ConsCallHome/InmateDirect Terms and Conditions.

Effective November 23, 2016.

1. INTRODUCTION

Terms and Conditions of Service, hereinafter referred to as ("Agreement" "terms") constitute the entire Agreement between InmateDirect®, DBA ConsCallHome®, hereinafter referred to as ("InmateDirect®" "we" "us" or "our") and the user of InmateDirect®'s communication services, hereinafter referred to as "Subscriber" "you" or "your" with respect to InmateDirect® services provided through the website and/or by speaking with a Customer Service Representative. You acknowledge having read and accepted the terms and conditions provided herein. It is the Subscriber's responsibility to review the terms clearly posted on the company website and stay aware of any changes made.

InmateDirect® does not use paper for "statements" or "Terms and Conditions of Service". Our terms are permanently posted on our website; however we may on occasion opt to email or post mail the terms and conditions to our customer base. We reserve the right to modify this Agreement at any time. Such modifications shall be effective upon posting on our website. By subscribing to the "Service", including any such future modifications, Subscriber agrees to be bound by this and any subsequent revised Agreement posted on our website at https://conscallhome.inmatedirect.com/terms.

2. SERVICE

Upon subscription of Service, InmateDirect® will hereby assign to you an individual nonexclusive, non-transferable, revocable license to access and use the InmateDirect® service(s), for non-commercial use. Subscriber shall have no right to sell, resell, duplicate, copy, distribute, or exploit for commercial purposes any portion, access, or use of the InmateDirect® service(s); nor make any claim of such right. Unless stated otherwise, any new features provided by us that can enhance the current InmateDirect® service(s) shall also be subject to these terms and conditions. InmateDirect® is not liable for any communications, information, content, and/or materials that Subscriber submits to the service and assumes all such responsibility and liability. InmateDirect® shall have no responsibility for the transmission or deletion of Subscriber Content. InmateDirect® has the right to restrict termination to any telephone numbers at its sole discretion.

Subscriber is required to prepay all uses of this service. Subscriber also agrees not to use service for any unlawful or abusive purpose or in such a way that it creates damage to services' reputation, employees, facilities, third parties, or to the public in general. It is the Subscriber's responsibility to know the rules of the inmate's facility where he/she is incarcerated.

Subscriber agrees to abide by any telecommunication rules associated with a Federal, State or Local prison facility and understands that a violation of these rules may result in the loss or suspension of this service. The Florida Department of Corrections does not allow calls to prepaid cell phones or businesses. The Alaska Department of Corrections does not allow calls to any cell phones. InmateDirect® is not liable if an inmate's location changes its telephone policy, resulting in interference with the InmateDirect® service(s).

Rollover minutes accumulate and expire through six (6) rolling bill periods. Rollover minutes accumulated will expire each bill period as they reach a six (6) bill period age. Rollover minutes will expire immediately upon default or if Subscriber changes to a new service plan. If Subscriber changes plans, any rollover minutes in excess of your new plan will expire. Rollover minutes are non-transferable and not redeemable for cash or credit.

Once the Subscriber account is established, Subscriber will be issued a local Direct Line™ number for the location of the facility of where the inmate is incarcerated. Subscriber understands that InmateDirect® does not have billing arrangements with any prison phone providers, and our service cannot accept collect phone calls.

Subscriber agrees to use alternate means so the calls from your inmate are not billed as collect calls. This can be done by using a prepaid account with the contracted phone provider for the inmate's facility, calling cards utilized by the inmate, or the inmate calling direct through a commissary account. Subscriber agrees he or she FULLY understands how to set up the InmateDirect® service(s) and also that it is the Subscriber's responsibility to understand the next steps to be taken. You also understand that InmateDirect® is NOT responsible for the third party providers to our company. If set up takes Subscriber longer than expected, Subscriber is still required to pay our service. If at any time Subscriber needs additional help on how to get set up, please visit https://conscallhome.inmatedirect.com/contact-support or contact InmateDirect® during normal business hours at https://conscallhome.inmatedirect.com/contact-us.

InmateDirect® provides our service(s) to Subscriber until said service(s) is cancelled. Your service term refers to the period of time for which InmateDirect® will bill you in advance (for example: one month or one year). The service term is the term Subscriber selected from the options available when Subscriber signed up for our service. The Subscriber's first service term begins on the subscription date; which is the date Subscriber first ordered service, the date we gave you the phone number, or the date we successfully processed your payment, whichever is later. Subscriber service will continue until canceled by Subscriber or InmateDirect® as provided for herein. Please note that the obligations of this agreement begin on your subscription date and are indefinite.

Subscriber's service term automatically renews for the same term unless service(s) is/are cancelled before the end of your then current service term. The renewal begins on the day after the last day of your service term.

2.1 Acceptable Use

Subscriber is solely liable for any transmissions sent through the InmateDirect® service(s). InmateDirect® has no control over the content of any transmission nor will be liable for such content. Subscriber shall not use the service(s) to create or distribute any images, sounds, messages, or other materials which are obscene, harassing, racist, malicious, fraudulent, infringing or libelous, nor use the service(s) for any activity that may be considered or are unethical, immoral, abusive of any third party's rights, or illegal. Furthermore, you will abide by all rules, regulations, procedures, and policies of InmateDirect® and any policies of the networks connected to the service(s). Subscriber agrees to abide by all applicable local, state, national, foreign, and international laws and regulations and is solely responsible for all acts or omissions that occur under the Subscriber account or password, including the content of Subscriber transmissions through the service(s).

2.2 Directory Listings

If we make available an option to list your name, address, and/or telephone number in a published directory or directory assistance database, and one or more of the following conditions occurs: (1) you request that your name, address and/or phone number be omitted from a directory or directory assistance database, but that information is included in either or both; (2) you request that your name, address and/or phone number be included in a directory or directory assistance database, but that information is omitted from either or both; or (3) the published or listed information for your account contains material errors or omissions, then the aggregate liability of InmateDirect® and its affiliates, suppliers or agents shall not exceed the monthly charges, if any, which you have actually paid to InmateDirect® to list, publish, not list, or not publish the information for the affected period. You shall hold harmless InmateDirect® and its affiliates, suppliers, or agents against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the errors and omissions in referenced above.

2.3 Registration, Passwords, and Privacy

In registering for the InmateDirect® service(s), Subscriber agrees to provide and maintain accurate and complete contact and identification information. In registering, Subscriber will designate a phone number or phone numbers and password and is responsible for maintaining the confidentiality of these items. If Subscriber provides information that is, or that InmateDirect® suspects to be false, inaccurate, incomplete, or not current, InmateDirect® has the right to suspend or terminate service(s) and refuse any and all current or future use of all service(s). In addition, InmateDirect® reserves the right to immediately disconnect Subscriber service at any time without notice. Subscriber agrees to enter registered private telephone numbers that are controlled by or under the common control of the Subscriber. InmateDirect® respects your privacy. Subscriber must immediately notify InmateDirect® if suspect of any breach of security such as loss, or unauthorized disclosure or use of Subscriber password and account.

3. TERMS

The term of this agreement is a month to month contract. The monthly fee charge is based on the plan Subscriber picked when setting up the account; even if the Subscriber does not receive calls, the monthly fee will be still charged. Subscriber can cancel at any time. The term of the service shall continue for as long as the Subscriber continues to maintain an active account and for as many months thereafter as Subscriber chooses to continue service. Customers on yearly plans will automatically be downgraded to a monthly plan upon the expiration of the subscribed yearly term until such time the Subscriber prepays for an additional years' service. The agreement is only with the Subscriber. The account is non-transferable. The Subscriber is responsible for paying all charges posted to their account, including monthly plan charges, deposits, set up fees, overage minutes, and any other charges associated with the account.

