MySchoolBucks Terms of Service

Updated on December 11, 2024

PLEASE READ SECTION 16 (“DISPUTE RESOLUTION”) CAREFULLY AS IT RELATES TO ARBITRATION AND CLASS ACTIONS.

Welcome to MySchoolBucks. Please read these Terms of Service (“ToS”), which contain important information and require 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,” “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 or 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 10. 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.

MySchoolBucks allows you to see your child’s account as part of our free services. If you use MySchoolBucks to add funds to your child’s account, you may pay a program fee for the convenience of using our online service. Please keep in mind that you can always add funds to your child’s account without paying a fee by sending cash or a check directly to your school.

1. Privacy

Please review our Privacy Notice, which also governs your visit to the MySchoolBucks website and your use of the Services, to understand our practices.

2. Payments

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.

  1. 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.
  2. 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.
  3. MySchoolBucks allows you to see your child’s account as part of our free services. If you use MySchoolBucks to add funds to your child’s account, you may pay a program fee for the convenience of using our online service. Please keep in mind that you can always add funds to your child’s account without paying a fee by sending cash or a check directly to your school.

3. Refunds

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.

4. 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.

5. 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.

6. SMS Communications

You will have the opportunity to opt-in to receiving SMS communications from us by enrolling in "MySchoolBucks Alerts." If you enroll, we will send messages regarding low balance alerts, password resets, and multifactor authentication. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly by phone at 1-855-832-5226, and by email at support@myschoolbucks.com. Your cell phone carrier is not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. The frequency of messages you will receive varies by account. If you have any questions about your text or SMS plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our Privacy Notice.

7. Copyright

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.

8. Trademarks

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.

9. License and Site Access

  1. 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).

  2. 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.

  3. 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.

  4. 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.

10. Additional Service-Specific Terms

  1. 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.

  2. 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.

  3. 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.

11. 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.

12. LIMITED LIABILITY; DISCLAIMER OF WARRANTY

  1. 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.

  2. 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.

  3. 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.

  4. 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.

13. Termination

With the exception of Section 16, 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.

14. 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.

15. 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. 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 16, 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.

16. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND IMPACTS HOW DISPUTES ARE RESOLVED. PURSUANT TO THIS SECTION, YOU AND HPS AGREE THAT ALL DISPUTES SHALL BE RESOLVED THROUGH OUR INFORMAL DISPUTE RESOLUTION PROCESS, INDIVIDUAL ARBITRATION, OR SMALL CLAIMS COURT. YOU AND HPS FURTHER AGREE TO WAIVE THE RIGHT TO TRIAL BY A JURY AND THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. THIS DISPUTE RESOLUTION 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 PLAINTIFFS SEEK TO REPRESENT A CLASS OF ALL PERSONS WHO PAID HPS A PROGRAM FEE SINCE MAY 15, 2013, AND ASSERT CLAIMS FOR BREACH OF CONTRACT, 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 BE 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 PROVISION AND ARE BOUND BY THEM. THIS DISPUTE RESOLUTION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

PLEASE NOTE THAT as used herein, the terms “Dispute” and “Disputes” shall be broadly interpreted to include any claims, causes of action, disputes, disagreements or controversies that you and HPS had, have, or may in the future have against each other, whether based in contract, tort, fraud, or on a statute, regulation, or any other legal theory, that arise from or relate in any way to (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 these ToS became operative and after these ToS terminate.

  1. Summary: This portion of the ToS explains how Disputes between you and HPS will be resolved. In the event you have complaints or concerns, we encourage you to first contact customer service at 1-855-832-5226 or support@myschoolbucks.com. If after speaking with customer service, you are still unsatisfied and wish to bring a Dispute to the attention of HPS, the first step is to submit a notice of your Dispute through our Informal Dispute Resolution Process, as set out in Section 16(B) below. The goal of this Informal Dispute Resolution Process is to provide you with an opportunity to explain what happened and why you are dissatisfied. If that process does not resolve your Dispute, you may file an individual claim in arbitration or in small claims court.

