Sorenson Privacy Policy and Notice

This policy describes how Sorenson Communications, LLC and CaptionCall, LLC (collectively “Sorenson”, “we,” or “us”) collects, uses, and shares your information. When you use our sites, products, or services or otherwise form a relationship with us, we may obtain data from you and the devices you use to interact with us.

This policy is designed to provide transparency into our privacy practices and principles in a format you can navigate, read, and understand.

We commit to treat your personal information with care and respect and give you methods to contact us should you have any questions or concerns about the use of your information.

Finally, you may have received additional privacy documentation from us when you used a specific site, product, or service from us. In that case, the documentation you received should be read in conjunction with this Notice.

This policy explains:

The Scope of this Policy

This Policy describes the processing of information provided or collected on our sites and applications where this privacy policy is posted. In some instances, we may provide additional data privacy notices specific to certain products, practices, or regions. Those terms should be read in conjunction with this policy.

If you provide information to us on a third-party site or platform, the information you provide may be separately collected by the third-party site or platform. That third-party site or platform’s privacy practices will govern the use of your information. Choices you make on that third-party platform will not apply to our use of the information we have collected through our sites, products, or services.

Your Privacy Rights

If you are a resident of certain states or countries, you may have the right to know, access, correct, transfer, restrict the processing of, and delete your personal information. If you choose to exercise any of these options, we will not discriminate against you for making that decision.

You can exercise your privacy rights by contacting us at privacy@sorenson.com.

There may be situations where we cannot grant your request. In such a situation, we will explain our reasoning to you if we deny your request.

Information Collected from You

We generally collect and share the information listed below with our business customers to provide services to those customers. We also use this information to secure, improve, and provide our services to our business customers as described below.

• Personal Identifiers: Full name, physical address, mailing address, phone number, email address, date of birth, account number, and last four digits of government identification number.
• Protected Class Information: Information relating to a customer’s hearing loss, including self-certifications.
• Commercial information: User preferences, purchasing history, dates of service, date of last call, VRS/IP CTS provider name, and participation in promotional activities.
• Internet Data: IP address, device ID, operating or information system, machine type, cookies, and website interactions.
• Geolocation Data: Device location enabled services.

We also may collect non-identifiable or aggregate information about your use of our Sorenson products and services and our business relationship with you when you interact with or use our Sorenson website, products or services, or respond to e-mails, newsletters, or promotional or other informational communications.

Legal Basis for Processing Personal Information

Some jurisdictions require us to disclose the legal basis on which we rely to process personal information. To the extent those laws apply, our legal basis may include one or all of the following:

• Legal Obligation: We may handle personal information to comply with state, federal, and international applicable laws and regulations.
• Consent: We may handle personal information based on your consent or valid consent made on your behalf.
• Contractual Obligations: We may handle personal information to meet our contractual obligations with you, or to take steps in anticipation of entering such a contract.
• Legitimate Business Interest: We may handle personal information to provide you with the Service and accomplish our legitimate business purposes.

Security of Information

Sorenson wants your Personal Information to remain secure. We maintain reasonable technical, physical, and administrative security measures to protect the security of your personal information against loss, misuse, unauthorized access, disclosure, or alteration. We periodically review our data collection, storage, and processing policies and implement additional security features as appropriate. In addition, we restrict access to Personal Information in Sorenson’s possession to Sorenson employees, contractors, and agents who need to have access to that information to process it on our behalf. Those individuals are subject to Sorenson’s privacy policy and confidentiality obligations.

Although we do our best to protect your personal data, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity, and privacy of all information and data exchanged between you and us through our websites and applications cannot be guaranteed. Please do your part in protecting your personal data against unauthorized use. Keep your user account password safe and confidential, and be sure to sign off when finished using a shared computer or device.

How We Share Information

Sorenson does not rent or sell your information to third parties. However, we may disclose your information to our subsidiaries and affiliates, along with our service providers and third-party processors to provide services to you. We may also share your information with service providers and third parties when necessary to comply with laws and regulations (including government agencies and private entities responsible for overseeing or administering the Telecommunications Relay Fund and verifying eligibility for Sorenson services); respond to subpoenas and court orders; exercise our legal rights or defend against legal claims; investigate, prevent, or take action regarding illegal activities, suspected fraud, potential threats to our property or the physical safety of any person, or violations of our usage instructions and applicable terms and conditions; facilitate the financing or insuring of our business or a disposition of all or part of our business or assets, or as otherwise permitted or required by law. We may share anonymized or aggregated data at our discretion, in accordance with applicable laws.

We will share some or all of your information (and in the case of minors, the information of both the minor user and the parent) with third parties as required or permitted by law or regulation, including with government agencies and private entities responsible for overseeing or administering the Telecommunications Relay Fund and verifying eligibility for Sorenson services. For example, Sorenson will submit Sorenson users’ information to the TRS User Registration Database, a database administered by a government contractor, as required by FCC regulations, and Sorenson will submit information about Sorenson users and their TRS usage to the Administrator of the TRS Fund and/or the FCC for billing purposes. We may also share your location or other information with third parties if you consent for us to do so from within one of our products or otherwise. For example, some of our products allow you to share your location with third parties in conjunction with performing searches. When you enable this feature, we seek your consent to share your location information. Sorenson has no control over such third parties, and third parties’ use of your location information is not governed by this Privacy Policy. If you consent to share your location information with third parties, you acknowledge and agree that Sorenson is not responsible for third-party use of your location information.

If you post your information or content to our online forums or media sites, this information is public on the Internet. We are unable to prevent or control further use of this information and refer you to the third-party sites’ privacy policies and terms of use to learn more about their privacy practices.

We will retain personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, unless otherwise required by contract or law. Anonymous and aggregated information may be stored indefinitely.

Your Controls and Choices

We may use your personal information to contact you regarding our products, services, promotions, newsletters, and other marketing activities in accordance with applicable law. You may opt out of receiving these promotional emails at any time by clicking the unsubscribe button located at the bottom of our marketing communications or emailing privacy@sorenson.com. If you opt out, we may still send you non-promotional emails relating to your use of our Services or our ongoing business relationship with you.

You can control how and when you want to receive marketing emails from Sorenson by clicking on the “unsubscribe” link located at the bottom of our email communications to you. This will not affect your receipt of administrative emails (for example, emails about your account, transactions, or policy changes) for your registered account.

Our Commitment to Protecting Information Belonging to Children

We do not knowingly collect Personal Information from anyone under the age of 13 through Sorenson products, services, or websites unless we first obtain permission from that child’s parent or legal guardian. We obtain parental consent by either:

• Providing you with a notice of our privacy practices, asking whether you consent to these practices, and having you verify your identity by showing a valid, government- issued form of identification; or
• Sending you a written notice of our privacy practices, which you would have the option of consenting to and returning a signed copy by mail.

When you apply for Sorenson Services on behalf of your child, we may collect the information listed in this Policy from you about your child. We may also collect certain information about you (the parent), as required by law or regulation, and for administrative and billing purposes. After we receive your permission to provide Sorenson Services to your child, we will collect, store, and disclose information necessary to provide those Sorenson products and services to your child as more fully described in this Policy. Sorenson may share information about your child and your child’s use of Sorenson products and services with third parties for billing and administrative purposes and otherwise, as required or permitted by law or regulation, including with government agencies and private entities responsible for administering or overseeing the Telecommunications Relay Service Fund and verifying eligibility for Sorenson services. For example, Sorenson may submit your and your child’s information to the TRS User Registration Database, a database administered by a government contractor, as required by FCC regulations, and Sorenson will submit information about your and your child’s TRS usage to the Administrator of the TRS Fund and/or the FCC for billing purposes.

Sorenson may also share your child’s name, image (if your child uploads an image), and video phone number(s) with other Sorenson users in your child’s contact list. Sorenson may also share information about your child’s location with emergency services if your child calls 911 from a Sorenson mobile device.

You may review, delete, or prohibit further collection of your child’s information at any time. If you have further questions or requests related to Sorenson’s online collection of information from children, please contact: privacy@sorenson.com

Cookies and Other Technologies

Cookies are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. We recommend you keep cookies activated. We have broken up our cookies into categories to help you understand what they do.

• Necessary: These cookies are required to use our services. For example, they are necessary to access our website and login to your account.
• Performance: These cookies track how you interact with our website. For example, these cookies let us know which pages on our website load slowly or are not optimized for mobile use. We use this information to make improvements to our user experience.
• Functionality: These cookies track information about you to make using our website easier. For example, we may retain information such as your login status and viewing preferences.
• Marketing and Analytics: These cookies help us create targeted advertising experiences on our websites.
• Advertising: Although we do not generally use these cookies, if we decide to use these cookies in the future, they will provide visitors with relevant ads and marketing campaigns.

You can manage your cookie preferences on our cookie banner that pops up when you first visit our website.

Our Global Data Transfer Practices

We store and process your personal information on our servers located within the United States but may transfer your personal information to other countries outside of the United States for the purposes describe in this Privacy Policy. When required by law, we transfer information pursuant to appropriate transfer mechanisms such as Standard Contractual Clauses.

By using our websites, products, or services, you agree to the global transfer, process, and storage of your personal information.

Contacting Supervisory Authorities

If you would like to lodge a complaint against us, you may contact your local privacy regulator. If you have trouble locating a privacy regulator, please contact our privacy office at privacy@sorenson.com and they will help you contact the appropriate enforcement agency.

How to Contact Us

If you have any questions about how we process your information, you can contact us at:

Sorenson Communications, LLC
4192 S Riverboat Road
Taylorsville, UT 84123

1-(877)-595-4011

privacy@sorenson.com

Relationship-Specific Details

Employee/Recruit/Prospect/Candidate/Contractor

Customer

Web User

This Privacy Policy and Notice was last revised on 9/27/2022.

Política y aviso de privacidad

Esta política describe la forma en que Sorenson Communications, LLC y Captioncall, LLC (colectivamente, “Sorenson”, “nosotros” o “a nosotros”) recopilan, usan y comparten su información. Cuando usa nuestros sitios, productos o servicios o establece otro tipo de relación con nosotros, podemos obtener sus datos y los datos de los dispositivos que usa para interactuar con nosotros.

Esta política está destinada a proporcionar transparencia sobre nuestras prácticas y principios de privacidad en un formato que pueda navegar, leer y comprender.

Nos comprometemos a tratar su información personal con cuidado y respeto y le brindaremos métodos para contactarnos si tiene alguna pregunta o inquietud sobre el uso de su información.

Finalmente, puede haber recibido documentación de privacidad adicional de nosotros cuando usó un sitio, producto o servicio específico de nosotros. En ese caso, la documentación que recibió debe leerse conjuntamente con este Aviso.

Esta política explica:

El alcance de esta política

Esta Política describe el procesamiento de la información provista o recolectada en nuestros sitios y las aplicaciones donde se publica esta política de privacidad. En algunos casos, podemos enviar avisos adicionales sobre la privacidad de los datos sobre ciertos productos, prácticas o regiones. Estos términos deben leerse junto con esta política.

Si nos proporciona información en un sitio o plataforma de terceros, la información que proporcione puede ser recopilada por separado en el sitio o plataforma de terceros. Las prácticas de privacidad de ese sitio o plataforma de terceros regirán el uso de su información. Las elecciones que realice en esa plataforma de terceros no se aplicarán a nuestro uso de la información que hemos recopilado a través de nuestros sitios, productos o servicios.  

Sus derechos de privacidad

Si es residente de ciertos estados o países, puede tener el derecho a conocer, acceder, corregir, transferir, restringir el procesamiento y eliminar su información personal. Si elige ejercer alguna de estas opciones, no lo discriminaremos por tomar esa decisión.

Puede ejercer sus derechos de privacidad contactándonos en privacy@sorenson.com.

Existen situaciones en que no podremos cumplir su solicitud. En tal situación, le explicaremos nuestro razonamiento si denegamos su solicitud.

Información recopilada de usted

Por lo general recopilamos y compartimos la información indicada a continuación con nuestros clientes comerciales para prestar servicios a estos clientes. También usamos esta información para proteger, mejorar y proporcionar nuestros servicios a nuestros clientes comerciales tal como se describe a continuación.

• Identificadores personales: Nombre completo, dirección física, dirección postal, número de teléfono, dirección de correo electrónico, fecha de nacimiento, número de cuenta y últimos cuatro dígitos del número de identificación del gobierno.
• Información de clases protegidas: Información relacionada con la pérdida de audición de un cliente, incluidas las autocertificaciones.

• Información comercial: Preferencias del usuario, historial de compras, fecha del servicio, fecha de la última visita, nombre del proveedor de VRS/IP CTS y participación en actividades promocionales.

• Datos de internet: Direcciones de IP, ID del dispositivo, sistema operativo o de información, tipo de máquina, cookies e interacciones en el sitio web.

• Datos de geoubicación: Servicios habilitados de ubicación del dispositivo.

También podemos recopilar información no identificable o agregada sobre su uso de los productos y servicios de Sorenson y nuestra relación comercial con usted cuando interactúa o usa nuestro sitio web, productos o servicios de Sorenson o responde a correos electrónicos, boletines o comunicaciones promocionales u otras comunicaciones informativas.

Base legal para el procesamiento de la información personal

Algunas jurisdicciones requieren que divulguemos la base legal que utilizamos para procesar la información personal. En la medida en que se apliquen estas leyes, nuestra base legal puede incluir uno o todos los siguientes:

• Obligación legal: Podemos manejar la información personal para cumplir con las leyes y reglamentaciones estatales, federales e internacionales de aplicación.

• Consentimiento: Podemos manejar la información personal de acuerdo con su consentimiento o un consentimiento válido otorgado en su representación.

• Obligaciones contractuales: Podemos manejar la información personal para cumplir nuestras obligaciones contractuales con usted, o para tomar medidas con anterioridad a la celebración de tal contrato.

• Interés comercial legítimo. Podemos manejar la información personal para prestarle el Servicio y alcanzar nuestros propósitos comerciales legítimos.

Seguridad de la información

Sorenson desea que su Información Personal se mantenga segura. Mantenemos medidas técnicas, físicas y administrativas razonables de seguridad para proteger la seguridad de su información personal contra pérdida, uso indebido, acceso no autorizado, divulgación o alteración. Revisamos periódicamente nuestras políticas de recopilación, almacenamiento y procesamiento de datos e implementamos funciones adicionales de seguridad según sea apropiado. Asimismo, restringimos el acceso a la Información Personal en posesión de Sorenson a los empleados, contratistas y agentes de Sorenson que necesitan tener acceso a esa información para procesarla en nuestra representación. Estas personas están sujetas a la política de privacidad y las obligaciones de confidencialidad de Sorenson.

Aunque hacemos nuestros mejores esfuerzos por proteger sus datos personales, no se puede garantizar que ninguna transmisión de datos por Internet o una red inalámbrica sea 100 % segura. Como resultado, si bien nos esforzamos por proteger su información personal, usted confirma que: (a) existen limitaciones a la seguridad y la privacidad inherentes a Internet que están más allá de nuestro control; y (b) no se puede garantizar la seguridad, integridad y privacidad de toda la información y los datos intercambiados entre usted y nosotros a través de nuestros sitios web y aplicaciones. Cumpla con sus obligaciones en la protección de sus datos personales contra el uso no autorizado. Mantenga segura y confidencial la contraseña de su cuenta de usuario y asegúrese de cerrar sesión al terminar de usar una computadora o dispositivo compartido.  

Cómo compartimos la información

Sorenson no alquila ni vende su información a terceros. Sin embargo, podemos divulgar su información a nuestras subsidiarias y filiales, junto con nuestros proveedores de servicios y procesadores independientes para prestarle servicios. También podemos compartir su información con proveedores de servicios y terceros cuando sea necesario para cumplir con las leyes y reglamentaciones (incluidas las agencias gubernamentales y entidades privadas responsables de supervisar o administrar el Fondo de Retransmisión de Telecomunicaciones y verificar la elegibilidad de los servicios de Sorenson); responder a citaciones y órdenes de un tribunal; ejercer nuestros derechos legales o defender contra un reclamo legal; investigar, prevenir o actuar con respecto a actividades ilegales, sospecha de fraude, amenazas potenciales a nuestros bienes o la seguridad física de una persona, o violaciones de nuestras instrucciones de uso y los términos y condiciones de aplicación; facilitar la financiación o seguro de nuestro negocio o una disposición de todo o parte de nuestros negocios o activos, o según lo permita o requiera la ley. Podemos compartir datos anonimizados o agregados a nuestro criterio, de acuerdo con las leyes de aplicación.

