SEARCH CREATE A PROFILE Search for your school by city, state, or school name Geneva High School Geneva, New York Geneva Middle School Geneva, New York North Street School Geneva, New York West Street School Geneva, New York MealViewer Terms and Conditions of Service Last Updated 9/10/2020 PLEASE READ THESE TERMS AND CONDITIONS (“Ts&Cs”) CAREFULLY. BY ACCESSING THE MEALVIEWER WEBSITE OR MOBILE APPLICATION, AND ANY FEATURES THEREOF (“THE SERVICES”), YOU UNCONDITIONALLY CONSENT AND AGREE TO BE BOUND BY THE TERMS BELOW, INCLUDING AGREEING TO ARBITRATE ANY DISPUTES AND WAIVE CLASS ACTION CLAIMS. IF YOU DO NOT AGREE TO THE TERMS BELOW, DO NOT ACCESS THE SERVICES. Your Use of the Services Heartland Payment Systems, LLC, on behalf of itself and/or its affiliated companies and subsidiaries, (collectively, “Heartland,” “we,” “us,” “our”) provides the Services available at the MealViewer website and mobile application. The following is the understanding and the agreement between Heartland and the person (“you,” “your,” or “user”) who accesses these Services. These Ts&Cs are in addition to any other terms governing access to these Services. By visiting this website in any manner you accept these Ts&Cs. If you are not eighteen (18) years of age or older, we require that you have the specific approval of a parent or guardian to use this Services. Your use of the Services confirms your unconditional agreement to be bound by these Ts&Cs and is subject to your continued compliance with these Ts&Cs. If you do not agree to be bound by these Ts&Cs, you may not access or otherwise use the Services. Before using the Services, please review Heartland’s privacy notice at https://www.heartlandpaymentsystems.com/privacy-policy (the “Privacy Notice”) which is incorporated herein by this reference. You are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security, protection and backup of the information and materials contained in the Services (“Content”). Any login credentials are for your use only and you may not share, transfer, or license them to any other entity or person without express written consent from Heartland. In order to protect us and the data accumulated by us, we may suspend all use of the Services in general or your use of the Services in particular or the information relating to you, without notice, pending an investigation, in the case of a breach or a suspected breach of security. You are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security, protection and backup of the information and materials contained in the Services (“Content”). Any login credentials are for your use only and you may not share, transfer, or license them to any other entity or person without express written consent from Heartland. In order to protect us and the data accumulated by us, we may suspend all use of the Services in general or your use of the Services in particular or the information relating to you, without notice, pending an investigation, in the case of a breach or a suspected breach of security. At our sole discretion, we may suspend your right to access or use any portion or all of the Services if we determine that your use of the Services does not comply with these Ts&Cs, may pose a security risk, may adversely impact the Services, may be fraudulent, or may be in violation of any applicable law, including export control law Unauthorized use of the Services, including but not limited to unauthorized entry into Heartland’s systems, misuse of passwords, or misuse of the Content, is strictly prohibited. Any Non-Human Visitors to the Services shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. The access rights granted to you under these Ts&Cs are non-transferable without our express written permission. You acknowledge and agree that access to the Services may not be available on a continuous basis and the Services will be subject to periodic downtime to permit hardware and/or software maintenance to take place, and as otherwise may be necessary or appropriate, as determined in our sole discretion. The Services, Content, Ts&Cs and any descriptions or related materials, are subject to change without notice. Not all products and services are available in all geographic areas. We will determine your eligibility for access to and/or use of particular products and services in our sole discretion. Use of Content You may use the Services and Content to access information relating to your individual account under the Ts&Cs of this Services and our Privacy Notice. You consent to having your internet protocol address recorded. An email address (the "Identifier") may appear immediately below your internet protocol address if we suspect potential abuse. The Identifier is uniquely matched to your internet protocol address. You agree not to use this address for any reason or purpose. YOU AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES A BREACH OF THESE TS&CS. Allergen and Gluten Disclaimer Heartland’s customer, your school (“School”) makes every attempt to identify ingredients that may cause reactions in people with food allergies or foods that may contain gluten. The School makes every effort to instruct food production staff and servers on the severity of food allergies. In addition, the School labels items with possible allergen‐containing ingredients and is careful in denoting what foods may be gluten-free. However, the School cannot guarantee that the information herein is 100% accurate. The nutritional