    Arbitration is a less costly alternative to litigation in state or federal court. An arbitration is presided over by a neutral, experienced third party known as an arbitrator. The arbitrator applies the same law and can award the same relief as a court of law, but does so in a private, arbitral forum with more streamlined procedural rules. As explained in further detail below, you and HPS agree that any arbitration or other adjudication of a Dispute will take place on an individual basis and not on a class or representative basis, meaning that you cannot participate in a class-action lawsuit, class arbitration, or in any joint or consolidated proceedings.

    The Dispute process is laid out in more detail below.

  2. Informal Dispute Resolution Process: Before initiating an arbitration or filing a claim in small claims court, you or HPS must send the other party a Notice of Dispute (“Notice”). The Notice must include the following information: (a) the claimant’s name, address, and phone number; (b) the school district or districts relevant to the claimant’s use of MySchoolBucks; (c) a description of the nature and basis of the claim or Dispute; and (d) an explanation of the specific relief sought and the basis for the calculations. Any Notice must be sent on behalf of an individual party only—a Notice sent on behalf of multiple parties is invalid. To safeguard your personal information, you may be required to provide consent for us to discuss or share your account information with others, including attorneys.

    If HPS initiates the Informal Dispute Resolution Process, it will send the Notice to you electronically and/or to the most recent mailing address it has on file. If you initiate the Informal Dispute Resolution Process, you must send the Notice by email to support@myschoolbucks.com or by mail to: Heartland Payment Systems, LLC, Attn: Legal Department, 3550 Lenox Rd NE, Suite 3000, Atlanta, GA 30326.

    The party sending Notice must give the other party 60 days after receipt to investigate the claim. The party receiving Notice agrees to send confirmation of its receipt within 7 business days of such receipt. During that 60-day period, either you or HPS may request an individualized discussion by phone or videoconference regarding settlement (an “Informal Settlement Conference”). You and HPS must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference. You and an HPS representative must participate, unless otherwise agreed in writing. Counsel may also participate.

    The period between the date on which Notice is sent and the later of (a) 60 days thereafter or (b) the date of the Informal Settlement Conference shall be referred to herein as the “Informal Resolution Period.” In no event shall the Informal Resolution Period last longer than 90 days after the date on which Notice is sent. To ensure that claims are preserved, you and HPS agree that any applicable statute of limitations will be tolled for the claims and relief requested in a Notice during the Informal Resolution Period. Furthermore, if your claim constitutes part of a coordinated, multiple-case, or “mass” arbitration (as set forth in Section 16(F) below), any applicable statute of limitations will be tolled until the claim is filed or deemed filed in arbitration.

    You and HPS agree that no claim may be filed in arbitration, small claims court, or any other adjudicative forum, unless the Informal Dispute Resolution Process is completed and after the Informal Resolution Period has ended. If either you or HPS violates this agreement and files a claim before completion of the Informal Dispute Resolution Process and the conclusion of the Informal Resolution Period, such claim shall be dismissed.

  3. Agreement to Arbitrate: IF YOU AND HPS CANNOT RESOLVE YOUR DISPUTE THROUGH THE INFORMAL DISPUTE RESOLUTION PROCESS DESCRIBED ABOVE, YOU AND HPS AGREE THAT ANY AND ALL DISPUTES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY; PROVIDED, HOWEVER, THAT YOU OR HPS MAY ELECT TO HAVE CLAIMS HEARD IN SMALL CLAIMS COURT IF THE CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SMALL CLAIMS COURT. ANY ARBITRATION OR SMALL CLAIMS COURT ACTION MUST PROCEED 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 any court other than a small claims court. Instead, you and HPS agree to have all Disputes resolved in arbitration by a neutral third-party arbitrator, which arbitration may only be commenced after you and HPS have completed the Informal Dispute Resolution Process set forth above in Section 16(B).

