TERMS AND CONDITIONS GOVERNING THE USE OF THE TEXAS CHILD SUPPORT INTERNET PAYMENT WEBSITE

Last Updated: June 6, 2023 These Terms and Conditions (called the “Agreement”) contains important information and guidelines for using the Texas Child Support Internet Payment Website. This Agreement is a contract between you and SMI Pay, LLC and its subsidiaries and agents, which may be doing business as Texas Child Support Internet Payment Website, or TX CSIPW (together “TX CSIPW”, “we”, “us”, or “our” as applicable), and by logging into or accessing TX CSIPW and its website and authorizing a payment to be made for child support, you indicate that you acknowledge and accept this Agreement, which includes our Privacy Policy available at tx.smartchildsupport.com. Please make sure to pay particular attention to Sections VII “Indemnity,” and IX “Disputes, Arbitration; Waiver of Class Action” below. By entering into this Agreement, you also consent to receive communications related to the TX CSIPW’s services or your activities on our website in electronic format, and you affirm that you are at least eighteen (18) years of age and legally capable of entering into this Agreement. Your use of certain of our services may be subject to additional terms and conditions, as communicated by us to you through our website or by other means, and such additional terms and conditions are incorporated into this Agreement. Some capitalized terms have specific definitions that are defined in the Definitions Section below or within this Agreement. Each time you use TX CSIPW, you accept this Agreement in its last updated form. The Agreement may be altered or amended by the TX CSIPW and/ or its agents from time to time. In the event that we amend this agreement in a way that increases liability or fees for you with respect to Future or Recurring Payments or reduces the available Electronic Fund Transfers or provides for stricter limitations on the frequency or amount of Future or Recurring Payments, TX CSIPW shall provide notice to you not less than twenty-one (21) days prior to the effective date of such changes. Any use of the TX CSIPW after we provide you with a notice of any change to this Agreement will constitute your agreement to such change(s). We will not give you prior notice if an immediate amendment to this Agreement is necessary for security reasons. Further, TX CSIPW, from time to time, may revise or update its service offering, and/or the related material it provides, and prior versions shall become invalid. TX CSIPW reserves the right to terminate this Agreement and all such prior versions of this Agreement, its services, and/ or related material. NOTICE REGARDING MANDATORY WAGE WITHHOLDING A payment made via our website cannot replace federally mandated income or wage withholding. If you are a non-custodial parent and your child support order requires income or wage withholding, the relevant child support agency may take withholding action or any other collection action without further notice to you, even though you are making or have made one (1) or more payments over the Internet or via our website. If you are currently under an income or wage withholding order, making Internet payments will not result in the cancellation of such income or wage withholding order. I. DEFINITIONS “ACH” means the Automated Clearing House (ACH) Network funds transfer system, governed by the National Automated Clearing House Association (NACHA) Operating Rules that provides for the interbank clearing of electronic entries for participating financial institutions. “Bank Account” means the checking, savings or other financial account from which your Electronic Funds Transfer payments will be made. “Business Day” means Monday through Friday, excluding state, federal, and Federal Reserve holidays. “Card” means the credit or debit card you use to make a payment with the TX CSIPW, including mobile wallet payments. “Child Support Matter” means the case/order belonging to a participant in the child support system and the information that uniquely identifies the case/order that you provide in connection with your Payment Instruction. “Electronic Funds Transfer” means a mechanism for moving money electronically from one financial institution to another. “Future Payment” means a one-time payment scheduled by you to take place on a future date chosen by you up to six-months in advance. “Payment Delivery Date” is the date you select for Electronic Funds Transfer payments to be drafted from your bank account and credited to your child support account. If the payment delivery date falls on a non-business day the funds will be withdrawn the next Business Day. “Payment Instruction” means the information provided by You for identification of a web payment to be made to a child support case(s) (such as, but not limited to, non-custodial parent's name, non-custodial parent's social security number, non-custodial parent's case number, payment amount, and payment date). “Payment Service Provider” means a payment service provider, including any payment gateways, money transmitters, credit and debit card payment processors, merchant acquirers, and merchant acquiring banks that we work with in order to accept payments from you. “Posted Date” means the Business Day that a payment made by you is scheduled to apply to the relevant Child Support Matter. “Processing Period” the period of time from two (2) Business Days prior to the Payment Delivery Date and continuing up to the Posted Date. “Recurring Payment” means a series of payments scheduled by you to occur in the future either on a weekly, every two (2) weeks, semi-monthly or monthly basis, as you determine in your Payment Instruction. “TX CSIPW” means the Texas Child Support Internet Payment Internet Website used for processing child support payments via the