SPECIAL DISCLAIMER FOR INTERPRETING SERVICES INVOLVING CALLS TO EMERGENCY SERVICE PROVIDERS (911/E911), OR LEGAL, MEDICAL OR MENTAL HEALTH ISSUES
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 GlobalVRS’s VRS or IP Relay services. By obtaining one or more telephone number(s) from GlobalVRS, you are selecting GlobalVRS 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 GlobalVRS VRS or IP Relay. GlobalVRS similarly may offer you the ability to obtain one or more ten-digit telephone numbers for IP Relay service.
As your default provider, GlobalVRS must comply with various legal requirements. GlobalVRS will (i) obtain from you the physical location from which you will access GlobalVRS 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 GlobalVRS VRS or IP Relay to the appropriate emergency personnel and transmit the call-back number and other required information.
You may transfer (or “port”) your ten-digit number(s) to a default provider other than GlobalVRS. If you have already obtained a ten-digit telephone number from a VRS or IP Relay provider other than GlobalVRS, but would like to select GlobalVRS as your default provider, you may port your telephone number to GlobalVRS. To do so, please contact GlobalVRS at 877-damevrs (326-3877).
In the event that you use GlobalVRS’s IP-based Relay Services to make a 911 call, GlobalVRS is not liable for any claim, damage or loss arising from your use of its IP-based Relay Services to facilitate that call. Specifically, GlobalVRS 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 GlobalVRS’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, GlobalVRS is not liable for any damages arising from your failure to provide GlobalVRS 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, GlobalVRS 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 GlobalVRS as your default provider, you may make and receive relay service calls, including 911 calls, using any provider. If, however, you have chosen GlobalVRS as your default provider but place a 911 call through an IP-based relay provider other than GlobalVRS, GlobalVRS will have no control over the manner in which the other provider will handle, process, or route the call. GlobalVRS 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 GlobalVRS’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. First, GlobalVRS may not automatically be able to obtain your location information or route your call to the appropriate emergency personnel if (i) you use GlobalVRS’s IP-based Relay Services to place a 911 call, and you have not provided GlobalVRS an up-to-date Registered Location; (ii) you have not chosen GlobalVRS as your default provider; or (iii) your Registered Location is not served by the Wireline E911 network or is not available to GlobalVRS. Furthermore, in these circumstances, if you are incapacitated or otherwise unable or unwilling to give the GlobalVRS interpreter your address, GlobalVRS may not be able to obtain your location information and give it to appropriate emergency personnel, although GlobalVRS will use its best efforts to do so.
Second, even if you have provided GlobalVRS 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 services for that address, GlobalVRS 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 GlobalVRS’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 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.
GlobalVRS 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 GlobalVRS’s IP-based Relay Services, or (ii) GlobalVRS’s termination, suspension, restriction, or cancellation of your use of its IP-based Relay Services, and/or GlobalVRS’s retrieval or disabling of its VP-100® or VP-200® Videophone. In no event shall GlobalVRS, 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. GlobalVRS 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, GlobalVRS makes no warranties or representations of any kind regarding its IP-based Relay Services. GlobalVRS DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR PARTICULAR PURPOSE. GlobalVRS disclaims any and all warranties of quiet enjoyment, performance, and non-infringement. GlobalVRS also makes no warranty that its IP-based Relay Services will be uninterrupted or error free. GlobalVRS shall not be liable for any consequential or incidental damages. GlobalVRS does not authorize anyone, including, but not limited to, GlobalVRS’s employees, independent contractors, agents or representatives, to make a warranty of any kind on GlobalVRS’s behalf and you should not rely on any such statement.
CALLS INVOLVING MEDICAL, MENTAL HEALTH, OR LEGAL ISSUES
When a GlobalVRS interpreter is interpreting an IP-based Relay Service call, he or she is doing so pursuant to federal law. Specifically, GlobalVRS’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, GlobalVRS cannot and does not represent, warrant, or guarantee that GlobalVRS’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. GlobalVRS’s interpreters are not subject to such requirements. Moreover, federal law generally prohibits GlobalVRS 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 GlobalVRS 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, GlobalVRS employs only qualified interpreters who are capable of interpreting effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. GlobalVRS, 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 GlobalVRS interpreter in a medical or mental health setting, or during a legal proceeding, the caller is simply making a TRS-facilitated telephone call.