    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. Any arbitration hearing shall take place through videoconference by default unless (i) you and HPS agree upon another location or (ii) the arbitrator, acting in his or her discretion, decides to require an in-person hearing. The arbitration shall be administered by the American Arbitration Association (AAA). Claims of $25,000 or less shall be governed by the AAA’s Consumer Arbitration Rules and, if applicable, its Mass Arbitration Supplementary Rules, as modified by this Dispute Resolution agreement. 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 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. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider.

    You and HPS undertake to maintain confidentiality as to the existence of the arbitration and as to all submissions, correspondence and evidence relating to the arbitration. This provision shall survive the termination of the arbitral proceedings.

    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” provision 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 the arbitrability of any Dispute, including all issues of interpretation, scope, applicability, validity, and enforceability of this “Dispute Resolution” provision. This agreement to arbitrate is intended to be broadly interpreted.

  4. Waiver of Right to Bring Class Actions or Representative Claims; Jury Trial Waiver: You and HPS agree that all Disputes within the scope of this Dispute Resolution provision shall proceed solely on an individual basis and that any Dispute shall not be arbitrated or litigated as a class action, shall not be consolidated with the claims of any other party, and shall not be arbitrated or litigated on a consolidated, representative, or private attorney general basis. You and HPS waive the right to a trial by jury, to participate in a class-action lawsuit or class-action arbitration (either as a named plaintiff or class member), and to participate in any joint, consolidated, private attorney general, or representative proceeding of any kind. An award or decision in 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. This Section 16(D) does not prevent you or HPS from participating in a class-wide settlement of claims. If this Section 16(D) is limited, voided, or found unenforceable as to a particular claim, then that claim (and only that claim) must proceed in court and be severed from any arbitration.

  5. Fees and Costs: For any arbitration in which your total damage claims, exclusive of attorney fees, are $25,000 or less (a “Small Claim Arbitration”), HPS will pay all filing, administrative and arbitrator costs (together, “Arbitration Costs”) associated with the arbitration unless it is determined that the claim was frivolous or brought in bad faith, as measured by the standards of Federal Rule of Civil Procedure 11. 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 Arbitration case prior to filing, HPS will do so at your written request following your completion of the Informal Dispute Resolution Process outlined above in Section 16(B). You must send your request for the advancement of Arbitration Costs to Heartland Payment Systems, LLC, Attn: Legal Department, 3550 Lenox Rd NE, Suite 3000, Atlanta, GA 30326.

    In a Small Claim Arbitration case, the arbitrator may award reasonable attorney fees, expert witness fees and costs (separate from Arbitration Costs) to the prevailing party as part of any award. In a Small Claim Arbitration case, you may choose to have the arbitration carried out based only on documents submitted to the arbitrator or by a videoconference 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 (a “Large Claim Arbitration”) 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 Arbitration 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).

  6. Procedures for Coordinated, Multiple-Case, or “Mass” Arbitrations: If more than 25 similar claims are asserted against HPS by the same or coordinated counsel and your claim is one of them, you understand and agree that these additional procedures shall apply. If the parties disagree about whether a group of claims qualifies as a coordinated, multiple-case, or mass arbitration, then either party may request that the arbitration provider resolve that issue. For purposes of making this determination, the parties agree that arbitration claims are “similar” if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief.

    Stage One: Counsel for the claimants and counsel for HPS shall each select 25 claims per side (50 claims total ) to be filed (or deemed filed) and to proceed in individual arbitrations as part of a staged process. Each case within Stage One shall be assigned to a different, single arbitrator appointed by the AAA in accordance with the AAA’s Mass Arbitration Supplementary Rules or as otherwise agreed by the parties. If there are fewer than 50 cases, all will be filed in arbitration. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Costs be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. As set forth above, the statute of limitations on any remaining claims shall be tolled from the commencement of the Informal Resolution Process and throughout this staged process. If, contrary to this provision, a party prematurely files in arbitration a claim not selected in Stage One, the parties agree that the AAA shall hold such claim in abeyance. After this initial set of staged proceedings is complete, the parties shall engage in a mandatory global mediation session of all remaining claims using a mediator to be supplied by the AAA. HPS will pay the costs of mediation.

