TERMS OF USE

Please Read Carefully Before Using This Website.

Welcome to our website, MonitorConnect™(the ‘Website’ or ‘Site’). connectrex corp. (‘connectrex’) maintains this Site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the Site. If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.

These Terms of Use are  effective as of December 14, 2017.

TERMS APPLICABLE TO ALL USERS

1. Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE. You must be enrolled to use this Website and your use of this Website shall be subject to certain designated terms applicable to all users and shall be further conditioned on your clicking the ‘I AGREE TO THE TERMS OF USE’ checkbox on the Registration page.

You agree to provide connectrex with current, accurate, complete, and updated information for your supervision including your email address, name, home and work address, and home, mobile and work telephone numbers. You agree to immediately notify connectrex through this Website of any changes in your enrollment data. You are responsible for updating your email address and telephone numbers. If your email address and telephone numbers are not correct you will not receive reminders or other communications from us or your supervising agency.

After completing your enrollment you are solely responsible for maintaining the confidentiality of your login account, password or personal identification number (PIN) and security information such as your reminder questions. Should you allow others access to your account and/or password information, you will be responsible for all actions that such person might take with respect to your account. The Website provides for you to reset your password or PIN.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Changes To Terms

connectrex may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, (ii) the services as described in this Website, as well as (iii) these Terms of Use. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction

The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. connectrex makes no representation that the information, opinions, advice or other content on the Website (collectively, ‘Content’) is appropriate or that its services are available outside of the United States.

4. Scope of Use

When you use this Website, you consent to receive communications from us electronically. We will communicate with you via email, simple text messaging and/or by automated telephone announcement systems.

Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable.

You are only authorized to view, use, copy for your records small portions of the Content (including without limitation text, graphics, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute any portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

Please consult our Privacy Policy.

connectrex shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific services, or as otherwise specifically agreed or required by law.

Any use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of connectrex is strictly prohibited.

Unauthorized use of this Website may be a criminal or civil offense punishable to the fullest extent authorized by law.

All users of MonitorConnect™ are required, as part of their court ordered supervision, to allow the identification of their location via Caller-ID, GPS enabled device or other means, as necessary. Use of MonitorConnect™ is otherwise restricted.

5. Copyrights and Trademarks

The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include connectrex copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, ink to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of connectrex.

Except as expressly provided under the ‘Scope of Use’ Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of connectrex. You may not use a part of this Website on any other Website, without connectrex, prior written consent.

connectrex respects the intellectual property rights of others and expects our users to do the same. The policy of connectrex is to terminate the accounts of offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@monitorconnect.com

6. Links

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, connectrex does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to connectrex website and the services connectrex offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. connectrex reserves the right to terminate any link or linking program at any time. connectrex disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without connectrex prior, written permission. If you are interested in linking to this Website, please contact support@monitorconnect.com

7 .No Unlawful Or Prohibited Use

As a condition of your use of the Website, you warrant to connectrex that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

8. Spamming

Gathering email addresses from connectrex through harvesting or automated means is prohibited.

9. No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN ‘AS IS,’ ‘AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH CONNECTREX EXPRESSLY DISCLAIMS. CONNECTREX DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND connectrex WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. CONNECTREX MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC SERVICES OFFERED BY CONNECTREX. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of California, United State of America, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

11. Separate Agreements

You may have other agreements with connectrex. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with connectrex.

12. U.S. Resident

You represent that you are a United States of America resident.

13. No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

14. Refund Policy

MonitorConnect™ is a fee based service payable by credit, debit or pre-paid payment cards. Your fee schedule is set by your jurisdiction. You agree to pay your service fees for MonitorConnect™ as directed.

Since connectrex offers non-tangible, irrevocable services we do not issue refunds after the services are purchased which you acknowledge prior to the purchasing of the services on this Website.

If you use the MonitorConnect™ and reverse or dispute your payment for any reason your account will be suspended and your jurisdiction will be immediately notified that you have willfully mis-used your supervision report-in privileges; you may be in violation of your supervision and could risk a return to custody.