3.1 Providing Information to Authorities and Third Parties

If InmateDirect® believes the service has been used for an unlawful purpose, InmateDirect® may forward the relevant communication and other information including Subscriber identity, contact, and credit card information to the appropriate authorities for investigation and/or prosecution. Subscriber consents to the forwarding of any such communications and information to any and all authorities as permitted by law.p>

The InmateDirect® service(s) does not support 0+ or operator assisted calling including, without limitation, collect calls, third party billing calls, 976, 900, 911/E911, 1010xxx or calling card calls. InmateDirect® service(s) may not support 411, 311, 511, and other N11 services in one or more service areas.p>

Subscriber should always have an alternative means for accessing 911 or similar emergency services. InmateDirect® is not intended as a replacement of Subscribers primary phone service, such as traditional landline or mobile phone.p>

3.2 Payment for Services

InmateDirect® will charge Subscriber the rates in effect under the Subscriber plan as published on the ConsCallHome® website (https://conscallhome.inmatedirect.com), plus any enhanced service charges or taxes at the time of subscription. Such rates may be updated by InmateDirect® from time to time and will be effective when published on the ConsCallHome® website. Some charges (including, but not limited to, surcharges and overage minutes) may accumulate in Subscribers account before being charged for such amounts. Subscriber billing cycle starts on the day the Direct Line™ is assigned to the Subscriber account. Subscriber agrees that all payments will be made to InmateDirect® via a valid credit or debit card, including MasterCard, VISA, American Express, or Discover. InmateDirect® may change the accepted payment method at any time, at the sole discretion of InmateDirect®. Subscriber name and address as it appears on the Subscribers account must also be on the credit account from which payment is made. If Subscriber provides a credit card number that is accepted for payment of Subscribers monthly bill, Subscriber authorizes InmateDirect® to charge the amounts owed, then or later, to that credit card account and to demand immediate payment from the payment card issuer. Every time Subscriber uses the InmateDirect® service(s), Subscriber re-affirms that InmateDirect® is are authorized to charge the Subscriber's payment card. Subscriber agrees to authorize InmateDirect® to charge purchases made online to the credit card account supplied to InmateDirect® when the subscription was initiated, or the card on file when the purchase is made. Subscriber agrees to pay all costs and expenses, including without limitation, attorney's fees and costs incurred by InmateDirect® to collect any monies due under terms of this Agreement.

Subscribers first month's service is prepaid when the account is established. If for some reason the Subscriber's phone number is not available when the service is initially purchased, InmateDirect® will NOT start the first month's service until the Direct Line™ has been issued to the Subscriber's account. Generally a Direct Line™ is issued immediately upon purchase but in some cases can take two (2) to ten (10) days or longer. Subscriber cannot order a number from InmateDirect® without purchasing service(s).

Fees and charges are published on the InmateDirect® website and are subject to change without notice. InmateDirect® may introduce new products and/or services at special introductory pricing. InmateDirect® reserves the right to bill Subscriber more frequently if the account is behind or in default.

3.3 Fees upon Disconnection

Disconnection by Subscriber. If Subscriber attempts to disconnect service(s) before the end of the current service term, Subscriber is responsible for all charges in the current term, including unbilled charges, plus any disconnection fee. In addition, if Subscriber disconnects service(s) that are based upon a predetermined commitment before the end of said commitment, Subscriber agrees to pay InmateDirect® the applicable recovery fees.

Disconnection by InmateDirect® Without Reason. If InmateDirect® discontinues Subscriber service(s) without a stated reason, Subscriber will only be responsible for the charges that have accrued through the date of the disconnection including a pro-rated portion of the final service(s) term charges and any recovery fees.

Disconnection by InmateDirect® With a Reason. If InmateDirect® disconnects Subscriber service for any valid reason, Subscriber will be responsible for all charges through the end of the current service(s) term, including unbilled charges plus any disconnection charges and any recovery charges.

All charges owed at the time of disconnection will be immediately payable. InmateDirect® will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to the credit bureaus.

3.4 Rebate and other Recovery Fees.

Any product or service you purchase from InmateDirect® that includes a rebate or benefit that is conditioned on maintaining any InmateDirect® service such as ConsCallHome® for a particular length of time, and if you disconnect the service before the service period ends, you agree to pay us the applicable recovery fee. A recovery fee is equal to the difference between the price you paid to us and the advertised regular price of the product or service at the time you received it. Any recovery fees are cumulative and are in addition to any other amounts you may owe us, including any disconnection fees.

