Last updated March 15, 2019
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE.
BY USING THE CLEARCAPTIONS SERVICE THROUGH CLEARCAPTIONS ENDPOINTS OR PRODUCTS YOU CERTIFY THAT YOU HAVE HEARING LOSS THAT NECESSITATES THE USE OF CAPTIONED TELEPHONE SERVICES. YOU FURTHER CERTIFY THAT YOU HAVE COMPLETED THE REGISTRATION AND SELF-CERTIFICATION REQUIREMENTS DESCRIBED IN THIS AGREEMENT. ADDITIONALLY, BY COMPLETING YOUR REGISTRATION, OPENING THE PACKAGE AND USING THE CLEARCAPTIONS PHONE, OR DOWNLOADING A CLEARCAPTIONS APPLICATION AND USING THE SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE AND IMMEDIATELY CALL CLEARCAPTIONS SUPPORT AT 1 (866) 868-8695 TO RETURN ANY PRODUCT OR PRODUCTS WHICH HAVE BEEN PROVIDED TO YOU, ALONG WITH ALL PACKAGE CONTENTS, PRIOR TO ANY USE OR FURTHER UNPACKAGING, OR UNINSTALL THE DOWNLOADED CLEARCAPTIONS APPLICATION
• The Service is available only to individuals who have a medically recognized hearing loss necessitating their use of the service.
• The Service is supported through the Federal Interstate TRS Fund.
• All calls either made or received from a ClearCaptions Endpoint must include a hearing-impaired person who needs captions to fully utilize the telephone. If a non-hard-of-hearing person uses your ClearCaptions Endpoint or if the user does not need captions to fully utilize the telephone, captioning must be turned off. (See User Guide for directions.)
• A non-hard-of-hearing person may not use the ClearCaptions Endpoint to make or receive phone calls with Captions on or enabled.
• Only individuals, including you, who have registered and completed a Self-Certification Form with ClearCaptions may use your ClearCaptions Endpoint with Captions on or enabled.
• Failure to provide correct information when you register for ClearCaptions or use the Service can lead to termination of your Service and possible prosecution.
This Agreement is between ClearCaptions LLC (referred to herein with its affiliates and licensors as “ClearCaptions”, “we”, “us”, “our”, or the “Company”) and you, the user of the Service (you are referred to herein as either “you”, “your”, or as the “User”). By activating or using the Service or any part thereof in any way, you agree to be bound by all of the terms and conditions of this Agreement, including, without limitation, the terms related to 911 emergency services.
The Company provides Internet Protocol Captioned Telephone Service (“IP Captioned Telephone Service” or “Captioning”), which may be accessed from Endpoints. The Service provides near real-time call captions of phone conversations for anyone hard-of-hearing or with any form of hearing loss. The Service may employ a communications assistant who, with the aid of speech recognition software, converts the other party’s spoken words into captioned text in an otherwise standard voice telephone environment. The basic specifications and functionality of the Service are further described on the Company’s website. The Company offers enabled Endpoints to access Captioning.
Before using the Products or Services, you must complete a Registration Form and a Self-Certification form on which you certify under penalty of perjury, that (i) You have a hearing loss that necessitates the use of a captioned telephone service; (ii) You understand that captioning may be provided by a live communications assistant who listens to the other party on the line and provides the text displayed on your phone or other Endpoints; (iii) You understand that the cost of the ClearCaptions calls is funded by the TRS Fund; and (iv) You will not permit persons who have not registered to use ClearCaptions captioned telephone service to make or receive captioned telephone calls using your registered IP captioned telephone service or device (“Self-Certification Form”).
1. DEFINITIONS AND DEFINED TERMS. As used in this Agreement, the following terms shall have the meanings set forth below:
“Agreement” means this Terms of Service Agreement.
“Captioning” has the meaning specified in the introductory paragraph hereto.
“ClearCaptions”, “we”, “us”, “our”, or the “Company” has the meaning specified in the introductory paragraph hereto.
“ClearCaptions Disabling Device” means any software, hardware or other technology, device or means (including any back door, time bomb, time out, drop dead device, software routine or other disabling device) used by ClearCaptions or its designee to disable your, or any of your users, access to or use of the Services automatically with the passage of time or under the positive control of ClearCaptions or its designee.
“ClearCaptions Materials” means the Firmware, Services, Software, Documentation and ClearCaptions systems and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans or reports, that are provided or used by ClearCaptions or any subcontractor in connection with the Services or otherwise comprise or relate to the Services or ClearCaptions Systems. For the avoidance of doubt, ClearCaptions Material includes any information, data or other content derived from ClearCaptions’ monitoring of your access to or use of the Services.
“ClearCaptions Mobile Application” (referred to herein as either “ClearCaptions Mobile Application” or as “Application”) means a downloadable application to install and use on wireless electronic devices owned or controlled by you, such as your smartphone or tablet, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions contained in this Agreement.
“ClearCaptions Phone” (referred to herein as either “ClearCaptions Phone”, “ClearCaptions Home”, or as “Blue” or as “Ensemble’) means a ClearCaptions-branded telephone to access the Service, includes all physical components of which the phone is constructed and all physical modifications, if any, includes all accompanying Firmware and Documentation.
“ClearCaptions Voice” (referred to herein as either “ClearCaptions Voice” or as “Voice”) means the Company’s branded service of VoIP to be used with ClearCaptions Phone or ClearCaptions Mobile Applications. (See section 6 for more details on the ClearCaptions Voice Service offering)
“ClearCaptions Web” means your access to and use of the web application on such devices strictly in accordance with the terms and conditions contained in this Agreement.
“Documentation” means any commercially available, general release version of any textual or graphic information or materials describing the service, the product, the software or its use, whether in print or digital form. Such as, user manuals, installation guides, training manuals, white papers, specifications, designs, configuration guides, reference material, FAQs, and issues documentation.