If your jurisdiction allows you to resume with the MonitorConnect™ service you will need to make payment equal to your reversal and a reinstatement/re-processing fee of $25.00 (twenty five dollars).

15. Credit Card Convenience Fee

Effective April 25, 2023, credit card and debit card payments for the MonitorConnect™ service will incur a processing convenience fee of 2.35% of the payment amount and no less than 95¢ (ninety five cents).  This fee is driven by the online third party payment processor for credit card and debit card payments.

This fee is NOT part of your court ordered obligations.

16. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any connectrex confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in San Mateo County, California, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

The parties hereby agree that any judgment awarded is limited to the maximum of $100 (one hundred dollars) or the total of all charges born by the user in the previous six (6) months of use of the Website, whichever is less.

17. Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. CONNECTREX SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF CONNECTREX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT.THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC SERVICES OFFERED BY CONNECTREX SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

18. Indemnity

You agree to defend, indemnify, and hold connectrex, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

19. Accounts and Security

connectrex does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will be assigned a personal identification number (PIN) or password (“Password”) and Login Name (“Login Name”). You shall provide connectrex with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You shall notify connectrex of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

20. MonitorConnect Location Services

Description – As part of your court ordered supervision utilizing the MonitorConnect service, you consent to share the location of your mobile phone in order to help confirm your compliance with any court ordered supervision requirements.

Obtaining Your Consent – We will obtain your permission before the service locates your phone. If you do not provide your permission the service will not locate your phone and you will not be allowed to use the MonitorConnect service. Your permission is obtained via an SMS or IVR process that requires you to reply “yes” in order to confirm your consent to use the service and allow the location of your mobile phone.

Revoking Your Consent – Your consent remains active and our service may locate you until you are unsubscribed from the service. You may revoke your consent at any time by texting STOP to 84787. You can also call 800-788-9157 for help.

“Important Message from your Cellular Provider (AT&T, Sprint, T-Mobile, Verizon Wireless and others). This is not a Cellular Provider application. If you use this application, it may require your Cellular Provider to disclose your customer information, including Mobile Phone Location Information, to the application provider or some other third party. By providing your consent, you authorize your Cellular Provider to disclose your information to third parties to enable this application. Check the application’s terms of use and the policies for more information about how the application will collect, access, use or disclose your information. Terms of use and other policies usually are available on the application provider’s website. If you aren’t comfortable with the application’s policies, don’t use it. You acknowledge and agree that (1) your relationship with the application provider is separate from your relationship with your Cellular Provider; (2) your Cellular Provider is not responsible for this application; and (3) you will hold harmless your Cellular Provider and its subsidiaries, affiliates, officers, employees, agents, successors and assigns from any judgments, claims, actions, losses, liabilities or expenses arising from or attributable to this application or the acts or omissions of the application provider.”

Text Messaging – This service may include the use text messaging (SMS). Using this service may result in a cost to you based on your wireless service provider terms:

Message and data rates may apply. Reply HELP to 84787 for help. Reply STOP to 84787 to cancel. You will receive up to 3 messages per month.

Privacy Information – Your privacy is very important to us and so this service uses only secure HTTPS communication with SSL Encryption to obtain your location data.

Secure Data Storage – Your location information is used by the service to confirm compliance with the terms of your court ordered supervision requirements. Location data is stored for the length of your probation, parole or other court ordered supervision. This will not exceed X years and your historical location data will be deleted after this time.

Sharing Information – Your location data (latitude, longitude and accuracy estimate) will be shared with authorized court, state or correctional officers and supervisors as needed for the purpose of confirming compliance with the terms of your court ordered supervision requirements. It will not be shared for any purpose other than its intended use.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at connectrex, sole discretion, and you may be reported to appropriate law-enforcement agencies.

If you would like to request additional information regarding these Terms of Use, please contact us by writing to

connectrex corp – Customer Inquiries

P.O. Box 2065

South San Francisco, CA 94083-2065

email: support@monitorconnect.com

You should return here from time to time to review these Terms of Use.