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SPECIAL DISCLAIMER
FOR INTERPRETING SERVICES INVOLVING
CALLS TO EMERGENCY SERVICE PROVIDERS (911/E911),
OR LEGAL, MEDICAL OR MENTAL HEALTH ISSUES
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IMPORTANT: Please read the following disclaimer of Sorenson Communications, Inc. ("Sorenson") before using Sorenson telecommunications relay services, including but not limited to Video Relay Service ("VRS"), Internet Protocol Relay ("IP Relay"), or other IP-based relay services (collectively, "IP-based Relay Services"), or any video remote or in-person interpreting services obtained incidental to or in conjunction with Sorenson's provision of IP-based Relay Services. Any such use is governed by the following disclaimer. |
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CALLS TO EMERGENCY SERVICE PROVIDERS (911/E911)
WAIVER OF LIABILITY FOR 911 CALLS. Any emergency call to 911 ("911 Call"), should whenever possible be made through a traditional text telephone ("TTY") or, if a TTY is not available, a standard telephone. Your TTY is still the best option for placing a 911 Call because information about your location will be passed automatically to emergency service personnel. 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, or death 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.
NOTICE OF LIMITATIONS FOR 911 CALLS. If you nonetheless 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.
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First, your location and any telephone number associated with your Sorenson VP-100® or VP-200® Videophone will not be automatically passed to emergency service personnel when you use Sorenson's IP-based Relay Services to place a 911 Call. Therefore, if you use Sorenson's IP-based Relay Services to place a 911 Call, it is critical that you be able to give the Sorenson interpreter your full address (as well as your name) so that help may be sent to you.
Second, if you use Sorenson's IP-based Relay Services to place a 911 Call, and 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.
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.
Finally, 911/E911 is only available for a call placed from a location within the United States or one of its territories or possessions.
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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, or (ii) 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.
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 accept such changes.
This Disclaimer was last updated and is effective as of July 22, 2008.
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