Terms and Conditions of Use

Last Updated: February 7, 2013

INTRODUCTION

Swanson Services Corporation/Keefe Commissary Network, LLC d/b/a Access Corrections and/or its related companies ("Access Corrections") provide this website ("Site") or Kiosk for your use. Access Corrections provides the Site or Kiosk subject to these Terms and Conditions of Use and all applicable laws and regulations. By accessing and/or using the Site or Kiosk, you fully and unconditionally accept and agree to be bound by these Terms and Conditions of Use. Access Corrections reserves the right at its discretion to change these Terms and Conditions of Use with or without notice. Your continued use following the posting of any changes to these Terms and Conditions of Use constitutes your acceptance of those changes.

USE OF THE SITE OR KIOSK

Access Corrections maintains the Site or Kiosk for your non-commercial personal use. Your use of the Site or Kiosk for any other purpose is permissible only upon the express prior written consent of Access Corrections. Without limiting the foregoing, you may not: (1) use the Site or Kiosk in a commercial manner, including by distributing, transmitting or publishing the Site, Kiosk or any of their content; (2) interfere with others’ use of the Site or Kiosk; (3) impair the Site’s or Kiosk’s operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with Access Corrections’ intellectual property rights; (5) frame or otherwise co-brand the Site or Kiosk or any of its content; (6) deep-link to any portion of the Site or Kiosk; or (7) use the Site or Kiosk for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site or Kiosk, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.

SITE OR KIOSK MODIFICATIONS

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site or Kiosk at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

PRIVACY POLICY

Access Corrections takes your privacy seriously. Please review our Privacy Policy, the terms of which are incorporated into these Terms and Conditions of Use.

LINKS TO OTHER SITES

The Site may include links to third-party Websites. Access Corrections does not control and is not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it.

ELECTRONIC COMMUNICATIONS

By using the Site, Kiosk or sending us an e-mail, you consent to receiving electronic communications and notices from Access Corrections. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY

Copyright. All copyrightable text, graphics, logos, sound, downloads, software, button icons, other material and the overall design of the Site or Kiosk (collectively, the "Content") included in or made available through the Site or Kiosk, is copyrighted by Access Corrections or our content suppliers and is protected by United States or international copyright laws. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have prior written permission.

Notice and Procedure for Making Claims of Copyright Infringement. Access Corrections respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Access Corrections’ Legal Department at TKC Holdings, Inc., Intellectual Property Questions, 1260 Andes Boulevard, St. Louis, Missouri, 63132 . Please include: (1) a physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site or Kiosk; (4) your address, telephone number, and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.

Trademarks. ACCESS CORRECTIONS, ACCESS SECURE DEPOSIT, and ACCESS SECURE MAIL are included in the family of trademarks and service marks owned by Access Corrections in the United States and other countries (this is not an all-inclusive list of Access Corrections’ trademarks and service marks). Access Corrections’ trademarks and service marks may not be used in connection with any product or service that is not Access Corrections’ in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Access Corrections, or without our prior written permission. All other trademarks not owned by Access Corrections that appear on the Site or Kiosk are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Access Corrections.

YOUR ACCOUNT

If you use the Site or Kiosk, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site or Kiosk only with involvement of a parent or guardian. Access Corrections reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

USE OF INFORMATION SUBMITTED

To help the government fight the funding of terrorism and money laundering activities, Federal law requires us to obtain, verify and record information that identifies each person who engages in financial services with Keefe Commissary Network, L.L.C. We will ask for your name, address and other information that will allow us to identify you in conducting this transaction. Further, when making a deposit via a Kiosk, you consent to the Kiosk capturing a photo record of you.

You agree that Access Corrections is free to use any comments, information or ideas contained in any communication you may send to us without compensation, acknowledgment or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services, or modifying or improving the Site, Kiosk or other products or services.

Access Corrections reserves the right to verify the billing information provided subsequent to your clicking "Accept Charges" and prior to the funds reaching your recipient’s account. As part of this process you may be contacted by our staff.

