Effective July 1, 2024
GENERAL TERMS AND CONDITIONS
Introduction
These General Terms and Conditions apply to all products and services provided by LIAM Connect, LLC. These products and services are offered through our website and other means.
When our terms and conditions use the words “we,” “us,” and “our,” we are referencing our company, LIAM Connect, LLC that is providing the product or service. We offer a mail solution product and service to the correctional industry, including incarcerated individuals and their friends and families, and to law enforcement. When our terms and conditions speak of “you” or “your” it means anyone who uses or purchases our product or service.
We currently offer you a singular mail product. Our Product is called LIAM Safe™.
In order to use our Product, you agree to fulfill your responsibilities as provided in these General Terms and Conditions and the applicable Product Terms and Conditions. When using the term
“Customer Agreement”, we mean your agreement to these General Terms and Conditions as well as our Privacy Policy. The “Privacy Policy” is provided here as reference. It is important that you read and understand it as well as the General Terms and Conditions.
We also have additional resources available to answer common questions and to ensure you understand requirements about the use of our Products These resources include our Frequently Asked Questions and other pages accessible on our various website pages.
THESE TERMS INCLUDE A DISPUTE RESOLUTION PROVISION REQUIRING INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT OR INDIVIDUAL ARBITRATION. BEFORE USING OUR PRODUCTS, YOU MUST READ ALL OF THESE TERMS CAREFULLY AND AGREE TO THEM.
Your Responsibilities
You agree that you are bound by the commitments you make to us in exchange for your use of our Products. When you visit our website or use our Products, you make a Customer Agreement. Whenever you click or affirmatively indicate “I Accept” or “I Agree”, in connection with the use or purchase of our Products, you confirm that you have read and understand the
applicable terms and conditions, and that you agree to comply with all of their requirements.
Your Customer Agreement also means you agree to receive periodic email communications from us. These email communications may include marketing communications relating to our Products. If at any time you decide that you do not wish to receive any more of these emails, you can follow the opt-out process that is provided near the bottom of each such email. Following that opt-out process will automatically remove you from those types of communications.
When you provide information to us in connection with using our Products, you agree that you have all necessary permission and authority to provide us that information. This means that when you provide credit card numbers to us, we can assume that you have the proper authority and permission to use those credit card numbers and to incur charges on those accounts.
Our website, apps and Products are not directed to children and are intended for use only by individuals at least 18 years of age.
You agree to carefully review our website and understand all of the terms and conditions that apply to the Products you use and that make up your Customer Agreement.
Changes to Our Terms and Conditions
We reserve the right to change or modify these General Terms and Conditions without any special prior notice to you. We will, however, always post the changed terms on our website. The revised terms will automatically be effective once they are posted, and your continued use of our Products after any changes means you agree to the changes, and they become part of your Customer Agreement. We also reserve the right to change, modify or discontinue, temporarily or permanently, our website (or any portion of our website) at any time without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of our website (or any portion of our website).
Registration, Password, and Security
Your use of our Products may require you to provide certain information to register with us. Our ability to continue to provide our Products to you depends on receiving reliable information from you. Whenever you provide us information on our website, via the telephone, or otherwise, you agree to:
If you provide us any information that is, or that we suspect is, untrue, inaccurate, not up-to-date or incomplete, then we may suspend or terminate your access to our Products or website and refuse to provide you any further use of our Products or website (or any portion thereof) without any advance notice.
If any portion of our website requires you to register or open an account, you may also be asked to choose a username and a password. Please select a password that would not be obvious to
someone trying to guess your password. Also, please change your password regularly as an added precaution. You are responsible for maintaining the confidentiality of your username, password and account information. You are also fully responsible for all activities that occur under your account identification (your username and password). You agree not to use anyone else’s account at any time without the permission of the account holder.
The security of your account is important to us. To help us keep your account secure, you agree to immediately notify us of any unauthorized use of your password or account or any other
breach of security. Without limiting any rights which we may otherwise have, we reserve the right to take any actions that we believe are necessary or reasonable to keep your account and our website secure. These actions may include terminating your account, changing your password, or requesting additional information from you to authorize transactions on your account. You understand and agree that we may rely on the authority of anyone accessing your account or using your password. Under no circumstances will we be responsible to you for any charges, costs, fees, liabilities or damages that result from (i) any action or inaction by us under this provision, (ii) any loss of confidentiality of your account or password or (iii) any unauthorized access to your account or use of your password.
We take safeguarding your personal information seriously. We have implemented commercially reasonable technical and organizational security measures designed to protect personal
information against loss, misuse, and unauthorized access, alteration, disclosure or destruction. We also have implemented measures to maintain the ongoing confidentiality, integrity and
availability of the systems and services that process personal information and will restore the availability and access to data in a timely manner in the event of a physical or technical incident.
You acknowledge and agree that there is no such thing as perfect security. Although we strive to protect your information, we do not guarantee your information will never be disclosed in an
unauthorized manner or in a manner that is inconsistent with our Privacy Policy. If a breach of your personal information occurs, we will notify you promptly, as required by applicable law.
Use of Our Website and Products
The right we give you to access our website and to use our Products is personal to you (it doesn’t extend to anyone else), nonexclusive (we can license theses rights to others), non-assignable (you’re not allowed to assign the right to anyone else), and your use must be consistent with your Customer Agreement. You agree not to use or attempt to use any software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler, or robot) to navigate, search, and/or extract information from our website.
Violating the security and any terms applicable to our website and Products is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and we may involve (and we will cooperate with) law enforcement if a criminal violation is suspected. Examples of security violations include unauthorized access to or use of data or systems, including any attempt to probe, scan, or test the vulnerability of our website or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous re-mailers, and using manual or electronic means to avoid any use limitations.
Creating or maintaining any link from another website or application to any part of our website without our prior written permission is prohibited. Running or displaying our website or any information or material displayed on our website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to our website must comply will all applicable laws, rules, and regulations.
Third-Party Products and Services
We may allow other parties to offer and provide you products and services on our website. The only products and services that we operate, control or endorse are PayPal and the Products that are identified as being supplied by us. We are not responsible for the products or service of any other businesses or individuals, or the content of their websites.
Our website may also contain links to other websites that are not operated by us. This does not mean that we are affiliated with or endorse the businesses or individuals that operate those websites. We provide these links only for your convenience. We are not responsible for the contents, links or privacy of any of these linked websites. Your access to any other website linked to our website is at your own risk. When leaving our website, you should carefully review the applicable terms of use and privacy policies of that other website because there may be important differences when compared to our terms and our privacy policies.
Fixing and Improving Our Websites and Products
We provide our Products using reasonable skill and care. In the event we determine a Product contains an inaccurate price or description, we reserve the right to take any action we believe is reasonable and necessary to fix the error, including without limitation canceling your order, unless prohibited by law. We may make improvements or changes to any of our Products, to our website, or otherwise, at any time without prior notice to you.
You agree to notify us immediately if you become aware of any pricing or descriptive errors or inconsistencies with any of our Products you order through our website and to comply with any corrective action we take to fix such errors or inconsistencies.
Termination / Suspension
You understand and agree that we may immediately and without notice to you terminate or suspend your account, your access to our Products, or your access to all or any part of our website, and that we may immediately and without notice change your password. We may carry out such termination or suspension, in our sole discretion, for any reason and without notice to you, or we may carry out such termination or suspension for specific causes.
Examples of specific causes for termination and suspension of access to our Products or a
change to your password include, but are not limited to:
If your account is terminated or suspended, this may result in any one or more of the following circumstances to occur:
You understand and agree that all terminations and suspensions are made in our sole discretion. We are not liable to you or to any other person for any termination or suspension of your account, loss of storage, any associated e-mail address, or access to our website. Due to a variety of factors, including software and security updates, the data associated with your use of the Products should not be considered safely backed up and we advise you to ensure (to the extent you are able) that you have another copy of messages, documents, or other media that you wish to preserve.
If you stop using our Products for any reason, we’d appreciate knowing why so that we can continue improving our Products.
Limited Warranty and Disclaimers
Our limited warranty to you is that our website and all our Products are provided using reasonable skill and care.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ONLY WARRANTY WE MAKE, OR THAT ANY OF OUR SUPPLIERS, LICENSORS OR OTHER PERSONS MAKE, ABOUT OUR WEBSITE OR ANY OF OUR PRODUCTS ARE (1) STATED IN THE LIMITED WARRANTY ABOVE, AND (2) STATED IN THE PRODUCT-SPECIFIC ADDITIONAL TERMS. EXCEPT FOR THESE LIMITED WARRANTIES, WE DISCLAIM ALL OTHER COMMITMENTS ABOUT OUR PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT). BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
The disclaimer above means that we do not make, and no other person makes, any promise to
you that:
You understand and agree the limited warranty and the disclaimers we make also mean that:
Limitation of Our Liability
IMPORTANT: THIS PROVISION LIMITS YOUR RIGHTS TO RECOVERY. PLEASE READ IT CAREFULLY.
(a) No Consequential or Indirect Damages. IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT OR USE OF OUR PRODUCTS AND SERVICES, REGARDLESS OF (I) WHETHER SUCH DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) Maximum Liability. IN NO EVENT SHALL OUR LIABILITY ARISING OUT OF OR RELATED TO OUR PRODUCTS OR THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNTS YOU PAID TO US PURSUANT TO THIS AGREEMENT.
(c) Exceptions. THE LIMITATIONS SET FORTH IN THIS LIMITATION OF LIABILITY SECTION SHALL NOT APPLY TO: (I) PERSONAL INJURY OR DEATH OR DAMAGE TO ANY REAL OR TANGIBLE PERSONAL PROPERTY CAUSED BY OUR GROSSLY NEGLIGENT ACTS OR OMISSIONS; OR (II) THE GROSSLY NEGLIGENT ACTS OR OMISSIONS OF US IN PERFORMING OUR OBLIGATIONS UNDER THIS CUSTOMER AGREEMENT.
Indemnification
It is important for you to understand that by accessing and using any of our Products, you agree to indemnify (pay for our losses), defend and hold us, and our affiliates and licensors harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to any third-party claim concerning: (a) your use of any of our Products (including any activities under your account); (b) violation of your Customer Agreement; or (c) your violation of any law or the rights of another person. You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third-party subpoena or other compulsory legal order or process associated with third party claims described above at our then-current hourly rates. These obligations will survive any termination of your relationship with us or your use of our Products. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LIAM CONNECT, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST AND ALL THIRD PARTY CLAIMS, ACTIONS, SUITS, OR PROCEEDINGS, AS WELL AS ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF OR ACCRUING FROM (A) YOUR BREACH OF THIS CUSTOMER AGREEMENT; AND (B) YOUR USE OF THE TERMINAL AND THE OTHER LIAM CONNECT SERVICES.
Dispute Resolution & Arbitration Agreement (“Arbitration Agreement”)
THIS AGREEMENT REQUIRES THE USE OF SMALL CLAIMS COURT OR ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
INTERNATIONAL CLAIMS THAT ARE NOT RESOLVE THROUGH INFORMAL DISPUTE RESOLUTION AS OUTLINED BELOW WILL BE RESOLVED BY ARBITRATION ADMINISTERED BY THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION IN ACCORDANCE WITH IS INTERNATIONAL ARBITRATION RULES. SUCH ARBITRATION WILL TAKE PLACE IN SUFFOLK COUNTY, NEW YORK USA WITH A SINGLE ARBITRATOR AND WILL BE CONDUCTED IN THE ENGLISH LANGUAGE.
Definition of Dispute. The term “Dispute” means any dispute, action, claim, or other controversy between you and us, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under law (“Dispute”).
Time Limit for Raising Disputes. As a condition precedent to recovery, all Disputes under this Agreement must be filed in writing or electronically within 12 months of your constructive knowledge that the alleged issue occurred. Further, any demand for arbitration must be filed no later than 12 months after your constructive knowledge that the alleged issue occurred. Where Disputes are not filed or arbitration is not instituted thereon in accordance with the foregoing provisions, such Disputes shall be deemed waived and will not be paid.
Informal Dispute Resolution. Either party asserting a Dispute shall first attempt in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days to respond. Notice to LIAM Connect shall be made by either: (1) mailing a letter via first class or registered mail to LIAM Connect, LLC, Attn: Legal Department, 1700 Artic Avenue, Suite 2, Bohemia, New York 11716, which begins with the words “Notice of Informal Dispute Resolution Attempt;” or (2) by email to legalnotice@liamconnect.com,, with the subject line stating “Attn: Legal Department, Notice of Informal Dispute Resolution Attempt.” Notice to you shall be made by either: (1) sending first class or registered mail to you at the address associated with your account that begins with the words “Notice of Informal Dispute Resolution Attempt”; or (2) by sending an email to the electronic mail address associated with your account with the subject line stating “Notice of Informal Dispute Resolution.” Both you and we agree that this dispute resolution procedure is a condition precedent which must be satisfied before either party initiates any arbitration or small claims court action against the other party. For purposes of clarification, your submission of a complaint in itself is not sufficient to be considered a good faith effort to resolve the dispute in accordance with this paragraph. Additionally, your submission of a complaint or support ticket to us, or any other notice that doesn’t strictly comply
with the notice requirements above, is not considered a good faith effort to resolve the dispute in accordance with this paragraph.
Small Claims Court or Arbitration. Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and we agree that any Dispute between you and us, past, present, or future, and no matter the date of accrual, shall be resolved through an individual small claims court action or through binding individual arbitration, as specified below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights.
Small Claims Court. Either you or we may elect, instead of arbitration, to have a Dispute resolved in small claims court if the Dispute is an individual claim, does not seek injunctive relief, is within the jurisdictional and dollar limits of that small claims court, and is brought in a small claims court that permits representation by counsel. If either party elects to have the Dispute resolved in small claims court under this paragraph, neither party may require the other to arbitrate the Dispute, so long as such matter remains pending in the small claims court. If an arbitration has been initiated, the other party has 30-days to make an election under this paragraph. Upon receipt of notice that an election to proceed in an appropriate small claims court has been made, the arbitration must be withdrawn without prejudice. Notice of such an election to LIAM Connect shall be made by either: (1) mailing a letter via first class or registered mail to LIAM Connect, LLC, Attn: Legal Department, 1700 Artic Avenue, Suite 2, Bohemia, NY
11716 or (2) by email to legalnotice@liamconnect.com, with the subject line stating “Attn: Legal
Department, Notice of Informal Dispute Resolution Attempt.” Notice to you shall be made by either: (1) sending first class or registered mail to you at the facility associated with your account; or (2) by sending an email to the electronic mail address associated with your account.
Waiver of Right to Bring Class Action and Representative Claims. SUBJECT TO THE SMALL CLAIMS COURT EXCEPTION ABOVE, AND CERTAIN EXCEPTIONS LISTED BELOW, ALL DISPUTES, PAST, PRESENT, AND FUTURE, AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. The arbitrator is empowered to resolve the Dispute with the same remedies available in court; however, any relief must be individualized and shall not affect any other customer. We and you also agree that each may bring claims against the other in arbitration only in our respective individual capacities and in so doing we and you hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.
Arbitrability of Certain Disputes. Except as specifically set forth in this section, only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement and this Arbitration Agreement, including whether any dispute falls within its scope. Notwithstanding the above, the scope, validity, effect, and enforceability of this agreement’s waiver of (i) class action lawsuits, (ii) representative or class-wide arbitration, and (iii) private attorney general claims, are to be determined solely and exclusively by the Federal District Court located in the Eastern District of New York or a New York state court in Suffolk and not by any arbitrator. If a lawsuit is filed to enforce these waivers the parties agree that the arbitration shall be immediately stayed, by agreement or court order, until the court case is resolved and all appellate review is exhausted. The cost of proceedings under this section, including, without limitation, each party’s attorneys’ fees and costs, shall be borne by the unsuccessful party. The parties hereby consent to jurisdiction and venue of the Federal District Courts in the Eastern District of New York or New York state court in Suffolk County and waive any objections thereto.
Severability. If a court decides that the waivers or limitations set forth, above, in the Waiver of Right to Bring Class Action and Representative Claims section are invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration. Similarly, if a court determines that the ability to provide public injunctive relief is required by applicable law, the request for such public injunctive relief shall proceed in an individual action in court. Without waiving the right to appeal a court decision triggering this section, should a claim be required to proceed in court under this section, any and all disputes shall proceed in Federal District court located in the Federal District Court located in the Eastern District of New York or a New York state court in Suffolk County and be decided by a judge, sitting without a jury and not as a class action lawsuit. The parties hereby consent to jurisdiction and venue of the Federal District Courts in the Eastern District of New York or New York state court in Suffolk County and waive any objections thereto.
Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the United States Federal Arbitration Act and other applicable federal law of the United States. To the extent U.S. state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, New York law will govern without regard to any other jurisdiction’s choice of law or conflict of law principles, and you agree to the applicability of the governing law set forth in this clause. Except as set forth above in the Severability section, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. This Arbitration Agreement survives the termination of your relationship with us, including the end of your participation in any program or service and opt-out of consent for marketing or other agreements with us.
Our Intellectual Property Rights
All rights, title and interest in and to our website and our Product (including but not limited to the content of, and the Product described in, our website) are our sole property and are protected
by U.S. copyright and international treaties. This includes any Product with the “LIAM” or “LIAM Connect” name, as well as the design logo and certain other names or logos which are service
marks or trademarks of our company, and all related product and service names, design marks and slogans which are also our service marks or trademarks. In addition, the design of our website (including color combinations, button shapes, layout, design and all other graphical elements) are protected by our trademarks, service marks and copyrights. Any third-party product and service marks contained on our website are the trademarks of their respective owners.
Except for the limited permission to use our Product as described by these terms, we reserve for ourselves and our licensors all other rights, title and interest. This means you may not copy (except for limited backup purposes where appropriate), modify, display, sell, or distribute our content or our Product .You may not create any derivative work of our website or our Product. You may not decompile, reverse engineer, or otherwise attempt to derive computer source code, underlying ideas, algorithms, structure, or organization of any of our Products.
Miscellaneous
Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms and shall not affect the validity and enforceability of any remaining provisions. These terms shall be governed and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in New York. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Customer Agreement. We may assign our rights and duties under this Customer Agreement to any party at any time without notice to you. Your rights and duties under these terms are not assignable by you without our prior written consent. These terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our website within one year after it arises. Any section of this Customer Agreement that, to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or earlier termination of this Customer Agreement.
PRODUCT TERMS AND CONDITIONS
When our terms and conditions use the words “we,” “us,” and “our,” we mean the particular company, LIAM Connect, that is providing the product or service. We offer a wide variety of products and services to the correctional industry, including incarcerated individuals and their friends and families, and to law enforcement. When our terms and conditions speak of “you” or “your” it means anyone who uses the products or services that we offer.
We offer several communication products and services. We refer to these products and services as our “Products”. The availability of our Products will depend on whether a particular correctional facility has arrangements with LIAM Connect and whether the policies and regulations of a particular correctional facility allow for use of the specific Product.
Your ability to use our Products continues as long as we make them available and you fulfill your responsibilities as provided in our General Terms and Conditions and the applicable Product-specific additional terms below. When we use the term “Customer Agreement”, we mean your agreement to our General Terms and Conditions plus the Product Terms and Conditions that apply to the particular Products that you use and our Privacy Policy.
LIAM Safe
Introduction
LIAM Safe allows you to send mail, including photos and letters, to an incarcerated individual at a correctional facility where the LIAM Safe system is installed.
You can send photos and letters from your mobile device, tablet or personal computer via our web application at https://liamsafe.com. You must establish an account with LIAM Safe to send
mail through the system and registration is free at https://liamsafe.com.
You will be required to provide us with certain information to use our mail system. We use this information to:
Please refer to our Privacy Policy for information concerning our use of this information.
Proper Use
You understand and agree that you are responsible for your use of LIAM Safe, your own communications, and for any consequences of your use of LIAM Safe. You agree that you will use LIAM Safe in compliance with all applicable local, state, and federal laws, rules and
regulations, as well as the policies, procedures, and restrictions imposed by the applicable facilities. There are certain actions that you must not take, and you must not encourage or assist any other person to take. These prohibited actions include:
If you take any of these prohibited actions, it may result in non-delivery of your correspondence or any attachment, immediate termination of your account without refund, and may subject you
to state and federal penalties and other legal consequences. We reserve the right to investigate your use of LIAM Safe in order to determine whether a violation of your Customer Agreement occurred or to comply with any applicable law, regulation, legal process, or governmental request.
Content of Your Correspondences
You understand and agree that designated persons who work for us and people that work for the correctional facility may access, read, preserve (save), and disclose your LIAM Safe
correspondence and any information in them that our correctional facility customer believes is necessary to:
We are not responsible or liable to you for the exercise or non-exercise of our rights under this Customer Agreement.
You understand and agree that each piece of correspondence and, if applicable, attached media you send will be reviewed, monitored, and preserved by us and the applicable correctional facility, and that you waive any privacy or other confidentiality rights you may have in the contents of your correspondences and, if applicable, attached media. If you are an attorney, you agree you will not use LIAM Safe to transmit any confidential or privileged communications, and (on behalf of yourself and your clients) you waive any claim against us or our facilities for violation of the attorney-client privilege.
Correspondence and their content are retained by us in accordance with our standard correspondence retention policies. Storage of your correspondence may continue even after your account has been terminated. Some of our correctional facility customers may have their own rules and policies pertaining to saving and archiving such correspondence, which may differ from our standard policies. You understand and agree that once a piece of correspondence is deleted pursuant to our retention policies and/or the correctional facility retention policies (if applicable), such deleted correspondence and all its contents will no longer be available, and we will not be able to provide any copy of that correspondence to you. If you have specific questions about the period of time your correspondence may be stored and archived, please contact our customer service center.
Some content that you include in your correspondence that is sent using our Products, such as photos may be protected by intellectual property laws. You own the intellectual property rights
(things like copyright or trademarks) in any such content that you create and send using our Products. Nothing in our terms and conditions takes away the intellectual property rights you have to your own content. However, when you send correspondence that includes content that is covered by intellectual property rights using our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, copy, publicly perform or display, translate, and create derivative works of your content (consistent with our Privacy Policy). This means, for example, that if you send a photo, you give us permission to store, copy, and share it with others (again, consistent with our Privacy Policy) such as correctional facility personnel and law enforcement agencies. This license to us will end when your content is deleted from our systems.
Pricing
Pricing may be found within the LIAM Safe web application (https://liamsafe.com) after sign-up
and are subject to change without any notification to you.
Delivery of Correspondences and Attachments
Your correspondence may be delayed as its content may be pending review and approval by the correctional facility. Under some circumstances, a correctional facility may refuse to deliver
correspondence to an incarcerated individual. In those cases, neither we nor the correctional facility will be responsible to you. If correspondence is sent to an incarcerated individual who was relocated to a different facility, paroled, or discharged, then the correspondence may not be forwarded to the incarcerated individual. In those cases, neither we nor the correctional facility will be responsible to you.
Terminating LIAM Safe
At any time and for any reason (including at the request of the correctional facility), we may terminate LIAM Safe, terminate this Customer Agreement, or terminate your account. Upon termination, your account will be disabled and you may not be granted access to your account or other content contained in your account. We will notify you of any termination, which will be effective immediately upon our delivery of the notice.
For more information, please contact LIAM Connect Customer Service at 1-888-611-5426 or at
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