Compartiremos su información de forma parcial o total (y en el caso de menores, la información del usuario menor de edad y su padre) con terceros según lo requieran o permitan las leyes o reglamentaciones, incluidas las agencias gubernamentales y entidades privadas responsables de supervisar o administrar el Fondo de Retransmisión de Telecomunicaciones y verificar la elegibilidad para los servicios de Sorenson. Por ejemplo, Sorenson enviará la información de los usuarios de Sorenson a la Base de Datos del Registro de Usuarios del Servicio de Retransmisión de Comunicaciones (TRS), una base de datos administrada por un contratista del gobierno, según lo requieren las reglamentaciones de la FCC, y Sorenson enviará información sobre los usuarios de Sorenson y su uso del TRS al Administrador del Fondo de TRS o a la FCC con fines de facturación. También podemos compartir su ubicación u otra información con terceros si otorga su consentimiento para que lo hagamos desde uno de nuestros productos o de otra forma. Por ejemplo, algunos de nuestros productos le permiten compartir su ubicación con terceros mientras realiza una búsqueda. Cuando habilita esta función, solicitamos su consentimiento para compartir la información de su ubicación. Sorenson no tiene control sobre estos terceros, y el uso por parte de los terceros de la información de su ubicación no se rige por esta Política de Privacidad. Si otorga su consentimiento para compartir la información de su ubicación con terceros, confirma y acepta que Sorenson no es responsable por el uso de terceros de la información de su ubicación.

Si publica su información o contenido en nuestros foros en línea o sitios de redes sociales, esta información es pública en Internet. No podemos prevenir ni controlar otros usos de esta información y le recomendamos que consulte las políticas de privacidad y los términos de uso de los sitios de terceros para obtener más información sobre sus políticas de privacidad.

Conservaremos la información personal por el período necesario para cumplir los propósitos que se describen en esta Política de Privacidad, a menos que se requiera lo contrario en un contrato o ley. La información anónima y agregada puede almacenarse de forma indefinida.

Sus controles y elecciones

Podemos usar su información personal para contactarlo con respecto a nuestros productos, servicios, promociones, boletines y otras actividades de mercadeo de acuerdo con la ley de aplicación. Usted puede cancelar la recepción de estos correos electrónicos promocionales en cualquier momento haciendo clic en el botón Cancelar suscripción en la parte inferior de nuestras comunicaciones de mercadeo o mediante un correo electrónico a privacy@sorenson.com. Si cancela la recepción de estas comunicaciones, aún podemos enviarle correos electrónicos no promocionales relacionados con su uso de nuestros Servicios o nuestra relación comercial continua con usted.

Puede controlar cómo y cuándo desea recibir los correos electrónicos de mercadeo de Sorenson haciendo clic en el enlace “Cancelar suscripción” en la parte inferior de nuestras comunicaciones de correo electrónico con usted. Esto no afectará su recepción de correos electrónicos administrativos (por ejemplo, correos electrónicos sobre su cuenta, transacciones o cambios en las políticas) para su cuenta registrada.

Nuestro compromiso por proteger la información de menores

No recopilamos a sabiendas Información Personal de personas menores de 13 años a través de los productos, servicios o sitios web de Sorenson, a menos que obtengamos primero el permiso del padre o tutor de ese niño. Obtenemos el consentimiento de los padres de las siguientes formas:

• Mediante un aviso de nuestras prácticas de privacidad, donde se solicita su consentimiento para estas prácticas y se le solicita que verifique su identidad mediante una forma de identificación válida, emitida por el gobierno; o

• Mediante un aviso escrito de nuestras prácticas de privacidad, donde usted tiene la opción de otorgar su consentimiento y enviar una copia firmada por correo.

Cuando solicita los Servicios de Sorenson en representación de su hijo, podemos recopilar la información que figura en esta Política sobre usted y su hijo. También podemos recopilar cierta información sobre usted (el padre), según lo requieran las leyes o reglamentaciones, y con fines administrativos y de facturación. Después de recibir su permiso para prestar los Servicios de Sorenson a su hijo, recopilaremos, almacenaremos y divulgaremos la información necesaria para proporcionarle a su hijo tales productos y servicios de Sorenson tal como se describe con mayor detalle en esta Política. Sorenson puede compartir información sobre su hijo y el uso por parte de su hijo de los productos y servicios de Sorenson con terceros con fines administrativos y de facturación y con otros fines, según lo requieran o permitan las leyes o reglamentaciones, incluso con agencias gubernamentales y entidades privadas responsables de administrar o supervisar el Fondo del Servicio de Retransmisión de Telecomunicaciones y verificar la elegibilidad para los servicios de Sorenson. Por ejemplo, Sorenson puede enviar su información y la de su hijo a la Base de Datos del Registro de Usuarios del Servicio de Retransmisión de Comunicaciones (TRS), una base de datos administrada por un contratista del gobierno, según lo requieren las reglamentaciones de la FCC, y Sorenson enviará información sobre su uso y el uso de su hijo del TRS al Administrador del Fondo de TRS o a la FCC con fines de facturación.

Sorenson también puede compartir el nombre de su hijo, su imagen (si su hijo carga una imagen) y los números de teléfono de video con otros usuarios de Sorenson en la lista de contactos de su hijo. Sorenson también puede compartir información sobre la ubicación de su hijo con los servicios de emergencia si su hijo llama al 911 desde un dispositivo móvil de Sorenson.

Usted puede revisar, eliminar o prohibir la recopilación adicional de la información de su hijo en cualquier momento. Si tiene otra pregunta o solicitud en relación con la recopilación en línea por parte de Sorenson de la información de menores, póngase en contacto con:

privacy@sorenson.com 

Cookies y otras tecnologías

Las cookies son identificadores que transferimos a su navegador o dispositivo que nos permiten reconocer su navegador o dispositivo e indicarnos cómo y cuándo se visitan las páginas y funciones en nuestros servicios y cuántas personas lo hacen. Puede cambiar las preferencias en su navegador o dispositivo para impedir o limitar la aceptación de cookies de su dispositivo, pero esto puede impedir que utilice algunas de nuestras funciones. Recomendamos que mantenga activadas las cookies. Hemos desglosado nuestras cookies en categorías para ayudarlo a comprender su función.

• Necesarias: Estas cookies son necesarias para usar nuestros servicios. Por ejemplo, son necesarias para acceder a nuestro sitio web e iniciar sesión en su cuenta.

• Rendimiento: Estas cookies realizan un seguimiento de su interacción con nuestro sitio web. Por ejemplo, estas cookies nos informan qué páginas en nuestro sitio web se cargan lento o no están optimizadas para el uso en dispositivos móviles. Usamos esta información para realizar mejoras en la experiencia de nuestros usuarios.

• Funcionalidad: Estas cookies realizan un seguimiento de la información sobre usted para facilitar el uso de nuestro sitio web. Por ejemplo, podemos conservar información como su estado de inicio de sesión y preferencias de visualización.

• Mercadeo y análisis: Estas cookies nos ayudan a crear experiencias de publicidad enfocada en nuestros sitios web.

• Publicidad: Aunque por lo general no usamos estas cookies, si decidimos usarlas en el futuro, proporcionarán a los visitantes anuncios y campañas de mercadeo relevantes.

Puede administrar sus preferencias de cookies en nuestro anuncio de cookies que aparece cuando visita nuestro sitio web por primera vez.  

Nuestras prácticas de transferencia mundial de datos

Almacenamos y procesamos su información personal en nuestros servidores ubicados en los Estados Unidos, pero podemos transferir su información personal a otros países fuera de los Estados Unidos para los fines que se describen en esta Política de Privacidad. Cuando así lo requiera la ley, transferimos la información conforme a mecanismos apropiados de transferencia como Cláusulas Contractuales Estándar.

Al usar nuestros sitios web, productos o servicios, usted acepta la transferencia, procesamiento y almacenamiento mundial de su información personal.

Comunicación con las autoridades de supervisión

Si desea presentar un reclamo contra nosotros, puede comunicarse con su regulador local de privacidad. Si tiene dificultades para encontrar a un regulador de privacidad, comuníquese con nuestra oficina de privacidad en privacy@sorenson.com y recibirá ayuda para comunicarse con la agencia apropiada de cumplimiento de la ley.

Cómo contactarnos

Si tiene preguntas sobre la forma en que procesamos su información, puede contactarnos en:

Sorenson Communications, LLC

4192 S, Riverboat Road Taylorsville, UT 84123

1-(877)-595-4011

Privacy@Sorenson.com

Detalles específicos de la relación

Empleado/recluta/prospecto/candidato/contratista

Cliente

Usuario web

Sorenson comparte esta información con proveedores de servicios con un propósito comercial.

Si la información personal se transfiere a nivel internacional

No corresponde.

Esta Política y Aviso de Privacidad se revisó por última vez el 9/27/2022.

FCC DISCLAIMER

If you choose Sorenson Communications, LLC (“Sorenson”) as your default provider, you can port your existing 10-digit number to Sorenson from another provider or Sorenson can provide you with one for the geographic area where you live or work. If you later change your default provider, you can port your number to that provider. When selecting Sorenson, you must provide to Sorenson the physical address (i.e., the Registered Location) from which you are placing the call, so that Sorenson can properly route any 911 calls you may make. If you move or change your location, you must notify Sorenson immediately. You can update your Registered Location from your Sorenson videophone by calling 866-756-6729 or by visiting www.svrs.com/moving.

