Terms & Conditions of Use

WELCOME TO Mobile Voice Messaging! These Terms constitute a legal "Agreement"; please read them carefully.

By utilizing the Mobile Voice Messaging service, you (1) represent that you are at least 18 years of age and (2) agree to be bound by these Terms.

In these Terms, "you" and "your" refer to each customer and his or her agents, and "we", "us" and "our" refer to "Mobile Voice Messaging" or "4MVM.net". These Terms explain our obligations to you, and your obligations to us, in relation to the Mobile Voice Messaging service. We reserve the right to modify these Terms at any time. Changes to these Terms will be posted in a revised version of these Terms on our website at www.mobilevoicemessaging.com. Your continued use of the Mobile Voice Messaging service after any change to these Terms shall evidence your acceptance of the changes to these Terms.

1. Description of Mobile Voice Messaging Service

Mobile Voice Messaging is a service whereby the inmate at a supported correctional facility sends a text message to the called party at the called party's mobile phone number. You will receive one (1) text message each time an inmate chooses to send you one. Such text message notifies the called party that the inmate has left the called party a voice message and provides the called party with a link to a website to be able to pay to listen to, and ultimately listen to, the voice message. Upon receipt of the text message and the called party clicking the provided URL, the called party will be provided information regarding the length of the voice message, the correctional facility the inmate called from and the total cost (including taxes) that the called party is required to pay to be able to listen to the voice message. The called party can pay to listen to the voice message with a major credit/debit card (major credit/debit cards accepted for payment are subject to change from time to time) or with funds from a Securus AdvanceConnect ™ account. The message recipient has a limited amount of time to purchase the voice message, otherwise the URL will expire and the recipient will no longer have the ability to pay for or listen to the voice message. After paying to be able to listen to the voice message, the recipient will be provided with the ability to listen to such voice message for a limited amount of time from date of purchase as indicated when the message was purchased.

2. Pricing of Mobile Voice Messaging

The price to purchase each voice message is based on transaction and usage fees at the originating site, as well as applicable taxes. This price will be displayed to the called party on the payment page prior to the called party's making payment to purchase the voice message.

3. Registration and Access to Mobile Voice Messaging Service

In order to use the Mobile Voice Messaging service, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Mobile Voice Messaging service available, and pay any service fees associated with any such access (including, but not limited to, any text messaging fees and data usage fees in connection with your access to and use of the Mobile Voice Messaging service). Message and data rates may apply in connection with your receipt of text messages from the inmate or your otherwise utilizing the Mobile Voice Messaging service. The following carriers are participating carriers: AT&T, Sprint, T-Mobile, Verizon, Bluegrass Cellular, Cellular One of East Central Illinois (ECIT), Copper Valley, GCI Communications, Illinois Valley Cellular, Immix Wireless, Inland Cellular, MTPCS Cellular One, Nex Tech Communications, SRT, Thumb Cellular, Union Wireless, Viaero Wireless and West Central Wireless. In addition, you must provide all equipment and software necessary to connect to the Mobile Voice Messaging service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Mobile Voice Messaging service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Mobile Voice Messaging's operations. Any equipment or software causing interference shall be immediately disconnected from the Mobile Voice Messaging service and shall have the right to immediately terminate your use of the Mobile Voice Messaging service as more fully set forth in Section 8 of these Terms. If any upgrade in or to the Mobile Voice Messaging service requires changes in your equipment or software, you must effect these changes at your own expense to continue to be able to use the Mobile Voice Messaging service. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current service, including the release of new products and services, shall be subject to these Terms.

If we have reasonable grounds to suspect that information entered by the called party when paying to listen to the voice message is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Mobile Voice Messaging service (or any portion thereof) as more fully set forth in Section 8 of these Terms. You acknowledge and agree that we may rely on your information to send you important information and notices regarding your account and the Mobile Voice Messaging service. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate information, including, but not limited to, your failure to receive critical information about the Mobile Voice Messaging service or your account. You further agree that we (ourselves or through third party service providers) are authorized to verify the information provided by you.

4. Privacy

Refer to Privacy Policy

5. Indemnification

You agree to release, indemnify, defend and hold harmless us, our parent company, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and successors and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with (a) your use of the Mobile Voice Messaging service, and (b) the breach by you of your representations and warranties or agreements set forth herein.

6. Disclaimer of Warranties and Limitation of Liabilities

You understand and agree that your use of the Mobile Voice Messaging service is solely at your own risk and that you will be solely responsible for any damage to your mobile device or loss of data that may result from your use. You agree that the Mobile Voice Messaging service is provided on an "as is," and "as available" basis, except as otherwise noted in these Terms, including, but not limited to, the fact that messages may be delayed or undelivered for various factors. Our client, us, carriers (including, but not limited to, T-Mobile) and any service providers utilized by us to send messages on behalf of the inmate requesting such a message be sent are not liable for delayed or undelivered messages. You acknowledge and agree that we shall have no liability to you, or to any third party, for any modification, suspension, discontinuance or termination of the Mobile Voice Messaging service, or any part thereof. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties that the Mobile Voice Messaging service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free. No advice or information, whether oral or written, obtained by you from us or through the Mobile Voice Messaging service shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. Except in jurisdictions where such provisions are restricted, you agree that our entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the Mobile Voice Messaging service provided under these Terms and / or for any breach by us of these Terms is solely limited to the amount you paid for the Mobile Voice Messaging service. Except in jurisdictions where such provisions are restricted, we, our licensors, and contractors (including any third parties providing all or part of the Mobile Voice Messaging service) shall not be liable for any indirect, incidental, special or consequential damages even if we have been advised of the possibility of such damages. To the extent that a state does not permit the exclusion or limitation of liability as set forth herein our liability is limited to the maximum extent permitted by law in such state.

7. Intellectual Property Rights

Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Mobile Voice Messaging service ("Company Intellectual Property Rights") are owned by us or our licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. You acknowledge that no title to the Company Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Mobile Voice Messaging service, other than the rights expressly granted in these Terms.

8. Termination and Cancellation of Services

If you no longer wish to receive text messages from the Mobile Voice Messaging service from an inmate(s) at a correctional facility(ies), text STOP to 33297 or for customer service support information call 844-777-0710. Please note, you will no longer receive text message notifications from an inmate(s) at a correctional facility(ies) that such inmate(s) has left you a voice message or be able to pay for any such voice message using your credit/debit card. You agree that we, at our sole discretion, may at any time terminate your use of the Mobile Voice Messaging service, change the content offering made available through the Mobile Voice Messaging service, modify, suspend, discontinue or permanently cancel the Mobile Voice Messaging service, or portions thereof, with or without notice to you, for any reason, including if we believe that you have violated or acted inconsistently with these Terms. You agree that upon termination of your access to the Mobile Voice Messaging service under any provision of these Terms, we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Mobile Voice Messaging service. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Mobile Voice Messaging service.

9. Miscellaneous Provisions

(a) Notices And Announcements

Except as expressly provided otherwise herein, all notices to us shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
Mobile Voice Messaging
750 Park of Commerce, Suite #400
Boca Raton, Florida 33487

We shall serve notices related to these Terms by posting them on the Mobile Voice Messaging service website or by sending them to the postal address or email address you have given to us or as a text message to your mobile telephone number associated with your account.

Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Mobile Voice Messaging service website or sent by email or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

(b) Severability

You agree that the provisions of these Terms are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of these Terms; these Terms will be deemed amended to the extent necessary to make these Terms enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

(c) Entire Agreement

You agree that these Terms constitute the entire, complete and exclusive agreement between you and us regarding the Mobile Voice Messaging service and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.

(d) Assignment and Resale

Except as otherwise set forth herein, your rights under these Terms are not assignable or transferable. You agree not to resell the Mobile Voice Messaging service or any portion thereof. You agree that you may not record, transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Mobile Voice Messaging service. You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Mobile Voice Messaging service.

(e) Governing Law; Venue; Waiver of Jury Trial

These Terms and any disputes hereunder (including in connection with your use of the Mobile Voice Messaging service) shall be governed in all respects by and construed in accordance with the laws of the State of Florida, United States of America, excluding its conflict of laws rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the Federal and state courts in Palm Beach County, Florida for any disputes between us under or arising out of these Terms (including in connection with your use of the Mobile Voice Messaging service). The parties hereby waive any right to jury trial with respect to any action brought in connection with these Terms (including in connection with your use of the Mobile Voice Messaging service). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

(f) Waiver

No waiver of any provision of these Terms shall be effective unless it is in writing and signed by one of our authorized representatives. Our remedies under these Terms shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Our failure, at any time or from time to time, to require performance of any of your obligations hereunder shall not affect our right to enforce any provision of these Terms at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

(g) Headings

The section headings appearing in these Terms are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

(h) Third Party Products and Services

We may make available or provide access to products and services or independent third parties either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that we shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties.