ADVISORY REGARDING 10-DIGIT NUMBERS AND 911 CALLS
You may request one or more ten-digit telephone number(s) in conjunction with your use of Sorenson's VRS or IP Relay services, provided you have a medically recognized hearing or speech disability. By obtaining one or more telephone number(s) from Sorenson, you are selecting Sorenson as your "default" provider of VRS or IP Relay. This means that all VRS or IP Relay calls to and from your ten-digit telephone number(s) will be routed, by default, though Sorenson VRS or IP Relay.
Sorenson offers two types of functionally equivalent ten-digit telephone numbers that you can use with Sorenson's VRS or IP Relay service: ten-digit Direct VP™ and local ten-digit telephone numbers. Ten-digit Direct VP™numbers are toll free numbers. Local ten-digit numbers indicate the geographic location, or "area code," where a user lives or works. If you would like to request one or more ten-digit numbers, call Sorenson at 800-659-4810 or send an email to register@sorenson.com. In particular, you may request that any videophone or other device used in conjunction with Sorenson's VRS or IP Relay service be assigned either (i) both a ten-digit Direct VP™number and a local ten-digit number, or (ii) a local ten-digit number by itself. Any such device may not be assigned only a ten-digit Direct VP™number.
As your default provider, Sorenson must comply with various legal requirements. Sorenson will (i) obtain from you the physical location from which you will access Sorenson VRS or IP Relay service (also known as your "Registered Location"); (ii) give you an easy way to update your Registered Location information if it changes, without cost or additional equipment; and (iii) route all emergency 911 calls placed by you via Sorenson VRS or IP Relay to the appropriate emergency personnel and transmit the call-back number and other required information. In addition, you have the following rights: (i) you may obtain a telephone number from, and register with, your provider of choice (notwithstanding any prior relationship you may have had with another provider); (ii) you may change default providers at any time and, in doing so, retain your telephone number by transferring (or "porting") the number to the new default provider; (iii) you may make calls through, and receive calls from, any provider (and you are not limited to making or receiving calls through your default provider); and (iv) the provider cannot condition the ongoing use or possession of equipment, or the receipt of different or upgraded equipment, on your continuing to use the provider as your default provider.
If you have already obtained a ten-digit telephone number from a VRS or IP Relay provider other than Sorenson, but would like to select Sorenson as your default provider, you may port your telephone number to Sorenson. To do so, please contact Sorenson by calling 800-659-4810 or by sending an email to porting@sorenson.com. You also may port your ten-digit number(s) to a default provider other than Sorenson. Upon request, Sorenson will port your local ten-digit number, your ten-digit Direct VP™number, or both numbers. If you wish to port both numbers, you must request that both numbers be ported. If you request that only the local number be ported, Sorenson will port that number to the new default provider and will discontinue your service on the Direct VP™number. In any instance in which you request to port a ten-digit Direct VP™number but it is technically infeasible for Sorenson to port that number to another provider, Sorenson also will discontinue your service on the Direct VP™number.
Once you have selected Sorenson as your default provider, you can place an emergency call by dialing 911 using Sorenson VRS or IP Relay service accessed via your computer, other device (such as a Personal Digital Assistant), or videophone. To ensure that your 911 call is routed to the right emergency response center and that the emergency response center knows where to send assistance, your default provider needs to know the physical address (i.e., the Registered Location) from which you are placing the emergency call. If you have chosen Sorenson as your default provider, it is critical that you inform Sorenson of your Registered Location and give Sorenson advance notice of any subsequent changes to your Registered Location. For example, if you are planning to move to a new address where you will use Sorenson as your default provider to place VRS and/or IP Relay calls, you must register that new location with Sorenson. Please note that it can take several hours or, in some cases (e.g., if there is an error in your Registered Location), longer to activate 911 service at an initial or new Registered Location. If you have not already done so, you can inform Sorenson of your Registered Location by visiting www.sorensonvrs.com/moving, or calling 800-659-4810 from your Sorenson VP-100® or VP-200® or other videophone. Sorenson will confirm receipt of your Registered Location or any updates to it that you submit to Sorenson. If you move to a new address without having given Sorenson sufficient advance notice, any 911 call you make using Sorenson VRS or IP Relay may be directed to the wrong emergency authority or may transmit the wrong address. For more information about ten-digit telephone number(s) for VRS and IP Relay, see the FCC's Consumer Advisories located at http://www.fcc.gov/cgb/consumerfacts/trstendigit.html and http://www.fcc.gov/cgb/consumerfacts/trstendigit-user-meaning.pdf.
Unless otherwise noted, this Disclaimer assumes that you have chosen Sorenson as your default provider of VRS or IP Relay for any telephone number(s) assigned to you by Sorenson, or that you are using a videophone or other device in conjunction with Sorenson's VRS or IP Relay service. In the event that you fail to select a default provider by November 12, 2009, Sorenson will no longer be able to complete non-emergency VRS or IP Relay calls for you without first registering you.
CALLS TO EMERGENCY SERVICE PROVIDERS (911/E911)
WAIVER OF LIABILITY FOR 911 CALLS. Sorenson recommends that you maintain an alternative means of making an emergency call to 911 (for example, through a traditional text telephone ("TTY") or, if a TTY is not available, a standard telephone) in the event that you are unable to use Sorenson's VRS or your relay service equipment for any reason (for example, for one of the reasons discussed below). In the event that you use Sorenson's IP-based Relay Services to make a 911 call, Sorenson is not liable for any claim, damage or loss arising from your use of its IP-based Relay Services to facilitate that call. Specifically, Sorenson is not liable in tort, contract, or otherwise for any personal injury, property damage, death, or other harm arising out of or related to use of its IP-based Relay Services to make a 911 call, or the provision of any IP-based, video remote, or in-person interpreting services incidental to or in conjunction with such a call, including but not limited to an act or omission involving (1) the development, design, installation, operation, maintenance, performance, or provision of any equipment or facility that permits you to use Sorenson's IP-based Relay Services, or any IP-based, video remote, or in-person interpreting services provided in connection with a 911 call or the provision of emergency services; (2) misinterpretation, mistakes, interruptions, delays, transmission errors, network outages, failures, defects, technical difficulties, acts of God, or other occurrences, regardless of the source of the occurrence, that may arise in the course of transmitting or handling 911 calls or providing emergency services; and (3) release to a public safety answering point, designated statewide default answering point, appropriate local emergency authority, emergency medical service provider or emergency dispatch provider, public safety, fire service or law enforcement official, or hospital emergency or trauma care facility of user information related to 911 calls or the provision of emergency services. In addition, Sorenson is not liable for any damages arising from your failure to provide Sorenson an accurate, up-to-date Registered Location. For information about how to update your Registered Location, please refer to the Advisory section above.
Furthermore, consistent with Federal law, Sorenson in its role as an emergency communications service provider, shall have immunity or other protection from liability in a State of a scope and extent that is not less than the scope and extent of immunity or other protection from liability accorded any local exchange company under Federal and applicable State law (whether through statute, judicial decision, tariffs filed by such local exchange company, or otherwise).
NOTICE OF LIMITATIONS FOR 911 CALLS.
Even though you have selected Sorenson as your default provider, you may make and receive relay service calls, including 911 calls, using any provider. If, however, you have chosen Sorenson as your default provider but place a 911 call through an IP-based relay provider other than Sorenson, Sorenson will have no control over the manner in which the other provider will handle, process, or route the call. Sorenson thus cannot ensure that the other provider will handle the call in accordance with the FCC's emergency calling rules or that the call and your location will be automatically routed to the appropriate emergency personnel.
If you use Sorenson's IP-based Relay Services to place a 911 call, you should be aware that any such use is subject to significant limitations and risks, including but not limited to the following:
First, Sorenson may not automatically be able to obtain your location information or route your call to the appropriate emergency personnel if (i) you use Sorenson's IP-based Relay Services to place a 911 call, and you have not provided Sorenson an up-to-date Registered Location; (ii) you have not chosen Sorenson as your default provider; or (iii) your Registered Location is not served by the Wireline E911 network or is not available to Sorenson. Furthermore, in these circumstances, if you are incapacitated or otherwise unable or unwilling to give the Sorenson interpreter your address, Sorenson may not be able to obtain your location information and give it to appropriate emergency personnel, although Sorenson will use its best efforts to do so.
Second, even if you have provided Sorenson an up-to-date Registered Location, it can take several hours or, in some cases (e.g., if there is an error in your Registered Location), longer to activate 911 service at this address. If you place a 911 call from an address before activation of 911 service for that address, Sorenson may not automatically be able to obtain your location information and/or route your call to the appropriate emergency personnel.
Third, you may not be able to place a 911 call if equipment provided to or used by you fails to function.
Fourth, you may not be able to use Sorenson's IP-based Relay Services to place a 911 call if an act beyond our control (including an act of God) has occurred, including one or more of the following:
- a broadband network outage or power outage has occurred, or Internet service has been degraded for another reason, including congestion, interruptions, or technical problems that may affect your ability to access the Internet
- your broadband or ISP service has been cancelled, suspended or terminated for any reason (including for failure to pay or other reasons); or
- your use of relay service equipment, including a Sorenson VP-100® or VP-200® Videophone, has been terminated, suspended, restricted, or cancelled, or such equipment has been disabled.
Fifth, 911/E911 is only available for a call placed from a location within the United States or one of its territories or possessions.
Finally, if you use a Sorenson VP-100® or VP-200® Videophone or other Sorenson device to place a 911 call through an IP-based Relay Service provider other than Sorenson, Sorenson will have no control over the manner in which the other provider will handle, process, or route the call. Sorenson thus cannot ensure that the other provider will handle the call in accordance with the FCC's emergency calling rules or that the call and your location will be automatically routed to the appropriate emergency personnel.
