Securus Emessaging^® Terms and Conditions

The following Terms and Conditions govern a facility customer’s use of Securus Technologies, LLC’s eMessaging Application. A facility customer is referred to in these Terms and Conditions as “Customer,” and Securus Technologies, LLC is referred to as “Provider.”

1. Customer is solely responsible for reviewing and approving each message, including (if applicable and permitted by Customer) any attachments.
2. Customer will comply with all laws and government guidelines applicable to Customer’s access to and use of information obtained in connection with or through the eMessaging Application. Customer acknowledges and understands that the Customer is solely responsible for its compliance with such laws and that Provider makes no representation or warranty as to the legality of the use of the eMessaging Application or the information obtained in connection therewith.  Provider will have no obligation, responsibility, or liability for Customer’s compliance with any and all laws, regulations, policies, rules or other requirements applicable to Customer by virtue of its use of the eMessaging Application.
3. Provider will use machine translation to translate eMessages written in Spanish into English for the sole purpose of Customer review. Customer acknowledges that machine translation is not 100% accurate and that such machine-translated messages may contain grammatical and other errors. Provider makes no representations or warranties regarding the accuracy or reliability of such machine translation.
4. Customer acknowledges that the information available through the eMessaging Application includes personally identifiable information and that it is Customer’s obligation to keep all such accessed information secure. Accordingly, Customer will (a) restrict access to the eMessaging Application to those law enforcement personnel who have a need to know as part of their official duties; (b) ensure that its employees (i) obtain and/or use information from the eMessaging Application only for lawful purposes and (ii) transmit or disclose any such information only as permitted or required by law; (c) keep all user identification numbers confidential and prohibit the sharing of user identification numbers; (d) use commercially reasonable efforts to monitor and prevent against unauthorized access to or use of the eMessaging Application and any information derived therefrom (whether in electronic form or hard copy); and (e) notify Provider promptly of any such unauthorized access or use that Customer discovers or otherwise becomes aware of.
5. Customer understands and acknowledges that the eMessaging Application and all information used and obtained in connection with the eMessaging Application is “AS IS.” Provider will have no liability to Customer (or to any person to whom Customer may have provided data from the eMessaging Application) for any loss or injury arising out of or in connection with the eMessaging Application or Customer’s use thereof. If, notwithstanding the foregoing, liability can be imposed on Provider, Customer agrees that Provider’s aggregate liability for any and all losses or injuries arising out of any act or omission of Provider in connection with the eMessaging Application, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, will never exceed $100.00.  Customer covenants and promises that it will not seek to recover from Provider an amount greater than such sum even if Customer was advised of the possibility of such damages. Provider does not make and hereby disclaims any warranty, express or implied, with respect to the eMessaging Application.  Provider does not guarantee or warrant the correctness, completeness, LEGALITY, merchantability, or fitness for a particular purpose of the eMessaging Application or information OBTAINED IN CONNECTION THEREWITH. In no event will Provider be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information obtained in connection with the eMessaging Application or the unavailability thereof.

Customer hereby agrees to protect, indemnify, defend, and hold harmless Provider from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys’ fees and costs) arising from or in any way related to Customer’s, friends and family members’, or incarcerated individuals’ use of the eMessaging Application or information obtained in connection therewith.