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© Securus Technologies, Inc. - Proprietary & Confidential Securus Technologies, Inc. | 70
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<br />5. INTELLECTUAL PROPERTY RIGHTS. You acknowledge that Securus owns all right, title and interest in and to the Service
<br />(including, without limitation, all intellectual property rights) (the "Securus Rights"), and the Securus Rights are protected by
<br />U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or
<br />create derivative works from the Service. The Securus Rights include rights to (a) the Service developed and provided by
<br />Securus; and (b) all software associated with the Service.
<br />6. REFUNDS. All postage is non-refundable. Unused postage will not be refunded. If the Client refuse to distribute a message or
<br />attachment to or from an inmate, then no refund or replacement postage will be given.
<br />7. LIABILITY. Under some circumstances, a Client may refuse to distribute a message or attachment to or from an inmate. In
<br />those cases, neither Securus nor the Client will be responsible to you. If a message is sent to an inmate who was relocated to
<br />a community correction facility, paroled, or discharged; then the message may not be distributed to the inmate. In those cases,
<br />neither Securus nor the Client will be responsible to you.
<br />8. TERMINATION. You may terminate your use of the Service with or without cause at any time by providing written notice to
<br />Securus at the following address: 4000 International Parkway, Carrollton, Texas 75007 or via securus.custhelp.com/app/ask.
<br />Securus may at any time and for any reason, without prior notice, terminate the Service, terminate these Terms of Service, or
<br />terminate your account. Upon termination, your account will be disabled and you may not be granted access to your account or
<br />other content contained in your account. Securus will notify you of any termination, which will be effective immediately upon
<br />Securus' delivery of the notice. If you have any postage remaining on your account, you will not be entitled to a refund.
<br />Sections 3, 4, 5, 11 and 12 of these Terms of Service survive any termination.
<br />9. EXPIRATION. Depending on Client requirements, postage may or may not expire. You are responsible for using all postage
<br />before the specified expiration date (if applicable). There are no refunds for expired postage.
<br />10. NOTICE TO SECURUS. Notice to Securus must be sent to Securus Technologies, Inc., 4000 International Parkway,
<br />Carrollton, Texas 75007.
<br />11. GOVERNING LAW. These Terms of Service and the rights of the parties hereunder will be governed by and construed in
<br />accordance with the laws of the State of Texas, exclusive of conflict or choice of law rules.
<br />12. DISPUTE RESOLUTION.
<br />a. Any dispute, claim or controversy among the parties arising out of or relating to these Terms of Service or the
<br />Service (a "Dispute") will be finally resolved by and through binding arbitration administered by JAMS or the
<br />American Arbitration Association (“AAA”) pursuant to their respective arbitration rules (the “Rules”), provided that
<br />failure to adhere to any of the time limits set forth in the Rules will not be a basis for challenging the award. Both (i)
<br />the foregoing agreement of the parties to arbitrate any and all Disputes; and (b) the results, determinations,
<br />findings, judgments, and awards rendered through any arbitration, will be final and binding on the parties and may
<br />be specifically enforced by legal proceedings in any court of competent jurisdiction.
<br />b. The arbitration will be conducted by three arbitrators. Each party will select one arbitrator within 30 days of
<br />commencement of the arbitration. If any party fails to select an arbitrator, then (upon request of any party) JAMS or
<br />the AAA will appoint the arbitrator. JAMS or the AAA will appoint the third arbitrator, who will serve as Chairperson
<br />of the arbitral panel. The arbitrators must apply the terms of this Section 12 (including, without limitation, the waiver
<br />of class-wide arbitration set forth below).
<br />c. The place of arbitration will be Dallas, Texas.
<br />d. The cost of the arbitration proceeding (including, without limitation, each party's attorneys' fees and costs) will be
<br />borne by the unsuccessful party or( at the discretion of the arbitrators) may be prorated between the parties in
<br />whatever proportion the arbitrators determine to be equitable and will be awarded as part of the award.
<br />e. The arbitration provisions set forth in this Section 12, and any arbitration conducted pursuant to this Section 12, will
<br />be governed exclusively by the Federal Arbitration Act, Title 9 United States Code, to the exclusion of any state or
<br />municipal law of arbitration.
<br />f. WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION: ALL DISPUTES, REGARDLESS OF
<br />THE DATE OF ACCRUAL OF THE DISPUTE, WILL BE ARBITRATED ON AN INDIVIDUAL BASIS. YOU ARE
<br />WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY
<br />AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU AND SECURUS AGREE THAT THE
<br />ARBITRATORS (I) HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO
<br />CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND (II) ARE ONLY AUTHORIZED TO RESOLVE
<br />THE INDIVIDUAL DISPUTES BETWEEN YOU AND SECURUS ALONE. FURTHER, YOU WILL NOT HAVE THE
<br />RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY
<br />DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE
<br />CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
<br />g. ANY CHALLENGE TO THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE WAIVER OF CLASS ACTION
<br />LAWSUIT AND CLASS-WIDE ARBITRATION IN SECTION 12(F) WILL BE DETERMINED SOLELY AND
<br />EXCLUSIVELY BY THE FEDERAL DISTRICT COURT LOCATED IN THE NORTHERN DISTRICT OF TEXAS OR
<br />THE TEXAS STATE COURT IN DENTON COUNTY AND NOT BY JAMS, AAA, OR ANY ARBITRATOR.
<br />WITHOUT WAIVING THE RIGHT TO APPEAL THE DECISION, IF ANY PORTION OF SECTION 12(F) IS
<br />STRICKEN FROM THIS SECTION 12 OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN (I)
<br />THIS ENTIRE SECTION 12 (OTHER THAN THIS SENTENCE) WILL BE STRICKEN FROM THIS AGREEMENT
<br />AND INAPPLICABLE, AND (II) ANY AND ALL DISPUTES WILL PROCEED IN THE FEDERAL DISTRICT COURT
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