Please be aware that if you are selected for our verification process and you do not respond to the phone requests made by our personnel your transaction may be canceled at our discretion. In the event of a cancellation your credit card will receive a full refund for the amount you attempted to send through Access Corrections.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE OR KIOSK IS PROVIDED BY ACCESS CORRECTIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCESS CORRECTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR KIOSK OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE OR KIOSK. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE OR KIOSK IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL AND PAYMENT INFORMATION THAT YOU PROVIDE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACCESS CORRECTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACCESS CORRECTIONS DOES NOT WARRANT THAT THIS SITE OR KIOSK, ITS SERVICES OR E-MAIL SENT FROM ACCESS CORRECTIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ACCESS CORRECTIONS (AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND STOCKHOLDERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR KIOSK, ANY CREDIT CARD COMPANY'S NON-AUTHORIZATION OF A USER'S BANK CARD PAYMENT, FOR DISRUPTIONS IN SERVICE ON THIS SITE OR KIOSK, OR FOR ERROR, DELAY OR MIS-DELIVERY OF A PAYMENT, REGARDLESS OF THE CAUSE, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNITY

You agree to indemnify and hold Access Corrections and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or Kiosk or your violation of any law or the rights of any person.

DISPUTES

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Missouri, United States of America, without regard to its conflict of law principles. Any action to enforce these Terms and Conditions of Use shall be brought in the federal court in the Eastern District of Missouri or the state courts located in St. Louis County, Missouri. By using the Site or Kiosk, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site or Kiosk shall be resolved individually, without resort to any form of class action. Any claim or cause of action you may have with respect to the Site or Kiosk must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary.

GENERAL

If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms and Conditions of Use shall not constitute a waiver of that or any other provision. These Terms and Conditions of Use and the User Agreement, incorporated herein by this reference, set forth the entire agreement between you and Access Corrections in connection with your use of the Site or Kiosk.

CONTACT US

If you have any questions regarding these Terms and Conditions of Use, please contact us at customerservice@accesscorrections.com.

USER AGREEMENT

Note: Swanson Services Corporation/Keefe Commissary Network, LLC d/b/a Access Corrections ("Access Corrections") reserves the right at its discretion to change the terms of this User Agreement with or without notice. Your continued use of the Access Corrections website, Access Secure Deposit kiosk, Access Secure Deposit by phone, Access Secure Mail or any other Access Corrections service shall constitute your explicit agreement with the then current User Agreement and any other document referenced by the User Agreement.

USER AGREEMENT

This User Agreement ("Agreement") is a contract between you and Access Corrections and applies to your use of the Access Corrections inmate deposit service, secure mail and any other related services (collectively the "Service"). This Agreement affects your rights and you should read it carefully. For additional information about the Service and how it works, please consult the Access Corrections website at http://www.accesscorrections.com or contact an Access Corrections customer service representative at customerservice@accesscorrections.com or 1-866-345-1884.

NOTICE

By clicking "I Agree", "I Accept", or other similar text; or by submitting payment information through the Service you agree to the terms and conditions of this Agreement, the Access Corrections Privacy Policy, the Access Corrections Terms and Conditions of Use, and any documents incorporated by reference. You further agree that this Agreement forms a legally binding contract between you and Access Corrections, and that this Agreement constitutes a writing signed by you under any applicable law or regulation. Any rights not expressly granted herein are reserved by Access Corrections. This Agreement is subject to change by Access Corrections without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the Access Corrections website. In this Agreement, "You", " "User" or "Customer" means any person or entity using the Service.

THE ACCESS CORRECTIONS SERVICE

An Access Corrections User may send funds (the "Payment") to an Access Corrections Client (i.e. the correctional institution receiving funds on behalf of the inmate) in the United States over the Internet using a U.S. issued Visa or MasterCard credit card, or a Visa or MasterCard branded debit card (collectively "Bank Card"). Correctional facility staff has the authority to review, approve and reject all incoming payments. An Access Corrections Secure Mail User may send messages (the "Email") to an Access Corrections Client (i.e. the correctional institution receiving electronic messages on behalf of the inmate) in the United States over the Internet using a U.S. issued Visa or MasterCard credit card, or a Visa or MasterCard branded debit card (collectively "Bank Card"). Correctional facility staff has the authority to review, approve and reject all incoming messages. When required by applicable law, payments will be reported to federal, state or local authorities. You will be required to provide Access Corrections with certain information to allow us, among other things: to verify your identity; to receive appropriate Bank Card authorization; and any other information Client shall require to send the Payment or Mail . Please refer to Access Corrections Privacy Policy for information concerning Access Corrections use of this information.