3.5 Billing and Payment
Billing

When subscribing to the InmateDirect® service(s), Subscriber must provide InmateDirect® with a valid email address and an accepted payment method. InmateDirect® reserves the right to stop accepting the Subscriber's payment method or the Subscriber's payments. Subscriber must advise InmateDirect® immediately if the payment method expires, the account is closed, the billing address changes, the email address changes, or the payment method is cancelled and replaced due to loss or theft. Except for usage-based charges, InmateDirect® will bill in advance to the Subscriber payment method all charges, fees, taxes, and surcharges for each service(s) term. InmateDirect® will automatically charge the Subscribers credit card on file monthly or yearly from the day InmateDirect® collected full payment for service(s) and issued the Direct Line™ phone number. If Subscriber chooses to pay by money order, then payment for monthly or yearly service must be postmarked within 7 days of the billing due date.

Payments

When subscribing to the InmateDirect® service(s), Subscriber authorizes InmateDirect® to collect from the Subscribers payment method. This authorization will remain valid until 30 days after Subscriber terminates the InmateDirect® authority to charge the Subscribers payment method. InmateDirect® will charge Subscriber a disconnection fee and any other outstanding charges upon disconnecting the service.

3.6 Collection

If InmateDirect® disconnects the Subscriber service(s), Subscriber is responsible for all charges under this agreement and any costs incurred by InmateDirect® to collect said charges, including, but not limited to, collection agency fees, reasonable attorney's fees, and court costs.

3.7 Notices

Subscriber understands it is difficult for InmateDirect® to distinguish between credit and debit cards. Subscriber agrees to waive all rights under Regulation "E" ELECTRONIC FUND TRANSFERS of the Federal Deposit Insurance Corporation laws and regulations, to receive 10 days advanced notice from InmateDirect® regarding the amount to be debited from the Subscribers payment method. While InmateDirect® may provide billing messages from time to time, InmateDirect® is not obligated to do so. InmateDirect® may change or cease said messages at any time without notice to the Subscriber.

3.8 Billing Disputes

If you want to dispute any InmateDirect® or ConsCallHome® charges on your statement, you must notify us within seven (7) days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within seven (7) days, you waive any right to contest the charges. To dispute a ConsCallHome® charge on your statement, you must contact us by telephone at 1-888-524-6151.

3.9 Taxes

Taxes are not included in InmateDirect® service(s) pricing except in the initial set-up transaction fee. Federal, state, and local governments may assess taxes, surcharges, or fees, or all of these, on Subscriber use of InmateDirect® service(s). These charges are based on the rates applicable to the address provided by Subscriber to InmateDirect®. Subscriber is responsible for all applicable taxes, fees, or charges for the subscription, use or payment for InmateDirect® service(s). These taxes and fees are subject to change at any time. If you are exempt from payment of any of these taxes, you must provide us with an original certificate that satisfies the legal requirements attesting to tax-exempt status. Tax exemption will only apply from the date we receive your certificate. InmateDirect®, Attn: Tax Department 12748 University Drive, Fort Myers, FL 33907.

3.10 Cancellations and Refunds

Refunds are granted at the full discretion of InmateDirect®, and InmateDirect® has the right to deny any and all refunds. ALL SETUP FEES, SECONDARY LINE CHARGES, SERVICE CHARGES, TRANSFER CHARGES, PRE-PAID MINUTES AND ROLLOVER MINUTES ARE NONREFUNDABLE. Monthly accounts that are cancelled within seven (7) days of the initial setup or Direct Line™ assignment may be refunded. No refunds will be provided on subsequent months of service. Active accounts should be cancelled prior to the next monthly billing date so Subscriber will not be charged the next monthly service(s).

If Subscriber has paid for a full year in advance, and requests a refund within six (6) months of the initial service payment, a prorated refund may be processed based on the standard monthly pricing as stated in section 4.4. If Subscriber cancels after six (6) months of service, Subscriber waives the right to a refund.

If Subscriber has paid for six (6) months in advance, and requests a refund within four (4) months of the initial service payment, a prorated refund may be processed based on the standard monthly pricing as stated in section 4.4. If Subscriber cancels after four (4) months of service, Subscriber waives the right to a refund.

3.11 Termination of Service

No one other than the account holder can authorize cancellation of the account. Accounts must be cancelled by contacting our Customer Service department at 1-888-524-6151. If an appropriate form of termination is not used, Subscriber will remain responsible for all costs and fees associated with the account.