Sorenson will confirm receipt of your Registered Location information. Emergency calls made via internet- based TRS may not function the same as traditional E911 service. For example, you may not be able to dial 911 if there is an internet-service failure or if you lose electrical power, and your 911 call may not be routed correctly if you have not updated your Registered Location. For more information on the process of obtaining 10-digit numbers and the limitations and risks associated with using Sorenson’s VRS to place a 911 call, please visit Sorenson’s website: www.sorensonvrs.com/disclaimer. For information on toll-free numbering, please visit www.sorensonvrs.com/tollfree.

The English language version of this Disclaimer shall be controlling in all respects, notwithstanding any translation of this Disclaimer made for any purpose whatsoever. If any translation of this Disclaimer conflicts with the English version or contains terms in addition to or different from the English version, the English version shall prevail.

This Disclaimer was last updated and is effective as of August 24, 2018.

911 Legal Disclaimer

SPECIAL DISCLAIMER FOR INTERPRETING SERVICES INVOLVING CALLS TO EMERGENCY SERVICE PROVIDERS (911/E911), OR LEGAL, MEDICAL OR MENTAL HEALTH ISSUES

IMPORTANT: Please read the following disclaimer of Sorenson Communications, LLC (“Sorenson”) before using Sorenson telecommunications relay services, including but not limited to Video Relay Service (“VRS”), or other IP-based relay services (collectively, “IP-based Relay Services”), or any video remote or in-person interpreting services obtained incidental to or in conjunction with Sorenson’s provision of IP-based Relay Services. Any such use, including by “dialing around” your default VRS provider, is governed by the following disclaimer (this “Disclaimer”).

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 Sorenson VRS, provided you have a medically recognized hearing or speech disability. By obtaining one or more telephone number(s) from Sorenson, you are selecting Sorenson as your “default” provider of VRS. This means that all VRS calls to and from your ten-digit telephone number(s) will be routed, by default, though Sorenson VRS.

Sorenson offers functionally equivalent local ten-digit numbers indicating the geographic location, or “area code,” where a user lives or works. If you would like to request one or more ten-digit numbers, call Sorenson at 866-756-6729 or apply online at https://apply.sorensonvrs.com/secured_ntouch_apply_form.

As your default provider, Sorenson must comply with various legal requirements. Pursuant to these requirements, Sorenson will (i) obtain from you the physical location from which you will access Sorenson VRS (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 Sorenson VRS to the appropriate emergency personnel and transmit the call-back number and other required information to the emergency response center. You also have the following rights: (i) you may obtain a local ten-digit telephone number from, and register with, your provider of choice (notwithstanding any prior relationship you may have had with another provider); (ii) you may change default providers at any time and, in doing so, retain your local ten-digit telephone number by transferring (or “porting”) the number to the new default provider; and (iii) you may make calls through, and receive calls from, any provider (you are not limited to making or receiving calls through your default provider). In addition, a provider cannot condition the ongoing use or possession of equipment on your continuing to use the provider as your default provider.

If you already have a local ten-digit telephone number from a VRS or IP-based Relay provider other than Sorenson, but would like to select Sorenson as your default provider, you may port your telephone number to Sorenson. To do so, please contact Sorenson by calling 866-756-6729 or by sending an email to porting@sorenson.com. You also may port the local ten-digit number(s) assigned by Sorenson to a default provider other than Sorenson. Upon request, Sorenson will port the local ten-digit number assigned to the Videophone to the new default provider.

You can place an emergency call by dialing 911 using Sorenson VRS accessed via your computer, another device (such as a smartphone), or videophone. To ensure that your 911 call is routed to the right emergency response center and that the emergency response center knows where to send assistance, your default provider needs to know the physical address (i.e., the Registered Location) from which you are placing the call. If you have chosen Sorenson as your default provider, it is critical that you inform Sorenson of your Registered Location and immediately notify Sorenson of any subsequent changes to your Registered Location. For example, if you are planning to move to a new address where you will use Sorenson as your default provider to place VRS and/or IP-based Relay calls, you must register that new location with Sorenson. Please note that it can take several hours or, in some cases (e.g., if there is an error in your Registered Location), longer to update your Registered Location so that your 911 call will be routed to the emergency authority serving your location. You can inform Sorenson of your initial or new Registered Location by visiting www.sorensonvrs.com/moving or calling 866-756-6729 from your Sorenson videophone or software. Sorenson will confirm receipt of your Registered Location or any updates to it that you submit to Sorenson. If you move to a new address, or otherwise move your Sorenson videophone to a different physical address such as your office without having given Sorenson sufficient advance notice, any 911 call you make using Sorenson VRS may be directed to the wrong emergency authority or may transmit the wrong address.

For more information about ten-digit telephone number(s) for VRS, see the FCC’s Consumer Guide , Ten-Digit Numbering and Emergency Call Handling Procedures for Internet-Based TRS, and an ASL video, Numbering and E911 Requirements for VRS and IP Relay Video In American Sign Language (ASL).

Unless otherwise noted, this Disclaimer assumes that you have chosen Sorenson as your default provider of VRS for any telephone number(s) assigned to you by Sorenson, or that you are using a videophone or other device in conjunction with Sorenson VRS. FCC regulations prohibit Sorenson from completing non-emergency VRS calls for you if you have not registered with a default provider.

CALLS TO EMERGENCY SERVICE PROVIDERS (911/E911)

WAIVER OF LIABILITY FOR 911 CALLS. Sorenson recommends that you maintain an alternative means of making an emergency call to 911 (for example, through a traditional text telephone (“TTY”) or, if a TTY is not available, a standard telephone) in the event that you are unable to use Sorenson’s IP-based Relay Services or your relay service equipment for any reason (for example, for one of the reasons discussed below). If you use Sorenson’s IP-based Relay Services to make a 911 call, Sorenson is not liable for any claim, damage or loss arising from your use of its IP-based Relay Services to facilitate that call. Specifically, Sorenson is not liable in tort, contract, or otherwise for any personal injury, property damage, death, or other harm 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, software, or facility that permits you to use Sorenson’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; or (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, Sorenson is not liable for any damages arising from your failure to provide Sorenson 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, Sorenson 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 Sorenson as your default provider, you may make and receive IP- based Relay Services calls, including 911 calls, using any provider. If, however, you have chosen Sorenson as your default provider but place a 911 call through an IP-based relay provider other than Sorenson, Sorenson will have no control over the way the other provider will handle, process, or route the call. Sorenson 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 Sorenson’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, including but not limited to the following:

First, Sorenson may not automatically be able to obtain your location information or route your call to the appropriate emergency personnel if (i) you use Sorenson’s IP-based Relay Services to place a 911 call, and you have not provided Sorenson an up-to-date Registered Location; (ii) you have not chosen Sorenson as your default provider; or (iii) your Registered Location is not served by the Wireline E911 network or is not available to Sorenson. Furthermore, in these circumstances, if you are incapacitated or otherwise unable or unwilling to give the Sorenson interpreter your address, Sorenson may not be able to obtain your location information and give it to appropriate emergency personnel, although Sorenson will use its best efforts to do so.

Second, even if you have provided Sorenson 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 update your Registered Location so that your 911 call will be routed to the emergency authority serving your location. If you place a 911 call from an address before activation of 911 service for that address, Sorenson 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 your videophone or other equipment and/or software provided to or used by you fails to function.

Fourth, you may not be able to use Sorenson’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, but not limited to, congestion, interruptions, or technical problems that may affect your ability to access the Internet;
• your broadband or internet service has been canceled, suspended or terminated for any reason (including for failure to pay); or
• your use of relay service equipment, including Sorenson videophones and/or software, has been terminated, suspended, restricted, canceled, or disabled.

Fifth, 911/E911 is available only for calls placed from a location within the United States or one of its territories or possessions.

Sixth, if you use a Sorenson videophone and/or Sorenson software to place a 911 call through an IP-based Relay Service provider other than Sorenson, Sorenson will have no control over the way the other provider will handle, process, or route the call. Sorenson 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.

Sorenson will not be liable for any cost or damage arising either directly or indirectly from (i) your failure to accept the limitations expressed in this Disclaimer, including your use or misuse of Sorenson’s IP-based Relay Services, (ii) the porting of the telephone number(s) assigned to you to a default provider other than Sorenson, or

(iii) Sorenson’s termination, suspension, restriction, or cancellation of your use of its IP-based Relay Services, and/or Sorenson’s retrieval or disabling of its videophone and/or software. In no event shall Sorenson, its employees, 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 these limitations 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.

Sorenson will be liable for no more than the amount of actual direct damages to the person or property.

Except as expressly provided in this Disclaimer, and then only to the extent provided, Sorenson makes no warranties or representations of any kind regarding its IP-based Relay Services.

SORENSON DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Sorenson

disclaims any and all warranties of quiet enjoyment, performance, and non-infringement. Sorenson also makes no warranty that its IP-based Relay Services will be error free or provide uninterrupted service or functionality.

Sorenson shall not be liable for any consequential or incidental damages. Sorenson does not authorize anyone, including, but not limited to, Sorenson’s employees, independent contractors, agents or representatives, to make a warranty of any kind on Sorenson’s behalf and you should not rely on any such statement.

CALLS INVOLVING MEDICAL, MENTAL HEALTH, OR LEGAL ISSUES

When a Sorenson interpreter is interpreting an IP-based Relay Service call, he or she is doing so pursuant to federal law. Specifically, Sorenson’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, Sorenson cannot and does not represent, warrant, or guarantee that Sorenson’s IP-based Relay Services will meet any requirements mandated by the laws of any state or locality. For example, the role of an in-person interpreter in a legal setting varies from state to state, and may include additional responsibilities including 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 an assignment to determine if they are qualified and to refuse the assignment if they feel they are not appropriately qualified to interpret. Sorenson’s IP- based Relay Service interpreters are not subject to such requirements. Moreover, federal law generally prohibits Sorenson IP-based Relay Service interpreters from revealing the content or existence of a telecommunications relay service call, even when doing so would be inconsistent with state or local laws. As a result, a Sorenson IP- based Relay Service 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, Sorenson employs only qualified interpreters who are capable of interpreting effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Sorenson, 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.

EFFECT OF END USER LICENSE AGREEMENT TERMS, CONDITIONS & ACCEPTABLE USE POLICIES

If a Sorenson videophone and/or software has been assigned to you, your use of that videophone and/or software shall be governed by Sorenson’s applicable END USER LICENSE AGREEMENT TERMS, CONDITIONS & ACCEPTABLE USE POLICIES located at http://www.sorensonvrs.com/eula. In the event of any conflict between the terms and conditions of this Disclaimer and the Service and Product Agreement(s), the Service and Product Agreement(s) shall govern and control.

GOVERNING LAW

This Disclaimer will be governed by the laws of the State of Utah, U.S.A., without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use the Sorenson IP-based Relay Services. All actions arising from or pertaining to this Disclaimer and all disputes between the parties shall be initiated, maintained, and resolved in Salt Lake City, in the State of Utah.

CHANGES TO THIS DISCLAIMER

Sorenson will update this Disclaimer if our practices change or if the law requires changes to it. You should review this document regularly for changes, and can easily see if changes have been made by checking the effective date below. The Disclaimer is available for viewing at http://www.sorenson.com/disclaimer. If you do not agree to the terms of this Disclaimer or any other Sorenson Policy, Disclaimer, or Agreement, you should stop using all Sorenson IP-based Relay Services and products immediately. Your continued use following the posting of any changes to this Disclaimer means you agree to be bound by the terms of this Disclaimer.

This Disclaimer was last updated and is effective as of August 24, 2018.

Sorenson End User License Agreement

This End User License Agreement (“Agreement”) is entered into as of _________________________ by and between________________________________ (“Customer”) and Sorenson
Communications, LLC, (“Sorenson”), a Utah limited liability company having its principal place of business at 4192 S. Riverboat Road, Salt Lake City, Utah 84123.

WHEREAS, Sorenson offers Video Relay Service (VRS), a telecommunication relay service that allows people with hearing or speech disabilities who use sign language to communicate with voice telephone users; and

WHEREAS, Sorenson will make available to Customer at no cost Hardware and Software that may be used to place deaf-to-hearing VRS calls, to receive hearing-to-deaf VRS calls, and to make and receive non-VRS point-to-point calls; and

WHEREAS, Sorenson will receive compensation from the Telecommunications Relay Service Fund only when Customer uses one of Sorenson’s video interpreters to facilitate a VRS call; and

WHEREAS, Customer desires to obtain from Sorenson VRS and the necessary Hardware or Software to enable its employees, contractors, or other representatives who have hearing or speech disabilities to communicate over the telephone;

NOW THEREFORE, the parties agree as follows:

1. Definitions

In this Agreement, the following words shall have the following meanings:

1. 1. “Agreement” means this End User License Agreement.
   2. “Customer” means the Customer to whom the Hardware or Software has been licensed and any person who Customer permits to use Sorenson’s Video Relay Service.
   3. “Dispute” means any dispute between the Parties and any dispute relating to use of the Hardware, Software, Sorenson’s services, or any other product or service provided by Sorenson. It includes but is not limited to (1) any and all claims, suits, or other controversies arising out of this Agreement or in any way related to the relationship between the Parties; (2) any and all claims, suits, or other controversies brought by Customer or by any user of the Hardware or Software or services provided under this Agreement (including suits against our employees, officers, agents, affiliates, or other representatives) (3) any and all claims, suits, or other controversies that Sorenson brings against Customer; (4) claims, suits, or other controversies that arise in contract, tort, statute, fraud, or misrepresentation, advertising claims, and claims involving any other legal theory; and (5) claims, suits, or other controversies that arose after this Agreement is terminated.
   4. “Hardware” means any Sorenson videophone, including but not limited to the Sorenson ntouch(R) VP, Sorenson VP-100(R) Sorenson VP-200(R), or Sorenson Lumina(R) videophone and related services provided to Customer by Sorenson, including all its software, features, and functions, as well as any other Sorenson- provided device, such as a router or monitor, that connects to the Hardware within Customer’s premises.
   5. “TRS Fund” means the Telecommunications Relay Service Fund.
   6. “Operating Device” means an electronic device, including but not limited to a computer, electronic tablet (e.g., iPad or similar device), mobile phone, or any other similar electronic device owned by Customer, or which Customer is authorized to use on an ongoing basis, and on which the Software is installed and used.
   7. “Party” or “Parties” means Customer and Sorenson.
   8. “Personally Identifiable Information” means any information that can be used to identify or contact Customer or any user of Sorenson’s VRS.
   9. “Point-to-point call” means a non-VRS call in which the Hardware or Software connects to another video end-point to allow users to communicate directly without the assistance of an interpreter.
   10. “Registered Location” means the most recent address that Customer has provided to Sorenson using the methods identified in this Agreement to identify the physical location where Customer uses the Hardware or Software. If Customer provides updated physical location information to Sorenson, the new information does not become Customer’s Registered Location until Sorenson processes the update and notifies Customer that the Registered Location has been changed.
   11. “Software” means the ntouch(R) Software and all explanatory documentation, source code, object code, interfaces, content, fonts, upgrades, modifications, Software Updates, additions, and any data that came with the Software, is provided in association with the Software, or is later released as part of a Software Update.
   12. “Sorenson,” means Sorenson Communications, LLC, and its employees, agents, independent contractors, and affiliated entities authorized to license the Hardware or the Software to you under this Agreement.
   13. “TTY” means traditional text telephone.
   14. “Update” means an update to the Hardware or Software, such as programming repairs, patches, enhanced functions, new or modified plug-ins, and new versions.
   15. “User” means any person who uses the Hardware or Software provided to Customer.
   16. “Video Interpreter” or “VI” means a person who transliterates or interprets conversation between two or more users of VRS.
   17. “Video Relay Service” or “VRS” means a telecommunications relay service that allows people with hearing or speech disabilities who use sign language to communicate with voice telephone users through video equipment using a Video Interpreter. The video link allows the VI to view and interpret the person’s signed conversation and relay the conversation back and forth with a voice caller.
   18. “VRI” means a video remote interpreting service provided by Sorenson or another provider via a video connection, in which an interpreter functions as a replacement for an on-site interpreter and who is not physically present to interpret for two persons who are together at the same location.

2. Conditions of Use

1. 1. No Unlawful or Wrongful Use: Customer agrees to do the following and to use reasonable efforts to ensure that its employees, contractors, other representatives, and any other videophone users do the following:

1. 1. 1. Comply with all applicable laws with respect to the Hardware and Software and the use of the Hardware and Software or VRS;
      2. Not engage or participate in communications or conduct of an abusive, pornographic, lewd, obscene, harassing, fraudulent, or unlawful nature while using the Hardware or Software or VRS;
      3. Not record, forward, post on the Internet, or transmit the voice, image, and/or likeness of any Sorenson employee in any way for any purpose, or to store, retrieve, use, or facilitate the use of, the voice, image, and/or likeness of the Sorenson employee in any way other than as necessary to permit the provision of VRS or SignMail(R) service;
      4. Not use the Hardware or Software in a way that interferes with Sorenson’s ability to provide VRS or point-to-point communications capability to Customer or other users and not use the Hardware or Software in a way that impinges on any other user or his or her enjoyment or use of the Hardware or Software or any of Sorenson’s services;
      5. Not use Sorenson’s VRS for any purpose that would result in false claims for TRS Fund compensation;
      6. Not use Sorenson’s VRS for any purpose that would result in use of VRS by persons who do not need the service in order to communicate in a functionally equivalent manner to a hearing person using a voice telephone;
      7. Not use the Hardware or Software for a VRS call in which the user is not actively participating in the call;
      8. Not use the Hardware, Software, Sorenson’s VRS, or any of Sorenson’s systems or servers to infringe on any intellectual property rights, or other proprietary rights, including, but not limited to, trademark, copyright, patent, and trade-secret rights; and
      9. Not violate or breach in any way the security of Sorenson’s website, Sorenson’s networks, or any computer or device owned by Sorenson. Without limiting the foregoing, the following types of computer intrusions are prohibited: disseminating or planting viruses; causing a denial of service attack which interferes with access by authorized users; retrieving personal or proprietary information without authorization; or causing the transmission of any other program, information, code, or command that may damage the integrity or availability of data, a program, a system, or information. Any such intrusions may result in criminal or civil liability.

1. 2. Suspension or Termination: Sorenson has the right, in its sole discretion, to (1) discontinue or suspend, without advance notice, your use of the Hardware or Software or VRS for any reason or no reason, including if it becomes aware that Customer has breached the Agreement; (2) investigate a potential violation of any provision of the Agreement; (3) disclose to the full extent permitted by law any suspected use of the Hardware or Software or VRS that Sorenson believes is unlawful or injurious to the rights, property, or safety of Sorenson, its employees, users, and/or members of the public; and (4) seek reimbursement and damages in the event of a violation of this Agreement. Sorenson is not required to provide Customer with advance notice before discontinuing or suspending Customer’s use of the Hardware, Software, or VRS. To the extent Sorenson notifies Customer of violations of this Agreement, Customer agrees to take reasonable measures to correct them.
   3. Competitive Provider: Customer certifies that it is not obtaining and will not use the Hardware or Software on behalf of another VRS or VRI provider, and that it is not an employee, affiliate, or agent of another VRS or VRI provider.
   4. Connectivity: Customer agrees to provide power and Internet access for the device. Customer further agrees to work with Sorenson to ensure that its firewall and network security do not interfere with connectivity.

3. Representations and Warranties

Customer represents and warrants the following:

1. 1. Customer understands that the cost of VRS calls is paid for by contributions from other telecommunications users to the TRS Fund. Customer will make reasonable efforts to ensure that use of Sorenson’s VRS is limited only to persons with a hearing or speech disability who need VRS to be able to communicate effectively with a hearing person via telephone.
   2. Customer will provide Sorenson with truthful and accurate information regarding (i) the name and physical address of the organization, business, or agency where the enterprise or public videophone is located; (ii) the name of the individual associated with the organization, business, or agency who is responsible for the videophone; and (iii) the specific type of location where the videophone will be placed within the organization.
   3. Customer will specify whether the videophone will be: (i) in a private or restricted location (including shared offices, conference rooms, hospital rooms, or other locations where access is restricted) for the use of the organization’s deaf employees or other deaf individuals (an “enterprise videophone”); (ii) maintained by a business, organization, government agency, or other entity, and made available for use by the public in a public space, such as a public area of a business, school, hospital, library, airport, or government building (a “public videophone”); or (iii) assigned to a hearing employee or other representative of the organization who knows ASL (“a hearing videophone”).
   4. Customer certifies that the videophones will not be used other than in the manner specified by the Customer at the time of installation/activation. Customer agrees that it will immediately notify Sorenson if any of the information required by this section changes, including but not limited to, the identity of the individual responsible for the videophones.
   5. Customer will provide all information and sign any and all agreements, certifications, and consents required by the FCC to be eligible to receive VRS.

4. Videophone Types

1. 1. Enterprise Videophones: Customer agrees that videophones designated as enterprise videophones will be maintained by a business, organization, government agency, or other entity and designated for use by Customer’s employees or other individuals in private or restricted areas. Customer agrees to make the device available only in a private or restricted location, such as shared offices, conference rooms, hospital rooms, or other locations where access is restricted. Customer agrees not to change the location of the device without notifying Sorenson and obtaining its consent.
   2. Public Videophones: Customer agrees that videophones designated as public videophones will be maintained by a business, organization, government agency, or other entity, and made available for use by the public in a public space, such as a public area of a business, school, hospital, library, airport, or government building. Customer agrees to keep the device in a public space as required by federal law, and will not change the location of the device without notifying Sorenson and obtaining its consent.
   3. Hearing Videphones: Customer agrees that videophones designated as hearing videophones may not be used to place Video Relay Service calls and may be used only to place point-to-point (non-interpreted) calls that are not billed to the TRS Fund. Customer expressly acknowledges that the device will not be able to place emergency calls, including calls to 911, and agrees to ensure that all users of hearing videophones are aware of this restriction and that they have an alternative means for dialing 911 in case of an emergency.

5. Privacy Matters  

1. 1. Customer acknowledges that the use of the Hardware, Software, or Sorenson’s VRS, including to place or receive a call or to leave a SignMail(R) (video mail) message, may require a user’s image and/or voice to be transmitted over the Internet. Customer further understands that due to the nature of the Internet and/or wireless communications, any privacy right, copyright, or other right or interest in the user’s voice, image, or likeness may be lost with respect to any specific transmission as a result of such transmission. Customer releases and agrees to hold Sorenson harmless from any and all responsibility for any loss of rights and/or interests resulting from transmission of users’ voice, likeness, and/or image over the Internet. The foregoing shall not be construed as consent to the use of any voice, likeness, or image for purposes other than VRS and point-to-point calls.
   2. Any Personally Identifiable Information that is collected, maintained, or generated by the Hardware or Software will be subject to applicable terms and conditions of Sorenson’s Privacy Policy posted on Sorenson’s website at: http://www.sorenson.com/privacy.

6. Service and Updates

1. 1. Service: Customer agrees that only Sorenson may service or repair the Hardware or Software, and that Customer will not allow anyone other than Sorenson, including but not limited to other VRS providers, to attempt to service or repair the Hardware or Software. Customer may allow a third party to service or repair an Operating Device on which the Software is installed, as long as such third party is not a provider of VRS or otherwise a Sorenson competitor and as long as that third party agrees not to attempt to copy, decompile, modify, extract, disassemble, take apart, or otherwise reverse-engineer or tamper with the Hardware or Software.
   2. Updates: The Hardware or Software periodically may communicate with Sorenson’s servers to check for available Updates to the Hardware or Software. If an Update is available, it will be automatically downloaded and installed to the Hardware or Operating Device without notice. Customer agrees not to interfere with the Hardware or Software’s ability to automatically request and receive Updates from Sorenson’s servers.

7. Porting

Customer may transfer or port the Sorenson ten-digit number assigned to Customer to a default provider of VRS other than Sorenson. If Customer already has a local ten-digit telephone number from a provider other than Sorenson, but would like to select Sorenson as its default provider,

Customer may port the telephone number to Sorenson. When Customer ports its number from another provider, it may continue using the same phone number assigned to it by its prior provider. Alternatively, Customer may ask Sorenson to assign Customer a new number and “redirect” the ported number so that callers hear a message that the ported number has been changed. If Sorenson agrees to do so, Sorenson does so solely as a courtesy and has no obligation to ensure that the redirect works correctly. Moreover, if Customer asks Sorenson to redirect a number, Sorenson will generally do so for a maximum of ninety (90) days, after which Sorenson may return the ported number to its numbering provider for assignment to another person. Once Sorenson has returned the ported number to its numbering provider, that numbert will no longer be assigned to Customer, and Customer will no longer be able to port it to another provider. Therefore, if Customer wants to keep a number, Customer should not ask Sorenson to put it in redirect mode. The Hardware or Software transmits information to, and receives information from, a remote Sorenson server. The FCC’s rules prohibit this information transfer if Sorenson is not the default provider of VRS for the telephone number(s) assigned to the Hardware or Software. As a result, some of the Hardware or Software’s features and functions will not be operational if Sorenson is not the default provider for the number(s) assigned to it.

8. Returning the Hardware

Customer may return the Hardware by contacting Sorenson at vrssales@sorenson.com or placing a point-to-point call to 866-756-6729. Customer is not authorized to and may not give any other VRS provider, or any commercial entity working with or for any other VRS provider, authority to return the Hardware for Customer. This paragraph of the Agreement shall continue to apply after the Agreement expires.