FACILITY ACCESS

User must agree that the correctional facility staff has the authority to review, approve and reject all incoming payments and emails delivered by Access Corrections. If facility staff deems an email inappropriate it will reject delivery of the email to the designated inmate. No refunds will be given for emails deemed inappropriate by facility staff. All users of Access Corrections must be aware that all information, including but not limited to, payment, email, name and address is accessible by facility staff for review and approval. All users of Access Corrections acknowledge that correctional facility staff has the approval to use any and all information transmitted through Access Corrections for investigative and legal purposes. Information transmitted through Access Corrections can be used and distributed by personnel involved in the correctional industry, investigative (public and private) or public safety purposes, specifically the Department of Homeland Security and any other anti-terrorist agency (collectively "Law Enforcement")

Oregon Department of Corrections Users

The Oregon Department of Corrections restricts the contents of incoming and outgoing messages to inmates. Language that is sexually explicit is forbidden and will result in rejection of your message. Material that might cause a security concern or program concern is forbidden and will be rejected. Photographs displaying human genitalia or photographs capturing or promoting criminal activity will be rejected. These restrictions are based on criteria found in the Oregon Administrative Rule, Division 291-131, Rule on Mail (Inmate). You may find the Mail Rule by visiting the Oregon Department of Corrections website.

FEES

In consideration for the use of the Service, you agree to pay Access Corrections a fee for each Payment or Email sent by you at the applicable rate then in effect (the "Service Fee"). The applicable Service Fee for your Payment will be provided to you prior to your final authorization of the Payment, in addition to any applicable fees for additional services. All Service Fees are non-refundable.

PAYMENT

Service Fees and the Payment amount are due and payable before Access Corrections processes the Payment or sends the Email . You must pay for the Service by Bank Card. If Access Corrections does not receive authorization from the card issuer, the Payment will not be processed and funds will not be transmitted to the Client and/or email credits will not be received . Each time you use the Service you agree that Access Corrections is authorized to charge your designated Bank Card account for the principal Payment amount, the Service Fee, and any other applicable fees. (Your agreement with your card issuer governs use of your card, and you must refer to that agreement to ascertain your rights and liabilities as a cardholder, which may include a "cash advance" fee.)

DISPUTES

This User Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, United States of America, without regard to its conflict of law principles. Any action to enforce this User Agreement shall be brought in the federal court in the Eastern District of Missouri or the state courts located in St. Louis County, Missouri. By using the Service, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site shall be resolved individually, without resort to any form of class action. Any claim or cause of action you may have with respect to the User Agreement must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary.

GENERAL

If any provision of this User Agreement is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of this User Agreement shall not constitute a waiver of that or any other provision. This User Agreement and the documents incorporated by reference, sets forth the entire agreement between you and Access Corrections in connection with your use of the Site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE OR KIOSK IS PROVIDED BY ACCESS CORRECTIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCESS CORRECTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR KIOSK OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE OR KIOSK. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE OR KIOSK IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL AND PAYMENT INFORMATION THAT YOU PROVIDE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACCESS CORRECTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACCESS CORRECTIONS DOES NOT WARRANT THAT THIS SITE OR KIOSK, ITS SERVICES OR E-MAIL SENT FROM ACCESS CORRECTIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ACCESS CORRECTIONS (AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND STOCKHOLDERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR KIOSK, ANY CREDIT CARD COMPANY'S NON-AUTHORIZATION OF A USER'S BANK CARD PAYMENT, FOR DISRUPTIONS IN SERVICE ON THIS SITE OR KIOSK, OR FOR ERROR, DELAY OR MIS-DELIVERY OF A PAYMENT, REGARDLESS OF THE CAUSE, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.