Emergency Services E911 Disclaimer

Emergency Services E911 Disclaimer

Recitals

WHEREAS, Service Provider: provides communications, voice, data and related services (the Services) that may be used to place emergency calls to public safety answering points ("PSAPs");

WHEREAS, Customer: requests such Services and acknowledges the technical and operational limitations of emergency calling features, including E911 location delivery;

WHEREAS, the parties intend that Customer expressly acknowledge, accept, and document the limitations and responsibilities associated with using the Services for emergency calls.

Scope of Work

Emergency Services (E911) Acknowledgement and Disclaimer

Customer acknowledges that certain Services deliver emergency calls to PSAPs using E911 protocols that rely on the Customer's registered service address and may also rely on network-based or device-based location information. The accuracy, availability, and delivery of location information to emergency responders are subject to technical limitations, third-party network constraints and PSAP capabilities.

Registered Service Address:

By checking the box below, Customer expressly acknowledges and agrees to the following statements and releases Service Provider from liability as set forth herein.

Customer acknowledges that emergency calling capability may be impaired or unavailable during power outages, network outages, or if the registered service address is not current or cannot be validated.

Customer acknowledges that using VoIP, wireless, softphone, remote-worker or similar services can result in inaccurate or unavailable automatic location information and that PSAPs may receive limited data.

Customer understands that it is solely responsible for keeping the Registered Service Address and any device location information up to date and must notify Service Provider immediately in writing of any change.

Customer consents to Service Provider transmitting Registered Service Address and available location data to PSAPs, law enforcement, and emergency responders as necessary to facilitate emergency response.

Customer hereby releases and agrees to indemnify, defend and hold Service Provider harmless from and against any claim, loss, liability or expense arising out of: (a) inaccurate or incomplete location information provided by Customer; (b) any delay in the routing of emergency calls; (c) PSAP inability to receive or use location information; and (d) any loss or damage resulting from reliance on emergency services provided through third parties.

Payment Terms

All fees are due according to the Payment Schedule. Late payments shall incur the Late Fee as specified above and Service Provider may suspend Services for nonpayment after providing written notice in accordance with the Termination section.

Term and Termination

Term Start Date:

Term End Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within the notice period specified above, or immediately for cause where required by law. Termination shall not relieve Customer of payment obligations incurred prior to termination. Provisions intended to survive termination, including the E911 Acknowledgement, Indemnity and Confidentiality clauses, shall survive termination.

Confidentiality

Each party shall protect the other's Confidential Information with the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Confidential Information shall not include information that is publicly known through no fault of the receiving party, independently developed without use of Confidential Information, or required to be disclosed by law, provided the disclosing party is given prompt notice and an opportunity to seek protective measures.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to choice of law principles. Exclusive jurisdiction for disputes arising under this Agreement shall be vested in the state and federal courts located in that State.

Entire Agreement

This Agreement, including any attachments and written exhibits executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior or contemporaneous communications, proposals, and agreements, whether oral or written. No amendment or modification shall be effective unless in writing and signed by duly authorized representatives of both parties.

Acknowledgement

By signing below, the undersigned represent and warrant that they are authorized to execute this Agreement on behalf of the party for which they sign, that they have read and understand the E911 Disclaimer and related clauses, and that they accept and agree to be bound by all terms and conditions set forth herein.

Sign Now