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TERMS OF USE AND DISCLAIMER

The IPWebVisitor.com website (the "Website") is a correctional facility video visitation system, provided to you by IP Web Visitor™ ("we" or "us"), that allows users to visit incarcerated individuals over the internet, from the convenience of their homes or offices. This Terms of Use and Disclaimer (the "Terms") describes how IP Web Visitor™ will do business with you when you use the visitation system. If you do not agree to these Terms, do not use IP Web Visitor™ and exit the Website now.

Use of the System

If you want to visit with an individual incarcerated at one of the correctional facilities that IP Web Visitor™ serves, you first have to set up an account with us. Once you set up an account with us, you will be able to make reservations for visits with incarcerated individuals at the correctional facilities you select. You will pay for such reservations with a credit card, and the reservation fees are nonrefundable (see our Refund Policy). When you make a reservation, you will be given a Reservation Code that you will use to access the Website at the time of the scheduled visitation. All use of the Website is subject to these Terms.

Restrictions on Use / Legal Use of the System

You may not allow anyone else to use your account or your Reservation Code(s) to gain access to the Website or to participate in a visit. You agree to use the Website only for lawful purposes and you further agree, during your visits, you will not discuss topics or engage in behavior which violates or infringes in any way upon the rights of others; which is obscene, threatening, abusive, defamatory, vulgar, pornographic, profane, indecent, invasive of privacy or publicity rights, or which is otherwise objectionable; which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law; or which violates the visitation rules of the correctional facility. We may prohibit or enjoin any conduct or use of the Website that violates these Terms or the policies of a particular correctional facility, and we have the right to deny access to any user for any reason at any time. Notwithstanding the above, we have no obligation to monitor use of the Website, but we reserve the right to do so. Without limiting the foregoing, we reserve the right to terminate your account if the credit card you provide as payment is declined or if the charges are reversed.

Security / Confidentiality

IP Web Visitor™ cannot and does not guarantee or warrant that the information transferred and/or communications made during the video visit will be completely confidential and private or will not be viewed by unauthorized persons. Except for video visits between inmates and certain persons having confidential relationships with such inmates such as clergypersons or attorneys (which will be verified by the correctional facility), correctional facilities may at any time and in their sole discretion monitor and/or record video visits.

As to third parties other than correctional facilities, IP Web Visitor™ employs commercially available security measures and takes reasonable precautions to ensure the privacy of your video visit. However, websites and the internet cannot be absolutely protected against intentional or malicious intrusion attempts. IP Web Visitor™ does not and cannot control the actions of other users or third parties, including those third parties providing services that allow you to access IP Web Visitor™. IP Web Visitor™ does not assume any liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of IP Web Visitor™ and does not assume any liability for loss or damage to your computer systems or networks as a result of your use of IP Web Visitor™.

Warranty

ACCESS TO AND USE OF THE WEBSITE IS "AS IS". IP WEB VISITOR™ MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, ABOUT ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE, OR THAT YOUR ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. WE EXPRESSLY DISCLAIM ALL WARRANTIES REGARDING THE WEBSITE AND ANY SERVICES PROVIDED THROUGH THE WEBSITE AND ANY MATERIAL OR INFORMATION ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARLY PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT YOUR ACCESS TO OR USE OF THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR PROGRAMS.

Assumption of the Risk / Indemnity

YOU EXPRESSLY ACKNOWLEDGE THAT YOU ASSUME ALL RESPONSIBILITY AND RISKS RELATED TO SECURITY, PRIVACY, AND CONFIDENTIALITY INHERENT IN SENDING ANY CONTENT OVER THE INTERNET, AND YOU HEREBY RELEASE AND AGREE TO HOLD IP WEB VISITOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LIABILITY FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE, THAT ARISE OUT OF OR RESULT FROM YOUR ACCESS TO OR USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE VISIT OR THE MONITORING OR RECORDING OF VIDEO VISITS OR ANY USE MADE OF SUCH RECORDINGS.


Limitation of Liability

In no event shall the owners, operators, authors, or copyright holders of the Website be liable for any indirect, special, incidental, liquidated, punitive, consequential, or exemplary damages or lost profits arising out of your access to, use of or inability to use the Website or any services provided through the Website including, without limitation, damages for computer failure or malfunction, or any and all other damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

Copyright / Trademark

The Website and its contents are protected by copyright and trademark laws and is exclusively owned by us. You may not modify, copy, reproduce, republish, download, post, transmit, transfer, sell, or distribute any content or other information or material from this Website in any form, by any means.

Changes

The Website and these Terms can be changed at any time by posting the updated versions to the Website. Your use of the Website after the posting of such modified Terms constitutes your acceptance of these Terms, as revised.

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