Effective Date: December 28, 2022
- ELIGIBILITY. The Service is intended for individuals who are at least eighteen (18) years old. If you are not at least eighteen (18) years old, please do not access, visit, or use the Service.
- REGISTRATION. As a condition of using certain features of the Service, you may be required to register through the Site and select a password and user I.D. You may not: (1) select or use as a user I.D. a name of another person with the intent to impersonate that person; (2) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (3) use as a user I.D. a name that is otherwise offensive, vulgar, or obscene. We reserve the right to refuse registration of, or to cancel a user I.D., in our sole discretion. You shall be responsible for maintaining the confidentiality of your user I.D. and password. You are responsible for immediately notifying us if your user I.D. and password are compromised. Unless notified, we are entitled to assume any instructions issued from your user I.D. are valid.
- IDENTITY VERIFICATION. As a condition of using certain features of the Service, you may be required to provide a copy of a government issued form of identification bearing your photograph, such as a driver’s license or passport, for the purpose of verifying your identity. By providing such documentation, you agree that an image of this identification may be provided to law enforcement or correctional staff.
- Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material (including, but not limited to controlled substances or humans), drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
- Advertising to, or solicitation of, any user to buy or sell any products or services.
- Transmitting chain letters or junk email to other users.
- Using any information obtained from the Service in order to contact, advertise to solicit or sell any products or services to any user without their prior explicit consent.
- Engaging in any automated use of the Service, such as using scripts, web crawlers, bots/robots, or scrapers, or manual equivalents, to send comments or messages for any other purpose.
- Interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service.
- Attempting to impersonate, or impersonating any person, another user or entity, misrepresenting yourself, or using another user’s account without the user’s explicit consent and permission.
- Using the user I.D. or account of another user.
- Using any information obtained from the Service in order to harass, abuse or harm another person.
- Accepting payment or anything of value from any person and/or third-party entity in exchange for your performance of any commercial activity on or through the Service on behalf of that person and/or third-party entity.
- Using the Service in a manner inconsistent with any and all applicable laws and regulations.
- Decompiling, disassembling, modifying, translating, adapting, reverse engineering, or creating derivative based on, the Service, or any portion thereof.
- CHARGES FOR THE SERVICE. Fees will apply to your use of certain features of the Service, including any calls that are made through the Service. The fees and charges may vary based on, among other things, the correctional facility where an individual is incarcerated. We reserve the right to change the fees charged periodically, in our discretion.
- ADVANCE PAY ACCOUNTS INACTIVITY/REFUND POLICY.
* ^^ AdvancePay accounts will become inactive after 180 days of non- use or no activity.
a. Refunds — Refunds are available on request, while an account is in active status only, Request can be made online or by phone to ViaPath’s Customer Service Center.
* For AdvancePay accounts used for calls from/to incarcerated individuals in the State of California, effective January 1, 2023, and pursuant to the Keep Families Connected Act, all calls placed by incarcerated individuals to friends and family members will be at zero costs to the incarcerated individual and their friend and/or family member.
^^ In all instances where the applicable law, regulation or tariff may limit the ability of a provider to refund monies after a prescribed period of inactivity, ViaPath’s policy shall be limited to compliance with the applicable law, regulation, or tariff, including, but not limited to, the states of Alabama and Iowa.
- SUBMISSIONS. If you submit opinions, suggestions, feedback, images, documents, and/or proposals to us through the Service, or through any other communication with us, you acknowledge and agree that: (1) the submissions you provide will not contain confidential or proprietary information; (2) we are not under any obligation of confidentiality, expressed or implied, with respect to the submissions you provide; (3) we shall be entitled to use or disclose (or choose not to use or disclose) the submissions you provide for any purpose, in any way, in any media worldwide; (4) the submissions you provide will automatically become the property of the Company without any obligation of the Company to you; and (5) you are not entitled to any compensation or reimbursement of any kind from the Company in connection with your submissions under any circumstances.
- DISCLAIMER OF WARRANTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE INFORMATION CONTAINED IN AND PROVIDED THROUGH THE SERVICE, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, IS PROVIDED “AS IS”. NEITHER THE COMPANY NOR ITS SUPPLIERS WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ACCESSED ON OR THROUGH THE SERVICE AND THE COMPANY EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THE SERVICE. NO WARRANTY OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH ANY INFORMATION, MATERIALS, OR SERVICES PROVIDED THROUGH THE SERVICE.
- LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS THIRD-PARTY SUPPLIERS BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THE COMPANY OR ITS THIRD-PARTY SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
- NOTICE TO CALIFORNIA USERS. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: We are located at 3120 Fairview Park Drive, Suite 300, Falls Church, VA 22042. If you have a question or complaint regarding the Service, please contact us by email or by toll free telephone number using the information supplied through the “Contact Us” link on the Site. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- UNAUTHORIZED TRANSACTIONS. In the event that you use a credit card to pay for any products or services offered through the Site, you are representing to the Company that you are authorized to use that credit card.
- INDEMNIFICATION. You agree to defend, indemnify, and hold the Company harmless from and against any and all claims, damages, and costs including attorneys’ fees, arising from or related to your use of the Service. You will not be required to indemnify and hold the Company harmless from and against any claims, liabilities, damages, losses, or expenses resulting from the Company’s own negligent conduct.
- DISPUTE RESOLUTION AND ARBITRATION AGREEMENT.
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
- Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception – Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
- NON-WAIVER. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- FORCE MAJEURE. The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation.