Terms of Service

Last Updated: October 6, 2017

Thank you for your interest in Corrio, SPC (“Corrio”), our Corrio Messaging™ aka Voice Freedom Calls™ inmate calling service, and our website located at https://corriospc.org/ (collectively, the “Service”). Your use of the Service is subject to these Terms of Service (the “Terms” or “Agreement”). By using the Service, you agree to be bound by, and use the Service in compliance with, these Terms. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE. The terms “you,” “your,” and “yours” refer to you, the user of the Service. The terms “Corrio,” “we,” “us,” and “our” refer to Corrio, SPC. This agreement exists solely between you and Corrio. We may periodically make changes to these Terms of Service. It is your responsibility to review the most recent version of these Terms of Service frequently and remain informed of any changes to it. You agree that your continued use of the Service after such changes have been published to the Service shall constitute your acceptance of such revised Terms of Service.

Nature of the Service

Corrio Messaging is a local, long-distance, voicemail and text message system. The Service is for inmates, their families, and friends.

Notice for Legal Counsel

IF YOU ARE A USER OF THIS SERVICE, OR IF AN INMATE CONTACTS YOU THROUGH THIS SERVICE, PLEASE BE AWARE THAT ALL CALLS ARE RECORDED. USE OF THIS SERVICE MAY RESULT IN THE WAIVER OF ATTORNEY-CLIENT PRIVILEGE. DO NOT USE THIS SERVICE FOR ATTORNEY-CLIENT PRIVILEGED COMMUNICATION.

License to Use the Service

Subject to these Terms of Service, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service for your personal use and not for resale or further distribution. Except for this license granted to you, we retain all right, title, and interest in and to the Service, including all related intellectual property rights. Corrio is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms of Service or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service.

Inmate Phone Number

The inmate phone number provided by the Service is for personal use only, and no inmate or other user is granted proprietary rights over the phone number. Upon termination or cancellation of the account, users will have no further rights or access to the phone number.

Access and Modifications to the Service

We do not provide you with the equipment to access the Service. Use of the Service requires a dial tone provider. You are responsible for all fees for access to the Service. You are responsible for maintaining the security of the phone number issued to you by the Service. Corrio is not responsible for the loss of your phone number, or misuse/unauthorized use of your phone number by a third party. If an inmate moves from a Corrio supported correctional facility to an unsupported facility, the user must contact Corrio to notify us of the change so that we may attempt to establish the Service with that facility. We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We also reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to the Service at any time, for any or no reason, with or without prior notice, and without liability. You must be 18 or older to register as a user or to use the Service.

Privacy

In connection with your use of the Service, please review the Privacy Policy located at [insert url]. The Privacy Policy is part of and is governed by these Terms, and by accepting these Terms, you agree to be bound by the Privacy Policy.

Restrictions

You must have caller ID enabled to use the Service. You must comply with all applicable laws, including U.S. export control laws, when using the Service. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available by Corrio on the Service (“Content”) or compile or collect any Content as part of a database or other work; (b) rent, lease, or sublicense your access to the Service to another person; (c) use the Service or Content for any purpose except for your own personal use; (d) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or Content.

Prohibited Activities

You may not access or use the Service for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Service in our discretion. These prohibited activities include, without limitation, the following: Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets. Contacting any person or entity not on an inmate’s PAN (Personally Assigned Numbers) list. Advertising to, or solicitation of, any user to buy or sell any products or services. Using the Service for three-way calling. Using the Service for call-forwarding. Using any information obtained from the Service in order to contact, advertise to, solicit or sell any products or services to any user without their prior explicit consent. Engaging in any automated use of the Service, such as using scripts to send comments or messages. Interfering with, disrupting or creating an undue burden on the Service or the networks or services connected to the Service. Attempting to impersonate another user or person. Using the user I.D. or account of another user. Using any information obtained from the Service in order to harass, abuse or harm another person. Accepting payment of anything of value from a third person in exchange for your performance of any commercial activity on or through the Service on behalf of that person. Using the Service in a manner inconsistent with any and all applicable laws and regulations.

Management of the Service

You acknowledge that we reserve the right, but have no obligation, to (1) take appropriate legal action against anyone who, in our sole determination, violates these Terms, including, without limitation, reporting you to law enforcement authorities, (2) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Service, and (3) otherwise manage the Service in a manner designed to protect the rights and property of the Company and users of the Service and to facilitate the proper functioning of the Service.

Monitoring of Calls Made through the Service

You acknowledge and agree that we may, and the correctional facility where an offender is incarcerated may, monitor or record calls as well as obtain the location of your phone when you use the Service, in accordance with the policies in place at the correctional facility where an offender is incarcerated. Furthermore, you acknowledge and agree that we are permitted to share information with correctional facilities as required by law or at our discretion. By accepting these Terms you authorize us, and the applicable correctional facility, to monitor and record calls you make through the Service in accordance with the policies in place at the applicable correctional facility.

Charges for the Service

Fees will apply to your use of certain features of the Service, including any calls that are made through the Service. The fees and charges may vary based on, among other things, the correctional facility where an inmate is incarcerated. We reserve the right to change the fees charged periodically, in our discretion. Users pay fees on a “pay as you go” basis. Refunds for unused fees are at the sole discretion of Corrio. All payments are processed through Stripe. Please review Stripe’s terms of service before initiating payment.

Voicemails

Voicemails recorded by the Service are not deleted while your account is active, however, voicemails may be deleted at Corrio’s discretion following termination or cancellation of the account.

Links and Third Party Content

The Service may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.

Disclaimer of Warranties

YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CORRIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE AND CONTENT, AND YOU RELY ON THE SERVICE AND CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CORRIO OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. CORRIO MAKES NO WARRANTIES WITH RESPECT TO ASPECTS OF THE SERVICE PROVIDED BY THIRD PARTIES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability

CORRIO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CORRIO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE AND CONTENT. UNDER NO CIRCUMSTANCES WILL CORRIO’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@corriospc.org and provide our copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyright infringement on this site can be reached using the contact information below.

Indemnity

You will indemnify and hold Corrio, and its subsidiaries, affiliates, officers, agents, and employees (the “Indemnified Parties”), harmless from any costs, damages, expenses, and liability caused by your use of the Service or Content, your violation of these Terms of Service, or your violation of any rights of a third party through use of the Service or Content.

Data Security

Corrio shall exercise commercially reasonably efforts to prevent unauthorized exposure or disclosure of user data or Content.

Updates to the Service and Terms of Service

We may occasionally update the Service and these Terms of Service. When we do, we will revise the “last updated” date on these Terms of Service. You should check the Service and these Terms of Service frequently to see recent changes. Your continued use of the Service after such changes will be subject to the then-current terms of service. This version of these Terms of Service shall supersede all earlier versions.

Force Majeure

No delay, failure, or default, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond Corrio’s reasonable control.

Legal Notices

Enforcement of these Terms of Service will be governed by Washington law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Service will lie in the State and Federal courts located in King County, Washington, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Corrio to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by Corrio in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

Dispute Resolution

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before one arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Contacting Corrio

If you have any questions or concerns about the Service or these Terms of Service, or if you would like to cancel your account, please contact us by email to support@corriospc.org, or write to us at:

Corrio, SPC
Attn: Legal Department
2620 Bellevue Way NE Ste 175
Bellevue, WA 98004