TERMS AND CONDITIONS TO ESTABLISHMENT OF PRE PAID SERVICES

As of January 15, 2014

Recitals

WHEREAS, “User”, the party who has accessed www.legacyinmate.com and its domain to specifically establish a prepaid “collect” call account to the specified telephone number in the “application” and;

WHEREAS, Legacy Inmate Communications (“Legacy”) is in the business of providing telecommunication services for correctional facilities throughout the United States and as part of this service offers friends and family members of incarcerated loved ones to establish prepaid services to accept calling from the desired inmate;

NOW THEREFOR, the User agrees to the following terms and obligations:

Scope

This “Agreement” shall apply to this website and the entire domain.

General Terms of Use

By selecting the “I agree” option below, the User constitutes acceptance of all Terms and Conditions to the Prepaid Collect services and provides their consent to Legacy to supply said services.

By selecting the “I agree” option below, the User is specifically acknowledging agreement to and the acceptance of all disclaimers of warranties, limitations of liability, and indemnification outlined in this Agreement.

User understands by selecting the “I agree” option below, this constitutes the indication of your electronic signature, thereby creating a valid and legally enforceable contract.

Conditions and Obligations

Legacy agrees to comply with and shall be bound by all applicable laws, rules, and regulations that pertain to this site, to include those laws specific to users in the State of California.

User agrees that the total aggregate monetary liability for Legacy arising out of your use of this website may never exceed the total price paid to Legacy for services.

User shall agree to defend, indemnify and hold Legacy, its affiliates, officers, shareholders, and agents – harmless from all claims, losses, liens, expenses, suits, and attorney fees for any damages of any kind, including, without limitation: any special, consequential, incidental, or indirect damages to any person or entity that may in anyway arise out of result from or in connection with the use of this website or any of the information or other resources provided or through this website.

You agree to defend, indemnify and hold Legacy, its affiliates, officers, shareholders, and agents, in event that your use of this website or any of the information, forms, or other resources provided by or through this website: constitutes a violation of any applicable law or regulation; is unfair, fraudulent, or deceptive; or is intended to threaten, harass, intimidate, or defame any person or entity.

User agrees that any use of this site, specifically to establish a pre paid call account, is for personal use.

Billing Information

All billing information provided to Legacy through this website, to include, but not limited to: credit card numbers/information, check card numbers/information, checking account routing numbers/account information, or any other means for payment, you agree that you are responsible for any and all use of such information by any party for the purchase of services provided by Legacy. Further you agree to hold harmless Legacy, and its affiliates, officers, shareholders, and agents, from all claims, losses, liens, expenses, suits, and attorney’s fees for any damages of any kind, including without limitation: any special, consequential, incidental, punitive, or indirect damages to any person or entity that may in any way arise out of or result from or in connection with the unauthorized use of such payment information, and that your only remedy, should there be one, is with your issuing financial institution.

Contact Information

By supplying contact information, you agree that Legacy may contact you by telephone or electronic mail about any application for any service through this website.

You are strictly prohibited from inserting any false, fraudulent, indecent, or obscene information into any form provided for data entry, and that your usage will comply with all requirements of California and federal law.

Registration and Password

All information you provide on our website should be true, accurate, current and complete as necessary to maintain your account information. If you provide any information that is, or that we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, Legacy may without notice suspend or terminate your access to products and services on our websites and refuse any and all current or future products (or any portion thereof).

If any portion of our website requires you to register or open an account, you may be asked to choose a password and a user name. You are responsible to maintain the confidentiality of the password and account, and you fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Legacy of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which Legacy may otherwise have, Legacy reserves the right to take any action, as it deems necessary or reasonable, to ensure the security of its website and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account.

Disclaimer of Warranties

LEGACY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING; WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, LEGAL EFFECT, ACCURACY IN OMISSION OR EXPLICIT REFERENCE, APPROPRIATENESS, COMPLETENESS AND NON-INFRINGEMENT.

LEGACY DISCLAIMS ANY WARRANTY, EXPRESSED, IMPLIED, THAT THE WEBSITED AS DOWNLOADED, IS VIRUS AND OR SPYWARE FREE.

Limitation of Liability

IN NO EVENT SHALL LEGACY OR ITS AFFILIATES, OFFICERS, AGENTS, SHAREHOLDERS, OR ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF OR INABILITY TO USE THE INFORMATION, FORMS AND ANY AND ALL OTHER RESOURCES PROVIDED ON OR THROUGH THIS WEBSITE.

YOU AGREE TO USE THIS WEBSITE AND PROVIDE ALL INFORMATION NEEDED TO ESTABLISH OR REPLINISH A PRE-PAID ACCOUNT AT YOUR OWN RISK.