9. Safety and Security of Equipment

Customer agrees to use reasonable efforts to keep the Hardware and Software safe and secure from thieves or vandals, unsupervised or ineligible users, and any other conditions that would likely damage the Hardware or Software or impair its functions. If the Hardware or Software has been stolen or appears to have been damaged, tampered with, or not to be functioning properly, Customer agrees promptly to email Sorenson at vrssupport@sorenson.com or, if possible, to contact our service staff through the Hardware or Software.

10. Emergency Calls

1. 1. Registered Location: To place an emergency call, users can dial the emergency 911 number through Sorenson’s VRS. To ensure 911 calls are routed to the proper emergency response center and that the emergency response personnel can send help to the user’s physical location, Sorenson (as Customer’s default provider) needs to obtain the address from which emergency calls may be placed. Customer is responsible for providing Sorenson an up-to-date Registered Location. Customer acknowledges that failure to do so may prevent Sorenson from obtaining the user’s location information and routing a call to the appropriate emergency center or providing the user’s physical location. If Customer changes the Registered Location (e.g., Customer moves the videophone to another location), Customer shall update Sorenson with the new location information. After Customer updates the Registered Location, it will take some time (hours or more if there are issues reading or entering the address information provided) to activate 911 service at the provided address and, if a 911 emergency call is made prior to activation, then the user’s call and the Registered Location information may not be automatically routed to the appropriate emergency personnel. Customer can inform Sorenson of the initial or new Registered Location by visiting www.sorensonvrs.com/moving, or calling 800-659-4810 from the Hardware or from the Operating Device with the Software.
   2. Shared Location: Some versions of the Software include an optional functionality called “Share Location.” If Customer elect to turn on the “Share Location” feature during a call, the Software will attempt to retrieve the current location via GPS (if using a GPS-enabled Operating Device) and Customer may elect to display its current address to the user, the Sorenson interpreter, and/or to the person to whom the use placed the call. “Share Location” is an entirely optional feature, and it will not identify or otherwise track the user’s location unless activated. Sorenson cannot guarantee that the “Share Location” feature will provide correct address information in every situation. Accordingly, Customer acknowledges and agrees that “Share Location” is not a substitute for providing Sorenson with your Registered Location for purposes of 911 emergency calls.
   3. Limitations and Risks: Sorenson recommends that Customer maintain an alternative means of making an emergency call to 911 (for example, through a traditional text telephone or a standard telephone) in the event that Customer is unable to use Sorenson’s VRS for any reason. VRS requires that Customer’s internet access service be working, and that the videophone is receiving power; it will not work when the power is out. Dialing 911 from a TTY or traditional phone remains the most reliable and fastest method of reaching emergency response personnel. Customer agree to make all users aware that use of Sorenson VRS to place a 911 call is subject to important limitations and risks.
   4. Limited to the United States: 911/E911 is available only for calls placed from a location within the United States or one of its territories or possessions.
   5. Technical Trouble or Errors: It is possible that, as a result of technical errors or human errors, a user’s location and any telephone number associated with Sorenson VRS may not be automatically passed to the emergency service center or personnel when Sorenson VRS is used to place a 911 emergency call, or the call may not be completed. Technical errors may include (i) a Hardware or Software malfunction; (ii) a broadband network outage or power outage, or degradation of Internet service as a result of congestion, interruptions, or technical problems that may affect the videophone’s ability to access the Internet; (iii) cancellation, suspension, or termination of your broadband or Internet service for any reason (including for failure to pay); or (iv) termination, suspension, restriction, or cancellation of the use of the service, Hardware or Software under this Agreement. Human errors may include misinterpretation, mistakes, or a user’s inability to provide the interpreter with the appropriate address. In each case, Sorenson may not be able to obtain the >user’s location or other relevant information and/or provide that information to the appropriate emergency personnel.
   6. Other Providers: If the Hardware or Software is used to place a 911 call through a VRS provider other than Sorenson, Sorenson will have no control over the manner in which the other provider will handle, process, or route the call. Sorenson 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 location will be automatically routed to the appropriate emergency personnel.
   7. Hearing Videophone: IF SORENSON PROVIDES CUSTOMER WITH A HEARING VIDEOPHONE AS DEFINED IN SECTION 4.C, CUSTOMER ACKNOWLEDGES THAT THE PHONE WILL NOT BE ABLE TO PLACE EMERGENCY CALLS AND AGREES TO ENSURE THAT ALL USERS ARE AWARE OF THIS RESTRICTION AND HAVE AN ALTERNATIVE MEANS TO DIAL 911 IN CASE OF AN EMERGENCY.
   8. LIMITATION AND WAIVER OF LIABILITY FOR 911 CALLS: IF THE SERVICE, HARDWARE, OR SOFTWARE IS USED TO MAKE A 911 CALL, WHETHER THROUGH SORENSON VRS OR THROUGH ANOTHER VRS PROVIDER, SORENSON IS NOT LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS ARISING FROM THE USE OF THE HARDWARE OR SOFTWARE TO FACILITATE THAT CALL. SPECIFICALLY, SORENSON IS NOT LIABLE TO CUSTOMER, CUSTOMER’S EMPLOYEES, CONTRACTORS, OR OTHER REPRESENTATIVES, OR ANY OTHER USER IN TORT, CONTRACT, OR OTHERWISE FOR ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM ARISING OUT OF OR RELATED TO USE OF THE HARDWARE OR SOFTWARE TO MAKE A 911 CALL, OR THE PROVISION OF ANY VRS OR VRI INTERPRETING SERVICES INCIDENTAL TO OR IN CONNECTION WITH SUCH A CALL, INCLUDING BUT NOT LIMITED TO ANY ACT OR OMISSION INVOLVING (1) THE DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE, OR PROVISION OF THE HARDWARE OR SOFTWARE OR ANY EQUIPMENT OR FACILITY THAT PERMITS THE USE OF THE HARDWARE OR SOFTWARE, OR ANY VRS OR VRI 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; OR (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, SORENSON IS NOT LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PROVIDE SORENSON AN ACCURATE, UP-TO-DATE REGISTERED LOCATION. THIS LIMITATION AND WAIVER OF LIABILITY IS EFFECTIVE EVEN IN THE EVENT OF SORENSON’S NEGLIGENCE. SORENSON, 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 CARRIER UNDER FEDERAL AND APPLICABLE STATE LAW (WHETHER THROUGH STATUTE, JUDICIAL DECISION, TARIFFS FILED BY SUCH LOCAL EXCHANGE CARRIER, OR OTHERWISE).

11. myPhone Program

1. 1. Consent to Program: Sorenson will provide Customer with the option to link its various devices that run Sorenson Software through the myPhone program. If Customer elects to join a myPhone group, Customer consents to having all of the numbers in the group ring when any member of the group receives an incoming call and agrees to notify its employees, contractors, or other representatives who use Sorenson’s Software of these terms of the myPhone Progam. Customer consents to receiving all notifications of account changes at the email address, mailing address, or other contact information of the individual responsible for the videophones assigned to Customer. Customer further consents to having all the numbers in a myPhone group share information, including but not limited to CallerID, sign mail, video center, contact list, and blocked list.
   2. Access to CPNI: If Customer elects to participate in the myPhone program and a myPhone group consists of more than one person, everyone in the group will be granted access to some of the confidential proprietary network information (“CPNI”) and other information of the other members of the group, including CallerID, sign mail, video center, contact list, and blocked list. By joining a myPhone group involving more than one person, Customer agrees to allow Sorenson to share the myPhone group’s CPNI with all other members of the myPhone group for the purpose of providing the group with the myPhone service. Customer has the right to prevent Sorenson from allowing others to access its CPNI, and Sorenson has a duty, under federal law, to honor Customer’s request and protect the confidentiality of your CPNI. IF CUSTOMER DOES NOT WISH TO SHARE ITS CPNI WITH ANYONE ELSE, CUSTOMER SHOULD NOT NOT JOIN A MYPHONE GROUP INVOLVING MORE THAN ONE PERSON. Customer has the right to withdraw its consent to allow Sorenson to permit other myPhone group members to access CPNI at any time by removing itself from the myPhone group. Customer approval or denial of approval to allow Sorenson to share CPNI is valid until affirmatively permitted or revoked. Customer may indicate its approval or denial of approval by joining or not joining a myPhone group, or by contacting a Sorenson customer information representative.
   3. Disbanding myPhone: Sorenson retains sole discretion, for any reason and at any time, to determine that a myPhone group will be disbanded or to end the myPhone program. A myPhone group may not included VRS-enabled devices and a Hearing Videophone. If Customer’s myPhone group is disbanded, Sorenson will notify Customer, and Customer’s videophone’s telephone number will ring only the videophone to which Customer’s telephone number is assigned and no other devices. If Customer ports its videophone’s telephone number to another provider, Customer’s videophone’s telephone number will be transferred to the new provider, and the myPhone group will be disbanded.