Sorenson will not be liable for any cost or damage arising either directly or indirectly from (i) your failure to observe the limitations expressed in this Disclaimer, including your use or misuse of Sorenson's IP-based Relay Services, (ii) the porting of any telephone number(s) assigned to you to a default provider other than Sorenson, or (iii) Sorenson's termination, suspension, restriction, or cancellation of your use of its IP-based Relay Services, and/or Sorenson's retrieval or disabling of its VP-100® or VP-200® Videophone. In no event shall Sorenson, or its shareholders, officers, or directors, be liable for punitive, reliance, or special damages, or for indirect or consequential damages, including but not limited to lost profits or revenue or increased costs of operation. These limitations apply even if the damages are foreseeable or we are told they are possible, and they apply to any negligence claim that does not involve willful misconduct or intentional misconduct no matter how that claim is styled or on what legal grounds (such as contract, tort, statute, misrepresentation) it is based. Sorenson will be liable for no more than the amount of direct damages to the person or property.
Except as expressly provided in this Disclaimer, and then only to the extent provided, Sorenson makes no warranties or representations of any kind regarding its IP-based Relay Services.
SORENSON DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR PARTICULAR PURPOSE. Sorenson disclaims any and all warranties of quiet enjoyment, performance, and non-infringement. Sorenson also makes no warranty that its IP-based Relay Services will be uninterrupted or error free. Sorenson shall not be liable for any consequential or incidental damages. Sorenson does not authorize anyone, including, but not limited to, Sorenson's employees, independent contractors, agents or representatives, to make a warranty of any kind on Sorenson's behalf and you should not rely on any such statement.
CALLS INVOLVING MEDICAL, MENTAL HEALTH, OR LEGAL ISSUES
When a Sorenson interpreter is interpreting an IP-based Relay Service call, he or she is doing so pursuant to federal law. Specifically, Sorenson's provision of telecommunications relay services is governed by section 225 of the Communications Act of 1934, as amended, and applicable rules and orders adopted by the Federal Communications Commission. Accordingly, Sorenson cannot and does not represent, warrant, or guarantee that Sorenson's IP-based Relay Services will meet any requirements mandated by the laws of any state or locality. For example, the role of an interpreter in a legal setting varies from state to state, and may include additional responsibilities, such as, interceding on behalf of the court, the client, or counsel to help ensure that the parties are accurately comprehending the proceeding; attesting to their ability to accurately interpret the legal proceeding; being placed under oath; and being obligated to evaluate the assignment to determine if they are qualified and to refuse the assignment if they feel they are not appropriately qualified to interpret. Sorenson's interpreters are not subject to such requirements. Moreover, federal law generally prohibits Sorenson interpreters from revealing the contents or existence of a telecommunications relay service call, even when doing so would be inconsistent with state or local laws. As a result, a Sorenson interpreter may not be required pursuant to state or local law to testify in court about a relayed conversation.
Consistent with the rules of the Federal Communications Commission, Sorenson employs only qualified interpreters who are capable of interpreting effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Sorenson, however, cannot and does not represent, warrant, or guarantee that its relay interpreters meet the various interpreting requirements mandated by the laws of any states, or that its interpreters are trained, authorized, or certified to provide IP-based Relay Services pertaining to any particular area of expertise, including medical, mental health, or legal. If a caller attempts to use a Sorenson interpreter in a medical or mental health setting, or during a legal proceeding, the caller is simply making a TRS-facilitated telephone call.
EFFECT OF SERVICE & PRODUCTS AGREEMENT
If a Sorenson VP-100® or VP-200® Videophone has been assigned to you, your use of that Videophone, including to place or receive a VRS call, shall be governed by Sorenson's "VP-100 Premium Sorenson VRS® Service & Products Agreement / VP-200 Premium Sorenson VRS® Service & Products Agreement" ("VP Agreement"), located at http://www.sorensonvrs.com/license. In the event of any conflict between the terms and conditions of this Agreement and the VP Agreement, the VP Agreement shall govern and control.
INDEMNIFICATION
You agree that Sorenson shall not be responsible or liable for any claims or causes of action that arise from your use of Sorenson's IP-based Relay Services. Further, you agree to indemnify and hold Sorenson and its shareholders, officers, directors, employees, agents, independent contractors, and affiliated entities harmless from and against all costs, fees, expenses, and damages of any nature whatsoever related to any such claims, including court and arbitration costs, attorneys' fees, and the costs of other professionals, unless such claims are solely based on Sorenson's willful misconduct. This provision will continue to apply after this Disclaimer ends.
GOVERNING LAW
This Disclaimer is governed by the laws of the State of Utah, U.S.A., without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the use of the Sorenson IP-based Relay Services. All actions arising from or pertaining to this Agreement and all disputes between the parties shall be initiated, maintained, and resolved in Salt Lake City, in the State of Utah.
CHANGES TO THIS DISCLAIMER
Sorenson will update this Disclaimer if our practices change or if the law requires changes to it. You should review this document regularly for changes, and can easily see if changes have been made by checking the Effective Date below. If you do not agree to the terms of this Disclaimer or any revised Sorenson policy, you should exit the site and cease use of all Sorenson IP-based Relay Services and products immediately. Your continued use following the posting of any changes to this Disclaimer means you agree to be bound by the terms of this Disclaimer.
This Disclaimer was last updated and is effective as of November 17, 2009.
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