Internet. "We," "Us," and "Our(s)" refer to the TX Office of the Attorney General, the TX State Disbursement Unit CSIPW, and/ or its agents. II. USER REQUIREMENTS AND ACCEPTABLE USE Users, referred to as “you” and “your(s)”, refers to each person who registers or uses the TX CSIPW, or each person who uses the TX CSIPW with the permission of and on behalf of a registered user. You may be (i) a non-custodial parent making one (1) or more payments on your own behalf (ii) an employer withholding funds from a non-custodial parent at the direction of the Texas Office of the Attorney General and making one (1) or more payments on behalf of your employee, or (iii) any other party making one (1) or more payments on behalf of a non-custodial parent. All information you provide to us must be complete, accurate and truthful. You are responsible for keeping your email address up-to-date on the TX CSIPW. Limitations on Sources of Funds In order to make a payment via the TX CSIPW, either via an Electronic Funds Transfer from a Bank Account, or with a Card, you must be an authorized signer on the relevant Bank Account used for the Electronic Funds Transfer, or the Card you use for the payment, as applicable. You must also have a valid e-mail account and access to the Internet. More information about acceptable payment methods is below. Electronic Funds Transfers made through our website may not be associated with a foreign bank account. Thus, your Bank Account must be held at a financial institution within the United States. TX CSIPW reserves the right in our sole discretion to limit or to refuse your use of our payment service by imposing limits, hold times, or other measures. Reasons for refusal may include, but are not limited to, the inability to match your TX CSIPW registration information with your Bank Account details, the payment coming from outside of the United States, incorrect information about the relevant Child Support Matter, suspicious activity, or insufficient available funds. In addition, TX CSIPW and/or its agents have the right to terminate your TX CSIPW registration, or to reject or reverse any Payment Instruction or transaction(s) you initiate at any time and for any reason, including, but not limited to: (i) your using or attempted use of the TX CSIPW service (directly or indirectly) for any unlawful purpose; and (ii) your payment or payments being returned or refused for any reason including but not limited to insufficient funds, closed account, or a stopped or reversed payment, etc. Your termination or suspension from the use of the TX CSIPW services shall not in any way reduce your or anyone else’s continued child support liability or obligations. Security and Other Limitations on Use Once you have submitted the information necessary to register with the TX CSIPW, you will receive an e-mail acknowledging your registration. The password that you selected when you registered will not appear in this e-mail. You, not TX CSIPW, are responsible for maintaining adequate security and control of any and all IDs, passwords, or any other details that you use to access TX CSIPW. You must never disclose your TX CSIPW password. Keep it safe, don’t write it down, and change your password regularly. We will never ask you to provide your password to us or to a third party. Tell us if anyone asks for your password, and contact Customer Service immediately at 1-855-853-8286 (available Monday-Friday, 8:00 a.m. to 6:00 p.m., Central Standard Time (CST), excluding state and federal holidays) if you are not sure about this, or any other security-related aspect of your use of TX CSIPW. You must make sure that your e-mail account(s) are secure and only accessible by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your interactions with TX CSIPW. Let Customer Service know immediately if your email address becomes compromised. Never use any functionality that allows login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded. If you suspect your TX CSIPW registration, login details, password or any other security features related to TX CSIPW and/or our website are stolen, lost, used without authorization, or otherwise compromised, you should change your password. Contact Customer Service immediately at 1-855-853-8286 (available Monday-Friday, 8:00 a.m. to 6:00 p.m., Central Standard Time (CST), excluding state and federal holidays) if you believe your credentials have been compromised or you are suspicious about the security of your password or any other security features. Telephoning us is the best way to minimize your risk of loss. In addition, contact us at once if you are alerted about any transaction made through TX CSIPW in your name that you did not initiate. We rely on you to regularly check your email and Bank Account and Card statements and to contact Customer Service immediately at 1-855-853-8286 (available Monday-Friday, 8:00 a.m. to 6:00 p.m., Central Standard Time (CST), excluding state and federal holidays) in case you have any questions or concerns. We may (but are not obligated to) suspend your TX CSIPW registration or otherwise restrict its functionality if we have concerns about the security of your TX CSIPW registration or potential unauthorized or fraudulent use of TX CSIPW or any of its security features. III. USING THE TEXAS CHILD SUPPORT INTERNET PAYMENT WEBSITE TX CSIPW allows you to make payments for a Child Support Matter that you identify, via the Internet, either through (i) an ACH transaction, which is an Electronic Funds Transfer that will debit your Bank Account, or (ii) your Card. You can do this by creating a Payment Instruction, which will identify the relevant Child Support Matter and how much you want to pay and on what date(s). Such ACH and Card transactions may also be enabled and initiated through a “pay by text” process