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TERMS AND CONDITIONS

TERMS AND CONDITIONS
GOVERNING THE USE OF THE
TEXAS CHILD SUPPORT PAYMENT WEB SITE

Last Updated April 6, 2022

These Terms and Conditions (called the “Agreement”) contains important information and guidelines for using the Texas Child Support 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 Payment Website, or TX CSPW (together “TX CSPW”, “we”, “us” , or “our” as applicable), and by logging into or accessing TX CSPW and authorizing a payment to be made for child support, you indicate that you acknowledge and accept this Agreement, which includes our Privacy Policy. 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 CSPW’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 CSPW, you accept this Agreement in its last updated form. The Agreement may be altered or amended by the TX CSPW 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 CSPW 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 CSPW 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 CSPW, 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 CSPW 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 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 CSPW, 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.

“Initiated” means the creation of a payment by you by entering a Payment Instructions and therefore scheduling a payment with the TX CSPW.

“Payment Delivery Date” means the date you select for an Electronic Funds Transfer payment to be drafted from your Bank Account or for a Card payment to be made from your card.

“Payment Instruction” means the information provided by you to instruct us and/or our agents to make a payment for a Child Support Matter on a particular date and for a particular amount, in accordance with the instructions you provide.

“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 weeks, semi-monthly or monthly basis, as you determine in your Payment Instruction.

II. USER REQUIREMENTS AND ACCEPTABLE USE

Users, referred to as “you” and “your(s)” refers to each person who registers or uses the TX CSPW, or each person who uses the TX CSPW with the permission of and on behalf of a registered user. You may be (i) a non-custodial parent making one 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 or more payments on behalf of your employee, or (iii) any other party making one 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 CSPW.

Limitations on Sources of Funds

In order to make a payment via the TX CSPW, either via an Electronic Funds Transfer from a Bank Account, or with a Card, you must be the legal owner of 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. In order to make an Electronic Funds Transfer, you must be an authorized signer on the Bank Account that you provide for us to debit. Electronic Funds Transfers made through our website may not be associated with a foreign bank account, as such payments are considered “international ACH transactions (IAT)”, and not covered by our service. Thus, your Bank Account must be held at a financial institution within the United States. TX CSPW 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 CSPW 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 CSPW and/or its agents have the right to terminate your TX CSPW 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: your using or attempted use of the TX CSPW 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 CSPW 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 CSPW, 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 CSPW, are responsible for maintaining adequate security and control of any and all IDs, passwords, or any other details that you use to access TX CSPW. You must never disclose your TX CSPW 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 CSPW.

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 CSPW. 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 CSPW registration, login details, password or any other security features related to TX CSPW 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 CSPW 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) in case you have any questions or concerns.

We may (but are not obligated to) suspend your TX CSPW registration or otherwise restrict its functionality if we have concerns about the security of your TX CSPW registration or potential unauthorized or fraudulent use of TX CSPW or any of its security features.

III. USING THE TEXAS ONLINE CHILD SUPPORT PAYMENT WEB SITE

TX CSPW 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).

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 CSPW 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 CSPW on your statement.

You understand and agree that TX CSPW is not liable for incorrect debits to your Bank Account or Card, except that should an error occur, TX CSPW will be responsible for correcting it if and when TX CSPW receives notice from you of this error, as described in this Agreement. TX CSPW 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 upload method and may change or stop offering a particular upload 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 Recurring Payment instruction, please follow the directions on our website. You must cancel any future bank drafts at least 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 business day prior to the date the charge is scheduled to be made. There is no charge for cancelling or editing a Future Payments or a Recurring Payment. If you would like information about attempting to cancel or edit any payment, you must call the TX CSPW Customer Service Unit at 1-855-853-8286 (available Monday-Friday, 8:00 a.m. to 6:00 p.m., Central Standard Time (CST).

Payment by Electronic Funds Transfer

If you choose to make one 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, and you confirm 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, 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 micro-payments (each payment will be less than one U.S. dollar ($1.00)) over the course of one to three 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 CSPW, 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 TX CSPW 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 CSPW 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 CSPW 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 CSPW will not be able to process your payment. In these instances, you will receive a notification from the TX CSPW via email. In such case, you agree that you will reimburse the TX CSPW 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 CSPW 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 rectify any payment processing error that we discover. If the error results in:

• Your Child Support Matter receiving less than the correct amount to which it was entitled, then we will credit it for the difference between what it should have received and what you actually received.

• Your Child Support Matter receiving more than the correct amount to which you were entitled, then we will debit your Bank Account or Card for the difference between what you actually received and what you should have received.

• Our not completing a Payment Instruction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:

• through no fault of ours, you did not have enough available funds to complete the transaction;

• our system was not working properly, and you knew about the breakdown when you started the transaction; or

• the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

Processing errors are not:

• Delays that result from our applying limits or holds in accordance with the Section “Limitations on Sources of Funds” above.

• Delays based on a standard due diligence review of a payment, or a review related to suspicious activity, unlawful activity, activity that may violate this Agreement or insufficient available funds.

• Your errors in making a transaction (for example, mistyping an amount of money that you are sending or mistyping details of the Child Support Matter).

In case of suspected errors, you should, as soon as possible:

1. Telephone the TX CSPW 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: TX Child Support State Disbursement Unit, P. O. 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 CSPW is typically available twenty-four (24) hours a day, seven (7) days a week. However, the TX CSPW 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 CSPW services are provided “As-Is”, “Where Is” and “Where Available” and without any representation or warranty, whether express, implied or statutory. TX CSPW 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 CSPW 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 CSPW. You should use your own virus protection software. You must not misuse the TX CSPW 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 CSPW, or our website, our servers, computers or databases. You must not attack our website with any type of denial-of-service attack. By breaching this provision, you would commit a criminal offense under applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030). We may report any such breach to the relevant law enforcement authorities, and we may co-operate with those authorities by disclosing your identity or other information to them. In the event of such a breach, your right to access and use of our website and/or TX CSPW will cease immediately without notice, and you must immediately cease all such access and use.

VI. DISCLAIMER OF LIABILITY

TX CSPW will use its best efforts to apply all your payments properly. However, TX CSPW and/ or its agents incur no liability for damages suffered by you as a result of your unsuccessful attempts to use TX CSPW. This disclaimer applies to any actions that are performed by any entity other than TX CSPW in connection with your attempted use of the TX CSPW. Damages that TX CSPW 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 CSPW and/ or its agents shall not be responsible for any damages arising from or related to TX CSPW’s inability to complete any payments initiated by you through the TX CSPW 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 CSPW Service is not working properly and you know or have been advised by TX CSPW about the malfunction before you execute the transaction;

3. If you provide TX CSPW 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 CSPW 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 CSPW and/ or its agents are not responsible for any errors or failures from any malfunction of your computer or software. TX CSPW and/ or its agents are not responsible for any electronic virus or viruses that you may encounter. TX CSPW and/ or its agents are not responsible for computer virus related problems that may be associated with your use of TX CSPW Service. TX CSPW 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 CSPW and/ or its agents are not responsible for verification of the identity of recipients. TX CSPW 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.

VII. INDEMNITY

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless TX CSPW, 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 CSPW 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 CSPW and/ or any agent of the TX CSPW including but not limited to Child Support Services Staff, Customer Service staff, etc., you and TX CSPW 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 CSPW 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 CSPW 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 CSPW 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 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 CSPW’s prior written consent. TX CSPW 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.

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