“Endpoints” (referred to herein as either “ClearCaptions Endpoints” or as “Endpoints”) means a ClearCaptions Phone, ClearCaptions Mobile Application, ClearCaptions Web Application and/or other ClearCaptions enabled end-point devices.
“Firmware” means all source code, object code, interfaces, content, fonts, upgrades, modified versions, firmware updates, additions and any data that came with the ClearCaptions Phone or is provided in association with this License Agreement or is later released as a firmware update.
“Harmful Code” means any software, hardware or other technology, device or means, including any virus, worm, malware or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system or network or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality or use of any data Processed thereby, or (b) prevent you or your users from accessing or using the Services or ClearCaptions Systems as intended by this Agreement. Harmful Code does not include any ClearCaptions Disabling Device.
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
“Losses” means any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.
“Permitted Use” means any use of the Services, solely in conjunction with the Endpoints, by you for your benefit solely in or for your personal use for any and all lawful purposes, subject to the limitations imposed on the Services as described in Section 3 of this Agreement and the references incorporated therein and subject to the restrictions further defined in Section 4 of this Agreement.
“Person” means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association or other entity.
“Product” means all of the brands, features, products including, but not limited to, as applicable, Endpoints, ClearCaptions Voice, technologies, apps, Software we offer, including your access to and use of the ClearCaptions’ websites and webpages, as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto and includes Ensemble, Ensemble 2, Blue, ClearCaptions mobile apps for iPhone, iPad, android and tablet and ClearCaptions’ website.
“Registration Form” means all the information collected as part of the registration process including, but not limited to, your full legal name, date of birth, last four digits of your social security number, address, and telephone number.
“Services” means the Products and all services rendered in association therewith, including, but not limited to, as applicable, TRS (including Captioning, and/or VCO services), the transcription of the audio into captions and the transmission of the captions to you, captioned calls and Voice service, or any other services ClearCaptions adds in the future.
“Software” means all source code, object code, interfaces, fonts, upgrades, modified versions, software updates, additions and any data that came with the Endpoints or is provided in association with this Agreement, or is later released as a software update, ClearCaptions Mobile Application, and all accompanying Documentation.
“Self-Certification Form” has the meaning specified in the introductory paragraph hereto.
“Third Party Materials” means materials and information, in any form or medium, including any open-source or other software, documents, data, content, specifications, products, equipment or components of or relating to the Services that are not proprietary to ClearCaptions.
“TRS” means Telecommunication Relay Services.
“User”, “you” or “your” has the meaning specified in the introductory paragraph hereto.
“VCO” means voice carry over.
“VoIP” means voice over Internet protocol.
2. SELF-CERTIFICATION AND COMPLIANCE WITH FCC REGULATIONS. The use of the Products and Services is strictly governed by the Federal Communications Commission (the “FCC”), including, but not limited to, the rules and regulations contained in 47 C.F.R. §§ 64.601 – 64.606. All regulations can be found at www.fcc.gov. With the exception of certain regulatory fees and taxes that we may impose under Section 5(d), our Services, including TRS, VCO, captioning services and ClearCaptions Voice, are provided at no cost to you as long as you have a medically recognized hearing disability or impairment. You certify that you have hearing loss that necessitates the use of a captioned telephone service. You further certify that you have completed the Registration Form and the Self-Certification Form. Our providing of the Services to you at no cost is contingent upon your status as hearing impaired as just described. Should your status change for any reason, you agree to immediately inform us and discontinue your use of the Products and Services. Additionally, we reserve the right to terminate or restrict your account access for breach of any terms contained in this Agreement.
3. LICENSE AND PERMITTED USES.
a) License: Subject to your compliance with this Agreement and the accuracy of your certifications in Section 2 above, we hereby grant you a limited, non¬exclusive, non-assignable, revocable license to use the Firmware on a ClearCaptions Phone and/or to use the Software on the applicable Endpoints. This license does not authorize your use of the Firmware on any other brand of phone or captioning device, or to copy the Firmware to any other device, computer or other means of electronic data storage, including, but not limited to, a flash drive, a hard disk and/or CD-ROM. This license likewise does not authorize you to copy the ClearCaptions Mobile Application or Software to any other device, computer or other means of electronic storage, including, but not limited to, a flash drive, a hard disk and/or CD-ROM.
b) Updates: We will provide you with any Firmware or Software updates, as may be released from time to time, for free. You are granted a limited, nonexclusive, non-assignable, revocable license to automatically receive these updates to the ClearCaptions Endpoints, as applicable, licensed to you, subject to the restrictions contained herein. You are not permitted to update or restore Firmware on any other ClearCaptions Phone or to make Firmware available or accessible to any third party. These updates and releases may not provide all of the options and features available on earlier released ClearCaptions Phone models or, as applicable, Endpoints.
d) Reservation of Rights: Nothing in this Agreement grants any right, title or interest in or to (including any license under) any Intellectual Property Rights in or relating to, the Services, ClearCaptions Materials or Third Party Materials, whether expressly, by implication, estoppel or otherwise. All right, title and interest in and to the Services, the ClearCaptions Materials and the Third Party Materials are and will remain with ClearCaptions and the respective rights holders in the Third Party Materials.
