General Terms & Conditions - Aventiv Technologies

By using our products and services, you agree to these terms and conditions. It can be tempting to avoid reading them, but it’s important to establish what you can expect from us, and what we expect from you. Please read them carefully.

GENERAL TERMS AND CONDITIONS

Version 1.3, Effective June 27, 2022 (Securus); June 22, 2022 (JPay)

Introduction

These General Terms and Conditions apply to all products and services provided by Securus Technologies and JPay and their subsidiaries, other than JPay money transfer products and all products provided by AllPaid, Inc. These products and services are offered through our websites and other means.

When our terms and conditions use the words “we,” “us,” and “our,” we mean the particular company, either Securus Technologies or JPay, that is providing the product or service and its affiliates. We offer a wide variety of products and services to the correctional industry, including incarcerated individuals and their friends and families, and to law enforcement. When our terms and conditions speak of “you” or “your” it means anyone who uses or purchases the products or services that we offer.

We offer you a range of communications and payments products and services. We refer to these products and services as our “Products”. Our Products include: AdvanceConnect®, Direct Bill, Securus Debit, Video Connect®, Messaging Solutions, Mobile Text Alert and Notification Service, and JPay Player.

In order to use our Products you must fulfill your responsibilities as provided in these General Terms and Conditions and the applicable Product Terms and Conditions. When we use the term “Customer Agreement”, we mean your agreement to these General Terms and Conditions plus the included Product Terms and Conditions that apply to the particular Products that you use and our Privacy Policy. The Privacy Policy is incorporated herein by reference. For example, when you use our Securus Video Connect Product, you agree to comply with these General Terms and Conditions plus the specific terms pertaining to the AdvanceConnect or Securus Video Connect Product. The Product Terms and Conditions are organized and presented separately for your convenience, but is important that you read and understand the relevant Product Terms and Conditions as well as these General Terms and Conditions.

We also make various policies, help centers, and other resources available to you to answer common questions and to set expectations about the use of our Products. These resources include our Privacy Policy and Frequently Asked Questions and other pages accessible on our various website pages.

THESE TERMS INCLUDE A DISPUTE RESOLUTION PROVISION REQUIRING INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT OR INDIVIDUAL ARBITRATION. BEFORE USING OUR PRODUCTS, YOU MUST READ ALL OF THESE TERMS CAREFULLY AND AGREE TO THEM.

Index

General Terms and Conditions

Product Terms and Conditions

Privacy Policy

Introduction

Your Responsibilities

Changes to These Terms and Conditions

Registration, Password, and Security

Use of Our Website and Products

Third-Party Products and Services

Fixing and Improving Our Products and Services

Termination / Suspension

Limited Warranty and Disclaimers

Limitation of Our Liability

Indemnification

Resolving Disputes (“Arbitration Agreement”)

Our Intellectual Property Rights

Law Firm and Lawyer Calls – Privatization

Miscellaneous

Your Responsibilities

You agree that you are bound by the commitments you make to us in exchange for your use or purchase of our Products. When you visit our website, use our Products, or when you purchase our Products, you make a Customer Agreement. Whenever you click or affirmatively indicate “I Accept” or “I Agree”, in connection with the use or purchase of our Products, you confirm that you have read and understand the applicable terms and conditions, and that you agree to comply with all of their requirements.

Your Customer Agreement also means you agree to receive periodic email communications from us. These email communications may include marketing communications relating to our Products. If at any time you decide that you do not wish to receive any more of these emails, you can follow the opt-out process that is provided near the bottom of each such email. Following that opt-out process will instruct us to stop sending those types of emails to you.

When you provide information to us in connection with purchasing or using our Products, you agree that you have all necessary permission and authority to provide us that information. This means that when you provide credit card numbers to us, we can assume that you have the proper authority and permission to use those credit card numbers and to incur charges on those accounts.

Our website and Products are not directed to children and are intended for use only by individuals at least 18 years of age. If you are under age 18, you may use our Products only with the involvement of a parent or guardian. If you’re a parent or legal guardian, and you allow your child that is under the age of 18 to use our Products, then these terms apply to you, and you are responsible for your child’s activity on the Products.

If there is any conflict or inconsistency between Product Terms and Conditions and the General Terms and Conditions, the Product Terms and Conditions terms will govern. You agree to carefully review our website and understand all of the terms and conditions that apply to the Products you use and that make up your Customer Agreement.

Changes to Our Terms and Conditions

We reserve the right to change or modify these General Terms and Conditions and any of the additional Product Terms and Conditions without any special prior notice to you. We will, however, always post the changed terms on our website. The revised terms will automatically be effective once they are posted, and your continued use of our Products after any changes means you agree to the changes, and they become part of your Customer Agreement. We also reserve the right to change, modify or discontinue, temporarily or permanently, our website (or any portion of our website) at any time without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of our website (or any portion of our website).

Registration, Password, and Security

Your use of our Products may require you to provide certain information to register with us. Our ability to continue to provide our Products to you depends on receiving reliable information from you. Whenever you provide us information on our website, via the telephone, or otherwise, you agree to:

provide true, accurate, up-to-date, and complete information; and
maintain and promptly update such information to keep it true, accurate, up-to-date, and complete.

If you provide us any information that is, or that we suspect is, untrue, inaccurate, not up-to-date or incomplete, then we may suspend or terminate your access to our Products or website and refuse to provide you any further use of our Products or website (or any portion thereof) without any advance notice.

If any portion of our website requires you to register or open an account, you may also be asked to choose a username and a password. Please select a password that would not be obvious to someone trying to guess your password. Also, please change your password regularly as an added precaution. You are responsible for maintaining the confidentiality of your username, password and account information. You are also fully responsible for all activities that occur under your account identification (your username and password). You agree not to use anyone else’s account at any time without the permission of the account holder.

The security of your account is important to us. To help us keep your account secure, you agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which we may otherwise have, we reserve the right to take any actions that we believe are necessary or reasonable to keep your account and our website secure. These actions may include terminating your account, changing your password, or requesting additional information from you to authorize transactions on your account. You understand and agree that we may rely on the authority of anyone accessing your account or using your password. Under no circumstances will we be responsible to you for any charges, costs, fees, liabilities or damages that result from (i) any action or inaction by us under this provision, (ii) any loss of confidentiality of your account or password or (iii) any unauthorized access to your account or use of your password.

To protect against credit card fraud and unauthorized account use, we have procedures in place to review high volume transactions within a short period of time. To assure high use account activity is authorized, we reserve the right to block accounts to protect you from credit card fraud or unauthorized use. Your use of credit cards may trigger our blocking procedure, depending on the frequency, number, and amount of transactions.

We take safeguarding your personal information seriously. We have implemented commercially reasonable technical and organizational security measures designed to protect personal information against loss, misuse, and unauthorized access, alteration, disclosure or destruction. We also have implemented measures to maintain the ongoing confidentiality, integrity and availability of the systems and services that process personal information and will restore the availability and access to data in a timely manner in the event of a physical or technical incident.

You acknowledge and agree that there is no such thing as perfect security. Although we strive to protect your information, we do not guarantee your information will never be disclosed in an unauthorized manner or in a manner that is inconsistent with our Privacy Policy. If a breach of your personal information occurs, we will notify you promptly, as required by applicable law.

Use of Our Website and Products

The right we give you to access our website and to use our Products is personal to you (it doesn’t extend to anyone else), nonexclusive (we can license theses rights to others), non-assignable (you’re not allowed to assign the right to anyone else), and your use must be consistent with your Customer Agreement. You agree not to use or attempt to use any software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler, or robot) to navigate, search, and/or extract information from our website.

Violating the security and any terms applicable to our website and Products is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and we may involve (and we will cooperate with) law enforcement if a criminal violation is suspected. Examples of security violations include unauthorized access to or use of data or systems, including any attempt to probe, scan, or test the vulnerability of our website or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous re-mailers, and using manual or electronic means to avoid any use limitations.

Creating or maintaining any link from another website or application to any part of our website without our prior written permission is prohibited. Running or displaying our website or any information or material displayed on our website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to our website must comply will all applicable laws, rules, and regulations.

Third-Party Products and Services

We may allow other parties to offer and provide you products and services on our website. The only products and services that we operate, control or endorse are our Securus-branded or JPay-branded Products and the Products that are identified as being supplied by us. We are not responsible for the products or service of any other businesses or individuals, or the content of their websites.

Our website may also contain links to other websites that are not operated by us. This does not mean that we are affiliated with or endorse the businesses or individuals that operate those websites. We provide these links only for your convenience. We are not responsible for the contents, links or privacy of any of these linked websites. Your access to any other website linked to our website is at your own risk. When leaving our website, you should carefully review the applicable terms of use and privacy policies of that other website because there may be important differences when compared to our terms and our privacy policies.

Fixing and Improving Our Websites and Products

We provide our Products using reasonable skill and care. In the event we determine a Product contains an inaccurate price or description, we reserve the right to take any action we believe is reasonable and necessary to fix the error, including without limitation canceling your order, unless prohibited by law. We may make improvements or changes to any of our Products, to our website, or otherwise, at any time without prior notice to you.

You agree to notify us immediately if you become aware of any pricing or descriptive errors or inconsistencies with any of our Products you order through our website and to comply with any corrective action we take to fix such errors or inconsistencies.

Termination / Suspension

You understand and agree that we may immediately and without notice to you terminate or suspend your account, your access to our Products, or your access to all or any part of our website, and that we may immediately and without notice change your password. We may carry out such termination or suspension, in our sole discretion, for any reason and without notice to you, or we may carry out such termination or suspension for specific causes.

Examples of specific causes for termination and suspension of access to our Products or a change to your password include, but are not limited to:

breaches or violations of these terms or other incorporated agreements or guidelines;
requests by law enforcement or other government agencies;
a request by you (self-initiated account deletions);
discontinuance or material modification to our website (or any part of our website);
unexpected technical or security issues or problems;
extended periods of inactivity; and/or
activity by you that is objectionable, obscene, harassing, threatening, abusive, inappropriate, fraudulent or illegal or that constitutes a breach of this contract or any other contract between you and us.

If your account is terminated or suspended, this may result in any one or more of the following circumstances to occur:

removal of access to all of our Products;
deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof); and
barring of further use of our Products or website.

You understand and agree that all terminations and suspensions are made in our sole discretion. We are not liable to you or to any other person for any termination or suspension of your account, loss of storage, any associated e-mail address, or access to our website. Due to a variety of factors, including software and security updates, the data associated with your use of the Products should not be considered safely backed up and we advise you to ensure (to the extent you are able) that you have another copy of messages, documents, or other media that you wish to preserve.

If you stop using our Products for any reason, we’d appreciate knowing why so that we can continue improving our Products.

Limited Warranty and Disclaimers

Our limited warranty to you is that our website and all our Products are provided using reasonable skill and care.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ONLY WARRANTY WE MAKE, OR THAT ANY OF OUR SUPPLIERS, LICENSORS OR OTHER PERSONS MAKE, ABOUT OUR WEBSITE OR ANY OF OUR PRODUCTS ARE (1) STATED IN THE LIMITED WARRANTY ABOVE, AND (2) STATED IN THE PRODUCT-SPECIFIC ADDITIONAL TERMS. EXCEPT FOR THESE LIMITED WARRANTIES, WE DISCLAIM ALL OTHER COMMITMENTS ABOUT OUR PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT). BECAUSE SOME JURISDICTIONS (STATES), SUCH AS NEW JERSEY, DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

The disclaimer above means that we do not make, and no other person makes, any promise to you that:

our Products will meet your requirements or expectations;
anything downloaded from our website will be free of computer viruses or other malicious software;
access to our website and Products will always be available (or be uninterrupted) or secure (free from unauthorized access);
use and operation of our website and Products will be error-free; and
any errors in our website or Products will be corrected.

You understand and agree the limited warranty and the disclaimers we make also mean that:

any material you download, upload or otherwise obtain through the use of our website or Products is done at your own risk;
you are solely responsible for any damage to your computer system or business or loss of data that results from the download or upload of any such material or the use of our website or our Products; and
no advice or information, whether oral or written, that you may obtain from us or through our website creates any additional or greater promises or warranties, and that you should seek advice from appropriate professionals for any important personal, business, medical, legal or financial decisions you make.

Limitation of Our Liability

IMPORTANT: THIS PROVISION LIMITS YOUR RIGHTS TO RECOVERY. PLEASE READ IT CAREFULLY.

(a) No Consequential or Indirect Damages. IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT OR USE OF OUR PRODUCTS AND SERVICES, REGARDLESS OF (I) WHETHER SUCH DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

(b) Maximum Liability. IN NO EVENT SHALL OUR LIABILITY ARISING OUT OF OR RELATED TO OUR PRODUCTS OR THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNTS YOU PAID TO US PURSUANT TO THIS AGREEMENT.

(c) Exceptions. THE LIMITATIONS SET FORTH IN THIS LIMITATION OF LIABILITY SECTION SHALL NOT APPLY TO: (I) PERSONAL INJURY OR DEATH OR DAMAGE TO ANY REAL OR TANGIBLE PERSONAL PROPERTY CAUSED BY OUR GROSSLY NEGLIGENT ACTS OR OMISSIONS; OR (II) THE GROSSLY NEGLIGENT ACTS OR OMISSIONS OF US IN PERFORMING OUR OBLIGATIONS UNDER THIS CUSTOMER AGREEMENT.

Indemnification

It is important for you to understand that by accessing and using any of our Products, you agree to indemnify (pay for our losses), defend and hold us, and our affiliates and licensors harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to any third-party claim concerning: (a) your use of any of our Products (including any activities under your account); (b) violation of your Customer Agreement; or (c) your violation of any law or the rights of another person. You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third-party subpoena or other compulsory legal order or process associated with third party claims described above at our then-current hourly rates. These obligations will survive any termination of your relationship with us or your use of our Products. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SECURUS, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST AND ALL THIRD PARTY CLAIMS, ACTIONS, SUITS, OR PROCEEDINGS, AS WELL AS ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF OR ACCRUING FROM (A) YOUR BREACH OF THIS CUSTOMER AGREEMENT; AND (B) YOUR USE OF THE TERMINAL AND THE OTHER SECURUS SERVICES.

Dispute Resolution & Arbitration Agreement (“Arbitration Agreement”)

THIS AGREEMENT REQUIRES THE USE OF SMALL CLAIMS COURT OR ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Definition of Dispute. The term “Dispute” means any dispute, action, claim, or other controversy between you and us, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under law (“Dispute”).

Time Limit for Raising Disputes. As a condition precedent to recovery, all Disputes under this Agreement must be filed in writing or electronically within 12 months of your constructive knowledge that the alleged issue occurred. Further, any demand for arbitration must be filed no later than 12 months after your constructive knowledge that the alleged issue occurred. Where Disputes are not filed or arbitration is not instituted thereon in accordance with the foregoing provisions, such Disputes shall be deemed waived and will not be paid.

Informal Dispute Resolution. Either party asserting a Dispute shall first attempt in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days to respond. Notice to Securus shall be made by either: (1) mailing a letter via first class or registered mail to Securus Technologies, LLC, Attn: Legal Department, 4000 International Parkway, Carrollton, Texas 75007, which begins with the words “Notice of Informal Dispute Resolution Attempt;” or (2) by email to legalnotice@securustechnologies.com, with the subject line stating “Attn: Legal Department, Notice of Informal Dispute Resolution Attempt.” Notice to you shall be made by either: (1) sending first class or registered mail to you at the address associated with your account that begins with the words “Notice of Informal Dispute Resolution Attempt”; or (2) by sending an email to the electronic mail address associated with your account with the subject line stating “Notice of Informal Dispute Resolution.” Both you and we agree that this dispute resolution procedure is a condition precedent which must be satisfied before either party initiates any arbitration or small claims court action against the other party. For purposes of clarification, your submission of a complaint in itself is not sufficient to be considered a good faith effort to resolve the dispute in accordance with this paragraph. Additionally, your submission of a complaint or support ticket to us, or any other notice that doesn’t strictly comply with the notice requirements above, is not considered a good faith effort to resolve the dispute in accordance with this paragraph.

Small Claims Court or Arbitration. Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and we agree that any Dispute between you and us, past, present, or future, and no matter the date of accrual, shall be resolved through an individual small claims court action or through binding individual arbitration, as specified below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights.

Small Claims Court. Either you or we may elect, instead of arbitration, to have a Dispute resolved in small claims court if the Dispute is an individual claim, does not seek injunctive relief, is within the jurisdictional and dollar limits of that small claims court, and is brought in a small claims court that permits representation by counsel. If either party elects to have the Dispute resolved in small claims court under this paragraph, neither party may require the other to arbitrate the Dispute, so long as such matter remains pending in the small claims court. If an arbitration has been initiated, the other party has 30-days to make an election under this paragraph. Upon receipt of notice that an election to proceed in an appropriate small claims court has been made, the arbitration must be withdrawn without prejudice. Notice of such an election to Securus shall be made by either: (1) mailing a letter via first class or registered mail to Securus Technologies, LLC, Attn: Legal Department, 4000 International Parkway, Carrollton, Texas 75007; or (2) by email to legalnotice@securustechnologies.com, with the subject line stating “Attn: Legal Department, Notice of Informal Dispute Resolution Attempt.” Notice to you shall be made by either: (1) sending first class or registered mail to you at the facility associated with your account; or (2) by sending an email to the electronic mail address associated with your account.

How Arbitration Works. Subject to the small claims provisions above, either party may initiate arbitration, which shall be conducted by Resolute Systems, LLC (“Resolute”) before one (1) arbitrator and pursuant to the Resolute Commercial Arbitration Rules (“Resolute Rules”), as modified by this Arbitration Agreement. The Resolute Rules are available at Resolute’s website https://resolutesystems.com. Resolute may be reached telephonically at (800) 776-6060. The rules include instructions on how to file an arbitration. In the event Resolute is unavailable or unwilling to hear the Dispute, the parties shall agree to another comparable arbitration provider, and if they are unable to agree, the parties shall apply to a court for appointment of a new arbitrator, pursuant to Section 5 of the Federal Arbitration Act. Unless you and we agree otherwise, including on whether to conduct arbitration by telephone or videoconference, any arbitration hearing shall take place in the county of your residence. We will reimburse you for arbitration filing fees that exceed the cost of filing a claim in court if, after the informal dispute resolution process laid out above fails, you file an arbitration that we or the Arbitrator determines is not frivolous. All other costs of arbitration are to be assessed as required by the Resolute Rules and applicable fee schedule.

Waiver of Right to Bring Class Action and Representative Claims. SUBJECT TO THE SMALL CLAIMS COURT EXCEPTION ABOVE, AND CERTAIN EXCEPTIONS LISTED BELOW, ALL DISPUTES, PAST, PRESENT, AND FUTURE, AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. The arbitrator is empowered to resolve the Dispute with the same remedies available in court; however, any relief must be individualized and shall not affect any other customer. We and you also agree that each may bring claims against the other in arbitration only in our respective individual capacities and in so doing we and you hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.

Arbitrability of Certain Disputes. Except as specifically set forth in this section, only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement and this Arbitration Agreement, including whether any dispute falls within its scope. Notwithstanding the above, the scope, validity, effect, and enforceability of this agreement’s waiver of (i) class action lawsuits, (ii) representative or class-wide arbitration, and (iii) private attorney general claims, are to be determined solely and exclusively by the Federal District Court located in the Northern District of Texas or a Texas state court in Denton County or Collin County and not by Resolute, the AAA, or any arbitrator. If a lawsuit is filed to enforce these waivers the parties agree that the arbitration shall be immediately stayed, by agreement or court order, until the court case is resolved and all appellate review is exhausted. The cost of proceedings under this section, including, without limitation, each party's attorneys' fees and costs, shall be borne by the unsuccessful party. The parties hereby consent to jurisdiction and venue of the Federal District Courts in the Northern District of Texas or Texas state court in Denton County or Collin County and waive any objections thereto.

Severability. If a court decides that the waivers or limitations set forth, above, in the Waiver of Right to Bring Class Action and Representative Claims section are invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration. Similarly, if a court determines that the ability to provide public injunctive relief is required by applicable law, the request for such public injunctive relief shall proceed in an individual action in court. Without waiving the right to appeal a court decision triggering this section, should a claim be required to proceed in court under this section, any and all disputes shall proceed in Federal District court located in the Federal District Court located in the Northern District of Texas or a Texas state court in Denton County or Collin County and be decided by a judge, sitting without a jury and not as a class action lawsuit. The parties hereby consent to jurisdiction and venue of the Federal District Courts in the Northern District of Texas or Texas state court in Denton County or Collin County and waive any objections thereto.

Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the United States Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, Texas law will govern without regard to its choice of law or conflict of law principles. Except as set forth above in the Severability section, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. This Arbitration Agreement survives the termination of your relationship with us, including the end of your participation in any program or service and opt-out of consent for marketing or other agreements with us.

Our Intellectual Property Rights

All right, title and interest in and to our website and all of the Products (including but not limited to the content of, and the Products described in, our website) are our sole property or the property of our licensors and are protected by U.S. copyright and international treaties. This includes any Products with the “Securus” or “JPay” name, as well as the design logo and certain other names or logos which are service marks or trademarks of our company, and all related product and service names, design marks and slogans which are also our service marks or trademarks. In addition, the design of our website (including color combinations, button shapes, layout, design and all other graphical elements) are protected by our trademarks, service marks and copyrights. Any third-party product and service marks contained on our website are the trademarks of their respective owners.

Except for the limited permission to use our Products as described by these terms, we reserve for ourselves and our licensors all other right, title and interest. This means you may not copy (except for limited backup purposes where appropriate), modify, display, sell, or distribute our content or our Products. You may not create any derivative work of our website or our Products. You may not decompile, reverse engineer, or otherwise attempt to derive computer source code, underlying ideas, algorithms, structure, or organization of any of our Products.

Law Firm and Lawyer Communications - Privatization

IF YOU ARE A LAW FIRM OR ATTORNEY USER OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CONTACTING CORRECTIONAL INSTITUTIONS IN WHICH YOUR CLIENTS RESIDE AND SECURING ANY PRIVATIZATION OF APPLICABLE COMMUNICATIONS. ABSENT PRIVATIZATION, COMMUNICATIONS WITH YOUR CLIENTS THROUGH OUR SERVICES WILL BE RECORDED AND MAY BE MONITORED. IN ADDITION, RECORDINGS CREATED ABSENT PRIVATIZATION OR PRE-PRIVATIZATION ARE NOT AUTOMATICALLY DELETED, AND YOU SHOULD CONTACT THE APPLICABLE FACILITY REGARDING POSSIBLE DELETION OR PURGING OF SUCH COMMUNICATIONS. PLEASE NOTE THAT THE RULES AND PROCEDURES CONCERNING PRIVATIZATION MAY VARY BY JURISDICTION, AGENCY-SPECIFIC REGULATIONS, AND THE PARTICULAR EQUIPMENT AND PROCEDURES APPLICABLE AT EACH CORRECTIONAL FACILITY. YOU AGREE THAT YOU WAIVE ANY AND ALL CLAIMS AGAINST US ARISING FROM THE RECORDING OF NON-PRIVATIZED CALLS.

Miscellaneous

Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms and shall not affect the validity and enforceability of any remaining provisions. These terms shall be governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed in Texas. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Customer Agreement. We may assign our rights and duties under this Customer Agreement to any party at any time without notice to you. Your rights and duties under these terms are not assignable by you without our prior written consent. These terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our website within one year after it arises. Any section of this Customer Agreement that, to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or earlier termination of this Customer Agreement.

PRODUCT TERMS AND CONDITIONS

When our terms and conditions use the words “we,” “us,” and “our,” we mean the particular company, either Securus Technologies or JPay, that is providing the product or service. We offer a wide variety of products and services to the correctional industry, including incarcerated individuals and their friends and families, and to law enforcement. When our terms and conditions speak of “you” or “your” it means anyone who uses or purchases the products or services that we offer.

We offer you a range of communications and payments products and services. We refer to these products and services as our “Products”. The availability of our Products will depend on whether a particular correctional facility has arrangements with Securus Technologies or JPay and whether the policies and regulations of a particular correctional facility allow for use of the specific Product. The Product-specific terms and conditions included here are:

Mobile Text Alert and Notification Service

Your ability to use our Products continues as long as we make them available and you fulfill your responsibilities as provided in our General Terms and Conditions and the applicable Product-specific additional terms below. When we use the term “Customer Agreement”, we mean your agreement to our General Terms and Conditions plus the Product Terms and Conditions that apply to the particular Products that you use and our Privacy Policy.

AdvanceConnect

Introduction

Our AdvanceConnect® Product allows you to purchase call services in advance to be used for collect calls from incarcerated individuals.

You can add multiple phone numbers to an AdvanceConnect account to ensure that calls from incarcerated individuals can connect to friends and family members at various numbers (work, mobile, home, other relatives, neighbors, friends, etc., subject to facility restrictions). Phone numbers can be added to or removed from an AdvanceConnect account by the AdvanceConnect account holder. Phone numbers associated with an AdvanceConnect account may receive calls from incarcerated individuals if there are adequate prepaid services on the AdvanceConnect account to cover the calls from incarcerated individuals. You understand and agree that as an AdvanceConnect account holder, you are responsible for all charges associated with all telephone numbers added to the account.

Opening and Managing Your Account

Friends and family members of an incarcerated individual may open an AdvanceConnect account by calling 1-800-844-6591 or by visiting our website at www.securustech.net. The following information is required when opening an AdvanceConnect account:

First and Last Name
Address
City, State, Zip
Passcode (PIN)
Telephone number
Email Address
Name of the facility from which the account holder is receiving calls

AdvanceConnect account information can be accessed 24/7/365 at 1-800-844-6591 and www.securustech.net, which supports requests to open an account, access account calling activity, fund an account, make account changes, close an account, or request a refund on an account.

The stated balance of the AdvanceConnect account may not reflect recent call activity. Due to time required to update accounts for calls made by incarcerated individuals, it is possible to use more than the total amount of prepaid services available in the AdvanceConnect account. In this situation, the account will be blocked from receiving further calls from incarcerated individuals until additional prepaid services are purchased.

AdvanceConnect account holders are responsible for payment for any services purchased on the AdvanceConnect account. The AdvanceConnect account holder will be required to pay the amount due before the AdvanceConnect account will be unblocked. Account blocks are released periodically throughout the day, so it may take up to 24 hours for an AdvanceConnect account to be able to receive calls again after making a payment.

AdvanceConnect account holders may purchase Securus prepaid calling services for their AdvanceConnect account by:

Calling Securus at 1-800-844-6591
Visiting the Securus website at www.securustech.net
Using the Securus App
Using Personal Online Banking
Mailing a personal check, money order or cashier’s check to:

Securus Technologies

PO Box 650757

Dallas, TX 75265-0757

Payments sent via mail may take seven to ten business days to process. To ensure timely processing of a mailed payment, the payment should include documentation of the friend or family member’s ten-digit telephone number and the AdvanceConnect account number.

Visiting any Western Union agent location
Visiting any MoneyGram agent or FormFree® location
Using a lobby kiosk at select correctional facilities

Taxes and Fees

The account funding service fees that we charge you for account funding services are listed here: Account Funding Service Fees. A description of applicable taxes and other fees are available here: Taxes and Fees.

Billing Statements and Fees

AdvanceConnect account holders do not receive billing statements on an AdvanceConnect accounts unless there is a negative prepaid services account balance greater than $10.00, in which case the account holder will be billed for the amount due on the account. AdvanceConnect account holders may get prepaid service balance and other information on their AdvanceConnect accounts by visiting our website at www.securustech.net or calling 1-800-844-6591.

Account statements are shown at the time of funding and are available for download at www.securustech.net for up to 90 days. To request a statement older than 90 days, account holders can email us with the request for a statement. Include your full name, billing phone number, passcode, and the month of the statement you are requesting, and it will be mailed to you.

Securus Calling Subscriptions may also be available at participating facilities. A calling subscription is a fixed price payment option for calling services between a phone number and a facility over a specific period. These plans will vary from facility to facility. Subscription payments are non-refundable.

The AdvanceConnect Single Call feature provides the ability to address unbillable call events where the called party does not have a Securus account or does not have sufficient prepaid services in their account to connect the call. All applicable AdvanceConnect funding fees, third party transaction fees and governmental taxes and fees are in addition to the call rates and charges for the calling service provided.

Account Balance Notifications

Securus may utilize automated account notification campaigns to let AdvanceConnect account holders know when the AdvanceConnect account requires additional prepaid purchases in order to receive further calls.

Account Closing

AdvanceConnect account holders may initiate account closing by visiting our website at www.securustech.net or calling 1-800-844-6591.

Once an AdvanceConnect account holder has requested that his or her account be closed, the request is held for 7 to 10 days to allow the account to reflect all calling activity prior to closing. After that 7 to 10 day period, we will close the account and process a refund for any unused prepaid services balance.

Refunds

Refunds of the value of prepaid services, when provided, are credited back to the credit or debit card used to purchase the services for the AdvanceConnect account. It generally takes 2-3 business days for the refund to process back to the card, after the funds have been removed from the closed account, but could take up to one billing cycle to be reflected on the credit or debit card statement. If the AdvanceConnect account holder prepurchased services through check, money order, Western Union or MoneyGram, a refund check will be mailed to the AdvanceConnect account holder, which could take up to four weeks for processing.

Refunds of unused balances, when provided, are credited back to the credit or debit card used to fund the AdvanceConnect account. It generally takes 2-3 business days for the refund to process back to the card, after the funds have been removed from the account, but could take up to one billing cycle to be reflected on the statement. If the AdvanceConnect account holder funded the account through check, money order, Western Union or MoneyGram, a refund check will be mailed to the AdvanceConnect account holder, which could take up to four weeks for processing. AdvanceConnect account holders have 180 days from the date of the last call received on the AdvanceConnect account to request a refund of any unused balance. The balance of the refund may vary based on when calls were last received. Alaska and TDCJ customers have 365 days to request a refund. Connecticut Department of Corrections unclaimed property will be remitted to the state after 3 years. Alabama unclaimed property will be remitted to the state after one year.

State Specific Terms

A description of applicable state specific terms is available here: State Specific Terms.

Direct Bill

Introduction

Our Direct Bill Product allows you to create an account that you own that allows you and other friends and family members to receive collect calls from incarcerated individuals and have the call charges billed directly from us to you each month. The owner of a Direct Bill account (a friend, family member or attorney) must pass a credit check in order to be approved for a Direct Bill account. Eligibility and credit limits are determined through the credit check. The credit check requirement does not apply in Alaska.

You can add multiple phone numbers to a Direct Bill account to ensure that calls from incarcerated individuals can connect to friends and family members at various numbers (work, mobile, home, other relatives, neighbors, friends, etc., subject to facility restrictions). Phone numbers can be added to or removed from a Direct Bill account by the Direct Bill account holder. Phone numbers associated with a Direct Bill account may receive calls from incarcerated individuals as long as the Direct Bill monthly credit limit has not been exceeded and there is no past-due balance on the Direct Bill account. Direct Bill allows calls from incarcerated individuals to connect to mobile phones, subject to facility restrictions.

Opening and Managing Your Account

Friends and family members of an incarcerated individual may open a Direct Bill account by visiting our website at www.securustech.net or calling 1-800-844-6591. The following information is required when opening a Direct Bill account:

First and Last Name
Address
City, State, Zip
Passcode (PIN)
Telephone number
Email Address
Name of the facility from which the account holder is receiving calls
Social Security Number
Driver’s License Number
Date of Birth

Direct Bill account information can be accessed 24/7/365 by visiting our website at www.securustech.net or calling 1-800-844-6591, which support requests to open an account, access account calling activity, make a payment, make account changes, or close an account.

Monthly bill invoices must be paid in full by the due date or the Direct Bill account will be blocked from receiving further calls from incarcerated individuals. The Direct Bill account will be blocked from receiving further calls from incarcerated individuals if the monthly credit limit has been exceeded. Once the credit limit has been exceeded, the Direct Bill account holder must make a payment on the account before the Direct Bill account will be unblocked. Account blocks are released periodically throughout the day so it may take up to 24 hours for a Direct Bill account to be able to receive calls again after making a payment.

Direct Bill account holders are responsible for payment of any balance due on the Direct Bill account. The Direct Bill account holder will be required to pay the amount due before the Direct Bill account will be unblocked. Account blocks are released periodically throughout the day, so it may take up to 24 hours for a Direct Bill account to be able to receive calls again after making a payment.

Direct Bill account holders may make payments on their Direct Bill account by:

Calling Securus at 1-800-844-6591
Visiting the Securus website at www.securustech.net
Using Personal Online Banking
Mailing a personal check, money order or cashier’s check to:

Securus Technologies
PO Box 650757
Dallas, TX 75265-0757

Visiting any Western Union agent location
Visiting any MoneyGram agent or FormFree® location
Using a lobby kiosk at select correctional facilities

Taxes and Fees

Billing Statements and Fees

Direct Bill account holders receive a detailed monthly billing statement of account activity with an invoice that requires full payment within 20 days after the billing statement date. These monthly invoices must be paid in full by the due date or the Direct Bill account will be blocked from receiving further calls from incarcerated individuals. Late or non-payment of a Direct Bill invoice may restrict the ability of a friends and family members to obtain future credit. Bills paid 7 days or more late will be converted to a prepaid AdvanceConnect account. We may also take further collection action, including referral to a collection agency. Direct Bill account holders can go to www.securustech.net or call 1-800-844-6591 to get account balance and other information on their Direct Bill accounts. Account holders that request an optional paper billing statement may be charged $2.00 per statement.

Account Closing

Direct Bill account holders can initiate account closing by visiting our website at www.securustech.net or calling 1-800-844-6591.

Once a Direct Bill account holder has requested that his or her account be closed, the request is held for 7 to 10 days to allow for any unbilled calls or other charges to clear the account prior to closing. If there are any outstanding charges, the Direct Bill account holder will be issued a final bill statement and invoice.

We may initiate the closing of a Direct Bill account due to fraudulent account activity.

Refunds

Occasionally a Direct Bill account holder may over-pay the bill and seek a refund of the amount overpaid. To request a refund, the Direct Bill account holder must call Securus at 1-800-844-6591. Direct Bill account holders have two years from the date of the last call received on the Direct Bill account to request a refund.

State Specific Terms

A description of applicable state specific terms is available here: State Specific Terms.

Securus Debit

Introduction

Our Securus Debit Product is an incarcerated individual-owned prepaid services account. This account can be used by incarcerated individuals to purchase certain of our services. Correctional facilities have the option of allowing incarcerated individuals and/or friends and family members to prepay for services using Securus Debit accounts. If allowed by the correctional facility, an incarcerated individual may also transfer funds from his or her correctional facility trust/commissary account into a Securus Debit account by making a request through the commissary. Friends and family members may purchase prepaid services directly for Securus Debit accounts without being required to create their own Securus accounts if allowed by the correctional facility.

Account Ownership and Logistics

Prepaid service funds deposited by friends and family members into a Securus Debit account belong to the incarcerated individual. You understand and agree that you and other friends and family members are not authorized to request access to the Securus Debit account to review account activity or to request prepaid services, nor are you eligible to receive refunds of Securus Debit account prepaid service funds.

Friends and family members may purchase Securus services in advance (subject to facility restrictions) by:

Calling Securus at 1-800-844-6591
Visiting the Securus website at www.securustech.net
Using personal online banking (with routing and account numbers, and names)
Mailing a personal check, money order or cashier’s check to:

Securus Technologies

PO Box 650757
Dallas, TX 75265-0757

Payments sent via mail may take seven to ten business days to process and MUST include a Securus Debit Pay by Mail Remittance Slip found at www.securustech.net.

Visiting any Western Union agent location
Visiting any MoneyGram agent or FormFree® location – Friends and family members MUST print a Securus Debit Payment Form found at www.securustech.net before going to a MoneyGram location.

Using a lobby kiosk at select correctional facilities

Taxes and Fees

Review of Suspicious Securus Debit Transactions

Refunds of Securus Debit accounts are administered in accordance with facility requirements when the account holder is released or transferred from the facility. Debit refunds to incarcerated individuals in excess of $100.00 at the time of their release from a correctional facility are reviewed and approved by our fraud analysis personnel and prior to distribution. Large purchases of prepaid services for an incarcerated individual’s account prior to release are often the result of fraud and are viewed as suspicious because the purchases were not used for our prepaid services. If we suspect fraudulent activity or money laundering, we will investigate the transaction and, if it is determined the transaction was fraudulent, we will remove those funds from the incarcerated individual’s debit account and return them to their rightful owner (i.e., the credit card holder).

Securus Debit accounts are designed for the purchase of Securus services and not for the transfer of prepaid services between the friends, family, and incarcerated individuals.

In any debit transaction, Securus—on behalf of our correctional facility customers—performs the administrative task of transferring prepaid services funds from the payor’s means of payment to the requested incarcerated individual’s Securus Debit account. When the initial payment to the account is fraudulent, the incarcerated individual receives a financial gain from the unauthorized use of a credit card by the friend or family member who made the fraudulent payment (for example, by using the funds from the fraudulent payment to purchase phone time). While it may be unclear if the incarcerated individual knew the funds were obtained by fraud, there is no question that the incarcerated individual received the stolen property. Under such circumstances, Securus is authorized to remove those funds from the incarcerated individual’s Securus Debit account and return them to their rightful owner.

Video Connect

Introduction

Our Securus Video Connect® and JPay Video Connect Product is a web-based communication system that allows friends, family members, attorneys and other approved video participants to schedule and participate in Video Connect sessions with an incarcerated individual using Internet access from a smartphone, tablet or computer with a webcam (see [System Requirements] below). Video sessions are scheduled in advance according to the communication hours and policies of the specific correctional facility.

In order to begin visiting with an incarcerated individual from the comfort of your home, office, or any location equipped with high-speed Internet, PC and webcam, or a mobile device, you must first register with us and create a Securus online account and add Video Connect.

Proper Use

Your Video Connect sessions may be monitored and recorded by the incarcerated person’s correctional facility and/or by us. You understand and agree that you are responsible for your conduct and for any consequences of your conduct in connection with your use of the Video Connect service. Conduct that is illegal or inappropriate in any way, including indecent exposure, will not be tolerated. Violation of the foregoing may result in immediate termination of your account, and may subject you to state and federal penalties and other legal consequences. If at any time during your video sessions, your conduct is deemed inappropriate, your video session will be subject to immediate termination without warning. Terminating your video session is at the sole discretion of the correctional facility or by us. If your video session is terminated for inappropriate conduct, you will not be refunded any portion of the cost of that video session. We reserve the right to investigate your use of the Video Connect service to determine whether a violation of your Customer Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Service Fees

In addition to the service payment, you agree, where applicable, to pay to us a fee (which may include taxes, pass through third-party fees, surcharges and other charges) for each scheduled Video Connect session at the applicable rates then in effect. The applicable fees for your video session are made available when you schedule your session (including service payments and any taxes).

You will be able to determine the amount of the applicable service fees at the time you schedule and pay for a Video Connect session. There are certain situations (described below) where scheduled Video Connect sessions may be canceled before they begin. Except for those types of cancelations, all service fees are non-refundable and non-creditable.

Billing and Payments

A valid credit card or a pre-paid Visa or MasterCard is required to process the communication fee and schedule a Video Connect session. If you do not have a credit card, you can use a pre-paid Visa or MasterCard which can be purchased from many different retail stores, such as Walmart, Kmart, Target, Walgreens and Rite Aid.

Video Connect sessions are pre-paid and non-refundable.

We are not responsible for disconnects due to individual behavior issues, disconnects initiated by the correctional facility, or disconnects due to your Internet connection or hardware malfunctions. If you believe there was a problem with our system that prevented you from participating in a scheduled video session, please contact our Customer Care center. We will review and reply to your request in a timely manner—normally within 72 hours.

Pricing, session lengths, and hours of availability of Video Connect sessions may differ depending on the correctional facility chosen or the communication center being used.

Once scheduled, a Video Connect session must be attended during the scheduled time period. Failure to sign on at the scheduled time or signing on late will not extend the session time period for which you paid.

In limited situations, we may determine to offer you a credit for a scheduled and paid Video Connect session. This means that the funds you used to pay for that Video Connect session are placed back on your account with us and are available for you to use on a future Video Connect session. Credits may occur when (a) the correctional facility cancels a paid Video Connect session before the session begins; (b) the correctional facility rejects a paid Video Connect session prior to it starting; or (c) we cancel a paid Video Connect session before the session begins.

Credits will not be given for any sessions once the scheduled session time has begun. Credits will expire 90 days after the date of issue if they are not used.

For more detailed information please visit our website and click on the applicable location (such as state and/or county name) to see hours of operation, price, and the location of communication centers.

For service inquiries, please visit our website at www.securustech.net or call 1-800-844-6591 (main support) or 1-877-578-3658 (Video Connect Support)

System Requirements and Setting Up an Account

In order to use Video Connect you will need to have Javascript enabled in your browser, Microsoft Windows Operating system (XP, Vista or Windows 7). Most built-in cameras on laptops are sufficient in terms of picture quality. For users with an external webcam, we recommend using a 1.3 megapixel USB web-camera. You can purchase these types of webcams at most electronics stores (such as Best Buy and Radio Shack) and many general retailers (such as Walmart, Kmart, and Target).

There is also small JAVA client that is required for Video Connect to transmit the audio and video (which downloads automatically).

Messaging Solutions

Introduction

Our Securus eMessaging and Text Connect and JPay Email Products (collectively, our “Messaging Solutions”) allow you to send a message (much like a typical email or text message) to an incarcerated individual at a correctional facility where the Messaging Solutions are enabled.

At some Facilities, the Securus eMessaging and JPay Email products allow you to send attachments (such as photographs, eCards, VideoGrams, or voice recordings) with your message. Such attachments require the payment of additional postage or “stamps.” Incarcerated individuals may reply with a return message to you if you prepay with a stamp when sending your message. Incarcerated individuals can also create and send messages to you if you purchase and transfer stamps to them, or if they purchase stamps directly with their Securus Debit or JPay Media account. You can send messages from our website (either www.securustech.net or www.jpay.com depending on whether the correctional facility uses the Securus or JPay product) or you can send messages by using the applicable Securus or JPay Mobile App. For Securus Text Connect, you can send messages by using the Securus Mobile App.

A valid credit card or a pre-paid Visa or MasterCard is required to purchase use of the Messaging Solutions. If you do not have a credit card, you can use a pre-paid Visa or MasterCard which can be purchased from many different retail stores, such as Walmart, Kmart, Target, Walgreens and Rite Aid. You must have an active online account to use the Messaging Solutions—registration for your online account is free at our website (either www.securustech.net or www.jpay.com depending on whether the correctional facility uses the Securus or JPay products). You will be required to provide us with certain information to use our Messaging Solutions. We use this information to:

verify your identity;
verify the incarcerated individual’s identity;
receive appropriate credit card or pre-paid Visa or Mastercard authorization; and
provide any other information that a correctional facility may require.

Please refer to our Privacy Policy for information concerning our use of this information.

Proper Use

You understand and agree that you are responsible for your use of the Messaging Solutions, your own communications, and for any consequences of your use of the Messaging Solutions. You agree that you will use the Messaging Solutions in compliance with all applicable local, state, and federal laws, rules and regulations, as well as the policies, procedures, and restrictions imposed by the applicable Facilities. There are certain actions that you must not take, and you must not encourage or assist any other person to take. These prohibited actions include:

using the Messaging Solutions to transmit any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or is otherwise objectionable as reasonably determined by the correctional facility;
transmitting any content that infringes upon another party’s intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations;
preventing others from using the Messaging Solutions;
using the Messaging Solutions for any fraudulent or inappropriate purpose; or
acting in any way that violates our policies or those of the applicable correctional facility, as may be revised from time to time.

If you take any of these prohibited actions, it may result in non-delivery of your message or any attachment, immediate termination of your account without refund, and may subject you to state and federal penalties and other legal consequences. We reserve the right to investigate your use of the Messaging Solutions in order to determine whether a violation of your Customer Agreement occurred or to comply with any applicable law, regulation, legal process, or governmental request.

Content of Your Messages

You understand and agree that designated persons who work for us and people that work for the correctional facility may access, read, preserve (save), and disclose your Messaging Solutions messages and any information in those messages that our correctional facility customer believes is necessary to:

detect, prevent, or otherwise address fraud or security issues;
satisfy any applicable law, regulation, legal process, policy, or governmental request;
enforce the terms of this Customer Agreement (including investigating of potential violations of this Customer Agreement);
respond to user support requests;
protect the rights, property, or safety of our employees and property, and the employees and property of the Facilities; or
for any law enforcement, jail/prison management, investigatory, or other purpose.

We are not responsible or liable to you for the exercise or non-exercise of our rights under this Customer Agreement.

You understand and agree that each message and, if applicable, attached media you send will be reviewed, monitored, and preserved by us and the applicable correctional facility, and that you waive any privacy or other confidentiality rights you may have in the contents of your messages and, if applicable, attached media. If you are an attorney, you agree you will not use the Messaging Solutions to transmit any confidential or privileged communications, and (on behalf of yourself and your clients) you waive any claim against us or our Facilities for violation of the attorney-client privilege.

Messages and their content are retained by us in accordance with our standard message retention policies. Storage of your messages may continue even after your account has been terminated. Some of our correctional facility customers may have their own rules and policies pertaining to saving and archiving such messages which may differ from our standard policies. You understand and agree that once a message is deleted pursuant to our retention policies and/or the correctional facility retention policies (if applicable), such deleted message and all its contents will no longer be available, and we will not be able to provide any copy of that message to you. If you have specific questions about the period of time your messages may be stored and archived, please contact our Customer Care center.

Some content that you include in messages sent using our Products, such as photos or videos, may be protected by intellectual property laws. You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and send using our Products. Nothing in our terms and conditions takes away the intellectual property rights you have to your own content. However, when you send a message that includes content that is covered by intellectual property rights using our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, copy, publicly perform or display, translate, and create derivative works of your content (consistent with our Privacy Policy). This means, for example, that if you send a photo, you give us permission to store, copy, and share it with others (again, consistent with our Privacy Policy) such as correctional facility personnel and law enforcement agencies. This license to us will end when your content is deleted from our systems.

Pricing

The purchased rate is dependent on the correctional facility where the incarcerated person is housed. You can look up these costs on our website (either www.securustech.net or www.jpay.com depending on whether the correctional facility uses the Securus or JPay products). Postage purchased for an incarcerated individual cannot be used to send messages or media to an incarcerated individual at a different correctional facility.

All Messaging Solutions purchases are non-refundable. Unused purchases will not be refunded. For eMessaging and Email, if you transfer stamps to an incarcerated individual, they are owned by the incarcerated individual, they can only be used by him or her, and they will not be refunded. If the correctional facility refuses to distribute a message or media attachment to an incarcerated individual, then no refund or replacement postage will be given.

Delivery of Messages and Attachments

Your messages may be delayed as their content may be pending review and approval by the correctional facility or by us. Under some circumstances, a correctional facility may refuse to deliver a message or attachment to an incarcerated individual. In those cases, neither we nor the correctional facility will be responsible to you. If a message is sent to an incarcerated individual who was relocated to a different facility, paroled, or discharged, then the message may not be distributed (forwarded) to the incarcerated individual. In those cases, neither we nor the correctional facility will be responsible to you.

Terminating the Messaging Solutions Products

You may terminate your use of the Messaging Solutions with or without cause at any time by providing written notice to us at the following address:

If to Securus: PO Box 1109, Dallas, Texas 75001 or via https://securushelp.com

If to JPay: Attention Customer Service at JPay LLC, 3450 Lakeside Drive, Suite 100, Miramar, FL 33027 or via https://jpayhelp.com

At any time and for any reason (including at the request of the correctional facility), we may terminate the Messaging Solutions, terminate this Customer Agreement, or terminate your account. Upon termination, your account will be disabled and you may not be granted access to your account or other content contained in your account. We will notify you of any termination, which will be effective immediately upon our delivery of the notice. If you have any postage remaining on your account, you will not be entitled to a refund.

Mobile Text and Notification Products

Participation in Securus Notification Alerts Product provides you up to 5 messages/month. Message and data rates may apply. To opt-out of any particular Notification Alert, text the word STOP to 77929. For Help text the word HELP to 77929.

For more information, please contact Securus Customer Care at 1-800-844-6591 or at customer_service@securustech.net.

Available Carrier List

Participation in Securus Notification Alerts Product is available on the following carriers: AT&T, Alltel, T-Mobile, Verizon Wireless, U.S. Cellular, Sprint, Nextel, Boost, Cellcom, Cellular One, C-Spire Wireless, Cincinnati Bell, nTelos, Virgin Mobile, ACS Wireless, Bluegrass, ECIT – Cellular One of East Central Illinois, EKN – Appalachian Wireless, GCI Communications, Immix – PC Management, Inland Cellular, IVC – Illinois Valley Cellular, Metro PCS, Nex-Tech Wireless, RCC/Unicel, Revol, RINA/All West Wireless, RINA/CTC Telecom-Cambridge, RINA/FMTC-Farmers Mutual Telephone Co., RINA/Nucla-Naturita Telephone Co., RINA/Silverstar, RINA/Snake River PCS, RINA/South Central, RINA/Syringa Wireless, RINA/UBET, West Central Wireless.

General Service Provision

This Notification service is a service where we send text notifications to your mobile phone with information about your current accounts with us. These text-based services are explained below and include:

AdvanceConnect Low Balance Notification (a General Account Notification)
Direct Bill Invoice Due Notification (a General Account Notification)
AdvanceConnect AutoPay Payment Notification (a Payment Program Notification)
AdvanceConnect TextPay Notification (a Payment Program Notification)
Direct Bill TextPay Notification (a Payment Program Notification)

Visit www.securustech.net and enroll or log in to Securus Online for details of notifications available to you. Any and all information supplied under this service is additional to and does not replace the information we make available to you in accordance with your Customer Agreement.

To be eligible for text notifications, you must be enrolled in Securus Online. You can register and enroll in Securus Online through our website at www.securustech.net or by calling 1-800-844-6591. Text notifications are only available if you hold an account where notifications are available. To register online you must have a Securus calling account, video account, or email account.

We will allow you to register two mobile numbers with us at any time; one for General Account Notifications and one for Payment Program Notifications. If you are registered to receive text notifications and alerts about more than one account you will be asked to choose which account you would like to receive notifications for by selecting the account type and account number presented on your notifications settings page. If you do not confirm your subscription within 12 hours of signing up for text notifications, you will have to re-enroll and start the process over again. We will start sending text notifications and alerts within 48 hours of confirmation of registration for the service.

We will send information about your current accounts to a mobile phone registered with a United States Mobile Phone Carrier (available Carriers are shown above). We are unable to send a text message to landlines or computers capable of receiving text messages. We will only send you a specific text notification one time. This means, for example, if you delete a text we cannot send it again. Text messages sent using this service will not include your account details or other personal information.

Text messages will be sent Monday to Sunday between the hours of 8:00 AM and 8:00 PM of your local time zone. Notifications will be sent based on calling usage, your AdvanceConnect balance, and/or your Direct Bill invoice due date.

Notification Fees

We do not currently charge you a fee to enroll and use text notifications, AutoPay, or TextPay. Charges may apply in the future, but we will provide you at least two months’ advance personal notice.

Message and data rates with your mobile phone carrier may apply. You are responsible for charges from your mobile phone carrier, and it is your responsibility to check with the carrier about message and data rates that could apply. Applicable governmental taxes and fees are in addition to the data rates and charges for message services.

Transaction Fees

Our standard transaction fees of up to $3.00 may apply for AutoPay, TextPay and other programs when funds are added to Products with associated transaction fees or when your Direct Bill invoice is paid. Applicable governmental taxes and fees are in addition to the rates and charges for calling service.

JPay Player (Tablet) Purchase Terms and Warranty

Introduction

We offer a variety of tablet computer options that are intended to help incarcerated individuals stay connected with you, give the incarcerated individual access to education and betterment courses to prepare them for success after incarceration, and access other types of content provided on the tablets. Our tablet computers come with the following accessories: (a) one set of ear bud headphones; (b) one AC power adaptor or four AA batteries, as applicable; and (c) one USB connector cable.

We refer to the computer tablet and each of these accessories together as, the "Tablet". Availability of Tablets is dependent on individual correctional facilities and may not be available everywhere.

Terms of Purchase

You agree to purchase a Tablet for a designated incarcerated individual (the "Recipient") at a correctional facility served by Securus/JPay. Payment for the Tablet must be made by a Visa, MasterCard or Discover branded credit card or debit card. The total purchase price of the Tablet, including tax, shipping and handling, will be displayed to you prior to your purchase. All Tablet sales are nonrefundable. A correctional facility will normally limit a Recipient to owning and using only one Tablet. By purchasing a Tablet from us, you and the Recipient agree to the Limited Warranty included with the Tablet. That Limited Warranty is described below.

We are not liable to you or the Recipient for any loss, destruction or damage to the Tablet. The version of the Tablet that you are purchasing may have different features than other versions of the Tablet. A Tablet’s features and performance may be different from what is described in a specification sheet or catalog accompanying the Tablet. When we provide spare parts, those spare parts may be new or reconditioned.

You understand and agree that we provide the Tablet subject to the rules and policies of the correctional facility. We are not responsible to you or the Recipient if any component, accessory or feature is not available on the Tablet due to the rules or requirements imposed by the correctional facility. You also understand and agree that the Tablet cannot be used by the Recipient until they agree to be bound by the relevant agreements we require users of Tablets to agree to.

Player Usage

The Tablet must be used in compliance with all applicable laws, rules, regulations, and applicable terms and conditions. You understand and agree that use of the Tablet by the Recipient is a privilege and misuse or other inappropriate actions may lead to denial of this privilege, confiscation of the Tablet, administrative and disciplinary sanctions and/or legal action.

Shipping and Notification

Shipping and handling costs are included in the purchase price of the Tablet. We will ship the Tablet is to the Recipient’s correctional facility within 45 business days from the date of purchase. Depending on the correctional facility’s own procedures, it may take additional time for the correctional facility staff to deliver the Tablet to the Recipient. We are not responsible for delays in delivery due to the actions or decisions of the correctional facility or other events that are beyond our control, including shortage of materials, labor strikes, transportation failure, lockdown, correctional facility disruption, inclement weather or acts of God.

Player Limited Warranty

Please read this Limited Warranty carefully. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

We warrant to the Recipient that for a period of 90 days (beginning once a Tablet is initially synced, where Kiosks are present, or beginning once a Tablet is first registered, where Kiosks are not present) that the Tablet (excluding the ear bud headphones):

will be free from material defects in design and manufacture; and
will substantially conform to its published specifications under normal use.

This warranty is provided to the Recipient of the Tablet and is not transferable to any other person. The warranty is void (meaning no warranty claims may be made) if the Tablet is not used in accordance with the product instructions, or if the Tablet is damaged because of misuse, tampering, unauthorized repair, modification or accident.

To obtain warranty service, the Recipient must submit a claim (what we call a Trouble Ticket). We will attempt to troubleshoot the issue. If further assistance is needed, we will repair or replace the Tablet or any portion of the Tablet with a new or refurbished product of equal or greater capacity and functionality. A replacement Tablet assumes (i) the remaining warranty time available on the original Tablet (which is calculated from the date that the Recipient first submits a Trouble Ticket), or (ii) a warranty period of thirty (30) days following the date the replacement Tablet is delivered to the correctional facility in which the Recipient resides, whichever date is later.

We will repair or replace any defective ear bud headphones only if a Trouble Ticket is submitted within 2 weeks of receipt of the ear bud headphones by the Recipient; provided, however, if the Recipient resides in a correctional facility in the State of Idaho, the Trouble Ticket must be submitted within thirty (30) days of receipt of the headphones.

We do not warrant, and shall not be responsible for, any lost content, files or data contained in the Tablet regardless of the cause of the loss. We do not make any promise or guarantee that the Tablet will operate without failure or without errors.

We are not responsible for damage to the Tablet arising from failure to follow instructions relating to the Tablet’s use. This warranty does not apply to:

cosmetic damage, including but not limited to scratches and dents;
damage caused by accident, abuse, misuse, liquid spill or submersion, flood, fire, earthquake, or other external causes;
damage caused by service on the Tablet performed by anyone who is not a representative of Securus or JPay;
a Tablet where the hardware or software has been modified; or
a Tablet that has been confiscated by the correctional facility's staff.

Account Funding Service Fees

Funding Method	Payment Address	Funding Service Fee*
Securus Mobile App	Google Play store or Apple store	Up to $3.00 – Visa and Mastercard
Web	www.securustech.net	Up to $3.00 – Visa and Mastercard
IVR	1-800-844-6591	Up to $3.00 Visa and Mastercard
CSR	1-800-844-6591	Up to $5.95 Visa and Mastercard
Postal Mail	Securus Technologies PO Box 650757 Dallas, TX 75265-0757	$0
Third-Party Fee Passthrough		Up to $0.40 / Transaction Offsets the average credit / debit card processing fee charged by credit / debit card service providers. In no instance will the fee be higher than $0.40.
Kiosk	Select facilities	Up to $3.00 cash; Up to $3.00 credit/debit card; may vary by correctional facility
MoneyGram	Express Payment blue form or FormFree®	Up to $4.95 (Please go to www.moneygram.com for more info)
Western Union	Quick collect blue form	Up to $4.95 (Please go to www.westernunion.com for more info)

*Fee amounts that are shown above are standard pricing. The Fee may vary by facility. Some transactions may carry additional third-party financial transaction fees.

There is no account funding service fee imposed if the account payment is made by mail or via the account holder’s online bill payment service through the account holder’s personal bank.

In most cases, payments are posted to accounts within one hour. However, it can take up to 24 hours for the call management system to receive updated information about payments on these accounts. Account holders can visit www.securustech.net or call 1-800-844-6591 after making a payment to check their account balances and confirm receipt of payment(s).

Taxes and Fees

Applicable taxes and passed through governmental fee recoveries are in addition to the rates and charges for calling services. This includes:

Name	Fee	Description
Federal Universal Service (“USF”) Charge	Authorized passthrough charged per call as applicable	Applied due to a friend or family member’s receiving and accepting state-to-state or international calls from incarcerated individuals.
State Universal Service Charge	Authorized passthrough charged per call as applicable	In applicable states, applied due to a friend or family member’s receiving and accepting intrastate calls from incarcerated individuals.
Federal Cost Recovery Charge	Authorized passthrough charged per call	Federal Cost Recovery Charge is used to fund the federal Telecommunications Relay Service (TRS) program.
Sales Taxes	As required by law
Telecom Taxes	As required by law

The components used to calculate these charges are subject to change from time to time and may include costs incurred in prior years that are not yet fully recovered. These charges, and what’s included, are subject to change from time to time.

State Specific Terms

Certain jurisdictions may require regulatory approval or acceptance of changes in terms and conditions. Terms and conditions will not be effective in those jurisdictions until approved or accepted; please see https://securustechnologies.tech/about/tariffs/ for currently appliable terms and conditions.

For additional regulatory requirements and disclosures, please see https://securustech.net/state-puc-psc-matters.