whereby, following your enrollment and opting in, you receive a text from us or our third-party partners that enable you to enter your corresponding payments credentials and/or payment method through a link made available to you, which may also be reusable for subsequent payments. Accordingly, you authorize us to text you at the contact information you provide in connection with any pay by text services we may make available to you. Types of Payment Instructions Payments Instructions can be created for (i) an immediate one-time payment, (ii) a single Future Payment (iii) or a series of Recurring Payments. Your ability to set up Future or Recurring Payments is subject to our approval and you understand that we reserve the right to terminate your participation in the Future Payment and/or Recurring Payment option. Immediate one-time payments are generally immediately debited from your Bank Account or the available balance on your Card. A one-time immediate payment generally cannot be cancelled after it has been submitted. Any payment, whether immediate, Future, or Recurring, that has a Payment Delivery Date on a day that is not a Business Day will commence on the next Business Day, and all payments will be subject to the Processing Period. When you set up a Payment Instruction for an immediate one-time payment, a Future Payment or Recurring Payments, you authorize TX CSIPW and/or its Payment Service Providers to automatically debit your Bank Account that you have provided to us, or your Card, as the case may be, and in the case of a Future or Recurring Payments, such authority extends to any future Bank Account or Card that you may designate. You should check with your financial institution to determine if any additional charges for Electronic Funds Transfer or online payments will apply and ask how it will note descriptions of the debits made by TX CSIPW on your statement. You understand and agree that TX CSIPW is not liable for incorrect debits to your Bank Account or Card, except that should an error occur, TX CSIPW will be responsible for correcting it to the extent within its control if and when TX CSIPW receives notice from you of this error, as described in this Agreement. TX CSIPW is a limited payment agent. We do not and will not provide banking, deposit taking, stored value, e-money, escrow, insurance or any other financial service to you and, for the avoidance of doubt, we are not a bank, deposit taking institution, money transmitter or provider of stored value or e-money, holder of escrowed funds, insurance company or any other sort of financial services company. To facilitate payments, we partner with Payment Service Providers. We and our third-party Payments Providers cannot guarantee the use of any particular payment method and may change or stop offering a particular payment method at any time without notice to you. Once you have created a Payment Instruction, we will complete your Payment Instruction once we have received your money from your Card issuer or, in the case of an Electronic Funds Transfer, on the Payment Delivery Date. We are not responsible for Payment Instructions until we have received your funds. Your payment will be posted on the Posted Date at the end of the Processing Period. Cancellation of Future Payments or Recurring Payments To deactivate or cancel a Future Payment or Recurring Payments after you have set up a corresponding instruction, please follow the directions on our website. You must cancel any future bank drafts at least two (2) Business Days prior to the date the draft is scheduled to be made. You must cancel any future credit card charges at least one (1) Business Day prior to the date the charge is scheduled to be made. There is no charge for cancelling or editing a Future Payment or a Recurring Payment. If you would like information about attempting to cancel or edit any payment, you must call the TX CSIPW Customer Service Unit at 1-855-853-8286 (available Monday-Friday, 8:00 a.m. to 6:00 p.m., Central Standard Time (CST), excluding state and federal holidays). Payment by Electronic Funds Transfer If you choose to make one (1) or more payments using an Electronic Funds Transfer, you will need to provide your Bank Account details, including your Bank Account number and routing number. You represent and warrant that your Bank Account details are correct, that you are authorized to access and transmit funds from your Bank Account and it is in your name, that your Bank Account is in good standing with the account-holding financial institution, your Bank Account is located in the United States, and that you have the authority to initiate an Electronic Funds Transfer in the amount at issue from your Bank Account. When you choose to make a payment using an Electronic Funds Transfer and by providing your Bank Account details and requesting a transaction, you authorize us or a Payment Service Provider to initiate electronic credits and debits to your Bank Account through the ACH network, including any applicable fees and charges, and this authorization shall remain in effect unless cancelled in accordance with this Agreement. Account Verification for Electronic Funds Transfer Payments If you select to remit a payment using an Electronic Funds Transfer you may be required to verify your Bank Account. Upon entering the Bank Account information and remitting a payment, your account will receive up to two (2) micro payments (each payment will be less than one U.S. dollar ($1.00)) over the course of one (1) to three (3) Business Days. A debit will also be made to your Bank Account for the total amount of the micro payments required for verification. After receiving the micro payments, you will be required to enter the specific amounts deposited to your account to verify your Bank Account. By using the TX CSIPW, you agree to