Player Purchase Terms and Conditions and Warranty Policy


These Player Purchase Terms and Conditions and Warranty Policy (the "Agreement") contain the terms and conditions that apply to your purchase of a player from JPay. Any rights not expressly granted herein are reserved by JPay. The following accessories are included with the purchase of a player: (1) one set of ear bud headphones, (2) one AC power adaptor or four AA batteries, as applicable, and (3) one USB connector cable (collectively, the "Player"). We last modified this Agreement on December 5, 2017.  

By indicating your acceptance of this Agreement, you acknowledge that you have read, accepted, and agreed to this Agreement and to comply with all applicable laws and regulations. If you do not indicate your acceptance of these terms, you will not be able to complete your transaction.

  1. TERMS OF PURCHASE. You agree to purchase a Player for a designated inmate (the "Recipient") at a correctional facility served by JPay (the “Client”). All Player sales are nonrefundable. In most cases, as required by a Client, a Recipient may only own one Player. By purchasing a Player from JPay, you and the Recipient agree to the Limited Warranty included with the Player, which is described below. JPay shall not be liable in the event of any loss, destruction or damage to the Player. The version of the Player that you are purchasing may have functionality that is different from other versions of the Player. Payment for the Player must be made by a Visa, MasterCard or Discover branded credit card or debit card. The total purchase price of the Player, including tax, shipping and handling, will be displayed to you prior to purchase.

    Please note that JPay provides the Player subject to the rules and policies of the Client. JPay shall not be liable if any component, accessory or feature is not available on the Player due to the rules or any other requirements imposed by the Client.

 

  1. USAGE. The Player must be used in compliance with all applicable laws, rules and regulations. Use of the Player by the Recipient is a privilege and misuse may lead to denial of this privilege, confiscation of the Player, administrative and disciplinary sanctions and/or legal action.  

 

  1. SHIPPING AND NOTIFICATION. Shipping and handling costs are included in the purchase price of the Player. The Player will be shipped to the Recipient’s correctional facility within forty-five (45) business days from the date of purchase. Depending on the facility’s own procedures, it may take additional time for the correctional facility staff to deliver the Player to the Recipient. JPay will not be responsible for delays in delivery due to the actions or decisions of the correctional facility or events beyond JPay’s control, including shortage of materials, labor strikes, transportation failure, lockdown, facility disruption, inclement weather or acts of God.

 

  1. PLAYER FUNCTIONALITY. A Player’s functionality and performance may be different from what is described in a specification sheet or catalog accompanying such Player. Spare parts may be new or reconditioned.

 

  1. PLAYER LIMITED WARRANTY. JPay warrants that the Player will be free from material defects in design and manufacture and will substantially conform to the published specifications under normal use for a period of ninety (90) days following the date on which the Recipient first connects the Player to the kiosk. This warranty is provided to the Recipient of the Player and is not transferable. The warranty is void if the Player is not used in accordance with the product instructions, or if the Player is damaged as a result of misuse, unauthorized repair, modification or accident. JPay shall not be liable if a certain component, accessory or feature is not available on the Player due to restrictions imposed by the Client.

    To obtain warranty service, the Recipient must submit a Trouble Ticket to the JPay kiosk’s Help Desk. JPay will attempt to troubleshoot the issue. If further assistance is needed, JPay will repair or replace the Player or any portion thereof with a new or refurbished product of equal or greater capacity and functionality. A replacement Player assumes (i) the remaining warranty time available on the original Player (which is calculated from the date that the Recipient first submits a Trouble Ticket), or (ii) a warranty period of thirty (30) days following the date the replacement Player is delivered to the facility in which the Recipient resides, whichever date is later.

    JPay will repair or replace any defective ear bud headphones only if a Trouble Ticket is submitted within two (2) weeks of receipt of the ear bud headphones by the Recipient; provided, however, if the Recipient resides in a correctional facility in the State of Idaho, the Trouble Ticket must be submitted within thirty (30) days of receipt of the headphones.

    JPay does not warrant, and shall not be responsible for, any lost content or data contained in the Player regardless of the cause of the loss. JPay's products are not warranted to operate without failure. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

    JPay is not responsible for damage to the Player arising from failure to follow instructions relating to the product’s use. This warranty does not apply to: (a) cosmetic damage, including but not limited to scratches and dents; (b) damage caused by accident, abuse, misuse, liquid spill or submersion, flood, fire, earthquake or other external causes; (c) damage caused by service on the Player performed by anyone who is not a representative of JPay; (d) a Player that has been modified; or (e) a Player that has been confiscated by correctional staff.

 

  1. DISCLAIMER OF WARRANTIES. . EXCEPT AS SET FORTH IN THE AGREEMENT, JPAY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT, MERCHANTABILITY FOR COMPUTER PROGRAMS, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFORMATIONAL CONTENT. SOME STATES LIMIT OR DISALLOW CERTAIN DISCLAIMERS OF WARRANTIES, SO CERTAIN PORTIONS OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

 

  1. LIMITATION OF LIABIILTY. JPAY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR THE PLAYER NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. JPAY WILL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF THE PLAYER, JPAY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF THE PLAYER UNDER THIS AGREEMENT. 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.