Oral Modifications

Employees of Legacy are not authorized to modify these Terms and Conditions, either verbally or in writing. If any employee of Legacy offers to modify these terms, he or she is not acting as an agent of Legacy or speaking on our behalf.

Video Visitation

Minimum requirements to conduct remote video visit: Desktop or PC running Windows XP or higher, Pentium 3 with a minimum of 512MB RAM, latest version of Adobe Flash for PC, Internet browser (Microsoft Internet Explorer, Mozilla Firefox, Google Chrome), Webcam, Microphone, High-Speed DSL, valid email address. Android and Apple products to be released soon.

Charges for Services

Fees will apply to your use of certain features of services, including any calls or video visitation made through services provided by Legacy. The fees and charges may vary based on, among other things, the correctional facility where an offender is incarcerated. We reserve the right to charge fees periodically at our discretion.

Funds for conducting remote visitation will be deducted from Friends and Family prepaid account once appointment is scheduled. Refunds shall only be granted should Legacy receive a notice of cancelation forty-eight (48) hour prior to scheduled visit. Refunds shall not be granted should customer miss their scheduled appointment due to internet connection, free Wi-Fi hotspot, quality of transmission due to poor internet quality (video/audio) or dropped do to internet inconsistencies.

Video Visitation Liability

Customer (Account Holder) shall hold Legacy Inmate Communications harmless against any charges/costs incurred as a result of termination due to violation of Visitation Guidelines established by the Correctional Facility. Such violations shall include but are not limited to nudity, profanity, suggestive body gestures, terminology and/or any other activity considered to be of an inappropriate manner by the correctional facility. Legacy Inmate Communications is unable to refund or credit Prepaid Customer Accounts that fall under such circumstances.

Termination/Suspension

You agree that Legacy may immediately and without notice terminate or suspend your account, your access to our products or services, or your access to all or any part of our website. You agree that Legacy may immediately and without warning change your password. Cause of such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material medication to our website (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engaged by you in fraudulent or illegal activity. Further, Legacy reserves the right, to immediately terminate or suspend your account, any associated e-mail address, and access to our website at any time for any reason and without notice to you in its sole discretion.

Mandatory Arbitration

Should any dispute arise between or among the parties to this Agreement, including but the parties agree that neither party shall commence on Binding Arbitration of Disputes under such provisions unless a) the party asserting a dispute under such provisions shall have notified the other party hereto of the basis of such dispute, and b) the parties shall have failed to resolve such dispute, despite using best efforts, within a twenty day period after such notice – to have reached a settlement of such dispute. In such event, after the twenty-day period, either party may demand that the matter in dispute be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The parties hereto agree that any arbitration shall take place within the jurisdiction and under the purview of the office of the American Arbitration Association nearest Cypress, California. The parties may engage in discovery, and the arbitrator may decide all discovery disputes, in accordance with applicable California law. The arbitrator shall give effect to limitations in determining the law. The arbitrator shall give effect to statues of limitations in determining any claim. Any controversy concerning whether an issue is arbitrable shall be determined by the arbitrator. The prevailing party in such arbitration shall recover his/its reasonable attorneys’ fees and costs. Judgment upon the arbitrator’s award may be entered in any court having jurisdiction.

Governing Law

This Agreement shall be construed under and in accordance with the laws of the State of California and shall be deemed performable in Cypress, California.

Agreement and Binding Legal Contract

By selecting the “I agree” option below, you state, as a legal matter the following:

  • I have read and understand all of the terms and conditions of this Agreement.
  • I hereby affirm that I acknowledge, accept, and consent to all terms and conditions of this Agreement.
  • I am of legal age and that I am at least 18 years of age.


GENERAL CONSUMER PROTECTION INFORMATION
Be wary of inmate calls that request you to dial *72 followed by a new ten-digit number. Completing this request will result in the forwarding of your telephone number to a number of the inmate´s choosing, and all calls to your true telephone number will be automatically forwarded to the new number without your knowledge. The only way to reverse the forwarding of calls to a new number is to dial *73.

NOTICE:
All inmate telephone calls are likely to be monitored and recorded. By accepting an inmate call, you acknowledge and agree that your conversation may be monitored and recorded.

The quality of telephone calls to wireless devices and cordless phones that receive voice transmission via frequencies as opposed to wires may vary, based on, among other things, a person’s movement, tower location and signal strength at any given point in a call. Accordingly, the quality and integrity of calls to cell phones and cordless phones cannot be guaranteed and dropped calls to cell phones will not be routinely refunded. Complaints concerning dropped calls and call quality from inmate facilities are investigated at the call origination point for the purpose of ascertaining whether an issue exists with the telephone equipment from which the call is placed.