Product Terms of Use

PRODUCT-SPECIFIC TERMS OF USE

These product-specific terms of use (“Product-Specific Terms of Use”) are made part of and governed by the Master Services Agreement (the “Agreement”) executed between Provider and Customer and will apply to a given Application if used by Customer (collectively, such Applications are referred to herein as the “Selected Applications”).  If the Selected Applications are provided by subsidiaries, affiliates, or third-party vendors of Provider, these terms apply with equal effect to those parties.

All defined terms not specifically defined herein have the same meaning as in the Agreement.  In the event of a conflict between the terms of the Agreement and the terms presented herein, these terms will govern.

Provider may change or modify these terms from time-to-time without notice other than posting the amended terms on Provider’s website.  The amended terms will automatically be effective when so posted, and Customer’s continued use of Provider’s products described herein shall constitute Customer’s consent to such changes.

TERMS APPLICABLE TO ALL SELECTED APPLICATIONS

1. Applicability. The terms described in this section are applicable to all Selected Applications described in these Product-Specific Terms of Use.


2. Customer Warranty. Customer represents and warrants that it will operate the Applications in compliance with all applicable laws and regulations, and Provider makes no representation or warranty as to the legality of Customer actions associated with the Applications.  To the fullest extent allowed by law, Customer agrees to be responsible for any loss, cost, claim, liability, damage, and expense (including, without limitation, reasonable attorney’s fees and expenses) arising out Customer’s non-compliance with applicable laws.


3. Disclaimer of Warranties. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE SELECTED APPLICATIONS AND ALL INFORMATION USED AND OBTAINED IN CONNECTION WITH THE APPLICATIONS ARE PROVIDED “AS IS.” PROVIDER DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SELECTED APPLICATIONS. PROVIDER DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, LEGALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SELECTED APPLICATIONS 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 SELECTED APPLICATIONS OR THE UNAVAILABILITY THEREOF.


4. Limitation of Liability. PROVIDER WILL HAVE NO LIABILITY TO CUSTOMER (OR TO ANY PERSON TO WHOM CUSTOMER MAY HAVE PROVIDED DATA FROM THE SELECTED APPLICATIONS) FOR ANY LOSS OR INJURY ARISING OUT OF OR IN CONNECTION WITH THE SELECTED APPLICATIONS 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 SELECTED APPLICATIONS, 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 $10,000. 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.


5. Indemnification. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, 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 USE OF THE SELECTED APPLICATIONS, INFORMATION OBTAINED IN CONNECTION THEREWITH, OR INSTRUCTIONS PROVIDED BY CUSTOMER TO PROVIDER RELATED TO THE SELECTED APPLICATIONS.

DIGITAL MAIL CENTER

1. Conditional Use of Digital Mail Center. Provider reserves the right to modify, enhance, or discontinue, in its sole discretion, any or all of the features that are currently part of the Securus Digital Mail Center.  Moreover, if Provider determines in its sole discretion that the Securus Digital Mail Center and/or Customer’s use thereof (1) violates the terms and conditions set forth herein and/or in the Master Services Agreement; (2) violates any applicable rule; or (3) is reasonably likely to be so determined, Provider may, upon written notice, immediately terminate Customer’s access to the Securus Digital Mail Center and shall have no further liability or responsibility to Customer with respect thereto.



2. Warranties. Customer further understands and acknowledges that the digital transcription of mail may or may not be thorough and/or accurate, and that Customer will not rely on Provider for the accuracy or completeness of information obtained through the Securus Digital Mail Center Application.

EMESSAGING

1. Approval of Messages. Customer is solely responsible for reviewing and approving each message, including (if applicable and permitted by Customer) any attachments.


2. Machine Translation. 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.

GUARDED EXCHANGE MONITORING

1. Conditional Use of GEX System. If Provider determines that the GEX System and/or Customer’s use thereof (1) violates the terms and conditions set forth herein or (2) violates any law or regulation or (3) is reasonably likely to be so determined, Provider may, upon written notice, immediately terminate Customer’s access to the GEX System and will have no further liability or responsibility to Customer with respect thereto.  Customer further acknowledges and agrees that the GEX System is not infallible, and that Provider does not make any representations or warranties regarding the GEX System’s ability to identify suspicious or suggestive key words or phrases, phrases that suggest threats to security, or phrases that indicated criminal activity in and outside of the Facility(s).

 NATIONAL CELLULAR FORENSICS

1. Customer Procedures. Customer will follow all Customer policies and procedures when seizing items contemplated for analysis.  Customer represents and warrants that it is either the legal owner of the subject media or has the authority to search via a search warrant or consent on behalf of the owner.  Customer warrants that any media tendered or made available to Provider for examination or duplication and any access granted to any information, system, or network was lawfully obtained in full compliance with all applicable law and with due regard for and deference to the property or privacy rights of all third parties.


