our website for the noted amount on the schedule indicated. You understand that this authorization will remain in effect until the scheduled end date, or until you cancel the payment, whichever comes first. If the above noted payment falls on a weekend or holiday, you understand that the payment may be executed on the next business day. You understand that because this is an electronic transaction, these funds may be withdrawn from your account each period as soon as the above noted transaction date. You acknowledge that by using an electronic check for this transaction, you must comply with U.S. law. You will not try to prevent HPS from debiting your bank account, and acknowledge that any dispute is limited to any errors that HPS made in processing. HPS does not have any responsibility for information that you entered incorrectly.
If you or your Student are not satisfied with any good or service purchased using the Services, you agree to resolve the issue exclusively with the Student’s school or school district. You agree that you will not seek and are not entitled to a refund from HPS. If you would like a refund of any kind from your Student’s school or school district, you must contact your Student’s school or school district. Refund policies may vary from one school district to another. Program Fees are not refundable, and you agree that you will not seek and are not entitled to refund of any Program Fee.
8. Program Fee
HPS may charge a Program Fee in connection with the Services and/or transactions processed through the Services. If a Program Fee is charged, it will be displayed onscreen before you complete the payment transaction. By completing the transaction, you are agreeing to pay the Program Fee to HPS. The school or school district may remit the Program Fee to HPS.
9. Additional Service-Specific Terms
MSB Tickets. MSB Tickets allows Schools to sell and/or issue tickets to school events and activities. MSB Tickets may include electronic ticketing, in-person ticket purchases, and seat selection. Both a Primary Account holder and a Student Account holder may be able to use MSB Tickets functionality.
MSB Meal Order. MSB Meal Order will allow Schools to provide an online meal ordering platform, enabling Primary Account holders and Student Account holders to place orders and pay for meals.
MSB Activities. MSB Activities enables Schools to setup and manage registrations and payments for student activities. Both a Primary Account holder and a Student Account holder may be able to register students for activities and events and pay related fees.
10. Links to Third Party Websites
The MySchoolBucks website and/or the MySchoolBucks mobile application may contain links to other Internet websites, mobile applications, or resources. HPS neither controls nor endorses such other websites or mobile applications, nor has HPS reviewed or approved any content that appears on such other sites or mobile applications. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites or mobile applications, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
11. LIMITED LIABILITY; DISCLAIMER OF WARRANTY
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HPS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. HPS MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.
MYSCHOOLBUCKS IS NOT THE ONLY WAY TO MAKE PAYMENTS TO YOUR SCHOOL. THUS, IF YOU DO NOT AGREE TO THESE TERMS CONTAINED HEREIN, YOU SHOULD NOT USE MYSCHOOLBUCKS TO COMPLETE A TRANSACTION. IN THE EVENT MYSCHOOLBUCKS IS NOT AVAILABLE AT ANY TIME FOR ANY REASON YOU AGREE TO CONTACT YOUR STUDENT’S SCHOOL TO MAKE ALTERNATIVE PAYMENT ARRANGEMENTS. HPS IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF ANY FAILURE BY THE SCHOOL TO RECEIVE ANY PAYMENT.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, HPS, ON BEHALF OF ITSELF AND ITS AFFILIATES, DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE SERVICES, ERRORS, OMISSIONS, INACCURACIES, INTERRUPTIONS, DEFECTS, DELAYS OR INTERRUPTIONS IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, SECURITY BREACH, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF INFORMATION. IN NO EVENT SHALL HPS, OR ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT IN NO EVENT WILL HPS BE LIABLE FOR ANY CLAIM, BILLING ERROR, CHARGE, DAMAGE, OR EXPENSE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TOS, THE USE OF MYSCHOOLBUCKS OR ANY TRANSACTION PROCESSED WITH OR THROUGH MYSCHOOLBUCKS IF YOU DO NOT REPORT THE CLAIM, ERROR, CHARGE, DAMAGE, OR EXPENSE TO HPS IN WRITING WITHIN 90 DAYS OF THE ALLEGEDLY WRONGFUL ACT OR FAILURE TO ACT, OR, IN THE EVENT OF A BILLING OR PAYMENT ERROR OR OVERCHARGE, WITHIN 90 DAYS OF THE DATE THAT THE STATEMENT CONTAINING THE CHARGE WAS MADE AVAILABLE TO YOU ELECTRONICALLY OR IN HARD COPY. YOU EXPRESSLY WAIVE ANY CLAIM THAT IS NOT REPORTED TO HPS IN WRITING WITHIN THE TIME PERIODS STATED HEREIN.
With the exception of Sections 14 and 15, you may terminate these ToS at any time by providing written notice to us. HPS may immediately terminate this Agreement at any time without notice and for any reason, including, but not limited to, if you engage in any conduct which HPS, in its sole discretion, considers to be unacceptable, or if you breach these ToS.
13. Applicable Law
By visiting MySchoolBucks.com or the MySchoolBucks mobile application, you agree that the laws of the State of Georgia will govern these ToS.
14. Site Policies, Severability
These ToS are the entire agreement between you and HPS with respect to use of the Services, and supersede all previous written or oral agreements between the parties with respect to such subject matter. Other than with respect to Section 14, HPS reserves the right at any time to change, add or delete any aspect or feature of the Services and these ToS, including but not limited to, changing program fees. HPS will provide notice of any such change by posting a notice to the website or as otherwise required by law. Any use of the Services by you after such notice has been posted or otherwise communicated will be deemed acceptance by you of such changes. Any waiver of HPS’ rights must be in writing and signed by HPS. Except as expressly stated in Section 14, should any provision of this Agreement be held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
15. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND IMPACTS HOW DISPUTES ARE RESOLVED. THIS SECTION IS INTENDED TO APPLY RETROACTIVELY, AND THEREFORE APPLIES TO ALL PAST, CURRENT AND FUTURE CLAIMS.
**IMPORTANT: THIS DISPUTE RESOLUTION SECTION, INCLUDING THE ARBITRATION PROVISION AND THE CLASS ACTION WAIVER, APPLIES TO ALL PENDING LITIGATION, INCLUDING, BUT NOT LIMITED TO, THE MATTER OF STORY V. HEARTLAND PAYMENT SYSTEMS, LLC, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, CIVIL ACTION NO. 3:19-CV-00724. IN THAT CASE, THE PLAINTIFF SEEKS TO REPRESENT A CLASS OF ALL PERSONS WHO PAID HPS A PROGRAM FEE SINCE MAY 15, 2013, AND ASSERTS CLAIMS FOR BREACH OF CONTRACT, UNJUST ENRICHMENT, AND VIOLATIONS OF NEW JERSEY’S TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT AND NEW JERSEY’S CONSUMER FRAUD ACT. HPS DENIES THE ALLEGATIONS. IF YOU ACCEPT THESE TERMS OF SERVICE AND A CLASS IS CERTIFIED IN THE STORY MATTER, YOU WILL NOT PERMITTED TO PARTICIPATE IN THE STORY CASE AS A CLASS MEMBER.**
IF YOU PROCEED WITH A TRANSACTION THROUGH OR USING MYSCHOOLBUCKS AFTER THESE TOS ARE EFFECTIVE, YOU ARE AGREEING TO THE TERMS OF THIS DISPUTE RESOLUTION SECTION AND ARE BOUND BY THEM.
Mandatory Arbitration: YOU AND HPS AGREE THAT ANY AND ALL DISPUTES (AS DEFINED BELOW) SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY; PROVIDED, HOWEVER, THAT YOU OR HPS MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SMALL CLAIMS COURT AND PROCEEDS ONLY ON AN INDIVIDUAL (NOT A CLASS OR REPRESENTATIVE) BASIS.
You and HPS agree that we are each waiving the right to a trial by jury and any right to have a Dispute heard in court. Instead, you and HPS agree to have all Disputes resolved in arbitration by a neutral third-party arbitrator. In arbitration, Disputes are resolved by an arbitrator instead of a judge or jury, discovery is more limited than in court and the arbitrator’s decision is subject to limited review by courts. However, the arbitrator must follow the law and can award the same relief, on an individual basis, as in court, including monetary damages, injunctive relief, declaratory relief and other relief. The arbitrator’s award can be confirmed in any court of competent jurisdiction.
The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted in the county of your residence or other location if mutually agreed upon by the parties. The arbitration shall be conducted by the American Arbitration Association (AAA). For claims of $25,000 or less, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. For claims over $25,000, the AAA’s Commercial Arbitration Rules will apply. If either set of rules are not available, the AAA rules applicable to consumer disputes shall apply. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org.
This arbitration provision is entered pursuant to the Federal Arbitration Act (“FAA”), which shall govern its interpretation and enforcement. To the extent any issues arise as to which the FAA does not apply or govern, this “Dispute Resolution” section and all substantive claims shall be governed by and interpreted according to the laws of the State of Georgia, without regard to principles of conflicts of law. The arbitrator shall decide all issues of interpretation, scope, and application of this “Dispute Resolution” section and the arbitration provision, with the exception of deciding whether the Arbitration Class Action Waiver in Section 14(B)(i) is valid or enforceable. Any question regarding the validity or enforceability of Section 14(B)(i) shall be resolved by a state or federal court in Fulton County, Georgia, which You and HPS agree shall be the sole and exclusive jurisdiction for any such question to be resolved (and for which You and HPS consent to the Court’s jurisdiction and waive any right to challenge jurisdiction or venue). This Dispute Resolution section shall survive termination of this agreement. The agreement to arbitrate is intended to be broadly interpreted.
Arbitration Class Action Waiver: You and HPS agree that arbitration shall proceed solely on an individual basis and that any Dispute shall not be arbitrated as a class action, shall not be consolidated with the claims of any other party, and shall not be arbitrated on a consolidated, representative or private attorney general basis. The award or decision in the arbitration will not have any preclusive effect as to issues or claims involved in any proceeding between HPS and anyone who is not a named party to the arbitration. The arbitrator may award monetary, declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s monetary, declaratory and injunctive award, if any, shall not apply to any person or entity that is not a party to the arbitration.
Any questions regarding the enforceability of this Section 14(A)(i) shall be decided by a court and not the arbitrator. If any portion of this Section 14(A)(i) is deemed invalid or unenforceable, then the entire arbitration provision in Section 14 (other than this sentence and Section14(B)) shall be null and void and not apply. In no case shall an arbitration proceed on a class basis.
Small Claims and Agency Proceedings: Notwithstanding anything else in this “Dispute Resolution” section, you or HPS may bring an individual action in small claims court if it so qualifies and so long as it remains in small claims court on an individual, and not a class or representative, basis. Further, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
Fees and Costs: For any arbitration in which your total damage claims, exclusive of attorney fees, are $25,000.00 or less (“Small Claim”), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs (separate from Arbitration Costs as defined below) as part of any award, but may not grant HPS its attorney fees, expert witness fees or costs (separate from Arbitration Costs) unless it is determined that the claim was frivolous or brought in bad faith. In a Small Claim case, HPS will pay all filing, administrative and arbitrator costs (together, “Arbitration Costs”) associated with the arbitration. Any request for payment of Arbitration Costs by HPS shall be submitted to the AAA along with your Demand for Arbitration; provided, however, that if you want HPS to advance the Arbitration Costs for a Small Claim prior to filing, HPS will do so at your written request which must be sent to Heartland Payment Systems, LLC, Attn: Legal Department, 3550 Lenox Rd NE, Suite 3000, Atlanta, GA 30326. In a Small Claim case, you may choose to have the arbitration carried out based only on documents submitted to the arbitrator or by a telephonic hearing, subject to the arbitrator, acting in his or her discretion, deciding to require an in-person hearing.
The party or parties responsible for Arbitration Costs for arbitrations in which your total damage claims, exclusive of attorney fees, exceed $25,000.00 (“Large Claim”) shall be determined according to AAA rules; provided, however, that if you are able to demonstrate that the Arbitration Costs will be prohibitive as compared to the costs of litigation, HPS will pay as much of the Arbitration Costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorneys’ fees, expert witness fees and costs (separate from Arbitration Costs).
Non-Arbitration Class Action and Jury Waiver: If for any reason any Dispute proceeds in court rather than arbitration, you and HPS each waive any right to a jury trial, and any Dispute that proceeds in court shall proceed solely on an individual, non-class, non-representative basis. In any Dispute that proceeds in court, neither you nor HPS may be a class representative or class member or otherwise participate in any class, consolidated, private attorney general or representative proceeding. If for any reason any Dispute proceeds in court rather than arbitration, you and HPS also agree that the sole and exclusive jurisdiction for any such action shall be a state or federal court in Fulton County, Georgia (and for which you and HPS consent to the Court’s jurisdiction and waive any right to challenge jurisdiction or venue).
Severability: If an arbitrator or court decides that any part of this Dispute Resolution section, other than Section 14(A)(i) is invalid or unenforceable, the other parts of this Dispute Resolution Section shall still apply. Notwithstanding the previous sentence, in all cases, Section 14(B) shall remain in effect, valid and enforceable.
Definitions: The terms “Dispute” and “Disputes” shall be broadly interpreted to include any claims, disputes, disagreements or controversies that you and HPS had, have or may in the future have against each other, whether based in contract or tort or on a statute or regulation or any other legal theory, including, without limitation, all claims, disputes, disagreements or controversies related in any way to or arising in any way out of (a) your use of the MySchoolBucks’ website, mobile application, or platform; (b) your application to, enrollment with, or use of the MySchoolBucks website, mobile application or any software or hardware platform operated by or for MySchoolBucks, (c) any transaction processed with or through HPS; (d) any other HPS product or service made available through MySchoolBucks or the MySchoolBucks website or mobile application; (e) any HPS advertisement, representation or marketing, including, without limitation, any advertisement, representation or marketing on the MySchoolBucks website or mobile application; (f) any contract, warranty, or other agreement you had or have with HPS; (f) any HPS billing or other policy or practice; (g) any action or inaction by any HPS officers, directors, employees, agents, or other representatives relating to any HPS product, marketing, representation or service, including without limitation MySchoolBucks; (h) any claims HPS brings against you; and (i) any aspect of the relationship between you and HPS. “Dispute” and “Disputes” includes claims, disputes, disagreements or controversies that arose at any time, including before this ToS became operative and after these ToS terminated.