    Stage Two: If the remaining claims are not resolved through the global mediation session required in Stage One, the arbitration provider will randomly select 75 claims to be filed (or deemed filed) and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good-faith discussions. Each case within Stage Two shall be assigned to a different, single arbitrator appointed by the AAA in accordance with the AAA’s Mass Arbitration Supplementary Rules or as otherwise agreed by the parties. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Costs be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. As set forth above, the statute of limitations on any remaining claims shall be tolled from the commencement of the Informal Resolution Process and throughout this staged process. If, contrary to this provision, a party prematurely files in arbitration a claim not selected in Stage Two, the parties agree that the AAA shall hold such claim in abeyance. After this second set of staged proceedings is complete, the parties shall engage in another mandatory global mediation session of all remaining claims using a mediator to be supplied by the AAA. HPS will pay the costs of mediation.

    If any claims remain after the second stage, then this process will be repeated until all claims are resolved. However, in the third and later stages, a total of 100 claims shall be filed and adjudicated, and all such cases will be randomly selected. Claims decided in the third and later stages need not be decided by different individual arbitrators. Any remaining claims beyond the 100 selected in each of the third and later stages shall not be filed or deemed filed in arbitration, nor shall any Arbitration Costs be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. As set forth above, the statute of limitations on any remaining claims shall be tolled from the commencement of the Informal Resolution Process and throughout this staged process. If, contrary to this provision, a party prematurely files in arbitration a claim not selected as one of the 100 cases selected in the third and later stages, the parties agree that the AAA shall hold such claim in abeyance.

    After each set of claims is adjudicated, settled, withdrawn, or otherwise disposed of, this process shall repeat consistent with these parameters until all claims have been adjudicated, settled, withdrawn, or otherwise disposed of. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and the AAA to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

    Throughout the staged process above, the parties shall work in good faith with the arbitrators in order to resolve the cases within 120 days of the arbitrators’ appointment or as swiftly as possible thereafter, consistent with fairness to the parties. If any case selected for a staged set of proceedings is withdrawn prior to the arbitrator’s award (and without the consent of the other party), another case shall be selected to proceed individually in arbitration consistent with the process set forth above.

  7. Small Claims Court Election: Notwithstanding anything else in this “Dispute Resolution” provision, you or HPS may elect to have an individual claim heard in the small claims court for the county or parish in which the school district relevant to the Dispute is located if such claim qualifies for adjudication by such small claims court and so long as it remains in small claims court on an individual, and not a class or representative, basis. If a party has already initiated an arbitration and the other party contends that the claim is within the jurisdiction of the small claims court, it may at any point prior to the appointment of an arbitrator, instruct the arbitration provider to administratively close the arbitration case prior to payment of fees, and direct that the claim be filed, if at all, in small claims court. Upon such a request by a party, the arbitration provider shall administratively close the arbitration proceeding. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. No determination made by a small claims court shall have preclusive effect in any other proceeding.

  8. Agency Proceedings: Nothing in this “Dispute Resolution” provision precludes 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.

  9. Forum Selection: If for any reason this Dispute Resolution provision is held unenforceable and a Dispute were to proceed before a court of general jurisdiction rather than in arbitration or a small claims court, you and HPS each 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).

  10. Opting Out: HPS is providing notice of these updated ToS, including the Dispute Resolution provision by email and on its website. HPS will present MySchoolBucks users with a pop-up window the next time they log in to their account; you may choose to decline or accept these ToS via that pop-up box. Alternatively, you may opt out of this Dispute Resolution provision as follows: no later than 30 calendar days after this Dispute Resolution provision becomes effective, you may send HPS a written statement, including your name, address, school district or districts, and email address, stating that you wish to opt out of this Dispute Resolution provision. You must send your opt-out statement to the following address: Heartland Payment Systems, LLC, Attn: Legal Department Opt Out, 3550 Lenox Rd NE, Suite 3000, Atlanta, GA 30326. Opt-out notices sent via email will not be effective.

  11. Severability: If an arbitrator or court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply.