Terms of Service

1.0 Introduction

Terms of use of Service, hereinafter referred to as ("Agreement" "terms") constitute the entire Agreement between Open Efforts Corporation, hereinafter referred to as ("Open Efforts Corporation" "Open Efforts" "OE" "OE Virtual Services" "we" "us" or "our") and the user of Open Efforts Corporation's communication services, hereinafter referred to as ("Subscriber" "buyer" "user" "you" or "you’re") with respect to Open Efforts Corporation's services provided to the client, hereinafter referred to as (“client” “inmate” “your loved one” “your person” “end user”) through any and all methods of which the service is provided and/or by communicating with a Customer Service Representative. By making a payment for the client’s account, you acknowledge having read and accepted the terms and conditions provided herein. It is the Subscriber's responsibility to review the terms clearly posted on the company website and stay aware of any changes made. Open Efforts Corporation does not use paper for "statements" or "Terms and Conditions of Service". Our terms are permanently posted on our website; however, we may on occasion opt to email or post mail the terms and conditions to our customer base. We reserve the right to modify this Agreement at any time. Such modifications shall be effective upon posting on our website. By making a payment for the "Service", including any such future modifications, Subscriber agrees to be bound by this and any subsequent revision of Agreement posted on our website at https://www.openefforts.com/terms

1.1 Non-Refundable

Our service is a gateway between the inmate's Trulincs system and the outside world. It stands ready to connect them 24 hours a day, 7 days a week. If at any time our service is down for any reason, they will be given credit for that time at our sole discretion.

At any given time, the inmate may not be able to use our service because their access to the Trulincs system has been restricted for some reason, such as Corrlinks being offline, lack of funds on the inmate’s Trulincs account, institutional lockdown, transfer, loss of privileges, zombie apocalypse, or even the inmate being specifically banned from using our service by the institution.

By depositing money into their account with us, you specifically acknowledge that:

• We are upholding our obligation by making our service available, even if the inmate is unable to use it for any reason.
• Once you deposit the money with us it becomes a gift to the inmate.
• We cannot issue a refund for any amounts that have been applied to their account.
• On request, we may be able to gift an available balance that remains in their account, and that has not been applied to any service, to another inmate’s account on our service.

Thus, there are NO REFUNDS sent back to the buyer.

Should you have any concerns regarding your loved one's account, please submit a support ticket using our Help Desk available from the Support link in the menu on this page.

1.2 Subscriptions & Recurring Payments

We do not manage or cancel subscriptions. That is your sole responsibility. According to PayPal's site the following steps can be taken to cancel automatic payments from coming out of your account in the future. Use the following steps to cancel a billing agreement, automatic recurring payment or subscription:

• Login yo your PayPal account
• Click Settings at the top of the page
• Click Payments
• Click Manage pre-approved payments
• Select the merchant's name or email address
• Click Cancel

Click here for More information

2.0 Service

Upon payment for Service, Open Efforts Corporation will hereby assign to the client an individual nonexclusive, non-transferable, revocable license to access and use the Open Efforts Corporation service(s), for non-commercial use. Subscriber and Client shall have no right to sell, resell, duplicate, copy, distribute, or exploit for commercial purposes any portion, access, or use of the Open Efforts Corporation service(s); nor make any claim of such right. Unless stated otherwise, any new features provided by us that can enhance the current Open Efforts Corporation service(s) shall also be subject to these terms and conditions.

Open Efforts Corporation is not liable for any communications, information, content, and/or materials that Subscriber and/or Client submits to the service and Subscriber and/or Client assumes all such responsibility and liability. Open Efforts Corporation shall have no responsibility for the transmission or deletion of Subscriber or Client Content. Open Efforts Corporation has the right to restrict termination to any telephone numbers at its sole discretion. Subscriber or Client is required to prepay all uses of this service.

Subscriber and Client also agree not to use service for any unlawful or abusive purpose or in such a way that it creates damage to the services' reputation, employees, facilities, third parties, or to the public in general. It is the Subscriber's responsibility to know the rules of the inmate’s facility where he/she is incarcerated. Subscriber agrees to abide by any telecommunication rules associated with a Federal, State, or Local prison facility and understands that a violation of these rules may result in the loss or suspension of this service. Open Efforts Corporation is not liable if an inmate's location changes its email/messaging policy, resulting in interference with the Open Efforts Corporation service(s).

Once the Client’s account is established on a Silver or higher plan, Client will be issued a phone number upon request. Subscriber understands that Open Efforts Corporation does not have billing arrangements with any prison phone providers or inmate computer providers, and our service cannot accept collect phone calls.

Your service term refers to the period of time in which Subscriber paid for service for the Client. The service term is the term Subscriber selected from the options available when Subscriber made a payment for our service. The Subscriber’s first service term begins on the subscription date, which is the date Subscriber first ordered service or the date we successfully received your payment, whichever is later. Subscriber’s service will continue until canceled by Subscriber or Open Efforts Corporation as provided for herein. Please note that the obligations of this agreement begin on your subscription date and are indefinite. Subscriber's service term automatically renews for the same term unless service(s) is/are canceled before the end of your then current service term. The renewal begins on the day after the last day of your service term.

We DO NOT auto-bill your credit card or PayPal account. If you setup automatic monthly recurring payments when you made your payment, then that payment profile is with PayPal, not Open Efforts Corporation. If the Client has a personal phone number assigned, it will be held for 14 days. After that time it will be released to the phone carrier.

2.1 Acceptable Use

Subscriber and Client are solely liable for any transmissions sent through the Open Efforts Corporation service(s). Open Efforts Corporation has no control over the content of any transmission nor will be liable for such content. Subscriber and/or Client shall not use the service(s) to create or distribute any messages or other materials which are obscene, harassing, racist, malicious, fraudulent, infringing or libelous, nor use the service(s) for any activity that may be considered or are unethical, immoral, abusive of any third party's rights, or illegal. Furthermore, you will abide by all rules, regulations, procedures, and policies of Open Efforts Corporation and any policies of the networks connected to the service(s).

Subscriber and Client agree to abide by all applicable local, state, national, foreign, and international laws and regulations and is solely responsible for all acts or omissions that occur under the Subscriber account or password, including the content of Subscriber transmissions through the service(s). Subscriber understands that this service is Person to Person and that communications for commercial purposes are strictly prohibited. Spam Opt-In messages are all prohibited from our networks. You can send messages only to other consumers via long code messages. If you or the client violate this rule your service will be terminated.

3.0 Terms

The term of this agreement is a month-to-month prepaid contract. The monthly fee is based on the plan Subscriber picks when making the payment; even if the Subscriber and/or Client does not receive or send messages, the monthly fee will still be charged via PayPal if Subscriber has chosen automatic monthly payments. Subscriber can cancel at any time. The term of the service shall continue for as long as the Subscriber continues to maintain an active account and for as many months thereafter as Subscriber chooses to continue service. Active account is defined as an account that has a positive balance, enough to cover the Client’s monthly plan.

3.1 Providing Information to Authorities and Third Parties

If Open Efforts Corporation believes the service has been used for an unlawful purpose, Open Efforts Corporation may forward the relevant communication and other information including Subscriber identity, contact, and credit card information to the appropriate authorities for investigation and/or prosecution. Subscriber consents to the forwarding of any such communications and information to all authorities as permitted by law.

3.2 Payment for Services

Open Efforts Corporation will charge Subscriber the rates in effect under the Subscriber plan as published on the Open Efforts Corporation website, plus any enhanced service charges or taxes at the time of subscription. Such rates may be updated by Open Efforts Corporation from time to time and will be effective when published on the Open Efforts Corporation website. Subscriber agrees that all payments will be made to Open Efforts Corporation via PayPal or by sending a check or money order payable to Open Efforts to P.O. Box 674, San Martin, CA 95046. Open Efforts Corporation may change the accepted payment method at any time, at the sole discretion of Open Efforts Corporation. Subscriber’s first month's service is prepaid when the account is established. Fees and charges are published on the Open Efforts Corporation website and are subject to change without notice. Open Efforts Corporation may introduce new products and/or services at special introductory pricing.

3.3 Termination of Service

No one other than the client can authorize cancellation of the account. Accounts must be canceled by sending a support request (by the inmate), or in writing to Open Efforts, P.O BOX 674, San Martin, CA. 95046

4.0 DISPUTE RESOLUTION AND BINDING ARBITRATION

It is important to thoroughly read and understand this entire section. This section provides for and mandates dispute resolution via a binding arbitration before a neutral arbitrator instead of a judge or jury for disputes or claims arising under this Agreement.

4.1 DISPUTE NOTIFICATION

If a dispute is filed for a payment made for a Client’s account, Open Efforts Corporation will immediately freeze any service credits that have been applied to the Client’s account. This action may cause the Client’s account to become inactive. Depending on the outcome of the dispute, Open Efforts Corporation reserves the right to assess a “Dispute Fee” that can be collected by deducting an appropriate amount of service credit from the Client’s account, and/or deducting the appropriate amount from any future payments made by Subscriber.

4.2 Waiver of Jury Trial

Subscriber and Open Efforts Corporation agree to waive the right to a trial by jury, by entering into this Agreement.

5.0 Monitoring

We may monitor the use of our service for violations of this agreement. This includes using artificial intelligence to read messages and detect illegal activity. We may remove or block all communications if we suspect a violation of this agreement, or if we think it is necessary in order to protect our service, the public, the safety and security of a correctional facility. Open Efforts Corporation, affiliates, directors, officers, agents, and employees from harm.

6.0 NO THIRD-PARTY BENEFICIARIES

If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third-party beneficiary rights.

7.0 ENTIRE AGREEMENT

This Agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and Open Efforts Corporation. This Agreement governs your use of our service and the use of our services by the members of your household and your guests and employees. This agreement supersedes any/all prior or contemporaneous agreements, statements, understandings, writings, commitments, or representations concerning its subject matter.