receive the micro payments to your account and agree to the debit of the total amount of the micro payments made to your Bank Account. Payment by Card If you choose to make a payment via your Card, you will need to provide your Card details, including your Card number and your cardholder name. When you choose to make a payment via Card, you confirm that your Card details are correct, that you are authorized to access and transmit funds from your Card account, that your Card account is in good standing with the account-holding financial institution, and that you have the authority to initiate a Card payment in the amount at issue to or from your Card account. You then authorize our Payment Service Provider to initiate credits and debits through card payment networks in order to process a requested payment, including any applicable fees and charges, and this authorization shall remain in effect so long as you are a registered user with our service unless cancelled in accordance with this Agreement. Once you have submitted the required personal and Card information to authorize a payment by a Card, the card information will be validated by us. Other Types of Payment Methods The Texas Child Support Internet Payment Website does not accept the following payment methods: cash, mailed check, or electronic check. If you want to mail in your payment, please send your payment to Texas State Disbursement Unit, PO Box 659791, San Antonio, TX 78265-9791. Completion of Payment Instructions We may not have control over the time it may take for your bank or our Payment Service Providers to credit and make available funds for your Child Support Matter. We may delay a Payment Instruction, in certain situations, including if we need to confirm that the withdrawal has been authorized by you or if other payments to TX CSIPW from you have been reversed. Once it is determined that your Payment Instruction was successfully completed, you will receive a confirmation by e-mail. You may access the TX CSIPW to obtain a record of all of your payments that were set up as Future or Recurring Payments made during the previous six (6) month period. Insufficient Funds and Other Payment Issues You must log into the website to update us if your Bank Account information or Card information changes. If a request for payment by us is refused by your financial institution or card issuer for any reason, including insufficient funds, closed account, or unauthorized transaction, TX CSIPW will not be able to process your payment. In these instances, you will receive a notification from the TX CSIPW via email. In such case, you agree that you will reimburse the TX CSIPW immediately for the scheduled payment transaction amount that has been returned and for any losses or fees incurred by us. If your Bank Account balance or Card funds availability is insufficient to fund any Payment Instruction, you further authorize the withdrawal of any and such unpaid amounts, together with all applicable fees and penalties, on any date that funds do become available. Any resulting debt to the TX CSIPW is subject to collection action. If a scheduled payment transaction is returned for any reason, your access to our services may be suspended or terminated, and you may be subject to applicable fees and charges. In addition, if we receive a payment from you that is later refunded, reversed, returned, clawed-back or invalidated for any reason, you are responsible for the full amount of the payment plus any fees or losses that we may incur. IV. ERRORS AND QUESTIONS We will use best efforts to rectify any payment processing error that we discover. In case of suspected errors, you should, as soon as possible: 1. Telephone the TX CSIPW Customer Service Unit at 1-855-853-8286 during customer service hours. The hours are Monday-Friday, 8:00 a.m. to 6:00 p.m., Central Standard Time (CST), excluding state and federal holidays; or 2. Write Us at: Texas State Disbursement Unit, PO Box 659400, San Antonio, TX 78265-9400 We will investigate and determine whether an error occurred within 90 days after you contact us. We will inform you in writing of our determination within three (3) Business Days after completing our investigation. V. AVAILABILITY AND INTERNET SECURITY TX CSIPW is typically available twenty-four (24) hours a day, seven (7) days a week. However, the TX CSIPW may be unavailable from time to time for scheduled maintenance and unscheduled down time, and we do not guarantee that our services will be available or uninterrupted at any given time. We have the right to suspend, withdraw, discontinue or change all or any part of our service without notice. In the unusual event that system interruptions result in a delay in processing payments, any previously scheduled payments will be processed as soon as possible upon completion of any system maintenance. We will try to make sure our services are available to you when you need them. However, we will not be liable to you if for any reason our services are unavailable (in whole or in part) at any time or for any period. TX CSIPW SERVICES ARE PROVIDED “AS-IS”, “WHERE IS” AND “WHERE AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TX CSIPW SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE TX CSIPW TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. You are responsible for configuring your information technology, computer programs and platform in order to access TX CSIPW. You should use your own virus protection software. You must not misuse the TX CSIPW by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to TX CSIPW, or our website, our servers, computers or databases. You must not attack our website with any type of denial-of-service attack. In the event of such a breach, your right to access and use of our website and/or TX CSIPW may be terminated immediately without notice, in which case you must immediately cease all such access and use. VI. DISCLAIMER OF LIABILITY TX CSIPW will use its best efforts to apply all your payments properly. However, TX CSIPW and/ or its agents incur no liability for damages suffered by you as a result of your unsuccessful attempts to use TX CSIPW. This disclaimer applies to any actions that are performed by any entity other than TX CSIPW in connection with your attempted use of the TX CSIPW. Damages that TX CSIPW and/or its agents shall not be responsible for include, but are not limited to, fees or charges assessed by your financial institution, telephone service provider, or Internet service provider. Furthermore, TX CSIPW and/ or its agents shall not be responsible for any damages arising from or related to TX CSIPW’s inability to complete any payments initiated by you through the TX CSIPW because of the existence of any one or more of the following circumstances: 1. If your Bank Account or Card does not contain sufficient funds/availability to complete your payment; 2. If the TX CSIPW Service is not working properly and you know or have been advised by TX CSIPW about the malfunction before you execute the transaction; 3. If you provide TX CSIPW with incorrect information, including but not limited to the name, social security number, Child Support Matter, or account information for the child support payment(s); 4. If the cancellation of a transaction was not received by TX CSIPW in a timely manner; or 5. If circumstances beyond our control (e.g., flood, labor strike, national emergency, etc.) prevent the completion of your transaction despite our reasonable precautions. You are responsible for the installation, maintenance, and operation of your computer and your browser software. The risk of error, failure, or non-performance is your risk and includes the risk that you do not operate your computer or your software properly. TX CSIPW and/ or its agents are not responsible for any errors or failures from any malfunction of your computer or software. TX CSIPW and/ or its agents are not responsible for any electronic virus or viruses that you may encounter. TX CSIPW and/ or its agents are not responsible for computer virus related problems that may be associated with your use of TX CSIPW Service. TX CSIPW and/ or its agents have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your computer or your software. TX CSIPW and/ or its agents are not responsible for verification of the identity of recipients. TX CSIPW and/ or its agents are not responsible for payments made to unintended recipients due to the input of incorrect information (including but not limited to social security number, Child Support Matter, etc.) by you. UNDER NO CIRCUMSTANCES WILL TX CSIPW, ITS PAYMENT SERVICE PROVIDERS, OR THEIR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“TX CSIPW PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY: (A) INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; OR (B) AMOUNTS THAT EXCEED THE GREATER OF: (A) THE AMOUNT OF THE CORRESPONDING TRANSACTION GIVING RISE TO THE DISPUTE; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE TX CSIPW PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY TX CSIPW TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION AND THE SECTION ABOVE WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT. VII. INDEMNITY Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless TX CSIPW, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your or your authorized third parties use of, or activities in connection with, our services; and (b) any violation or alleged violation by you of this Agreement or applicable law. VIII. RELEASE If you have a dispute with any third party related to the use of our services (e.g., a child support account beneficiary), you release TX CSIPW from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IX. DISPUTES; ARBITRATION; WAIVER OF CLASS ACTION In the event of a dispute regarding TX CSIPW and/ or any agent of the TX CSIPW including but not limited to Child Support Services Staff, Customer Service staff, etc., you and TX CSIPW and/or its agents first agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and TX CSIPW and/ or its agents which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us and/or our agents relating to the subject matter of this Agreement. If there is a conflict between any statement of an employee, agent, or contractor of the TX CSIPW and the terms of this Agreement, the terms of this Agreement will prevail. If we cannot resolve the dispute through the process above, you and we agree that any dispute arising out of or relating to this Agreement or our services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible at http://www.adr.org/sites/default/files/Consumer%20Rules.pdf ). This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND TX CSIPW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys’ fees. If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator’s rules or applicable law. X. CAPTIONS The captions of sections in this Agreement are for convenience only and do not control or affect the meaning or construction of any of the provisions of this Agreement. XI. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflicts of law provisions. XII. OTHER IMPORTANT TERMS • You may not transfer or assign any rights or obligations you have under this Agreement without TX CSIPW’s prior written consent. TX CSIPW may transfer or assign this Agreement or any right or obligation under this Agreement at any time. • Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date. • Our failure to act with respect to a breach of any of your obligations under this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches. • This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.