information displayed is provided from food manufacturers and other third parties. There is the possibility that manufacturers of the commercial foods the School uses could change the formulation at any time and without notice. If you are concerned with food allergies or a gluten-free diet you need to be aware of this risk. Neither the School nor Heartland assumes any liability for adverse reactions you may have to foods consumed, or items you may come into contact with while eating at a School establishment. The information contained herein is not a substitute for reading the label on the products or contacting your school cafeteria directly for additional details. If you have special nutritional needs, please contact your school directly to discuss accommodations. MENUS, FOOD ITEMS, DESCRIPTIONS, INGREDIENTS, ALLERGEN LISTS, FOOD PREPARATION METHODS, AND OTHER DETAILS REGARDING THE FOODS ARE SUBJECT TO FREQUENT CHANGES AND YOU BEAR THE ULTIMATE RESPONSIBILITY OF TAKING SUCH CHANGES INTO CONSIDERATION BEFORE RELYING ON THE INFORMATION PRODUCED BY THIS SOFTWARE. BY USING THIS SOFTWARE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER HEARTLAND NOR THE SCHOOL IS RESPONSIBLE FOR THE EFFECTS OF YOUR DECISIONS THAT MAY RESULT FROM THE USE OF THIS SOFTWARE, INCLUDING, BUT NOT LIMITED TO, YOUR CHOOSING TO TAKE (OR NOT CHOOSING TO TAKE) A SPECIFIC COURSE OF ACTION BASED ON THE INFORMATION PROVIDED HEREIN. SERVICES INTENDED AS A GUIDE ONLY This Service is not intended as a substitute for discussions with your school and/or medical provider about special nutritional needs. The Service is intended as a guide only. The purpose of this Service is to provide information relative to ingredient options given an individual’s food preferences. The goal of the Service is to provide instantaneous menus that highlight the details of the ingredients of menu choices for students. Accordingly, you agree to not assert any claims of any manner against Heartland or the School for any information presented on or through the Services. Furthermore, you agree not to present or maintain any claims against Heartland or the School indirectly through any third party, including family members, guardians, or otherwise. Content Disclaimer The Services may display third party content, including the internet, pictures, videos, music, graphics, sound, and other materials (“Third Party Content”). Heartland has no control over the Third Party Content that is accessed or displayed using the Services. Third Party Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. Third Party Content from may also harm the Services. Heartland is not responsible for any Third Party Content, or for any damage caused by any Third Party Content accessed through the Services. Description of Services The Services are designed to allow the user to access the Services and Content including general information, and specific information relating to the individual user and that user's account, and may include a section requiring login credentials, such that certain information can be accessed only by Heartland staff and registered users. The services provided, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these Ts&Cs. License Grant Heartland is the owner of all right, title and interest in the Services. Heartland hereby grants you a personal, limited, revocable, nonexclusive, nontransferable license to use the Services, provided that you fully comply with these Ts&Cs. You may not modify, reverse engineer, decompile, disassemble, modify, copy, alter, assign, sublicense, transfer, lease, rent or otherwise share the Services. Data Collection and Sharing In accordance with the Privacy Notice, you consent to our collection, use and disclosure of information associated with the Services, to the processing of your data, and to the transfer of your data, as necessary, as determined by Heartland, to enable the Services to function, which may involve transmission over international borders. Government Use The application is comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and is provided to the Government (for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Intellectual Property Rights The Services and Content are owned by or licensed by Heartland or other third parties and are protected from any unauthorized use, copying, or dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. The trademarks, logos, and service marks displayed in the Services are the property of Heartland, its affiliates, subsidiaries, and other parties. Users of the Services are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of, or otherwise using any of the Content for commercial, public or other purposes not authorized by these Ts&Cs, including but not limited to, use of as links or meta tags in other pages or websites on the Internet. Nothing contained in these Ts&Cs or in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of Heartland or such third party that may own the Content or intellectual property displayed in the Services. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF CONTENT IS STRICTLY PROHIBITED. Any use of Content other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of third parties. Tampering You agree not to change, modify, add to, remove from, delete or otherwise corrupt any information contained in the Services or the Content. You also agree not to use unlawfully or reproduce any of the software, code there from, copyrighted material, trademarks, or other intellectual or proprietary property contained in the Services or made available through it. Unlawful use and reproduction includes but is not limited to decompiling, reverse engineering, disassembling, translating, modifying, copying, altering, and creating derivative works. No Warranties THE INFORMATION AND MATERIALS CONTAINED IN THE SERVICES, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS". HEARTLAND DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THIS INFORMATION OR MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION OR MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, STATUTORY, OR ARISING OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE CONTENT OR THE SERVICES. HEARTLAND SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE SERVICES. HEARTLAND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HEARTLAND) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. From time to time, we may update, improve, change, add to (or remove from) the Content at our sole discretion and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Services. Your use of the Services is at your own risk. Limitation of Liability YOU AGREE THAT HEARTLAND AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE SERVICES OR CONTENT OR USE THEREOF, OR ANY PARTY’S INABILITY TO USE THE SERVICES OR CONTENT, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, UNAUTHORIZED ACCESS TO YOUR ACCOUNT INFORMATION AND ANY MISUSE OF SUCH INFORMATION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF HEARTLAND, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT, OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HEARTLAND’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by this Agreement to release fully, finally, and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto. Security Heartland encrypts certain data transmitted to and from client websites for the user's protection. THE SECURITY OF INFORMATION TRANSMITTED THROUGH THE INTERNET CAN NEVER BE GUARANTEED. HEARTLAND IS NOT RESPONSIBLE FOR ANY INTERCEPTION OR INTERRUPTION OF ANY COMMUNICATIONS THROUGH THE INTERNET OR FOR CHANGES TO OR LOSSES OF DATA. Changes to Ts&Cs Heartland reserves the right, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Services or these Ts&Cs, in whole or in part, at any time without further notice. For changes to these Ts&Cs that we deem material, we will notify you within the Services. If you access or use the Services in any way after the Ts&Cs have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Ts&Cs will be available on the Services and will supersede all previous versions of these Ts&Cs. Termination You understand and agree that Heartland may, in its sole discretion and at any time, terminate your account or use of the Services, and/or prohibit you from accessing the Services, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that Heartland may take any one or more of these actions without prior notice to you. Should Heartland take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account. You understand and agree that Heartland shall not have any liability to you or any other person for any termination of your access to the Services and/or the removal of information concerning your account. Heartland will determine your compliance with these Ts&Cs in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of these Ts&Cs may result in restrictions on your access to all or part of the Services and may be referred to law enforcement authorities. No changes to or waiver of any part of these Ts&Cs shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Heartland. Upon demand by Heartland, you must destroy all materials obtained from the Services and all related documentation and all copies and installations thereof. Indemnification BY USING THE SERVICES YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR TS&CS HEREUNDER; YOUR VIOLATION OF THESE TS&CS OR ANY LAW; YOUR USE OF THIS SERVICES AND/OR THE CONTENT IN VIOLATION OF THESE TS&CS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MOBILE DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR HEARTLAND’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN HEARTLAND’S DEFENSE OF ANY CLAIM. HEARTLAND RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF HEARTLAND. Governing Law Use of the Services shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Georgia, USA. Users of the Services hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Atlanta, Georgia, USA in all disputes (a) arising out of or relating to the Services and/or these Ts&Cs, (b) in which the Services or these Ts&Cs are an issue of fact, or (c) in which the Services and/or these Ts&Cs are referenced in such dispute. General Use of the Services is unauthorized in (a) any manner that does not give full effect to all provisions of these Ts&Cs and (b) any jurisdiction where the use of the Services may violate any legal requirements. No joint venture, partnership, employment or agency relationship exists as a result of these Ts&Cs or your use of the Services. These Ts&Cs, together with any incorporated or referenced documents, constitute the entire Ts&Cs between you and Heartland with respect to the Services and supersede any prior or contemporaneous communications and proposals, whether electronic, oral, or otherwise between you and Heartland with respect to the Services. No modification of these Ts&Cs shall be effective unless agreed to in writing by an