8.0 CHANGES TO THIS AGREEMENT

We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications, any required notices, agreements, changes to agreements, and other information regarding Open Efforts Corporation’s service(s). It is the Subscriber's responsibility to review the terms clearly posted on the company website to be aware of any changes made. Changes will become binding on the date they are posted on the company website. When posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms. If you continue to use our service, we will consider this your acceptance of any changes.

9.0 Privacy Policy

We do not share your information with anyone in any way. We consider the privacy of our Subscribers to be our top concern and priority. We may, in some circumstances, provide your information to trusted parties for purposes such as: complying with court orders and other legal processes or procedures as dictated by Federal, State or Local government entities; or enforcing our agreements and property rights.

10. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY.

10.1 As-Is Services

You agree that our services are provided "as is," except to the extent provided below.

10.2 No Warranties on Service

We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service or device will be without failure, delay, interruption, error, omission, degradation of quality, or loss of content, data, or information. Neither Open Efforts Corporation nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, customer's data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of Open Efforts Corporation's or its service provider’s or vendor’s negligence. Statements and descriptions concerning our service or device, if any, by Open Efforts Corporation or Open Efforts Corporation's agents or installers are informational and are not given as a warranty of any kind.

10.3 DISCLAIMER OF WARRANTIES

WE PROVIDE THE SERVICE ON AN 'AS IS' BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, ANY WARRANTY. WE DO NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN SUBSCRIBERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. OTHER THAN EXPRESS WARRANTIES FOR THE DEVICE IN THE DOCUMENTATION THAT COMES WITH YOUR DEVICE, FOLLOWING THE TERM OF THE LIMITED WARRANTY, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM, FOLLOWING THE TERM OF THE LIMITED WARRANTY, ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET YOUR REQUIREMENTS. THIS SECTION DOES NOT LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY IN THE DOCUMENTATION PROVIDED WITH YOUR DEVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

10.4 Credit Allowances for Interruption of Open Efforts Corporation’s Service may be given at our sole discretion

We will not give you credit for any interruption of Open Efforts Corporation service that is beyond our control.

10.5 Limitation of Liability

We will not be liable for any delay or failure to provide service at any time or any interruption or degradation of voice quality that is caused by any of the following:

• Third party act or omission - any act or omission of an underlying carrier, service provider, vendor, prison, prison service provider, or other third party.
• Equipment failure - any equipment, network, or facility failure.
• Equipment modification - any equipment, network, or facility upgrade or modification.
• Force majeure - any force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, and government actions.
• Equipment shortage - any equipment, network, or facility shortage.
• Equipment relocation - any equipment or facility relocation.
• Loss of power - any service, equipment, network, or facility failure caused by the loss of power to you.
• Outages - any outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of service caused by any third party.
• Acts or omissions - any act or omission by you or any person using our service, or the device provided to you.
• Other causes - any other cause that is beyond our control, including, without limitation, a failure of or defect in any device, the failure of an incoming or outgoing communication, the inability of communications to be connected, completed, or forwarded.

10.6 Disclaimer of Liability for Damages

In no event will Open Efforts Corporation, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, or emergency routing services or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

10.7 Limit on total liability

Our total liability under this agreement will not exceed the service charges for the affected time period. Open Efforts Corporation will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone or other wireline charges, technician charges, or other similar charges.

11. INDEMNITY

Subscriber agrees to defend, indemnify and hold harmless Open Efforts Corporation, our directors, officers, employees, agents, vendors and affiliates from and against all claims, losses, liabilities (including attorney fees), damages, costs and expenses, in any way arising from or related to Subscriber’s and/or Client’s use of the service(s) including, without limitation, your violation of this Agreement, or your communication of any content on or through the service(s). Subscriber agrees that Open Efforts Corporation shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of messages, communications, e-mail, data or information as a result of, or arising out of, administration of the service(s), whether or not you are given prior notice thereof. If Subscriber cancels the service, the Client’s number(s) may be made available to other Subscribers and/or Clients.

12. PROPRIETARY RIGHTS

Open Efforts Corporation shall retain all rights, title, and interest to the service(s) including all copyrights, trademarks, patents, and all other intellectual property rights thereto, including without limitation with respect to all technology and telephone numbers used in connection with or provided as part of the service(s). Subscriber may not, nor allow any third party to, access, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble, or reverse engineer the service(s) for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the service(s), and no right to use any trademark is granted under this Agreement. Subscriber may not grant any sublicense, lease, or other right in the service(s) to any third party. All rights not expressly granted under this Agreement are retained by Open Efforts Corporation.

13. COPYRIGHT & TRADEMARK

Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.

14. GOVERNING LAW

The law of the state of Wyoming will govern this Agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law. Because this Agreement is a transaction in interstate commerce, the Federal Arbitration Act ("FAA"), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision in Section 5.

15. SURVIVAL

The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

16. LEGAL AGE

You promise that you are of legal age to enter into this Agreement and that you have read and fully understand its terms and conditions.

17. SEVERABILITY

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or unenforceability will not invalidate or render unenforceable any other portion of this Agreement.