e) Limitations and Restrictions. You shall not, and shall not permit any other Person to, access or use the Services or ClearCaptions Materials except as expressly permitted by this Agreement and, in the case of Third-Party Materials, the applicable third-party license agreement. For purposes of clarity and without limiting the generality of the foregoing, you shall not, except as this Agreement expressly permits:
i. copy, modify or create derivative works or improvements of the Services or ClearCaptions Materials;
ii. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or ClearCaptions Materials or Endpoints to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
iii. reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services or ClearCaptions Materials, in whole or in part;
iv. bypass or breach any security device or protection used by the Services or ClearCaptions Materials or access or use the Services or ClearCaptions Materials other than pursuant to the terms of this Agreement;
v. input, upload, transmit or otherwise provide to or through the Services or ClearCaptions systems, any information or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Code;
vi. damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, ClearCaptions systems or ClearCaptions’ provision of services to any third party, in whole or in part;
vii. remove, delete, alter or obscure any trademarks, Documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Services or ClearCaptions Materials, including any copy thereof;
viii. access or use the Services or ClearCaptions Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party, or that violates any applicable law;
ix. access or use the Services or ClearCaptions Materials for purposes of competitive analysis of the Services or ClearCaptions Materials, the development, provision or use of a competing software service or product or any other purpose that is to the ClearCaptions’ detriment or commercial disadvantage;
x. access or use the ClearCaptions Voice with any other product or service except the ClearCaptions Services;
xi. interfere, disrupt, block, degrade or otherwise impair updates transmitted to ClearCaptions Endpoints or the functionality that enables Endpoints to determine whether Software updates are needed or other transmissions and connections between Endpoints and ClearCaptions gateways; or
xii. otherwise access or use the Services or ClearCaptions Materials beyond the scope of the authorization granted under this Section 3(e).
f) Termination of Services. ClearCaptions reserves the right to terminate the Services and reclaim all of the related equipment used in connection with the Services for any violation of Section 3(e) of this Agreement or for violation any other material term of this Agreement.
g) ClearCaptions Intellectual Property Rights. All right, title and interest in and to the Services and ClearCaptions Materials, including all Intellectual Property Rights therein, are and will remain with ClearCaptions and the respective rights holders in the Third-Party Materials. You have no right, license or authorization with respect to any of the Services or ClearCaptions Materials (including Third-Party Materials) except as expressly set forth in Section 3(c) or the applicable third-party license, in each case subject to Section 3(e). All other rights in and to the Services and ClearCaptions Materials (including Third-Party Materials) are expressly reserved by ClearCaptions and the respective third-party licensors.
4. COMPLIANCE WITH RELEVANT LAWS.
a) General Use of Services. You agree to use the ClearCaptions Products and Services in compliance with all applicable laws, including: (a) FCC regulations; and (b) the laws of the state, country, or region where you (i) reside, (ii) lawfully obtained the ClearCaptions Products, (iii) download updates, and/or (iv) use the ClearCaptions Products. This specifically includes ensuring that ClearCaptions Endpoints with captions on or enabled are not used by a non-hearing impaired person, any other person who does not need captioning, or any person who has not registered to use ClearCaptions captioned telephone service.
b) Caption Recording. The ClearCaptions Endpoints include a feature that saves captioning from a conversation. The saved captioning is stored on the Endpoint running the Application. The resulting caption record is accessible to you, but it is not accessible by us. You acknowledge and agree that state law in many jurisdictions requires consent from all parties to a telephone conversation or other two-way voice communication before lawfully recording such conversations. You acknowledge and agree further these laws may apply if any party to a communication is located in such a state, even if you are not. You agree that you bear sole responsibility for using the saving feature in compliance with all applicable laws, including obtaining consent where required by state law or turning off the feature, and you agree to indemnify and hold harmless ClearCaptions from all liability for any use of the caption storing feature.
c) You agree not to use the Services to engage or participate in communications or conduct of an abusive, pornographic, lewd, obscene, harassing, fraudulent or unlawful nature while using the ClearCaptions Products or Services.
d) You agree not to behave in an abusive, harassing, aggressive or threatening manner toward ClearCaptions representatives that you encounter during the course of installation, use or maintenance of the ClearCaptions Products or Services.
e) You agree to use the ClearCaptions Endpoints exclusively to engage in communication with one or more individuals, in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services by wire or radio. You agree not to use the ClearCaptions Endpoints for any other purpose. In the event that we believe that you are not using the Services to engage in communication with one or more individuals, in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services by wire or radio, we may immediately cease captioning and, upon 14 days’ prior written notice, cease providing ClearCaptions Voice for violation of this Agreement.
5. CLEARCAPTIONS VOICE. This Section 5 applies only to Users who download and/or use the ClearCaptions Products in conjunction with the ClearCaptions Voice Service.
a) Assigned Telephone Numbers. ClearCaptions has partnered with a VoIP provider to provide services through use of applicable Endpoints. We will use our best efforts to secure a phone number with an area code closest to your physical location that is located in any of the 50 U.S. states and the District of Columbia. We reserve the right to reclaim abandoned Ten-digit Numbers (“TDN”) that were assigned to a registered User. Once a TDN is reclaimed we cannot guarantee that a particular TDN can be provisioned to you subsequently.
b) Porting. When you sign up to use ClearCaptions Voice, you will receive an associated 10-digit phone number. You will be able to transfer (or “port”) the ClearCaptions 10-digit phone number assigned to you to a provider other than ClearCaptions consistent with FCC regulations. If you determine your number has been ported out without your authorization please contact ClearCaptions Customer Support by calling 1 (866) 868-8695 or by sending an email to firstname.lastname@example.org.
c) Voicemail. ClearCaptions Voice offers voicemail box functionality. Your voicemail box can only hold a limited amount of messages. If your voicemail box is full, you will be notified. Callers trying to leave a voicemail when your voicemail is full won’t be able to leave a voicemail until you erase some messages. We are not liable for missed or deleted voicemails or other messages that gets lost or are delayed in delivery or for partial or total non-performance of any voicemail service.
d) Regulatory Fees and Taxes. We may be required to make contributions to the Universal Service Fund (“USF”) or pay other regulatory fees and taxes, including 911 surcharges. We reserve the right to recover these fees and taxes directly from you by billing you these charges consistent with relevant law. Should we choose to execute that right, you will be provided prior notice before any such charges are billed and/or collected. You can cancel your service at any time, with no charge, but if you fail to cancel after receiving prior notice of such charges, you agree to pay any charges imposed by us to recover our costs.