2. Customer Authority to Search. Customer represents and warrants that it has obtained a warrant that provides Provider with the right to perform the NCF Services in compliance with all applicable law and that Customer will only use the NCF Services in compliance with the terms and conditions of such warrant.  At Provider’s request, Customer will provide Provider with a copy of each warrant obtained so that Provider can provide the NCF Services.  Customer will provide to Provider the chain of custody documents completed pursuant to Customer policy and procedure relating to any seized devices, component parts, or storage devices.  Customer will give Provider with consent to search any digital devices and media over which the Customer has authority.  Such search may require Provider to access passwords on seized devices or change passwords on seized devices.  If Customer does not have the legal authority to consent to such search, Customer will obtain the required consent from a person who does have such authority before Provider may conduct a search of any device or media.  All items sent by Customer to Provider shall be via approved and insured methods which shall include both UPS and FedEx.  Customer will also indicate to Provider the name, phone number, and address of the individual that the device shall be returned to after Provider has completed the NCF Services.


3. Confidentiality of Information. Provider will take commercially reasonable steps to protect the confidentiality of information in or on electronic data and media made available or furnished to it for examination; provided, however, Customer agrees that if, during the course of this engagement, Provider finds within any electronic data or media evidence of child exploitation (e.g., child pornography) or of a credible threat of physical harm to any person, Provider shall be entitled to immediately bring such matters to the attention of federal or state law enforcement authorities and that no assertion of privilege, confidentiality, or breach of contract will be raised as a bar to such action.


4. Retention of Information. Forensic images and other media related to a lawsuit will be retained by Provider for a period of one year from receipt of such material from Customer or until such lawsuit is settled, whichever is sooner (“Retention Period”).  After the Retention Period, the images and/or other media will either be destroyed or retained based upon the Customer’s written instructions.  If Customer does not provide written instructions within ten days of the end of the Retention Period, Customer agrees that any and all images and/or media will be destroyed.  If Customer instructs Provider to retain the images and/or media, a monthly storage fee with be charged to Customer.


5. Subpoenas of Information. If any of the materials relating to the NCF Services still within Provider’s custody or control are subpoenaed, Provider will give Customer notice of such subpoena in advance of compliance.  Should Customer require Provider to oppose such subpoena, Customer will, at Provider’s election, either retain separate legal counsel to represent Provider or indemnify Provider from and against all costs and expenses including reasonable attorney’s fees, cost, liabilities, and disbursements resulting from such action.


6. Conditional Use of National Cellular Forensics. If Provider determines in its sole discretion that the NCF Services and/or Customer’s use thereof (1) violates the terms and conditions set forth herein; (2) violates any law or regulation; or (3) is reasonably likely to be so determined, Provider may, upon written notice, immediately terminate Customer’s access to the NCF Services and will have no further liability or responsibility to Customer with respect thereto.  Customer further acknowledges and agrees that the NCF Services are not infallible, and that Provider does make any representations or warranties regarding the NCF Services’ ability to extract information from all current or future cellular devices that currently exist or may be developed.

 TABLETS TERMS OF USE

1. Customer Warranty. Customer represents and warrants that it will not provide the SecureView Tablet Solution to incarcerated individuals whom Customer knows, or has reason to know, pose a threat to other incarcerated individuals or Facility personnel, or who may use an incarcerated individual tablet in a dangerous or unauthorized manner.


2. Nature of Premium Content Service. Customer understands and acknowledges that premium content is rented and available only for the duration of an incarcerated individual’s incarceration at the Facility and will not be made available upon the incarcerated individual’s release.  Content is subject to availability and subject to change.


3. Use of Investigator Pro and Earbuds. Customer further understands and acknowledges that, in instances where incarcerated individual telephone calls originate from Tablets, Investigator Pro™ works only with Provider’s certified earbuds.  If Customer elects to sell alternative earbuds, Customer forgoes the effectiveness of Investigator Pro’s™ voice identification technology on Tablet calls.  Moreover, Customer will refrain from the sale or distribution of earbuds with a microphone other than Provider’s certified earbuds.


4. Indemnification. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, 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 OR INCARCERATED INDIVIDUALS’ MISUSE OF THE SECUREVIEW TABLET SOLUTION.

 THREADS TERMS OF USE

1. Conditional Use of THREADS. Customer understands and acknowledges that THREADS™ uses data from third-party sources, which may or may not be thorough and/or accurate, and that Customer will not rely on Provider for the accuracy or completeness of information obtained through the THREADS™ application.  Customer understands and acknowledges that Customer may be restricted from accessing certain aspects of the THREADS™ application which may be otherwise available.  Provider reserves the right to modify, enhance, or discontinue any of the features that are currently part of the THREADS™ application.  Moreover, if Provider determines in its sole discretion that the THREADS™ application and/or Customer’s use thereof (1) violates the terms and conditions set forth herein and/or in the Agreement or (2) violates any law or regulation or (3) is reasonably likely to be so determined, Provider may, upon written notice, immediately terminate Customer’s access to the THREADS™ application and will have no further liability or responsibility to Customer with respect thereto.

VRS TERMS OF USE

1. Indemnification. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CUSTOMER HEREBY AGREES TO PROTECT, INDEMNIFY, DEFEND, AND HOLD HARMLESS PROVIDER AND ITS THIRD-PARTY VRS VENDORS 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 OR INCARCERATED INDIVIDUAL’S USE OF THE VRS APPLICATION, INCLUDING, WITHOUT LIMITATION, SUCH COSTS, CLAIMS, DEMANDS, DAMAGES, LOSSES, AND LIABILITIES (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING FROM A FAILURE TO DESIGNATE A VRS NUMBER AS “PRIVATE.”