 

  1. GOVERNING LAW. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of conflict or choice of law rules.

 

  1. DISPUTE RESOLUTION.

    THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.


    About Arbitration:

    In the event JPay is unable to resolve a complaint you may have to your satisfaction (or if JPay has not been able to resolve a dispute it has with you after attempting to do so), we each agree to resolve those disputes through binding arbitration instead of in court. Arbitration is more informal than a lawsuit in court. Arbitration uses neutral arbitrators instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and in court class actions are not permitted.


    Arbitration Agreement:

    (a) Any dispute, claim or controversy among the parties arising out of or relating to this Agreement (“Dispute”) shall be finally resolved by and through binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”), provided that failure to adhere to any of the time limits set forth therein shall not be a basis for challenging the award.


    You may obtain copies of the current rules and forms and instructions for initiating arbitration by contacting JAMS as follows:


    JAMS, The Resolution Experts
    600 Brickell Avenue
    Suite 2600
    Miami, FL 33131
    Web site: www.jamsadr.com
    Telephone (949) 224-1810 or (800) 352-5267


    You agree that, by entering into this Agreement, you and JPay are each waiving the right to a trial by jury or to participate in a class action or class arbitration. Both the foregoing agreement of the parties to arbitrate any and all Disputes, 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 arbitration shall be conducted by three arbitrators (unless the parties mutually agree to less). Each party shall select one arbitrator within 30 days of commencement of the arbitration, failing which, upon request of any party, JAMS shall appoint such arbitrator. The third arbitrator, who shall serve as Chairperson of the arbitral panel, shall be appointed by JAMS pursuant to Rule 15 of the JAMS Rules. The arbitrators must apply the terms of this arbitration agreement, including without limitation, the waiver of class-wide arbitration set forth below.


    (c) The place of arbitration shall be Miami, Florida.


    (d) The cost of the arbitration proceeding, including, without limitation, each party's attorneys' fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.


    (e) The arbitration provisions set forth herein, and any arbitration conducted thereunder, shall be governed exclusively by the Federal Arbitration Act, Title 9 United States Code, to the exclusion of any state or municipal law of arbitration.


    (f)  RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU ARE WAIVING, AND WILL NOT HAVE, THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. FURTHER, YOU AND JPAY AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT ANY FORM OF REPRESENTATIVE OR CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND JPAY ALONE.


    (g) THE SCOPE, VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND REPRESENTATIVE OR CLASS-WIDE ARBITRATION ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE FEDERAL DISTRICT COURT LOCATED IN THE SOUTHERN DISTRICT OF FLORIDA OR FLORIDA STATE COURT IN MIAMI-DADE COUNTY AND NOT BY JAMS OR ANY ARBITRATOR. IF A LAWSUIT IS FILED THE PARTIES AGREE THAT THE ARBITRATION SHALL BE IMMEDIATELY STAYED, BY AGREEMENT OR COURT ORDER, UNTIL THE COURT CASE IS RESOLVED AND ALL APPELLATE REVIEW IS EXHAUSTED. THE COST OF PROCEEDINGS UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION, EACH PARTY'S ATTORNEYS' FEES AND COSTS, SHALL BE BORNE BY THE UNSUCCESSFUL PARTY.


    (h) WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF SECTION (9)(f) BE STRICKEN FROM THIS AGREEMENT OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION 9 (OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THIS AGREEMENT AND INAPPLICABLE, AND ANY AND ALL DISPUTES SHALL PROCEED IN FEDERAL DISTRICT COURT LOCATED IN THE SOUTHERN DISTRICT OF FLORIDA OR FLORIDA STATE COURT IN MIAMI-DADE COUNTY AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT OR ANY OTHER REPRESENTATIVE SUIT.

 

  1. TIME LIMIT FOR FILING CLAIMS:
    As a condition precedent to recovery, all claims under this Agreement (other than warranty claims which are subject to the time limits set forth in Section 5) must be filed in writing or electronically with JPay within six (6) months of your constructive knowledge that the alleged issue occurred.

    Further, any demand for arbitration must be filed no later than one (1) year after your constructive knowledge that the alleged issue occurred.

    Where claims are not filed or arbitration is not instituted thereon in accordance with the foregoing provisions, such claims shall be deemed waived and will not be paid.

 

  1. SEVERABILITY. If any provision of the Agreement shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.

 

  1. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement with respect to the subject matter hereof. The Agreement may not be altered, supplemented, or amended by the use of any other document(s). Notwithstanding the foregoing, the rules and policies of the applicable correctional facility may also govern the sale and use of the Player.