6. EMERGENCY CALLS AND 9-1-1 DIALING. CLEARCAPTIONS RECOMMENDS THAT YOU MAINTAIN AN ALTERNATIVE MEANS OF MAKING AN EMERGENCY CALL TO 911 (FOR EXAMPLE, THROUGH A TRADITIONAL TEXT TELEPHONE OR, IF A TTY IS NOT AVAILABLE, A STANDARD TELEPHONE). DIALING 911 FROM A TTY OR TRADITIONAL PHONE REMAINS THE MOST RELIABLE AND FASTEST METHOD OF REACHING EMERGENCY RESPONSE PERSONNEL. 911 CALLING USING CLEARCAPTIONS PRODUCTS DIFFERS IN IMPORTANT WAYS THEN FROM PLACING 911 CALLS FROM TRADITIONAL WIRELINE TELEPHONE OR TTY SERVICES. THIS SECTION PROVIDES IMPORTANT INFORMATION ABOUT SUCH LIMITATIONS:
• GENERAL LIMITATIONS APPLICABLE TO ALL CLEARCAPTIONS PRODUCTS: PLACING A 911 CALL USING A CLEARCAPTIONS PRODUCT IS SUBJECT TO THE FOLLOWING LIMITATIONS (A) WE CANNOT GUARANTEE THAT A CONNECTION WILL BE ESTABLISHED ENABLING THE PLACING OF EMERGENCY CALLS; (B) 911 CALLING WILL NOT BE FUNCTIONAL IF YOUR BROADBAND CONNECTION IS NOT FUNCTIONAL FOR ANY REASON OR ANY OF YOUR ENDPOINTS CANNOT ACCESS A BROADBAND INTERNET CONNECTION AT THE TIME THE CALL IS ATTEMPTED; (C) 911 CALLING MAY NOT BE AVAILABLE IF THERE IS A POWER OUTAGE ASSOCIATED WITH YOUR BROADBAND CONNECTION OR YOUR ENDPOINTS; (D) 911 CALLING WILL NOT BE AVAILABLE IF YOUR SERVICES ARE CANCELLED, TERMINATED OR SUSPENDED BY CLEARCAPTIONS FOR ANY REASON; (E) YOUR 911 CALL MAY BE DELAYED OR NOT TRANSMITTED AS RAPIDLY AS THOSE TRANSMITTED USING A TRADITIONAL WIRELINE PHONE OR TTY SERVICE; (F) IF A CONNECTION IS ESTABLISHED, SUCH CONNECTION MAY NOT BE TO THE GEOGRAPHICALLY APPROPRIATE EMERGENCY CALLING CENTER (G) IF A CONNECTION IS ESTABLISHED, YOUR ACTUAL LOCATION INFORMATION MAY NOT BE AVAILABLE TO THE EMERGENCY CALL TAKER; (H) IF A CONNECTION IS ESTABLISHED, THE INCORRECT ADDRESS MAY BE AUTOMATICALLY PROVIDED TO THE EMERGENCY CALL TAKER; (I) IF A CONNECTION IS ESTABLISHED, CAPTIONING SERVICES MAY SLOW THE RESPONSE TIME OR THE RELAY OF EMERGENCY INFORMATION; (J) THE EMERGENCY CALL TAKER OPERATIONS CENTER MAY NOT HAVE THE CAPABILITY TO RECEIVE EITHER REGISTERED 911 LOCATION INFORMATION ASSOCIATED WITH YOUR ACCOUNT OR AUTOMATIC LOCATION INFORMATION WHEN USING THE CLEARCAPTIONS PRODUCTS; AND (J) IF YOUR ENDPOINTS USED TO PLACE 911 CALLS MALFUNCTION FOR ANY REASON, YOU MAY NOT BE ABLE TO PLACE 911 CALLS, YOUR REGISTERED 911 LOCATION OR AUTOMATIC LOCATION INFORMATION MAY NOT TRANSMIT OR YOU MAY NOT BE ABLE TO RECEIVE A CALL BACK FROM AN EMERGENCY CALL TAKER.
• User-Provided Registered 911 Location. To ensure your 911 call is routed to the proper emergency response center and to ensure that the emergency response personnel can send help to your physical location in any of the 50 U.S. states and the District of Columbia, ClearCaptions needs to obtain the address from which you are placing the emergency call (“Registered 911 Location”). You are responsible for providing ClearCaptions an up-to-date Registered 911 Location. If you fail to do so, we may not be able to obtain your location information and route your call to the appropriate emergency center or provide your physical location. If you change your Registered 911 Location, you must update ClearCaptions with your new Registered 911 Location. If ClearCaptions is not able to validate the new Registered 911 Location, you will not be able to submit the provided address and it could take as long as up to several business days to activate 911 service at the provided address. If a 911 emergency call is made prior to activation, then your call and the Registered 911 Location information may not be automatically routed to the appropriate emergency personnel. You can inform ClearCaptions of your initial or new Registered 911 Location by calling 1 (866) 868-8695. You can also update your Registered 911 Location directly through either the ClearCaptions mobile app or directly through your Blue phone.
• Single-number Feature may Interfere with 911 Call-back. Due to the nature of the single-number feature enabled with the ClearCaptions Endpoints, someone else may answer an inbound call from emergency call-takers prior to you, interfering with your ability to receive a 911 call-back. The single-number feature is designed to ring on multiple ClearCaptions Endpoints simultaneously, provided that such ClearCaptions Endpoint are associated with your Service. Emergency personnel may not be able to reach you if one of your other ClearCaptions Endpoints (that is utilizing the single-number feature) is answered prior to you answering the device from where the 911 call was placed.
• 911 Available Only in the U.S. 911/E911 calling functionality for all ClearCaptions Products is available only for calls placed from a location in any of the 50 U.S. states and the District of Columbia.
• 911 Calling on a Mobile Platform. By using the ClearCaptions Voice service on a mobile platform, or any part thereof in any way, you grant us permission to share your location with emergency response personnel. Your location may be automatically detected when your Endpoints are running the ClearCaptions Voice service and we may transmit that information to emergency call takers or we may transmit your Registered 911 Location information. We cannot know with certainty which location will be transmitted with such calls. We will attempt to route your call to the geographically appropriate emergency call center based on your location information but if we rely on your Registered 911 Location and that is different than your actual location, your 911 call may be routed to the incorrect emergency call center. It is also possible that your call may be routed to a 911 administrative center. Such center will only have access to your Registered 911 Location which may not be your actual location and may not have access to your call-back telephone number. Additionally, such 911 administrative centers will not be the geographically appropriate emergency call center that will likely result in the delay of dispatching emergency first responders.
• Mobile Device Location Setting. Your location can only be detected when your device location setting is enabled. This allows us to determine your devices’ location using a combination of global positioning service (GPS), nearby wireless access points, cell towers, and/or your IP address. Depending on the capabilities of your device, the capabilities of the underlying wireline or wireless networks, and/or the emergency call center, your device’s automatic location can be determined with varying degrees of accuracy. NOTE THAT EVEN IF THIS FUNCTIONALITY IS ENABLED, WE MAY STILL ROUTE YOUR CALL BASED ON THE REGISTERED 911 LOCATION FOR A VARIETY OF REASONS.
• Wi-Fi Only Mobile Devices. AUTOMATIC LOCATION INFORMATION MAY NOT BE AVAILABLE TO US WHEN USING SUCH DEVICES OR THE LOCATION INFORMATION TRANSMITTED MAY BE ASSOCIATED WITH THE WI-FI ACCESS POINT RATHER THAN YOUR ACTUAL DEVICE. IN THE EVENT THAT THE LOCATION INFORMATION IS UNAVAILABLE WE WILL ONLY USE YOUR REGISTERED 911 LOCATION FOR ROUTING 911 CALLS AND FOR PROVIDING AUTOMATIC LOCATION INFORMATION TO EMERGENCY CALL TAKERS.
You acknowledge and agree that ClearCaptions, when providing access to emergency communications services through any of ClearCaptions Products or Services, intends to limit its liability and immunize ClearCaptions from all liability of the same scope and extent that is equivalent to the scope and extent of immunity or other protection from liability afforded any local exchange carriers under federal and applicable state law (whether through statute, judicial decision, tariffs filed or posted by local exchange carriers, or otherwise).
7. GENERAL DISCLAIMER OF WARRANTIES. ALL SERVICES, CLEARCAPTIONS PRODUCTS AND CLEARCAPTIONS MATERIALS ARE PROVIDED “AS IS” AND CLEARCAPTIONS HEREBY DISCLAIMS, EXCEPT AS PROVIDED IN SECTION 8 OF THIS AGREEMENT, ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, INCLUDING BUT NOT LIMITED TO 911 OR OTHER EMERGENCY CALLING OR CALL-BACK FUNCTIONALITY, OR PROVIDER MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. NO EMPLOYEE, AGENT, DEALER OR DISTRIBUTOR IS AUTHORIZED TO MODIFY THIS LIMITED WARRANTY, OR TO MAKE ANY ADDITIONAL WARRANTIES. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE FULLEST EXTENT ALLOWED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD OF THIRTY (30) DAYS OR SUCH LONGER PERIOD IF REQUIRED BY RELEVANT LAW AND SHALL BE SUBJECT ONLY TO THE LIMITED REMEDIES REQUIRED BY RELEVANT LAW.
THE SERVICES ARE BASED IN THE STATE OF CALIFORNIA IN THE UNITED STATES AND PROVIDED FOR ACCESS AND USE ONLY BY PERSONS LOCATED IN THE UNITED STATES. YOU ACKNOWLEDGE THAT YOU MAY NOT BE ABLE TO ACCESS ALL OR SOME OF THE SERVICES OUTSIDE OF THE UNITED STATES AND THAT ACCESS THERETO MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL LAWS.
8. SATISFACTION GUARANTY AND LIMITED WARRANTY. This Section 8 is subject to the limitations provided for in Section 12.
a) Limited Warranty for ClearCaptions Products. If for any reason you are not completely satisfied with the ClearCaptions Products, you may request a refund of amounts you actually paid for your ClearCaptions Phone (if any) by notifying us in writing within thirty (30) days from the date of activation of your account, which notice must provide the following: (a) Your name and contact information; (b) activation date of your account; and (c) the reason for the request for a refund. This request must be accompanied by return of the ClearCaptions Phone, undamaged and in good condition, or by providing a signed and dated letter that you have uninstalled the ClearCaptions Application and/or Software, as applicable (“Returned Product”). Upon refund of your payment (if any) for the Returned Product, you acknowledge and agree that this Agreement will be deemed to have automatically terminated as applied to the Returned Product. Thereafter, any further use of the Returned Product in connection with the Service will be unauthorized and an infringement of our intellectual property rights.
b) Limited Warranty for ClearCaptions Phones. We warrant that for a period of one (1) year (“Warranty Period”) after delivery of the ClearCaptions Phone to you, and under normal use by the original end-user purchaser that the ClearCaptions Phone shall be free from defects in materials and workmanship under normal use, provided that of ClearCaptions reserves the right to exclusively determine how to repair any defective phones during the Warranty Period which may include, repair or replacement of the ClearCaptions Phone with a new or refurbished device. In the event there are FCC regulations which prevent ClearCaptions from issuing you a replacement ClearCaptions Phone, ClearCaptions may provide you with a different ClearCaptions model as a replacement.
c) Scope of Limited Warranty for ClearCaptions Phones. This warranty applies only to defects in factory materials and factory workmanship. Any condition caused by accident, abuse, misuse or improper operation, violation of instructions furnished by ClearCaptions, destruction or alteration, improper electrical voltages or currents, or repair or maintenance attempted by anyone other than ClearCaptions or an authorized service center, is not a defect covered by this warranty. Telephone companies manufacture different types of equipment and ClearCaptions does not warrant that its equipment is compatible with the equipment of a particular phone company. This limited warranty applies only to the ClearCaptions Phone and not to any third-party products, even if the product is sold with or packaged with ClearCaptions branded products. In so far as permitted by law, the ClearCaptions Phone is provided “as is”. In the case of any inconsistencies between the Blue warranty found in the box and this limited warranty, this limited warranty will control. We may update this limited warranty at any time, and we will post such updates. Using the ClearCaptions Phone after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the ClearCaptions Phone.
9. LIMITATION OF LIABILITY: EXCEPT FOR CLEARCAPTIONS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL PROVIDER OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES, (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR (d) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF CLEARCAPTIONS AND ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED SIX (6) MONTHS OF THE FEES ACTUALLY PAID BY YOU. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
10. INDEMNIFICATION. You shall indemnify, defend and hold harmless ClearCaptions and its subcontractors and affiliates, and each of its and their respective officers, directors, employees, agents, successors and assigns (each, a “ClearCaptions Indemnitee”) from and against any and all Losses arising out of or relating to any claim, suit, action or proceeding incurred by such ClearCaptions Indemnitee (other than an affiliate of a ClearCaptions Indemnitee) that arise out of or relate to any: (a) processing of your data or information in accordance with this Agreement; (b) your non-compliance with any specifications or directions associated with any Endpoints or other equipment made available to you by ClearCaptions; (c) allegation of facts that, if true, would constitute Customer’s breach of any of its representations, warranties, covenants or obligations under this Agreement; or (d) negligence or more culpable act or omission (including recklessness or willful misconduct) by you, any Users, or any third party on behalf of Customer or any Authorized User, in connection with this Agreement.
11. NO ASSIGNMENT. You may not assign this Agreement to any other Person. Any attempted assignment in violation of this Section is null and void.
12. LIMITED REMEDIES. In lieu of obtaining a refund for payments (if any) actually made to ClearCaptions for equipment to use in connection with the Service under the satisfaction guaranty described in Section 8 above, if a product defect arises with respect to the ClearCaptions Phone and a valid claim is received within the ninety (90)-day period from the activation of your account, our entire liability and your exclusive remedy with respect to the ClearCaptions Phone shall be:
• the repair or replacement of any non-conforming ClearCaptions Phone not meeting our Limited Warranty which is returned to our customer care department within the Warranty Period with a copy of your receipt; and
• we may replace any non-conforming ClearCaptions Phone with a with a new or refurbished ClearCaptions Phone similar in functionality or user capabilities, the selection of which replacement ClearCaptions Phone to issue will be at our discretion and based upon our available ClearCaptions Phone replacement inventory; or
• if we are unable to repair or deliver a replacement ClearCaptions Phone that is free of defects in materials or workmanship, you may terminate this Agreement by returning the ClearCaptions Phone, upon which a refund of your ClearCaptions Phone, if applicable, will be processed.
The replacement ClearCaptions Phone or replacement part(s) are subject to the remaining warranty term for the original ClearCaptions Phone. The original ClearCaptions Phone, as well as any replacement ClearCaptions Phone or parts, will remain our property. When a refund is given, the ClearCaptions Phone for which the refund is given must be returned to us. Any repairs attempted or made to the ClearCaptions Phone by someone other than us may void all applicable ClearCaptions Phone warranties.
In lieu of obtaining a refund for payments (if any) actually made to ClearCaptions for equipment to use in connection with the Service under the satisfaction guaranty described in Section 8 above, if a Product defect arises with respect to the ClearCaptions Mobile Application and a valid claim is received within the ninety (90)-day period from the activation of your account, our entire liability and your exclusive remedy with respect to the ClearCaptions Mobile Application, shall be the replacement or modification of any such non-conforming Application or Software not meeting our limited warranty described in Section 9 above; provided, however, that if we are unable to replace or modify the Application or Software, you may terminate this Agreement by uninstalling the ClearCaptions Mobile Application from your device.
13. WRITTEN OFFER FOR THIRD PARTY SOURCE CODE. The Firmware and Software includes code developed by third parties, including software code subject to GNU General Public License (“GPL”) or GNU Lesser Public License (“LGPL”). The GPL and LGPL code, and all other third-party code, used in the ClearCaptions Products and Software is distributed WITHOUT ANY WARRANTY and is subject to the copyrights of one or more authors. For details, see the GPL code and the LGPL code for this product and the terms of the GPL and LGPL, which are available through the written offer described below.
Also, this product includes third party software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)
As applicable, the terms of the GPL, LGPL and OpenSSL, and information about obtaining access to the GPL, LGPL, OpenSSL code used in this product, are available by sending a letter to us.
Where such specific license terms entitle you to the source code of such software, we will provide, upon written request via traditional paper mail, the applicable GPL, LGPL and OpenSSL source code files via CD-ROM for a nominal cost to cover shipping and media charges as allowed under the GPL, LGPL and OpenSSL.
Please direct all inquiries to: ClearCaptions, Attn: ClearCaptions Source Code Request, 3001 Lava Ridge Court, Suite 100, Roseville, California 95661.
14. GOVERNMENT END USERS. The ClearCaptions Products and Services are, respectively, “Commercial Items,” “Commercial Computer Software” or “Computer Software Documentation,” as such terms are used in 48 C.F.R. §§2.101, 12.212, 227.7202, and consistent therewith, the foregoing are being licensed to U.S. Government end users only as Commercial Items and only with the same rights granted to all other end users, pursuant to the terms and conditions provided herein. Unpublished-rights are reserved under the copyright laws of the United States.
15. PRIVACY. The protection of your private information is very important to us and we will only use and disclose it for the purposes described in this Agreement. We provide Telecommunications Relay Services under the regulatory rules of the FCC. These services are regulated by the FCC to ensure that the privacy of your telecommunications is strictly enforced. We take the privacy of your telecommunications very seriously. To the extent that any consent to disclosure of customer information set forth above in this Section 15 is inconsistent with ClearCaptions’ obligations under applicable law, we will adhere to the requirements of applicable law.
a) User Account. In order to use the ClearCaptions Products or Services, you will need a User account. The creation of your User account will require you to disclose personal and private information, which will be exchanged electronically with us over the Internet. All of your contacts and photographs, when saved by you to your account, will also be stored on our servers and be accessible to us. You agree to provide accurate and complete information when creating your User account or when providing us with personal information for any other reason.
b) Service-Related Information. We may also collect information from you and about you through your use of the Services. This information is needed for us to provide you with the Services and to seek compensation for the Services from the TRS Fund. This information will be used also to assess and improve the ClearCaptions Products and Services. By your use of the ClearCaptions Products or Services, you agree that we may use your information to assess and improve our Services. You also authorize us to use your information to provide you with marketing materials regarding other goods and services.
c) Call Monitoring. Our Services require individuals, including our representatives and agents, to listen to and transcribe the incoming audio portion (one side) of your telephone conversations. In order to do this, the incoming audio portion of your telephone call audio will be transmitted to us, or our third-party contractors, for transcription and captioning. To protect your privacy, neither the audio transmission nor transcription of the call will be retained by us or our third-party contractors. By using the Services, you agree to the transmission of the incoming audio portion of your telephone call audio to us or our agents and waive any rights you may have under applicable law restricting the same. To the extent permitted by law, you waive all privacy laws governing telephone communications and monitoring of the same.
d) Providing Information to Authorities and Third Parties. If we believe that you have used the ClearCaptions Endpoints or related Services for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, you hereby agree that we may disclose your name, telephone number, credit card information and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, IP address, email address, registered 911 address, automatic locations information, other data related to location and all other account information, as follows: (a) in response to law enforcement or other governmental agency request; (b) As required by law, regulation, rule, subpoena, search warrant, or court order as we determine and subject to our sole discretion; (c) as necessary to identify, contact, or bring legal action against someone who may be misusing the Products, Software or the Services; (d) to protect ClearCaptions’ rights and property; or (e) in emergency situations where we reasonably believe that disclosure of such information is necessary to protect ClearCaptions customers, you or third parties from imminent harm. In the event that ClearCaptions is considering a sale, partial or complete, asset transfer, partial or complete, or other financing matters, certain information we possess concerning you may be accessed, disclosed and processed by third parties but, in such cases, pursuant to a written agreement that limits such access, disclosure and processing.
16. CUSTOMER PROPRIETARY NETWORK INFORMATION. In the course of providing our Services to you through a ClearCaptions Endpoint, we collect and maintain certain customer proprietary network information (“CPNI”) in accordance with the rules and regulations of the FCC. CPNI includes the types of services you currently purchase and related usage and billing information for those services. Your telephone number, name, and address are not CPNI. We value our relationships with our customers and are committed to respecting and protecting your CPNI. Accordingly, we have developed safeguards for the use of your CPNI , and we do not sell, trade, or share your CPNI except as authorized by you or required by law or as provided by Section 15.
We may also use or disclose your CPNI to other authorized companies to offer you products and services that may be different from the types of services you already use. We ask for your consent to do this during your registration process. At any time you may choose to opt out of this use of your CPNI for marketing purposes. You have the right to deny any TRS provider the right to use, disclose or permit access to your CPNI for certain marketing purposes, and TRS providers have a duty under federal law to honor your right to protect the confidentiality of your CPNI.
If you wish to restrict our use of your CPNI for marketing purposes, you may do the following:
(1) Log in at my.clearcaptions.com, go to the ‘CPNI Opt In’ section of your user profile (My Account), and uncheck the CPNI Opt-in checkbox; or
(2) On the ClearCaptions Phone (excluding the Ensemble) navigate to the ‘My Account’ section in Settings, logging in, and unchecking or toggling off CPNI from the CPNI section.
Alternatively, you may call ClearCaptions Customer Care at 1 (866) 868-8695.
Your approval or denial of our use of your CPNI for marketing purposes will not affect the provision of the Services to you; however, the lack of access to your CPNI may prohibit ClearCaptions and its affiliates or authorized companies from offering you new or different services that may be of interest to you and tailored to your needs. Your approval or denial of our use of your CPNI for marketing purposes will stay in place until you change it.
17. TERM AND TERMINATION. This Agreement takes effect upon your operation of the ClearCaptions Products or Services and remains effective until termination of the same. You may terminate this Agreement at any time by returning to us the ClearCaptions Phone and destroying all copies of the Firmware and Documentation in your possession (if not returned with the ClearCaptions Phone) or by uninstalling the ClearCaptions Application.
This Agreement will also automatically terminate if you fail to comply with any term or condition of this Agreement, provided that with respect to your voice service, you will receive written notice of such termination and will be provided 14 days’ notice or such period as identified on the notice we send to you. You agree on termination of this Agreement to return the ClearCaptions Phone, including the Firmware and Documentation, to us and to destroy any copies of the Firmware and/or Documentation not returned, and to uninstall the ClearCaptions Application.
18. CONFIDENTIALITY. ClearCaptions Products, Services, and the intellectual property rights and proprietary know-how with respect thereto, belong to us and it is being made available to you based upon your promise not to reverse engineer or in any other way attempt to discover and/or disclose the ClearCaptions Products’ proprietary information. YOU AGREE NOT TO DISCLOSE ANY PROPRIETARY INFORMATION DERIVED FROM THE CLEARCAPTIONS PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE CONSTRUCTION, COMPONENTS, ALGORITHMS, PROTOCOLS AND INTERFACES OF THE CLEARCAPTIONS PRODUCTS.
20. FORCE MAJEURE. In no event will ClearCaptions be liable or responsible to you, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any payment obligation), when and to the extent such failure or delay is caused by any circumstances beyond ClearCaptions’ reasonable control (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.
21. GENERAL PROVISIONS.
b) Material Changes. In the event that we make a material change to this Agreement, such material change will not become effective until thirty (30) days after we provide you with notice of such material change. We will post material changes to this Agreement to the following website: https://clearcaptions.com/terms/. We will also provide specific notice to you by sending notice of the material changes to this Agreement to the email and postal addresses we have on record for you. We will also post notice of material changes in the account portal. You must notify us that you do not agree to any material changes prior to the expiration of the thirty (30) day period in conformity with the process we define when alerting you to such material change; otherwise, you will be deemed to have consented to the material changes.
c) Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
d) Choice of Law and Attorneys’ Fees. This Agreement is governed by the laws of the State of California without giving effect to any choice or conflict of law’s provisions or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California. In the event of litigation between you and us concerning the ClearCaptions Products or Services, or the terms and conditions of this Agreement, the prevailing party in the litigation will be entitled to recover attorneys’ fees and expenses from the other party.
e) No Third Party Beneficiaries. Except for a party’s indemnification obligations, this Agreement is for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
f) Cumulative Remedies. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.
g) Interpretation. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
h) Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
i) Exclusions. This Agreement shall not be governed or controlled by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly
j) Third Party Materials. Portions of the ClearCaptions Products and Services may utilize other third-party components, software, services and other patented or copyrighted materials. Acknowledgements, licensing terms and disclaimers for such materials are available upon written request, directed as follows: ClearCaptions, Attn: ClearCaptions Customer Care, 3001 Lava Ridge Court, Suite 100, Roseville, California 95661. Your use of such material is governed by their respective terms and, to the extent that same is not prohibited by local law in your jurisdiction, you agree to these terms by your use of the Products or Services.
ACCEPTABLE USE POLICY – CLEARCAPTIONS VOICE SERVICE
ClearCaptions (“we” or “us”) has prepared this Acceptable Use Policy (this “Policy”) to help you, our customer, understand the intended and permissible uses of our service, and to prevent exploitation, fraud, and abuse of our interconnected VoIP service. Capitalized terms used, but not otherwise defined, in this Policy have the meanings given to them in our Terms of Service agreement, as set forth above (“Agreement”).
ClearCaptions’ Voice is intended for use in connection with the Internet Protocol Captioned Telephone Service (“IP CTS”) that ClearCaptions provides, which is a TRS product that provides captioning for telephone calls for individuals with hearing loss. ClearCaptions offers its interconnected VoIP service only to those individuals that are eligible to use ClearCaptions’ IP CTS service and only for use on an individual’s Endpoints. Subject to this Policy, ClearCaptions allows unlimited calling to and from landline and mobile telephone numbers in the United States only. For a full list of calling plans, please visit www.clearcaptions.com. ClearCaptions reserves the right to change its calling plans at any time. ClearCaptions’ Voice service is intended for individual use only in accordance with our Agreement, and is not transferable.
It is not permissible to use ClearCaptions Voice service in any way that is inconsistent with individual use, including any of the following:
• By or for others who are not eligible IP CTS users;
• For telemarketing or operating a call center;
• For calling numbers (whether singly, sequentially, or automatically) to generate income for yourself or others as a result of placing the call, other than for your individual business communications;
• To resell voice service to others; or
• Without live dialog, including use as a monitor, intercom, or for transcription purposes other than for eligible IP CTS calls.
Other practices may be relevant in determining whether certain uses are permissible. For avoidance of doubt, you are expressly permitted to use ClearCaptions Voice service, including but not limited to ClearCaptions Phone, ClearCaptions Mobile Application, and Firmware, for captioning calls within a workplace setting. ClearCaptions Voice is NOT available outside of the United States and the District of Columbia.
ClearCaptions reserves the right to take any unlawful, prohibited, abnormal, or unusual activity into account in making its determination. For instance, ClearCaptions may consider any of the following, in combination or alone, when excessive:
• Unique numbers called;
• Call lengths;
• Frequency of call forwarding/transferring;
• Conference calling;
• Short duration calls;
• Number of calls made during a month;
• Number of calls made to a conference calling service during a month;
• Calls made during business hours;
• Number of calls terminated and re-initiated consecutively that, in the aggregate, result in excessive call lengths during a specific time frame; or
• Other calling patterns indicative of an attempt to evade the Agreement or this Policy.
You may not use ClearCaptions’ Voice service in any way that is illegal, fraudulent, improper, or inappropriate. You may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation, or any third party’s intellectual property.
ClearCaptions may, at its option, review your account and take further action, including action to terminate or suspend your interconnected Voice service if it determines you are using that service contrary to this Policy or our Agreement. Where reasonable, ClearCaptions will provide you with notice of improper usage before suspension or termination of your service and, if appropriate, ClearCaptions may offer you an alternative service or product.