VOIP 911 and E911 Service Disclaimer and Customer Acknowledgment

NOTE: This VOIP 911 and E911 Service Disclaimer and Customer Acknowledgment is a fully integrated part of your Master Subscription Agreement (“MSA”) with CallPotential™. By electronically signing the MSA, you agree to be bound by the terms of that agreement as well as the terms and conditions set forth herein.

YOU SHOULD NOT SIGN UP FOR THE SERVICE UNLESS YOU FULLY UNDERSTAND AND AGREE WITH THE FOLLOWING LIMITATIONS AND DISCLAIMERS.

CallPotential™ customers using certain service packages will be connected to Voice Over Internet Protocol (“VOIP”) calling via one or more third party service providers. CallPotential™ is not a telecommunications carrier and does not provide traditional telephone services. Notwithstanding, the rules of the Federal Communications Commission (“FCC”) require that CallPotential™ inform you of any differences between the 911 and E911 access capabilities available with this VOIP service (the “VOIP 911 and E911 Service”) as compared to the 911 and E911 access capability available with traditional wireline telephone services. It is important that you understand how these differences affect your ability to access 911 and E911 services. Please read this Disclaimer carefully. If you have any questions or concerns about the information contained in this Disclaimer, or if you do not understand anything discussed in this Disclaimer, please contact CallPotential™ at [INSERT]. The FCC’s rules also require CallPotential™ to obtain and keep a record on file showing that you have received and understood this VOIP 911 and E911 Service Disclaimer. By signing the MSA, you certify that you have received and understood this VOIP 911 and E911 Service Disclaimer.

The VOIP 911 and E911 Service are different from traditional wireline telephone 911 services in several important ways. Traditional 911 services automatically route your calls to a trained 911 dispatcher, available on a 24-hour basis, using special answering facilities at the local Public Safety Answering Point (“PSAP”) for your location. Traditional E911 services automatically provide to the PSAPs the calling party’s call-back number and location. If you are located in an area where the emergency center does not support E911 (i.e., is not capable of simultaneously receiving your telephone number and address), you likely have basic 911 service.

Consistent with this Disclaimer, you must provide notice of these limitations to your guests and other third parties at your premises who may be present where use the VOIP 911 and E911 Service.

THE VOIP 911 AND E911 SERVICE MAY NOT OPERATE DURING A POWER OUTAGE. The VOIP 911 and E911 Service does not function in the event of a power failure or disruption. Should there be an interruption in the power, the VOIP service, including the VOIP 911 and E911 Service, will not function until power is restored and your equipment may need to be reset.
THE VOIP 911 AND E911 SERVICE WILL NOT OPERATE IF YOUR BROADBAND CONNECTION IS DISRUPTED. Service outages, interruptions or degradation, or termination or suspension for any reason, of service by your broadband provider and/or ISP or by CallPotential™ or its third-party service provers will prevent you from using our VOIP service, including the VOIP 911 and E911 Service.
THE VOIP 911 AND E911 SERVICE CALLS MAY NOT COMPLETE OR MAY BE ROUTED TO EMERGENCY PERSONNEL WHO WILL NOT BE ABLE TO ASSIST IF YOU DISABLE, DAMAGE OR MOVE THE EQUIPMENT TO A LOCATION OTHER THAN THE REGISTERED ADDRESS YOU PROVIDED TO CallPotential™ WHEN YOU INITIATED THE SERVICE. The VOIP 911 and E911 Service does not function if you move your device to a different street address or location. It may take up to 5 days for any change in address to be processed. Accordingly, you should notify CallPotential™ in advance of any and all changes to your Registered Address. Failure to provide the current and correct physical address and location of your device may result in any 911 call you make being routed to the incorrect local emergency service provider and emergency personnel being dispatched to the incorrect location.
EMERGENCY PERSONNEL MAY NOT BE ABLE TO IDENTIFY YOUR PHONE NUMBER IN ORDER TO CALL YOU BACK. PSAP and emergency personnel may not be able to identify your phone number in order to call you back if the call cannot be completed, is dropped or disconnected and/or if your VOIP 911 or E911 Service is not operational for any reason.
VOIP 911 AND E911 SERVICE CALLS MAY BE DELAYED OR DROPPED DUE TO NETWORK ARCHITECTURE. Due to technical constraints, there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 call made while utilizing your equipment as compared to traditional 911 dialing over traditional public switched telephone networks.
Where applicable, CallPotential will provide User with a set of stickers which will explain when the VOIP 911 and E911 Service may not be available. Please place the stickers on or near the equipment you use to access the VOIP 911 and E911 Service.

CallPotential™ may contract with third parties to provide access to emergency services that may include call-back and location information in some locations. This type of access to emergency services is not offered in all areas of the United States, but instead depends on the capabilities of each individual PSAP, as well as the ability of third-party providers to offer such capabilities with VOIP calls. In those areas where offered, and subject to the limitations of its third-party providers, CallPotential™ may route your emergency call to the PSAP with your telephone number and service address information (“Registered Address”), as provided at the time of Service sign-up. By signing the MSA, you authorize CallPotential™ to disclose your name, telephone number, Registered Address information and other relevant identifying information to third-party service providers, including, without limitation, call routers, call centers and PSAPs, for the purpose of dispatching emergency services personnel to your Registered Address.

IN NO EVENT SHALL CallPotential™, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS OR ANY OTHER THIRD-PARTY PROVIDER OR VENDOR WHO FURNISH SERVICES OR PRODUCTS TO YOU IN CONNECTION WITH THE SERVICE OR THE DEVICE BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS WHATSOEVER ARISING FROM OR RELATING TO 911 DIALING AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO 911 DIALING.

CallPotential™ DOES NOT HAVE ANY CONTROL OVER WHETHER, OR THE MANNER IN WHICH, 911 CALLS USING THE SERVICE ARE ANSWERED OR ADDRESSED BY ANY LOCAL EMERGENCY RESPONSE CENTER. CallPotential™ DISCLAIMS ALL RESPONSIBILITY FOR THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTERS AND THE NATIONAL EMERGENCY CALLING CENTER. CallPotential™ RELIES ON THIRD PARTIES TO ASSIST CallPotential™ TO ROUTE 911 CALLS TO LOCAL EMERGENCY RESPONSE CENTERS. CallPotential™ DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT.

FURTHERMORE, YOU SHALL DEFEND, INDEMNIFY AND HOLD CallPotential™, ITS EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM BROUGHT, ASSERTED OR THREATENED BY ANY THIRD PARTY UNLESS CAUSED BY THE GROSS NEGLIGENCE OR RECKLESS OR WILLFUL MISCONDUCT OF CallPotential™ (OR ITS EMPLOYEES OR AGENTS).