authorized officer of Heartland. Any alleged waiver of any breach of these Ts&Cs shall not be deemed to be a waiver of any future breach. Should any term of these Ts&Cs be declared void or unenforceable by a court of competent jurisdiction, such declaration shall have no effect on the remaining terms of this Ts&Cs. Heartland Contact Information Please address any questions, complaints or claims, with respect to the Services, to Heartland. Telephone Number: 866-351-2248, E-mail address: MealViewerSupport@e-hps.com. DISPUTE RESOLUTION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND IMPACTS HOW DISPUTES ARE RESOLVED. Mandatory Arbitration: YOU AND HEARTLAND AGREE THAT ANY AND ALL DISPUTES (AS DEFINED BELOW) SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY; PROVIDED, HOWEVER, THAT YOU OR HEARTLAND MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SMALL CLAIMS COURT AND PROCEEDS ONLY ON AN INDIVIDUAL (NOT A CLASS OR REPRESENTATIVE) BASIS. You and Heartland agree that we are each waiving the right to a trial by jury and any right to have a Dispute heard in court. Instead, you and Heartland agree to have all Disputes resolved in arbitration by a neutral third-party arbitrator. In arbitration, Disputes are resolved by an arbitrator instead of a judge or jury, discovery is more limited than in court and the arbitrator’s decision is subject to limited review by courts. However, the arbitrator must follow the law and can award the same relief, on an individual basis, as in court, including monetary damages, injunctive relief, declaratory relief and other relief. The arbitrator’s award can be confirmed in any court of competent jurisdiction. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted in the county of your residence or other location if mutually agreed upon by the parties. The arbitration shall be conducted by the American Arbitration Association (AAA). For claims of $25,000 or less, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. For claims over $25,000, the AAA's Commercial Arbitration Rules will apply. If either set of rules are not available, the AAA rules applicable to consumer disputes shall apply. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. This arbitration provision is entered pursuant to the Federal Arbitration Act (“FAA”), which shall govern its interpretation and enforcement. To the extent any issues arise as to which the FAA does not apply or govern, this “Dispute Resolution” section and all substantive claims shall be governed by and interpreted according to the laws of the State of Georgia, without regard to principles of conflicts of law. The arbitrator shall decide all issues of interpretation, scope, and application of this “Dispute Resolution” section and the arbitration provision, with the exception of deciding whether the Arbitration Class Action Waiver in Section 19(B)(i) is valid or enforceable. Any question regarding the validity or enforceability of Section 19(B)(i) shall be resolved by a state or federal court in Fulton County, Georgia, which You and Heartland agree shall be the sole and exclusive jurisdiction for any such question to be resolved (and for which You and Heartland consent to the Court’s jurisdiction and waive any right to challenge jurisdiction or venue). This Dispute Resolution section shall survive termination of this agreement. The agreement to arbitrate is intended to be broadly interpreted. Arbitration Class Action Waiver: You and agree that arbitration shall proceed solely on an individual basis and that any Dispute shall not be arbitrated as a class action, shall not be consolidated with the claims of any other party, and shall not Heartland be arbitrated on a consolidated, representative or private attorney general basis. The award or decision in the arbitration will not have any preclusive effect as to issues or claims involved in any proceeding between Heartland and anyone who is not a named party to the arbitration. The arbitrator may award monetary, declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s monetary, declaratory and injunctive award, if any, shall not apply to any person or entity that is not a party to the arbitration. Any questions regarding the enforceability of this Section 19(A)(i) shall be decided by a court and not the arbitrator. If any portion of this Section 19(A)(i) is deemed invalid or unenforceable, then the entire arbitration provision in Section 14 (other than this sentence and Section19(B)) shall be null and void and not apply. In no case shall an arbitration proceed on a class basis. Small Claims and Agency Proceedings: Notwithstanding anything else in this “Dispute Resolution” section, you or Heartland may bring an individual action in small claims court if it so qualifies and so long as it remains in small claims court on an individual, and not a class or representative, basis. Further, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. Fees and Costs: For any arbitration in which your total damage claims, exclusive of attorney fees, are $25,000.00 or less (“Small Claim”), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs (separate from Arbitration Costs as defined below) as part of any award, but may not grant Heartland its attorney fees, expert witness fees or costs (separate from Arbitration Costs) unless it is determined that the claim was frivolous or brought in bad faith. In a Small Claim case, Heartland will pay all filing, administrative and arbitrator costs (together, “Arbitration Costs”) associated with the arbitration. Any request for payment of Arbitration Costs by Heartland shall be submitted to the AAA along with your Demand for Arbitration; provided, however, that if you want Heartland to advance the Arbitration Costs for a Small Claim prior to filing, Heartland will do so at your written request which must be sent to Heartland Payment Systems, LLC, Attn: Legal Department, 3550 Lenox Rd NE, Suite 3000, Atlanta, GA 30326. In a Small Claim case, you may choose to have the arbitration carried out based only on documents submitted to the arbitrator or by a telephonic hearing, subject to the arbitrator, acting in his or her discretion, deciding to require an in-person hearing. The party or parties responsible for Arbitration Costs for arbitrations in which your total damage claims, exclusive of attorney fees, exceed $25,000.00 (“Large Claim”) shall be determined according to AAA rules; provided, however, that if you are able to demonstrate that the Arbitration Costs will be prohibitive as compared to the costs of litigation, Heartland will pay as much of the Arbitration Costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorneys’ fees, expert witness fees and costs (separate from Arbitration Costs). Non-Arbitration Class Action and Jury Waiver: If for any reason any Dispute proceeds in court rather than arbitration, you and Heartland each waive any right to a jury trial, and any Dispute that proceeds in court shall proceed solely on an individual, non-class, non-representative basis. In any Dispute that proceeds in court, neither you nor Heartland may be a class representative or class member or otherwise participate in any class, consolidated, private attorney general or representative proceeding. If for any reason any Dispute proceeds in court rather than arbitration, you and Heartland also agree that the sole and exclusive jurisdiction for any such action shall be a state or federal court in Fulton County, Georgia (and for which you and Heartland consent to the Court’s jurisdiction and waive any right to challenge jurisdiction or venue). Severability: If an arbitrator or court decides that any part of this Dispute Resolution section, other than Section 19(A)(i) is invalid or unenforceable, the other parts of this Dispute Resolution Section shall still apply. Notwithstanding the previous sentence, in all cases, Section 19(B) shall remain in effect, valid and enforceable. Definitions: The terms “Dispute” and “Disputes” shall be broadly interpreted to include any claims, disputes, disagreements or controversies that you and Heartland had, have or may in the future have against each other, whether based in contract or tort or on a statute or regulation or any other legal theory, including, without limitation, all claims, disputes, disagreements or controversies related in any way to or arising in any way out of your use of the MealViewer mobile application or platform; (b) your use of the MealViewer mobile application or any software or hardware platform operated by or for MealViewer, (c) any other Heartland product or service made available through MealViewer or the MealViewer mobile application or services; (d) any Heartland advertisement, representation or marketing, including, without limitation, any advertisement, representation or marketing on the MealViewer mobile application; (e) any contract, warranty, or other agreement you had or have with Heartland; (f) any Heartland billing or other policy or practice; (g) any action or inaction by any Heartland officers, directors, employees, agents, or other representatives relating to any Heartland product, marketing, representation or service, including without limitation MealViewer; (h) any claims Heartland brings against you; and (i) any aspect of the relationship between you and Heartland. “Dispute” and “Disputes” includes claims, disputes, disagreements or controversies that arose at any time, including after these Ts&Cs terminated. CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding. Mobile App. If you access the MealViewer mobile application, the following additional terms and conditions apply: Terms Required by Apple, Inc. If your device is an iPad, iPhone, or iPod Touch, the following additional terms apply: Apple, the Apple logo, iPad and iPhone are trademarks of Apple, Inc. (“Apple”), registered in the U.S. and other countries. iTunes and the Apple App Store are service marks of Apple. These Ts&Cs are between you and Heartland only, and not with Apple. Heartland, and not Apple, is solely responsible for the Services. Apple has no obligation at all to provide any support or maintenance services in relation to the Services. If you have any maintenance or support questions in relation to the Services or the MealViewer mobile application, please contact Heartland, not Apple, using the contact details at the end of this section. Except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Services are between you and Heartland (and not between you, or anyone else, and Apple). iTunes and the Apple App Store are owned and operated by Apple. Your use of the Apple App Store is governed by a legal agreement between you and Apple. You acknowledge that you had the opportunity to review Apple’s App Store Terms of Service and agreed to be bound by them when you accessed and downloaded the app via the Apple App Store. To the maximum extent permitted by applicable law, Apple shall have no warranty