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MyCarePack.com
MyCarePack allows you to send money to a friend or loved one at any of our participating facilities. Smart Deposittm is a service developed, powered and owned by Prevatek Development LLC ("Prevatek"). Prevatek does not receive or transmit any funds to the correctional facility that you select pursuant to the Smart Deposittm system. Prevatek has contracted with Four Oaks Bank & Trust Company, a North Carolina state-chartered bank ("Four Oaks Bank"), to receive and transmit your money to the facility of your choice, thereby providing you and your money with the safety and security of a federally insured bank. Four Oaks Bank is permitted to use the mark Smart Deposittm on a non-exclusive basis pursuant to a license granted to it by Prevatek. Accessing or using any features of Smart Deposittm constitutes your agreement to follow and be bound by these "Terms and Conditions". We reserve the right to modify these Terms and Conditions at any time without prior notice to you. We recommend that you read and understand these Terms and Conditions carefully each time you use Smart Deposittm. The Terms and Conditions apply to your use of Smart Deposittm via kiosks, Smart Deposittm on www.mycarepack.com, the SmartDeposit.com web site, telephonic services or any other related services (collectively, the "Services"). Use of this Site By clicking "Accept", or similar text, or completing any form of transaction through the Services, you explicitly agree to the terms and conditions of this agreement. If you are unwilling to be bound by these Terms and Conditions, you should not access or use these Services. This agreement forms a legally binding contract between you and Prevatek and Four Oaks Bank. Content and Disclosure Information Through Smart Deposit and associated Services, you may send funds (payments) to a recipient for their use to purchase commissary products, or other purposes. Funds are received and held by correctional facilities on behalf of the inmate recipient. When requested by legal authorities, those funds will be reported to federal, state or local authorities. When processing your transaction, you will be required to provide certain information to allow us to verify your identity and process your money transfer transactions. Please see the "MyCarePack.comtm Privacy Policy" and "Smart Deposittm Privacy Policy" for our policies regarding the protection of your personal data. By accepting the Terms and Conditions, you acknowledge that upon initiating a transaction with Four Oaks Bank and the Smart Deposittm system you relinquish any ownership of those funds and understand and agree that the money is received from you and transferred by Four Oaks Bank to the selected correctional facility for the benefit of the designated inmate recipient. All funds transmitted to a facility for the benefit of an inmate recipient are subject to the applicable rules and restrictions of the correctional facility. Fees and Obligations Through the use of Smart Deposittm and MyCarePack you understand and agree that certain fees will be charged to you with regard to the Services ("Service Fee"). The Service Fee will be added to your transaction amount and will be clearly identified as part of your transaction. Please note that all Service Fees are non-refundable. In certain cases, an inmate recipient may have outstanding obligations (debts) payable to the correctional facility in which he or she is housed. The money you designate to be placed for the benefit of any inmate recipient’s account at the facility may be applied by the facility to the recipient’s outstanding obligations prior to the money being available for his or her benefit. By initiating any transaction whether by internet, telephone or kiosk, you acknowledge that neither Prevatek nor Four Oaks Bank have any control over or responsibility for the funds once transmitted to the facility or the management of an inmate recipient’s obligations. Intellectual Property Rights The trademarks and services marks on this site are the property of Prevatek Development LLC and may not be used without the prior written permission of Prevatek Development LLC. All communication, postings, and uploads to this site become the exclusive property of Prevatek Development LLC. You may not reproduce, reverse engineer, disassemble, modify or create derivative works from the site. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on this site or its content. Indemnification You agree to indemnify, defend and hold harmless Four Oaks Bank, Prevatek Development LLC and their respective subsidiaries, affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including without limitation reasonable attorney’s fees) arising from: (i) your use of the site and any of our related Services; (ii) your violation of the Terms and Conditions; and (iii) intentional wrongdoing of any kind. Prevatek Development LLC and Four Oaks Bank reserve the right, at their expense, to participate in the defense or settlement process. Prevatek Development LLC and Four Oaks Bank each further reserve the right to report any wrongdoing that they become aware of to any government agency. Choice of Law and Enforcement Prevatek Development LLC controls and operates this site from its headquarters in North Andover, Massachusetts, United States of America and makes no representation that the site is appropriate or available for use from other locations. If you use the site from other locations outside of the United States, you are responsible for compliance with applicable foreign laws. These Terms and Conditions are governed by the laws of the State of Massachusetts, United States of America, notwithstanding its conflicts of law principles; provided, however, that matters related directly to money transmission provided by Four Oaks Bank will be governed by the laws of North Carolina subject to any applicable federal law. It is agreed that all disputes and claims arising out of or related to use of the site or the Services will be resolved exclusively in state or federal courts located in Essex County, Massachusetts. Disclaimer THE INFORMATION CONTAINED IN THIS WEB SITE MAY CONTAIN ERRORS OR INACCURACIES, AND IS PROVIDED TO YOU "AS IS," FOR YOUR INFORMATIONAL PURPOSES ONLY, WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE YOUR USE OF THE SERVICES POWERED BY SMART DEPOSITTM IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL AND PAYMENT INFORMATION THAT YOU PROVIDE. IN NO EVENT WILL ANY PERSON ASSOCIATED WITH PREVATEK, FOUR OAKS BANK OR SMART DEPOSITTM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, RELATING TO OR ARISING OUT OF THE USE OF THIS WEB SITE OR THE SERVICES, INCLUDING SPECIFICALLY ANY LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, EVEN IF ANY PERSON ASSOCIATED WITH PREVATEK, FOUR OAKS BANK OR SMART DEPOSITTM IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. |