INMATE PHONE SERVICES
Friends & Family™ Plans

TERMS & CONDITIONS

Effective Oct 1, 2019

These Terms of Use (collectively, the “Terms”) govern and apply to your access and use of the service (“Service”) provided by Emergent Technologies, LLC (“We” or “Us”) and of our website, www.securustel.net (“Website”). By registering to use the Service and/or by accessing the Website, you accept these Terms and certify that you have reviewed these Terms and are at least 18 years of age. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE LEAVE THIS WEBSITE AND DO NOT USE THE SERVICE OR REGISTER TO USE THE SERVICE. Emergent Technologies, LLC reserves the right to amend and update these Terms from time to time. Any such amendments and updates shall be posted on this website. By continuing to use the Website or Service following any such Updates, you accept the updated Terms.


Term Of Service

Payment for Service is for one (1)  thirty-day term only.  Because we do not bill on a recurring basis, if you wish to continue using Service beyond your initial thirty-day term, you must re-authorize payment utilizing the same sign-up process as your initial term.  If no such payment is authorized and received by the end of the thirtieth day of your initial term, Service will automatically be terminated. 


The Service

The Service is provided  by https://securustel.net, as well as any other service that we provide to you in connection with the foregoing. The Service enables you to communicate with, third parties including those residing in correctional facilities. Emergent Technologies, LLC / https://securustel.net reserves the right to modify, suspend, or discontinue the Website and any or all of the Service at any time for any reason and without prior notice.

You can obtain the real-time status of your user account at any time by logging into the Website.
You are responsible for obtaining and maintaining all computer hardware, software, and communications equipment needed to access the Service, and for paying all charges for your communications service used to access the Service (e.g., wireline or wireless broadband, voice telecommunications, text messages, etc.). You acknowledge that you may be charged by your communications carrier(s) for text messages sent or received in connection with the Service or for your use of the Internet to access the Website and Service. Emergent Technologies, LLC / https://securustel.net is not responsible for the performance of your communications carrier(s). Emergent Technologies, LLC / https://securustel.net is not liable for delayed or undelivered messages.

By registering for a user account with https://securustel.net and providing your email address, you agree to receive correspondence from https://securustel.net relating to your account and the Service via email. By providing us your wireless number, you agree to receive informational text messages from https://securustel.net, including but not limited to alerts when someone has tried to contact you, messages about the Service and updates thereto, and information about your account. https://securustel.net may also send you text messages regarding new service offerings and products that you do not currently use, but only pursuant to your express written consent. You may opt-out of receiving these messages by disabling your account or submitting your request via support ticket at “https://securustel.net/contact-us”

In the event you change your wireless number, you agree to promptly notify https://securustel.net that your number has changed.

https://securustel.net’s privacy policy is located at https://securustel.net/privacy-policy (“Privacy Policy”). The Privacy Policy is incorporated by reference herein. Except as otherwise reasonably necessary for your use of the Service as contemplated herein, Emergent Technologies, LLC / https://securustel.net does not want you to, and you agree that you shall not, send any confidential or proprietary information to Emergent Technologies, LLC / https://securustel.net via the Website or otherwise.


Usage Policy

You agree to abide by all local, state, national and international laws and regulations applicable to your use of the Website and Service, and you are solely responsible for all acts or omissions that occur in connection with your account, including without limitation the content of any Communications that you send through a Service. You also represent and warrant that you are the sender of all Communications sent through the Service in connection with your account. Emergent Technologies, LLC, / https://securustel.net is not liable for any misuse of the Service by you.

You agree that your use of the Website and Service is for personal, non-commercial purposes only. You agree that your use of the Website and Service shall not include:

  Any resale or attempt to resell any part of the Service;
  Using the Service to market any product or service or to initiate unsolicited Communications relating to any commercial enterprise;
  Defamatory, threatening, obscene, harassing, or otherwise unlawful Communications or Communications that incorporate the proprietary material of a third party;
  Any illegal, fraudulent, abusive, improper, or inappropriate use of the Website or a Service;
  Misleading others as to your identity by creating a false identity, impersonating the identity of someone/something else, or providing contact details that do not belong to you;
  Interfering with, or disrupting, networks connected to the Service or violating the regulations, policies or procedures of such networks;
  Attempting to gain unauthorized access to, or defeat or violate security measures in connection with, the Website, a Service, or other accounts, computer systems, or networks accessible via the Service, through password mining, phishing, malware, or any other means;
  Interfering with another’s use and enjoyment of the Website or Service;

or

Engaging in any other activity that could subject Emergent Technologies, LLC / https://securustel.net to criminal liability or a civil penalty or judgment.

Violations of the foregoing may result in civil or criminal liability. Emergent Technologies, LLC / https://securustel.net may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Website or a Service in violation of these Terms. Among other things, Emergent Technologies, LLC / https://securustel.net may share your Communications and other information about your account with the appropriate authorities for investigation and prosecution if Emergent Technologies, LLC / https://securustel.net believes that you have violated these Terms or if otherwise requested by such an authority.

Username / Password

As part of the registration process to open a user account you will need a username and/or password. You agree to provide Emergent Technologies, LLC /https://securustel.net with accurate and complete information during the registration process and to update that information promptly when it changes. You agree to notify Emergent Technologies, LLC / https://securustel.net of any known or suspected unauthorized use(s) of your user account and any known or suspected breach of Emergent Technologies, LLC /https://securustel.net’s security, including the loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password.

Rates and Payment

The promotional credits we provide, rates and fees that you will be charged for use of the Service are set forth on the Website and are subject to change by us from time to time in our sole discretion. Any such change to Emergent Technologies, LLC / https://securustel.net’s promotions, rates or fees shall take effect on the date that such change is posted on the Website. Emergent Technologies, LLC / https://securustel.net’s rates and fees may be exclusive of applicable taxes and surcharges, for which Emergent Technologies, LLC / https://securustel.net may separately bill you. To the extent that you are responsible for any additional taxes or surcharges in connection with the Service, you agree that you will pay them when due. You are responsible for payment for a Service if Emergent Technologies, LLC / https://securustel.net fulfills its obligations with respect to the Service even if the Communication that you attempted to send did not reach its intended recipient due to matters beyond Emergent Technologies, LLC / https://securustel.net’s reasonable control. As between you and Emergent Technologies, LLC / https://securustel.net, you are responsible for all charges related to purchases made using your account and payment methods. In the event of non-payment by a customer under these Terms, Emergent Technologies, LLC / https://securustel.net shall be entitled to immediately proceed with collection remedies and shall be entitled to recover from you any costs, fees, and expenses in connection with such collection efforts.

Emergent Technologies, LLC /https://securustel.net will only accept payment using credit/debit cards online, or money orders and government-issued checks via post. Emergent Technologies, LLC / https://securustel.net will charge you for the Service using your indicated method of payment immediately after you confirm the payment method and amount. Your account will be credited within 24 hours of Emergent Technologies, LLC / https://securustel.net verifying receipt of your payment. If you have elected to make a payment by credit card and Emergent Technologies, LLC / https://securustel.net does not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by Emergent Technologies, LLC / https://securustel.net. Emergent Technologies, LLC / https://securustel.net shall not be responsible for any errors or transmission failures in connection with Emergent Technologies, LLC / https://securustel.net’s charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose, which could include refusal to authorize the charge. In addition to these Terms, any payments made by you may be subject to an agreement between you and the provider of the payment method.


Intellectual Property

You are permitted to access the Website, the Service, and any content provided by Emergent Technologies, LLC /https://securustel.net solely for the purpose of receiving information about Emergent Technologies, LLC / https://securustel.net’s business and products, purchasing and utilizing the Service, communicating with Emergent Technologies, LLC /https://securustel.net, or otherwise as stated on the Website. Emergent Technologies, LLC /https://securustel.net hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Website and Service solely for their intended purpose as determined by Emergent Technologies, LLC / https://securustel.net in its sole discretion.

Emergent Technologies, LLC / https://securustel.net may hold or license from third parties copyrights, trademarks, patents, trade secrets, or other intellectual property rights (“IPR”) in connection with the Website and Service. Except as expressly provided in these Terms, the availability of the Website and Service do not give you any license to this IPR. All such IPR is the sole property of Emergent Technologies, LLC / https://securustel.net or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not copy, reproduce, re-transmit, modify, alter, create any derivative works, reverse engineer, decompile, or disassemble any portion of the Website or Service, including any proprietary communications protocol used by the Website or Service, without the express written permission of Emergent Technologies, LLC / https://securustel.net.

You represent and warrant that you own and have the right to use, modify, publicly perform, publicly display, reproduce and distribute any content you provide to Emergent Technologies, LLC / https://securustel.net, including content that you include in Communications. By providing such content to Emergent Technologies, LLC / https://securustel.net, you grant Emergent Technologies, LLC / https://securustel.net the perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, distribute, and sub-license such content, in whole or in part, in any formats and through any channels.

The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Emergent Technologies, LLC / https://securustel.net of the contents on such third-party websites.Emergent Technologies, LLC / https://securustel.net is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.


No Warranty; Limitation of Liability

Although Emergent Technologies, LLC / https://securustel.net utilizes electronic and physical security to reduce the risk of improper access to, or manipulation of, your account information and Communications during transmission and storage, Emergent Technologies, LLC / https://securustel.net cannot guarantee the security or integrity of either. Emergent Technologies, LLC / https://securustel.net shall have no liability for breaches of security or integrity of your account information or Communications, for third-party interception of either in transit, or for any damage which may result to your computer or other property resulting from your use of the Website or Service. You acknowledge that your account information and Communications are transmitted unencrypted and that eavesdropping of Communications by third parties is possible. Emergent Technologies, LLC / https://securustel.net recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method provided by a third-party rather than through use of the Service.

Emergent Technologies, LLC / https://securustel.net makes no warranty or guarantee that the Service will be available at any particular time, that Communications will reach their intended recipient, that the Service will be timely or error free, or that you will be able to access the Service from any particular location. Emergent Technologies, LLC / https://securustel.net will not be liable for any act or omission of any other company or companies furnishing a portion of the Service (including without limitation your communications carriers and Emergent Technologies, LLC / https://securustel.net’s subcontractors), for any act or omission of a third party, for equipment that Emergent Technologies, LLC / https://securustel.net does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or service that are interconnected with Emergent Technologies, LLC / the Service.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEBSITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE;” Emergent Technologies, LLC / https://securustel.net DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND Emergent Technologies, LLC / https://securustel.net MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICE.

Emergent Technologies, LLC / https://securustel.net SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICE FOR ANY (i) INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES; (ii) LOSS OF PROFITS, CUSTOMERS, OR GOODWILL; OR (iii) COST OF PROCUREMENT OF SUBSTITUTE SERVICE, IN EACH CASE WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR NEGLIGENCE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Emergent Technologies, LLC / https://securustel.net’S TOTAL LIABILITY ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICE SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY YOU TO Emergent Technologies, LLC / https://securustel.net HEREUNDER DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT THAT CAUSED SUCH DAMAGES.


User Warranties; Indemnification

You warrant and represent to Emergent Technologies, LLC / https://securustel.net that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.

You agree to indemnify and hold harmless Emergent Technologies, LLC / https://securustel.net and its affiliates and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by Emergent Technologies, LLC / https://securustel.net in its sole discretion) directly or indirectly arising from or relating to your use of the Website or Service and you Communications. You agree to cooperate fully in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, and Emergent Technologies, LLC / https://securustel.net reserves the right, at your expense but using counsel selected by Emergent Technologies, LLC /https://securustel.net, to assume the exclusive defense and control of any matter that is subject to indemnification by you.


Termination, Cancellation and/or Suspension

If at any time you breach these Terms,Emergent Technologies, LLC / https://securustel.net may elect to suspend or terminate your use of the Website and/or Service in whole or in part and without prior notice, and Emergent Technologies, LLC / https://securustel.net may recover any damages from you arising from the event(s) giving rise to the suspension or termination. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or termination of your access to the Website or Service. Upon termination, for any reason, you agree to immediately cease using the Website and Service. https://securustel.net shall have no obligation to you after any termination or cancellation of these Terms. Should Emergent Technologies, LLC /https://securustel.net terminate your account while you have credits in your account, Emergent Technologies, LLC /https://securustel.net shall refund to you a fair monetary value of such credits (as determined by Emergent Technologies, LLC /https://securustel.net in its sole discretion) less any expenses that may be incurred by Emergent Technologies, LLC /https://securustel.net, including, without limitation, for payment of transfer duties, legal costs, third-party costs, or penalties.

You are free to terminate or cancel your use of the Service at any time and for any reason. Notwithstanding the foregoing, Emergent Technologies, LLC /https://securustel.net shall not be obligated to refund to you the reasonable value of any unused credits previously purchased by you unless you terminate the Service due to a breach by Emergent Technologies, LLC /https://securustel.net of these Terms and Emergent Technologies, LLC /https://securustel.net fails to cure such breach within thirty (30) days of its receipt of your notice of such breach.

The following provisions shall survive any termination of these Terms: Sections 12-15 (Intellectual Property); Sections 16-19 (No Warranty, Limitation of Liability); Sections 20-21 (User Warranties; Indemnification); Sections 22 and 24 (Termination, Cancellation and/or Suspension); Section 25 (Choice of Law, Arbitration, No Jury Trial, No Class Action); and Sections 26-27 (Miscellaneous).
Choice of Law, Arbitration, no Jury trial, no class action

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding its laws governing conflicts of laws. Except as hereinafter provided, any dispute arising under these Terms shall be settled and determined by binding arbitration in Denver, Colorado in accordance with the provisions of the Federal Arbitration Act, 9. U.S.C. §§1-16, as amended, to the exclusion of state laws inconsistent therewith. The terms of the Commercial Arbitration Rules of the American Arbitration Association shall apply. Notwithstanding the foregoing, the arbitrator may not change, modify, or alter any express condition, term, or provision of these Terms. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction thereof. Notwithstanding the foregoing,Emergent Technologies, LLC / https://securustel.net may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of these Terms. Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. You and Emergent Technologies, LLC / https://securustel.net agree that in no circumstance will any dispute between you andEmergent Technologies, LLC / https://securustel.net be resolved by a jury trial and both parties waive any right to demand a jury trial.


Miscellaneous

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Emergent Technologies, LLC /https://securustel.net in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, Emergent Technologies, LLC /https://securustel.net will be entitled to recover costs and attorneys’ fees if it substantially prevails. These Terms shall constitute the complete agreement between the parties. No terms and conditions stated in or attached to your communications to Emergent Technologies, LLC /https://securustel.net are applicable to these Terms in any way and no such communications shall modify these Terms. Emergent Technologies, LLC /https://securustel.net shall not be liable for any failure or delay in performing its obligations hereunder if such failure or delay is caused by any cause beyond Emergent Technologies, LLC /https://securustel.net’s reasonable control. You may not assign these Terms under any circumstances. https://securustel.net may assign these Terms at any time without notice.

All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Emergent Technologies, LLC / https://securustel.net may provide you notice of updates and amendments to these Terms, changes to the Service, and changes to the rates and fees applicable to the Service by means of a general notice posted on the Website. Any notices from https://securustel.net that are specific to you and your account may be provided to you by email to the email address associated with your user account, by written communication sent to the physical address associated with your user account, or by text message to the wireless telephone number associated with your user account.



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