obligation or liability whatsoever with respect to the Services, including without limitation in relation to the sale, distribution or use of the Services, or the performance or non-performance of the Services. In the event that the Services fail to comply with any warranty set forth in these Ts&Cs, you may notify Apple, and Apple will refund the purchase price for the Services to you. Apple shall not be responsible for addressing any claims by you or any third party relating to the Services or the possession and/or use of the Services, including but not limited to (i) product liability claims, (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation. Apple shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Services or your possession and use of the Services infringes a third party’s intellectual property rights. You represent and warrant that (i) the Services will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a ‘terrorist-supporting’ country, and (ii) neither you or any use designated by you are listed on any U.S. Government list of prohibited or restricted parties. Support requests, as well as questions, complaints or claims regarding the Services, may be directed to Heartland at: 765 Jefferson Road #400, Rochester NY 14623, by phone at 1-866-351-2248, , and by email at MealViewerSupport@e-hps.com. Notwithstanding anything to the contrary in any other agreement between the parties, Apple and its subsidiaries are third-party beneficiaries of these Ts&Cs, and have the right (and shall be deemed to have accepted the right) to enforce these Ts&Cs against you. Terms Required by Google, Inc. If your device is an Android-powered device, the following additional terms apply: Android™ is a trademark of Google Inc. (“Google”). Use of this trademark is subject to Google Permissions. These Ts&Cs are between you and Heartland only, and not with Google. Heartland, and not Google, is solely responsible for the Services. Google has no obligation at all to provide any support or maintenance services in relation to the Services. If you have any maintenance or support questions in relation to the Services or the MealViewer mobile application, please contact Heartland, not Google, using the contact details at the end of this section. Except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Services are between you and Heartland (and not between you, or anyone else, and Google). The Google Play Store is owned and operated by Google Inc. Your use of the Google Play Store is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Store Terms of Service (found at http://www.google.com/mobile/android/market-tos.html) and together with the Google Terms of Service called the “Terms”). In addition, your use of the Google Play Store is subject to the Google Play Store Business and Program Policies (found at http://www.google.com/intl/en_us/mobile/android/market-policies.html). The Google Play Store Terms of Service, Google Play Store Business and Program Policies, and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict. You acknowledge that you had the opportunity to review the Terms and agreed to be bound by them when you accessed and downloaded the app via the Google Play Store. To the maximum extent permitted by applicable law, Google shall have no warranty obligation or liability whatsoever with respect to the Services, including without limitation in relation to the sale, distribution or use of the Services, or the performance or non-performance of the Services. In the event that the Services fail to comply with any warranty set forth in these Ts&Cs, you may notify Google, and Google will refund the purchase price for the Services to you. Google shall not be responsible for addressing any claim by you or any third party relating to the Services or the possession and/or use of the Services, including but not limited to (i) product liability claims, (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation. Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Services or you possession and use of the Services infringes a third party’s intellectual property rights. You represent and warrant that (i) the Services will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a ‘terrorist-supporting’ country, and (ii) neither you or any user designated by you is listed on any U.S. Government list of prohibited or restricted parties. Support requests, as well as questions, complaints or claims regarding the Licensed Products, may be directed to Licensor at: 765 Jefferson Road #400, Rochester NY 14623, by phone at 1-866-351-2248, , and by email at MealViewerSupport@e-hps.com. Notwithstanding anything to the contrary in any other agreement between the parties, Google and its subsidiaries are third-party beneficiaries of these Ts&Cs, and have the right (and shall be deemed to have accepted the right) to enforce these Ts&Cs against you. In order to continually innovate and improve the Google Play Store, Google may collect certain usage statistics from the Market and Supported Android Devices, including but not limited to, information on how the Google Play Store and Supported Android Devices are being used. The data collected is examined in the aggregate to improve the Google Play Store for users and developers and is maintained in accordance with Google's Privacy Notice. To ensure the improvement of the Services, limited aggregate data may be available to Heartland upon its written request. I ACCEPTI DO NOT ACCEPT