Effective Date: March 30, 2015
TouchPay Holdings, LLC d/b/a GTL Financial Services, a wholly-owned subsidiary of Global Tel*Link Corporation, is the owner and operator
or use any of the products or services that Global Tel*Link Corporation (“GTL”), or one of its affiliates (individually “Affiliate and
collectively “Affiliates”) provide, including My Phone Account, Offender Trust Fund, Send An Email and Offender Phone Account (the Site
“we”, “us”, or “our”, means GTL, and any Affiliate where the Affiliate or its products or services are implicated.
claims you and we may have against each other are
resolved (see Section R below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require
you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section R(4). Unless you opt-out of
arbitration: (1) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative
action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual
you register to use the Service through the Site or when you are otherwise prompted to do so, you agree to be bound by the terms
days from the date you create the account with us to cancel the account. If you decide that you want to cancel the account
within this thirty (30) day period, please contact our Customer Service team using the information supplied through the
“Contact Us” link on the Site. If you cancel the account we will provide you with a refund of any fees you have paid and not
used in connection with the Service.
C. Eligibility. The Service is intended for individuals who are at least eighteen (18) years old. If you are not at
least eighteen (18) years old, please do not access, visit or use the Service.
D. Your Privacy Rights. In connection with your use of the Service, please review the
Your Privacy Rights statement ("Privacy Statement") in order to understand how we use information
we collect from you when you access, visit or use the Service. The Privacy Statement is part of and is governed by these Terms of
information collected from you in accordance with the Privacy Statement.
E. Registration. As a condition of using certain features of the Service, you may be required to register through the Site
and select a password and user I.D. You may not: (1) select or use as a user I.D. a name of another person with the intent to
impersonate that person; (2) use as a user I.D. a name subject to any rights of a person other than you without appropriate
authorization; or (3) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse
registration of, or to cancel a user I.D., in our sole discretion. You shall be responsible for maintaining the confidentiality
of your user I.D. and password.
F. 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.
- Advertising to, or solicitation of, any user to buy or sell any products or services.
- Transmitting chain letters or junk email to other users.
- 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.
G. Management of the Service. You acknowledge that we reserve the right, but have no obligation, to (1) take appropriate legal
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.
H. Monitoring of Calls and Video Visits Made and Email Sent through the Service. You acknowledge and agree that we may,
and the correctional facility where an offender is incarcerated may, monitor or record calls and video visits as well as
obtain the location of your phone when you use the Service, and read emails sent using the Service, in accordance with the
authorize us, and the applicable correctional facility, to monitor and record calls and video visits you make through the
Service and to read emails you send through the Service in accordance with the policies in place at the applicable
I. Use of the Service. The Service and its contents and the trademarks, service marks and logos contained on the Service,
are the intellectual property of the Company or its licensors and constitute copyrights and other intellectual property rights
of the Company or its licensors under U.S. and foreign laws and international conventions. The Service and its contents are
provided for your informational, personal, non-commercial use only and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the express
written consent of the Company. You agree not to engage in the use, copying or distribution of the Service or of any of its
contents for any commercial purpose. You agree not to circumvent, disable or otherwise interfere with security related features
of the Service. We may, but are not obligated to, periodically provide updates to the Service to resolve bugs or add features
and functionality. You do not acquire any ownership rights to the Service or to any contents contained on the Service. All
with other users of the Service.
J. Termination of Your Use of the Service. We may suspend or terminate your use of the Service if you violate these
notice or liability.
K. 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 offender
is incarcerated. We reserve the right to change the fees charged periodically, in our discretion.
L. Submissions. If you submit opinions, suggestions, feedback, images, documents, and/or proposals to us through the
Service, or through any other communication with us, you acknowledge and agree that: (1) the submissions you provide will
not contain confidential or proprietary information; (2) we are not under any obligation of confidentiality, express or implied,
with respect to the submissions you provide; (3) we shall be entitled to use or disclose (or choose not to use or disclose) the
submissions you provide for any purpose, in any way, in any media worldwide; (4) the submissions you provide will automatically
become the property of the Company without any obligation of the Company to you; and (5) you are not entitled to any compensation
or reimbursement of any kind from the Company in connection with your submissions under any circumstances.
M. Links to Other Websites. The Service may contain links to third-party websites, resources or data. You acknowledge and
agree that the Company is not responsible or liable for: (1) the availability or accuracy of these third-party websites, resources
or data; or (2) the content, products, or services on or available from these websites, resources or data. You also acknowledge that
you are solely responsible for, and assume all risk arising from, the use of any these websites, resources and data. Links to
third party websites on the Service are not intended as endorsements or referrals by the Company of any products, services or
of and your activity on those websites. You should review third-party websites’ terms of service, privacy policies and all other
website documents, and inform yourself of the regulations, policies and practices of third-party websites.
N. Disclaimer of Warranties. THE INFORMATION CONTAINED IN AND PROVIDED THROUGH THE SERVICE, INCLUDING TEXT, GRAPHICS, LINKS,
OR OTHER ITEMS, IS PROVIDED "AS IS". NEITHER THE COMPANY NOR ITS SUPPLIERS WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR
TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ACCESSED ON OR THROUGH THE SERVICE AND THE COMPANY EXPRESSLY
DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THE SERVICE. NO WARRANTY OF
ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH ANY INFORMATION, MATERIALS, OR
SERVICES PROVIDED THROUGH THE SERVICE.
O. Limitation of Liability. IN NO EVENT SHALL THE COMPANY OR ITS THIRD PARTY SUPPLIERS BE LIABLE FOR ANY DAMAGES, LOSSES
OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES,
LOSSES OR EXPENSES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR RELIANCE ON OR
USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH THE SERVICE, OR IN CONNECTION WITH ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM
FAILURE, EVEN IF THE COMPANY OR ITS THIRD PARTY SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
P. Unauthorized Transactions. In the event that you use a credit card to pay for any products or services offered through
the Site, you are representing to the Company that you are authorized to use that credit card.
Q. Indemnification. You agree to defend, indemnify and hold the Company harmless from and against any and all claims,
damages, and costs including attorneys’ fees, arising from or related to your use of the Service.
R. Dispute Resolution.
1. Arbitration. The parties shall use their best efforts to settle any dispute,
claim, question, or disagreement
directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or
the Service shall be finally settled by binding arbitration, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising
would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a
judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit,
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They
further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery
may be more limited in arbitration than in court.
2. Class Action Waiver. The parties further agree that any arbitration shall be conducted
in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their
right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver
set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the
arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed
to arbitrate disputes.
3. Exception - Litigation of Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes
through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s
4. Thirty Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver
provisions set forth this Section by sending written notice of your decision to opt-out to the following address: c/o Global Tel*Link
Corporation, 12021 Sunset Hills Road, Reston, Virginia 20190, Attn: Arbitration Opt-Out. The notice must be sent within thirty (30)
forth above. If you elect to opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to
opt-out of these arbitration provisions, we may terminate your use of the Service. If we terminate your use of the Service, we will
provide you with a refund of any fees you have paid and have not been used in connection with the Service.
connection with the Service.
speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of the
Company or anyone else purporting to act on our behalf.
V. Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of these
W. Non-Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver
of any further rights hereunder.
X. Force Majeure. The Company shall not be liable for any failure to perform its obligations hereunder where the failure
results from any cause beyond the Company’s reasonable control, including, without limitation, any mechanical, electronic or
communications failure or degradation.
otherwise remain in full force and effect and enforceable.
postal mail at c/o Global Tel*Link Corporation, 12021 Sunset Hills Road, Suite 100, Reston, Virginia 20190, Attn: Legal Department.
If you have any questions regarding the Service or your account, or if you would like to cancel your account, please contact our
Customer Service team using the information supplied through the “Contact Us” link on the Site.