3.12 Promotional and Discount Funds

Promotional and Discount funds are non-refundable and must be used for their intended purpose only. InmateDirect® may offer discounts or promotions from time to time. These offers are non-refundable and non-transferable.

3.13 Default/Negative Balance on Account

Should any Subscriber of InmateDirect® service(s) have a negative balance on a pre-paid account for more than thirty (30) days; InmateDirect® will have the right to assume the account is in default, to close the account, and to proceed with a remedy for collection. Subscriber agrees to be responsible for any InmateDirect® and/or third party collection company fees, attorney fees and costs, or any and all fees associated with the Subscriber's default account. Reactivation of this account is only possible after the negative balance is paid in full and any reactivation or late charges that may become due are also paid in full.

If this Agreement is terminated because of Subscriber's default, InmateDirect® may keep any charges or sums prepaid by Subscriber upon termination. InmateDirect® may require reactivation charges to renew service(s) after termination or suspension thereof.

Any negative balance upon closing of the account shall have any outstanding balance charged to the credit card on file.

4. MONITORING

We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it is necessary in order to protect our service, InmateDirect®, affiliates, directors, officers, agents, and employees from harm.

5. NO THIRD PARTY BENEFICIARIES

If you are not a part to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights.

6. ENTIRE AGREEMENT

This Agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and InmateDirect®. This Agreement governs your use of our service and the use of our services by the members of your household and your guests and employees. This agreement supersedes any/all prior or contemporaneous agreements, statements, understandings, writings, commitments, or representations concerning its subject matter.

7. CHANGES TO THIS AGREEMENT

We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications, any required notices, agreements, changes to agreements, and other information regarding InmateDirect®'s service(s). It is the Subscriber's responsibility to review the terms clearly posted on the company website to be aware of any changes made. Changes will become binding on the date they are posted on the company website. When posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms. If you continue to use our service, we will consider this your acceptance of any changes.

8. PRIVACY POLICY

We do not sell your information with anyone in any way. We consider the privacy of our Subscribers to be our top concern and priority. We may, in some circumstances, provide your information to trusted parties for purposes such as: complying with court orders and other legal processes or procedures as dictated by Federal, State or Local government entities; enforcing our agreements and property rights and obtaining payment for our products and services, including the transfer of delinquent accounts to trusted parties for collection.

8.1 Data Collected

Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookie, Usage Data, First Name, Last Name, Phone number, Country, State, Province, Email and ZIP/Postal code. Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.

The Personal Data may be freely provided by the Subscriber, or collected automatically when using this Application. Any use of Cookies - or of other tracking tools - by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Subscribers and remember their preferences, for the sole purpose of providing the service(s) required by the Subscriber.

Failure to provide certain Personal Data may make it impossible for this Application to provide its services.

The Subscriber assumes responsibility for the Personal Data of third parties published or shared through this Application and declares to have the right to communicate or broadcast them, thus relieving InmateDirect® of all responsibility.

8.2 Method and Place of Processing the Data
Method of processing

InmateDirect® processes the Data of Subscribers in proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to InmateDirect®, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by InmateDirect®. The updated list of these parties may be requested from InmateDirect® at any time.

Place

The Data is processed at the InmateDirect® operating offices and in any other places where the parties involved with the processing are located. For further information, please contact InmateDirect®.

Conservation Time

The Data is kept for the time necessary to provide the service requested by the Subscriber, or stated by the purposes outlined in this document, and the Subscriber can always request the Data Controller for their suspension or removal.

8.3 The Use of Collected Data

The Data concerning the Subscriber is collected to allow the Application to provide its services, as well as for the following purposes: Analytics and Contacting the User. The Personal Data used for each purpose is outlined in the specific sections of this document.

8.4 Additional Information on Data Collection and Processing
Legal Action

The Subscriber's Personal Data may be used for legal purposes by InmateDirect®, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.

Additional Information about User's Personal Data

In addition to the information in this privacy policy, this Application may provide the Subscriber with contextual information concerning particular services or the collection and processing of Personal Data.

System Logs and Maintenance

For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System Logs) or use for this purpose other Personal Data (such as IP Address).

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from InmateDirect® at any time at its contact information.

The rights of Subscribers

Subscribers have the right, at any time, to know whether their Personal Data has been stored and can consult InmateDirect® to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to InmateDirect® at the contact information set out above. This Application does not support "do not track" requests.

To understand if any of the third party services it uses honor the "do not track" requests, please read their privacy policies.

Changes to this privacy policy

InmateDirect® reserves the right to make changes to this privacy policy at any time by giving notice to its Subscribers on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the top. If a Subscriber objects to any of the changes to the Policy, the Subscriber must cease using this Application and can request InmateDirect® to erase the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data InmateDirect® has about Subscribers.

9. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY.
9.1 As is Services.

You agree that our services are provided "as is," except to the extent provided below.

9.2 No Warranties on Service.

We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service or device will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information. Neither InmateDirect® nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, customer's data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of InmateDirect®'s or its service providers' or vendors' negligence. Statements and descriptions concerning our service or device, if any, by InmateDirect® or InmateDirect®'s agents or installers are informational and are not given as a warranty of any kind.

9.4 No Credit Allowances for Interruption of InmateDirect® Service.

We will not give you credit for any interruption of InmateDirect® service, including international calling services.

9.5 Limitation of Liability.

We will not be liable for any delay or failure to provide service at any time or any interruption or degradation of voice quality that is caused by any of the following:

  • Third party act or omission - any act or omission of an underlying carrier, service provider, vendor, prison, prison phone provider, or other third party;
  • Equipment failure - any equipment, network, or facility failure;
  • Equipment modification - any equipment, network, or facility upgrade or modification;
  • Force majeure - any force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, and government actions;
  • Equipment shortage - any equipment, network, or facility shortage;
  • Equipment relocation - any equipment or facility relocation;
  • Loss of power - any service, equipment, network, or facility failure caused by the loss of power to you;
  • Outages - any outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of service caused by any third party;
  • Acts or omissions - any act or omission by you or any person using our service or the device provided to you; or
  • Other causes - any other cause that is beyond our control, including, without limitation, a failure of or defect in any device, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or forwarded.
9.6 Disclaimer of Liability for Damages.

In no event will InmateDirect®, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service, including inability to access emergency service personnel through the E911, basic 911, or emergency routing services or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

9.7 Limit on total liability.

Our total liability under this agreement will not exceed the service charges for the affected time period. InmateDirect® will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone or other wireline charges, technician charges, or other similar charges.

10. INDEMNITY

Subscriber agrees to defend, indemnify and hold harmless InmateDirect®, our directors, officers, employees, agents, vendors and affiliates from and against any and all claims, losses, liabilities (including attorney fees), damages, costs and expenses, in any way arising from or related to Subscriber use of the service(s) including, without limitation, your violation of this Agreement, or your communication of any content on or through the service(s). Subscriber agrees that InmateDirect® shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of voice mails, communications, e-mail, data or information as a result of, or arising out of, administration of the service(s), whether or not you are given prior notice thereof. If Subscriber cancels the service, Subscribers' number(s) may be made available to other Subscribers.

10.1 Waiver of Claim or Causes of Action.

You waive all claims or causes of action arising from or relating to our 911 dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.

11. ASSIGNMENTS

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

12. PROPRIETARY RIGHTS

InmateDirect® shall retain all right, title, and interest to the service(s) including all copyrights, trademarks, patents, and all other intellectual property rights thereto, including without limitation with respect to all technology and telephone numbers used in connection with or provided as part of the service(s). Subscriber may not, nor allow any third party to, access, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble, or reverse engineer the service(s) for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the service(s), and no right to use any trademark is granted under this Agreement. Subscriber may not grant any sublicense, lease, or other right in the service(s) to any third party. All rights not expressly granted under this Agreement are retained InmateDirect®.

13. COPYRIGHT & TRADEMARK

Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.

14. GOVERNING LAW

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida. The federal and state courts within the State of Florida shall have exclusive jurisdiction to adjudicate any dispute arising in connection with this Agreement. Each party to this Agreement consents to jurisdiction of the federal and state courts within the State of Florida regarding any claim or dispute arising in connection with this Agreement.

15. SURVIVAL

The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

16. LEGAL AGE

You promise that you are of legal age to enter into this Agreement and that you have read and understand fully its terms and conditions.

17. SEVERABILITY

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.