This 911 Disclosure Notice and Acknowledgement ("911 Acknowledgement") is agreed, acknowledged and accepted by Customer in connection with Customer's purchase and use of 911+. All 911+ Service is governed by the Punch Technologies, Inc. Terms of Service, which can be found at http://legal.punchalert.com/termsofuse.html ("Terms of Service"). Any capitalized terms not otherwise defined in this 911 Acknowledgement shall have the meanings ascribed to such terms in the Terms of Service. In the event of any conflict between this 911 Acknowledgement and the terms of Service, this 911 Acknowledgement takes precedence.
Non-Availability of Traditional 911 or E911 Calling Service: 911+ Service is an optional component for partner Voice over Internet Protocol ("VoIP") services ("Service"). 911+ Service enables Customers to communicate with emergency services by dialing 911. However, 911+ Service is different in important ways from traditional landline 911 and cellular/wireless 911, depending upon where Customer is located and the device used with the service. Most customers (including Softphone and Desktop app users) have access to either basic 911 or Enhanced (e911) service. The differences are detailed in this section 911 Acknowledgement and Customer agrees to notify any user or potential user of the Services who may place calls using Customer's Services of the 911 limitations described herein.
E911 Service - With e911 service ("e911 Service"), when a Customer dials 911, an assigned telephone number and the address assigned to the device placing the call are simultaneously sent to the local emergency center to enable emergency operators to send help and to call the Customer back, if necessary.
Basic 911 Service- Customers in locations in which the emergency center is not equipped to receive the Customer's telephone number and/or address have what's referred to as basic 911 ("Basic 911 Service"). With Basic 911 Service, the local emergency operator answering the call may not have the Customer's call back number and/or exact location. Therefore, Customer must be prepared to give his/her telephone number and address to the emergency operator. Until the Customer gives the requisite call back and location information to the emergency operator, the emergency operator may not be able to dispatch help or return the Customer's call. This is especially the case if the call is not completed or forwarded, is dropped or disconnected, or if the Customer is unable to speak. As local emergency centers become capable of receiving Customer's address and call back information, Punch Technologies, Inc. will automatically upgrade customers with Basic 911 service to e911 service. Punch Technologies, Inc. will not provide notice of the upgrade.
No Access to e911 or Basic 911 Service- Certain Customers do not have access to either e911 Service or Basic 911 Service. If Customer does not have access to Basic 911 service or e911 Service, the Customer's emergency call will be sent to the a national emergency call center. In such case, a trained agent at the emergency call center will ask the Customer for his/her name, telephone number and location and will then contact the local emergency center for such location in order to send help. Examples of situations where 911 calls will be sent to the a national emergency call center include when there is a problem validating a Customer's address, the Customer is identified with an international location (see section 2(b)), or the Customer is located in an area that is not covered by the 911 network.
Enhanced 911 - If a caller dials 911 in Canada their call is routed to a national call center, who has the caller's location information. Based on the caller's locations, the call is routed to the correct Public Switched Answering Point ("PSAP") with location information provided verbally.
Registered Location Required: Upon creation of the Customer account, Punch Technologies, Inc. initially assigns all extensions and devices to the physical street address provided by the Customer. In most cases, the registration process occurs in real-time. In some cases, the registration will be referred to a 911 provider for validation, which could take longer. Customer (i) acknowledges and understands that any location information passed to emergency personnel by 911+ will be based upon the physical location information provided by the Customer and (ii) agrees to promptly assist Punch Technologies, Inc. in validating a 911 location address that has been rejected by the 911 provider. Customer will receive a confirmation email when the 911 location has been validated for: (i) the initial registered location; and (ii) for any subsequent locations submitted by Customer.
Use of Service Outside The United States. Customer acknowledges that should a caller using the Service from outside the United States to call 911, the caller may be instructed to hang up and call their local service provider. Customer acknowledges that 911 may not be available outside the United States and that 911 service may be limited in comparison to traditional 911 service. For clarity, 911 service is available only in the 50 United States, District of Columbia and Canada and is not provided in any other US territory or in international locations.
Failure to Designate and Identify the Correct Physical Address: Customer's failure to provide and keep current Customer's correct physical location(s) may result in any 911 call or other emergency communication made by Customer or from Customer's actual location (if different from the location previously supplied to Punch Technologies, Inc. by Customer) being routed to the incorrect local emergency service provider. Most post office addresses are not eligible as a validated 911 location. Customer's physical location(s) may NOT a mail drop or similar address. Neither Punch Technologies, Inc. nor Customer shall assume under any circumstances that Customer's physical office location for E911 calling purposes is the same as Customer's billing address for receipt of invoices.
PUNCH TECHNOLOGIES, INC. SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH ANY FAILURE OF THE SERVICE, OR LACK OF AVAILABILITY TO REACH 911 SERVICES.
Power Failure or Disruption: Emergency dialing will not function in the event of a broadband, power or ISP Service failure or disruption. If there is an interruption in the power supply, a power surge or a power failure, the Service and emergency dialing will not function until power is restored. A power failure, power surge or power disruption may require Customer to reset or reconfigure equipment prior to using the Service or being able to make emergency 911 calls.
Service Suspension or Termination by Punch Technologies, Inc.: A Service outage or suspension (including, without limitation, suspension of Service due to billing issues or delinquent or unpaid invoices) or termination of Service by Punch Technologies, Inc. will prevent the ability to make emergency 911 calls.
Other Service Outages: If there is a Service outage for ANY reason, such outage will prevent the ability to make emergency 911 calls. Such outage may occur for a variety of reasons, including, without limitation, those reasons described elsewhere in this 911 Acknowledgement or the Terms of Service.
Automated Number Identification: Due to limitations at PSAPs, it may not be possible for the PSAP and the local emergency personnel to identify Customer's telephone number when Customer dials 911 via 911+ Service. PSAP and emergency personnel may be unable to identify Customer's telephone number in order to call Customer back in the event that an emergency call is unable to be completed, is dropped or disconnected, or if a caller is unable to speak to provide the telephone number from which the caller is calling, and/or if the Service is not operational for any reason including, without limitation, the reasons and situations listed elsewhere in this 911 Acknowledgement and the Terms of Service.
Automated Location Identification: Due to limitations at PSAPs, it may not be possible to transmit identification of the Customer physical location address to the PSAP and local emergency personnel for Customer's area when Customer or any caller at Customer's premises dials 911. A caller must state the nature of the emergency promptly and clearly, including the caller's specific physical location, as PSAP and emergency personnel may NOT have this information. PSAP and emergency personnel may not be able to find a caller's location if the call is unable to be completed, is dropped, or disconnected, or if the caller is unable to speak to provide the location from which the caller is calling and/or if the Service is not operational for any reason including, without limitation, those reasons and situations listed elsewhere in this 911 Acknowledgement and the Terms of Service.
Limitation of Liability and Indemnification: CUSTOMER ACKNOWLEDGES AND AGREES THAT PUNCH TECHNOLOGIES LIABILITY IS STRICTLY AND EXPRESSLY LIMITED FOR ANY SERVICE OUTAGE OR INABILITY TO COMPLETE EMERGENCY 911 CALLS FROM ANY CUSTOMER LINE OR CUSTOMER PREMISES OR TO ACCESS EMERGENCY SERVICE PERSONNEL. CUSTOMER SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS PUNCH TECHNOLOGIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LAWSUITS, LOSSES, DAMAGES, LIABILITY, FINES, PENALTIES, COSTS, AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES AND COSTS, ARISING FROM, OR RELATED TO, ANY ABSENCE, FAILURE, OR OUTAGE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, EMERGENCY 911 CALLING AND/OR INABILITY OF CUSTOMER OR ANY CUSTOMER EMPLOYEE, THIRD PERSON OR PARTY, OR USER OF VONAGE BUSINESS'S SERVICE TO BE ABLE TO CALL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL. IN NO EVENT SHALL PUNCH TECHNOLOGIES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES RELATED TO CUSTOMER'S (OR ANY CUSTOMER EMPLOYEE, AGENT, OR CONTRACTOR, OR THIRD PERSON OR THIRD PARTY OR USER OF PUNCH TECHNOLOGIES SERVICE) USE OF OR INABILITY TO USE 911+ SERVICES.