Pretrail Diversion Program Terms of Service
As a condition of using Pretrail Diversion Program's services as described herein, you agree to this Pretrail Diversion Program Terms of Service (“Agreement”) and any future amendments.
1. NOTICE AND CONSENT.
2. THE Pretrail Diversion Program SERVICE.
A User may send money (the “Payment”) To pay for services. A Client has the authority to review, withhold or reject a Payment. Payments may be made (1) over the Internet using a Visa or MasterCard branded credit card or debit card (collectively “Bank Card”), (i.e., MoneyGram), (2) at a Pretrail Diversion Program kiosk located at a Client using cash or a Bank Card, or (3) by sending a money order to Pretrail Diversion Program's lockbox (collectively, the “Pretrail Diversion Program Service”).
Depending on the Client, Payments may be made to a variety of inmate accounts including, but not limited to, inmate trust, restitution, temporary leave and funeral expenses. In addition, each Client may accept Payments through select Pretrail Diversion Program Service channels. If you are unsure of which inmate’s account to send a Payment or which Pretrail Diversion Program Service channels are available to you, please contact Pretrail Diversion Program or the Client. Pretrail Diversion Program will not be liable for a Payment sent to the incorrect inmate account.
3. IDENTITY AUTHENTICATION.
You authorize Pretrail Diversion Program,
directly or through third parties, to make any inquiries we consider
necessary to validate your identity. This may include asking you for
further information, requiring you to provide your date of birth, and/or
other information that will allow us to reasonably identify you,
requiring you to take steps to confirm ownership of your email address,
or verifying your Information against third party databases or through
other sources. We may also ask to see your driver’s license or other
identifying documents at any time. Pretrail Diversion Program reserves
the right to close, suspend, or limit access to your account and/or the
Pretrail Diversion Program Service in the event we are unable to obtain
or verify this Information.
4. PAYMENT INFORMATION.
In consideration for the use of the Pretrail Diversion Program Service, you agree to pay Pretrail Diversion Program a fee for each Payment sent by you at the applicable rate then in effect (the "Service Fee"). All Service Fees are non-refundable.
6. MONEY ORDERS.
Where the lockbox Payment method is available to you, Pretrail Diversion Program will only accept money orders valued at $1,000.00 or less, depending on the Client. Any money orders over $1,000.00 will be returned to you. All approved money orders will be processed within up to ten (10) business days following receipt by Pretrail Diversion Program.
All money orders must be made payable to “Pretrail Diversion Program Inc.”. A deposit slip and any accompanying information required by the Client must be filled out and submitted with every money order. Deposit slips can be found on Pretrail Diversion Program's Website All deposit slips must be legible and completely filled out. Any materials sent with the money order other than the deposit slip will be discarded.
Service Fees and the principal Payment amount are due and payable before Pretrail Diversion Program processes the Payment. By making a Payment with a Bank Card, you authorize Pretrail Diversion Program to process the Payment. When using a Bank Card, if Pretrail Diversion Program does not receive authorization from the card issuer, the Payment will not be processed and a hold may be placed on your Bank Card which can only be removed by the issuing bank. Each time you use the Pretrail Diversion Program Service, you agree that Pretrail Diversion Program is authorized to charge your designated Bank Card account for the principal Payment amount, the Service Fee, and any other applicable fees.
8. OTHER CHARGES.
Pretrail Diversion Program is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment. For example (without limitation), some credit card issuers may treat the use of your credit card to use the Service as a "cash advance" rather than a purchase transaction, and may impose additional fees and interest rates for the transaction. Pretrail Diversion Program is not responsible for any non-sufficient funds charges, chargeback fees, or other similar charges that might be imposed on you by your bank, credit card issuer, or other provider.
9. RECURRING PAYMENT.
A recurring payment is a Payment in which you authorize
Pretrail Diversion Program to charge your Bank Card on a regular or periodic basis (“Recurring Payment”). This authorization is to remain in full force and effect until you cancel a Recurring Payment. You may cancel a Recurring Payment at any time up to one (1) business day prior to the date the Payment is scheduled to be processed. To cancel a Recurring Payment, log into your account, access the “Money” tab, then access the “Recurring Payments” tab and click “Delete.”
You may not cancel a Payment. Under some circumstances, a Paymentmay not be completed or a Client may refuse to accept a Payment. In such cases, Pretrail Diversion Program will cancel the Payment transaction and refund the principal Payment amount less the Service Fee to the Customer.
11. ESCHEAT LAWS.
Pretrail Diversion Program must comply with each state’s unclaimed property (escheat)
laws. If, for whatever reason, Pretrail Diversion Program is unable to transfer your Payment to a Client, Pretrail Diversion Program will attempt to contact you to issue you a refund. If Pretrail Diversion Program cannot get in contact with you and you do not claim your Payment within the statutory time period, Pretrail Diversion Program may be required to escheat the Payment to your resident state. Pretrail Diversion Program will determine your state of residency based on the information provided by you at the time of Payment. If you do not claim an unpaid Payment within one (1) month after the date you made the Payment, Pretrail Diversion Program shall hold the Payment in an account and impose a $3.00 service fee per month until such time the unpaid Payment must be escheated to the state.
12. GOVERNING LAW.
(a) In the event of any dispute, claim or controversy among the parties arising out of or relating to this Agreement that involves a claim by the User for less than $10,000, exclusive of interest, arbitration fees and costs, shall be resolved by and through arbitration administered by the American Arbitration Association ("AAA") under its Arbitration Rules for the Resolution of Consumer Related Disputes. Any other dispute, claim or controversy among the parties arising out of or relating to this Agreement shall be resolved by and through arbitration administered by the AAA under its Commercial Arbitration Rules. The ability to arbitrate the dispute, claim or controversy shall likewise be determined in the arbitration. The arbitration proceeding shall be conducted in as expedited a manner as is then permitted by the rules of the American Arbitration Association. Both the foregoing Agreement of the parties to arbitrate any and all such disputes, claims and controversies, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction.
(b) The arbitrator(s) shall follow any applicable federal law and Florida State law in rendering an award.
(c) If you reside in the State of Illinois, any arbitration hearing will occur in the county where you reside. Otherwise, any arbitration hearing will occur in Miami, Florida, or another mutually agreeable location, or a location ordered by the arbitrator.
(d) The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable, including, without limitation, each party's attorneys' fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrator(s), may be prorated between the parties in such proportion as the arbitrator(s) determines to be equitable and shall be awarded as part of the arbitrator's award.
Except to the extent that Pretrail Diversion Program is otherwise liable under this
Agreement or by law, you agree to indemnify and hold Pretrail Diversion Program, its shareholders, subsidiaries, affiliates, directors, officers, employees, agents, representatives, suppliers, service providers, and subcontractors harmless from any and all losses, liabilities, claims, demands, judgments and expenses, including but not limited to reasonable attorney's fees, arising out of or in any way connected with your use of or the performance of the Pretrail Diversion Program Service.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THE Pretrail Diversion Program
SERVICE IS PROVIDED BY PRETRIAL DIVERSION PROGRAM INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRETRIAL DIVERSION PROGRAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PRETRIAL DIVERSION PROGRAM SERVICE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRETRIAL DIVERSION PROGRAM SERVICE IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL AND PAYMENT INFORMATION THAT YOU PROVIDE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRETRIAL DIVERSION PROGRAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRETRIAL DIVERSION PROGRAM DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR E-MAIL SENT FROM PRETRIAL DIVERSION PROGRAM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRETRIAL DIVERSION PROGRAM (AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND STOCKHOLDERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, ANY CREDIT CARD COMPANY'S NON-AUTHORIZATION OF A USER'S BANK CARD PAYMENT, ANY GOVERNMENT ENTITY'S NON-ACCEPTANCE OF A PAYMENT FROM A USER USING THE PRETRIAL DIVERSION PROGRAM SERVICE, FOR DISRUPTIONS IN THE PRETRIAL DIVERSION PROGRAM SERVICE, OR FOR ERROR, DELAY OR MIS-DELIVERY OF A PAYMENT, REGARDLESS OF THE CAUSE, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.