16. CLASS ACTION WAIVER
WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS,CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding.
17. Mobile App
If you access the MySchoolBucks mobile application, the following additional terms and conditions apply:
Terms Required by Apple, Inc. If your device is an
iPad, iPhone, or iPod Touch, the following additional terms apply:
- Apple, the Apple logo, iPad and iPhone are trademarks of Apple, Inc. (“Apple”), registered in the U.S. and other countries. iTunes and the Apple App Store are service marks of Apple.
- These ToS are between you and HPS only, and not with Apple. HPS, and not Apple, is solely responsible for the Services.
- Apple has no obligation at all to provide any support or maintenance services in relation to the Services. If you have any maintenance or support questions in relation to the Services or the MySchoolBucks mobile application, please contact HPS, not Apple, using the contact details at the end of this section.
- Except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Services are between you and HPS (and not between you, or anyone else, and Apple).
- iTunes and the Apple App Store are owned and operated by Apple. Your use of the Apple App Store is governed by a legal agreement between you and Apple. You acknowledge that you had the opportunity to review Apple’s App Store Terms of Service and agreed to be bound by them when you accessed and downloaded the app via the Apple App Store.
- To the maximum extent permitted by applicable law, Apple shall have no warranty obligation or liability whatsoever with respect to the Services, including without limitation in relation to the sale, distribution or use of the Services, or the performance or non-performance of the Services. In the event that the Services fail to comply with any warranty set forth in these ToS, you may notify Apple, and Apple will refund the purchase price for the Services to you.
- Apple shall not be responsible for addressing any claims by you or any third party relating to the Services or the possession and/or use of the Services, including but not limited to (i) product liability claims, (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
- Apple shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Services or your possession and use of the Services infringes a third party’s intellectual property rights.
- You represent and warrant that (i) the Services will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a ‘terrorist-supporting’ country, and (ii) neither you or any use designated by you are listed on any U.S. Government list of prohibited or restricted parties.
- Support requests, as well as questions, complaints or claims regarding the Services, may be directed to HPS at: 765 Jefferson Road #400, Rochester NY 14623, by phone at 1-855-832-5226, and by email at email@example.com.
- Notwithstanding anything to the contrary in any other agreement between the parties, Apple and its subsidiaries are third-party beneficiaries of these ToS, and have the right (and shall be deemed to have accepted the right) to enforce these ToS against you.
Terms Required by Google, Inc. If your device is
an Android-powered device, the following additional terms apply:
- Android™ is a trademark of Google Inc. ("Google"). Use of this trademark is subject to Google Permissions.
- These ToS are between you and HPS only, and not with Google. HPS, and not Google, is solely responsible for the Services.
- Google has no obligation at all to provide any support or maintenance services in relation to the Services. If you have any maintenance or support questions in relation to the Services or the MySchoolBucks mobile application, please contact HPS, not Google, using the contact details at the end of this section.
- Except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Services are between you and HPS (and not between you, or anyone else, and Google).
- The Google Play Store is owned and operated by Google Inc. Your use of the Google Play Store is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Store Terms of Service (found at http://www.google.com/mobile/android/market-tos.html) and together with the Google Terms of Service called the "Terms"). In addition, your use of the Google Play Store is subject to the Google Play Store Business and Program Policies (found at http://www.google.com/intl/en_us/mobile/android/market-policies.html). The Google Play Store Terms of Service, Google Play Store Business and Program Policies, and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict. You acknowledge that you had the opportunity to review the Terms and agreed to be bound by them when you accessed and downloaded the app via the Google Play Store.
- To the maximum extent permitted by applicable law, Google shall have no warranty obligation or liability whatsoever with respect to the Services, including without limitation in relation to the sale, distribution or use of the Services, or the performance or non-performance of the Services. In the event that the Services fail to comply with any warranty set forth in these ToS, you may notify Google, and Google will refund the purchase price for the Services to you.
- Google shall not be responsible for addressing any claim by you or any third party relating to the Services or the possession and/or use of the Services, including but not limited to (i) product liability claims, (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
- Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Services or you possession and use of the Services infringes a third party's intellectual property rights.
- You represent and warrant that (i) the Services will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a 'terrorist-supporting' country, and (ii) neither you or any user designated by you is listed on any U.S. Government list of prohibited or restricted parties.
- Support requests, as well as questions, complaints or claims regarding the Licensed Products, may be directed to Licensor at: 765 Jefferson Road #400, Rochester NY 14623, by phone at 1-855-832-5226, and by email at firstname.lastname@example.org.
- Notwithstanding anything to the contrary in any other agreement between the parties, Google and its subsidiaries are third-party beneficiaries of these ToS, and have the right (and shall be deemed to have accepted the right) to enforce these ToS against you.