Securus Technologies, Inc. eMessaging Terms of Service
Before you purchase postage, you must read and agree to these eMessaging Terms of Service (these “Terms of Service”) and any future amendments. These Terms of Service constitute a legally binding agreement between you and Securus Technologies, Inc. (“Securus”).
- SERVICE. The Securus eMessaging Service (the "Service") allows you to send a message to an inmate at a correctional institution where the Service is enabled (any such correctional institution, the “Client”). For certain Clients, the Service allows you to include a photo or attachment with your message or allow an inmate reply for additional postage (i.e., stamps). Messages may be sent via [www.securustech.net] or the Securus Mobile App. To send a message and attachment, you must purchase postage with a credit card or debit card (collectively, a “Bank Card”).
- PROPER USE. You agree that you are responsible for your use of the Service, your own communications, and for any consequences of your use of the Service. You agree that you will use the Service in compliance with all applicable local, state, and federal laws, rules and regulations (including any laws regarding the transmission of technical data exported from your country of residence), as well as the policies, procedures, and restrictions imposed by our Clients.
You are fully responsible for maintaining the confidentiality of your account information (including your username and password). You agree to notify Securus of any unauthorized use of your password or account or any other breach of security.
You must not, must not agree to, and must not authorize or encourage any third party to: (a) use the Service to transmit any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or is otherwise objectionable as reasonably determined by Client; (b) transmit any content that infringes upon another party's intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations; (c) prevent others from using the Service; (d) use the Service for any fraudulent or inappropriate purpose; or (e) act in any way that violates Securus’ policies, as may be revised from time to time. Violation of any of the foregoing may result in non-delivery of the message or any attachment, immediate termination of your account without refund, and may subject you to state and federal penalties and other legal consequences. Securus may, but has no obligation, to investigate your use of the Service in order to determine whether a violation of these Terms of Service occurred or to comply with any applicable law, regulation, legal process, or governmental request.
- CONTENT OF THE SERVICE. Securus and the Client may access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) detect, prevent, or otherwise address fraud or security issues (including, without limitation, the filtering of messages and attachments); (b) satisfy any applicable law, regulation, legal process, or governmental request; (c) enforce these Terms of Service (including investigating of potential violations of these Terms of Service); (d) respond to user support requests; (e) protect the rights, property, or safety of Securus and its Clients; or (f) for any law enforcement, penological, investigatory, or other purpose. Securus will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Service.
You agree that each message and attachments you send will be reviewed, monitored, and preserved by Securus and our Clients, and that you waive any privacy or other confidentiality rights you may have in the contents of your messages and attachments. If you are an attorney, you agree you will not use the Service to transmit any confidential or privileged communications, and (on behalf of yourself and your clients) you waive any claim against Securus or our Clients for violation of the attorney-client privilege.
- INTELLECTUAL PROPERTY RIGHTS. You acknowledge that Securus owns all right, title and interest in and to the Service (including, without limitation, all intellectual property rights) (the "Securus Rights"), and the Securus Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. The Securus Rights include rights to (a) the Service developed and provided by Securus; and (b) all software associated with the Service.
- REFUNDS. All postage is non-refundable. Unused postage will not be refunded. If the Client refuse to distribute a message or attachment to an inmate, then no refund or replacement postage will be given.
- LIABILITY. Under some circumstances, a Client may refuse to distribute a message or attachment to an inmate. In those cases, neither Securus nor the Client will be responsible to you. If a message is sent to an inmate who was relocated to a community correction facility, paroled, or discharged; then the message may not be distributed to the inmate. In those cases, neither Securus nor the Client will be responsible to you.
- TERMINATION. You may terminate your use of the Service with or without cause at any time by providing written notice to Securus at the following address: 4000 International Parkway, Carrollton, Texas 75007 or via www.securustech.net/ContactUs/EMail. Securus may at any time and for any reason, without prior notice, terminate the Service, terminate these Terms of Service, 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. Securus will notify you of any termination, which will be effective immediately upon Securus' delivery of the notice. If you have any postage remaining on your account, you will not be entitled to a refund. Sections 3, 4, 5, 11 and 12 of these Terms of Service survive any termination.
- EXPIRATION. Depending on Client requirements, postage may or may not expire. You are responsible for using all postage before the specified expiration date (if applicable). There are no refunds for expired postage.
- NOTICE TO SECURUS. Notice to Securus must be sent to Securus Technologies, Inc., 4000 International Parkway, Carrollton, Texas 75007.
- GOVERNING LAW. These Terms of Service and the rights of the parties hereunder will be governed by and construed in accordance with the laws of the State of Texas, exclusive of conflict or choice of law rules.
- DISPUTE RESOLUTION.
- Any dispute, claim or controversy among the parties arising out of or relating to these Terms of Service or the Service (a "Dispute") will be finally resolved by and through binding arbitration administered by JAMS or the American Arbitration Association (“AAA”) pursuant to their respective arbitration rules (the “Rules”), provided that failure to adhere to any of the time limits set forth in the Rules will not be a basis for challenging the award. Both (i) the foregoing agreement of the parties to arbitrate any and all Disputes; and (b) the results, determinations, findings, judgments, and awards rendered through any arbitration, will be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction.
- The arbitration will be conducted by three arbitrators. Each party will select one arbitrator within 30 days of commencement of the arbitration. If any party fails to select an arbitrator, then (upon request of any party) JAMS or the AAA will appoint the arbitrator. JAMS or the AAA will appoint the third arbitrator, who will serve as Chairperson of the arbitral panel. The arbitrators must apply the terms of this Section 12 (including, without limitation, the waiver of class-wide arbitration set forth below).
- The place of arbitration will be Dallas, Texas.
- The cost of the arbitration proceeding (including, without limitation, each party's attorneys' fees and costs) will be borne by the unsuccessful party or( at the discretion of the arbitrators) may be prorated between the parties in whatever proportion the arbitrators determine to be equitable and will be awarded as part of the award.
- The arbitration provisions set forth in this Section 12, and any arbitration conducted pursuant to this Section 12, will be governed exclusively by the Federal Arbitration Act, Title 9 United States Code, to the exclusion of any state or municipal law of arbitration.
- WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF THE DISPUTE, WILL BE ARBITRATED ON AN INDIVIDUAL BASIS. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU AND SECURUS AGREE THAT THE ARBITRATORS (I) HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND (II) ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND SECURUS ALONE. FURTHER, YOU WILL NOT HAVE THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
- ANY CHALLENGE TO THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION IN SECTION 12(F) WILL BE DETERMINED SOLELY AND EXCLUSIVELY BY THE FEDERAL DISTRICT COURT LOCATED IN THE NORTHERN DISTRICT OF TEXAS OR THE TEXAS STATE COURT IN DENTON COUNTY AND NOT BY JAMS, AAA, OR ANY ARBITRATOR. WITHOUT WAIVING THE RIGHT TO APPEAL THE DECISION, IF ANY PORTION OF SECTION 12(F) IS STRICKEN FROM THIS SECTION 12 OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN (I) THIS ENTIRE SECTION 12 (OTHER THAN THIS SENTENCE) WILL BE STRICKEN FROM THIS AGREEMENT AND INAPPLICABLE, AND (II) ANY AND ALL DISPUTES WILL PROCEED IN THE FEDERAL DISTRICT COURT LOCATED IN THE NORTHERN DISTRICT OF TEXAS OR THE TEXAS STATE COURT IN DENTON COUNTY AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THIS SITE AND THE SERVICES INCLUDED ON THIS SITE ARE PROVIDED BY SECURUS ON AN "AS IS" AND "AS AVAILABLE" BASIS. SECURUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL AND PAYMENT INFORMATION THAT YOU PROVIDE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SECURUS DISCLAIMS ALL WARRANTIES. YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.