12. Sorenson’s Obligations

1. 1. Ten-Digit Numbers: The FCC requires VRS providers to offer functionally equivalent ten-digit telephone numbers. Customer must have a ten-digit number to make or receive calls using the Hardware and Software, with the exception of 911 emergency calls. If Customer becomes ineligible for VRS services for any reason, Sorenson may terminate Customer’s account and reclaim Customer’s ten-digit number.
   2. Default Provider: When Customer obtains a Sorenson telephone number for VRS, Hardware or Software, Customer selects Sorenson as its “default” provider of VRS. This means that all VRS calls to and from the local ten-digit telephone number(s) assigned to the Hardware or Software will be routed, by default, though Sorenson VRS. FCC regulations prohibit Sorenson from completing non-emergency VRS calls if you have not registered with a default provider. As Customer’s default provider, Sorenson must comply with various legal requirements. Pursuant to these requirements, Sorenson will: (i) obtain from you 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 from the Hardware or Software via Sorenson VRS to the appropriate emergency personnel, and transmit the call-back number and other required information to the emergency response center. See Section 10 for more information on 911 emergency calls. IT IS IMPORTANT THAT YOU KEEP YOUR REGISTERED LOCATION UP TO DATE BECAUSE SORENSON WILL USE THAT LOCATION TO ROUTE 911 CALLS, AND TO PROVIDE TO 911 OPERATORS. FAILURE TO UPDATE YOUR REGISTERED LOCATION COULD DELAY OR PREVENT 911 RESPONSE IN AN EMERGENCY.

13. Warranty, Limitations of Liability and Indemnification

1. 1. No Warranty: SORENSON DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. Sorenson disclaims any and all warranties of quiet enjoyment, performance, and non-infringement. Sorenson also makes no warranty that the Hardware or Software will be error free or provide uninterrupted service or functionality. Sorenson does not authorize anyone, including, but not limited to, Sorenson’s employees, independent contractors, agents, or representatives, to make a warranty of any kind on Sorenson’s behalf and Customer should not rely on any such statement. Sorenson does not represent, warrant, or guarantee that its relay interpreters meet the various interpreting requirements mandated by the laws of any State, or that its interpreters are trained, authorized, or certified to provide VRS pertaining to any particular area of expertise, including medical, mental health, or legal.
   2. Limitations of Liability. Customer agrees that Sorenson shall not be responsible or liable for any claims or causes of action that arise from any use of the Hardware or Software or from any use of VRS, even if Sorenson has been negligent. This limitation does does not apply to claims arising out of Sorenson’s gross negligence or willful misconduct. Without limiting the foregoing, Sorenson will not be liable for any cost or damage arising either directly or indirectly from (i) any failure to comply with this Agreement, including the use or misuse of the Hardware or Software; (ii) the porting of the telephone number(s) assigned to the Hardware or Software to a default provider other than Sorenson; or (iii) Sorenson’s termination, suspension, restriction, or cancellation of Customer’s license to use the Hardware or Software and/or Sorenson’s retrieval or disabling of the Hardware or Software. In no event shall Sorenson, its employees, 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 Sorenson is told they are possible, and these limitations apply to any claim no matter how that claim is styled or on what legal grounds (such as contract, tort, statute, misrepresentation) it is based. If Sorenson is nevertheless found liable for any damage to person or property, Sorenson will not be liable for more than the amount of actual direct damages to the person or property.
   3. Indemnification: Customer agrees to indemnify and hold Sorenson and its shareholders, officers, directors, employees, agents, independent contractors, and affiliated entities harmless for all costs, fees, expenses, and damages of any nature whatsoever related to any claims arising from or related to the use by any person of the Hardware or Software licensed to Customer, including court and arbitration costs, attorney’s fees, and the costs of other professionals, unless such claims are based solely on Sorenson’s gross negligence or willful misconduct.

14. Dispute Resolution and Governing Law

1. 1. Arbitration: The Parties agree to resolve all Disputes, regardless of theory, whenever brought and whichever party brings it, and whether between the parties to this Agreement or between one of the parties to this Agreement and the employees, agents, and/or affiliated businesses of the other party, whether such claims seek legal and/or equitable relief, shall be resolved by compulsory and binding arbitration conducted in Salt Lake City, Utah, and the parties hereby expressly waive any and all rights to a Trial By Jury, expressly submit to the personal jurisdiction of the arbitration panel (and state and federal courts where applicable) located in the State of Utah, waive any and all judicial remedies on any matter subject to this part, and agree that the following terms and conditions shall govern all such arbitrations:
      
      1. The arbitration process established by this Section is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1-16. The Parties agree that the FAA’s provisions—and not state law—govern all questions of whether a Dispute is subject to arbitration. The Parties each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability of this Agreement to arbitrate.
      2. An arbitrator which is specifically engaged in the practice of law and possessing special knowledge and experience in the subject matter of the claim shall conduct all arbitrations hereunder and shall be chosen by the process currently referred to as the “Striking Method.”
      3. The arbitration shall be conducted in accordance with the then-current commercial rules of the American Arbitration Association (the “AAA”). There shall be no requirement that the arbitration be conducted at the offices of the AAA nor shall it be required that the arbitration be managed by the AAA.
      4. The arbitrator shall have the power to award legal relief, as well as temporary and permanent equitable relief without a showing of irreparable harm by the moving party except that, any provision of applicable law notwithstanding, the parties shall not request, and the arbitrators shall have no authority to award, punitive or exemplary damages against any party.
      5. The decision of the arbitrator shall be made within thirty (30) days after the matter has been fully and finally arbitrated, and the award shall be in writing, contain the names of the parties, a description of the award issued, and be a reasoned decision.
      6. The decision of the arbitrator shall be held in confidence by the arbitrator and the parties and shall not be made available to the public except as required to enforce the decision. The decision shall be final and binding on the parties and the judgment shall be unappealable and may be entered in any court having jurisdiction thereof.

1. 2. Arbitration Filing Procedures: Any Party seeking to take a dispute to arbitration must first notify the other party in writing of the dispute. The other party shall then have sixty (60) days to resolve the dispute. If the dispute cannot be satisfactorily resolved within sixty days, then either party may commence an arbitration. Any claim or Dispute subject to arbitration under this Agreement must be brought within two (2) years after the date the basis for the claim or dispute first arises. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees, and expenses for witnesses, document production and presentation of evidence. Unless prohibited by law, the party prevailing before the arbitrator shall be entitled to recover the arbitration administrative fees and the expenses of the arbitrator from the other party.
   3. Governing Law: This Agreement will be governed by the law of the State of Utah, without regard to its choice of law rules, except that the arbitration provisions of this Agreement will be governed by the Federal Arbitration Act. This governing law provision applies no matter where Customer resides or is organized or incorporated, or where it uses the Hardware or Software.

15. INTELLECTUAL PROPERTY

1. 1. License and Limitations: Customer is granted a right and license to use Sorenson Hardware and Software subject to the terms and conditions contained in this Agreement. Customer’s right to use Sorenson Hardware and Software is limited by the rights and interests retained by Sorenson and its licensors with respect to the proprietary intellectual property embedded in the Hardware and Software, such as the proprietary software and firmware, and copyrighted materials, the proprietary nature of which are protected by copyright, trademark, trade secret, and other intellectual property law. Customer’s right to use Sorenson Hardware and Software is strictly subject to Customer’s compliance with this Agreement.
   2. No Sublicenses: Customer agrees that the right and license to the Sorenson Hardware and Software are granted to Customer only for the uses authorized by the type of videophone specified under Section 4 of this Agreement (enterprise, public, or hearing videophone). Customer agrees not to rent, resell, sublicense, distribute, share, or assign any right to the Hardware and Software without the prior approval of Sorenson. Customer further agrees not to charge a fee for the use of the Hardware and Software and agrees that all use shall be subject to this Agreement, and that Customer is responsible for such use as if Customer had used the service itself.
   3. De-compilation or Reverse Engineering: Customer agrees not to attempt to copy, decompile, modify, extract, disassemble, take apart, or otherwise reverse-engineer or tamper with the Hardware or Software, or to permit any other person to do so. Nothing in this Agreement and/or the use of the Hardware, Software, or VRS gives Customer any right, title, or interest to the Hardware or Software, including intellectual property rights, trademarks, copyrights, or patents. Customer is expressly prohibited from asserting or filing registrations and/or applications for ownership of intellectual property rights in the Hardware or Software in any jurisdiction throughout the world.
   4. Open Source Usage: The Software and Hardware operate using software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/source/license.html) and libraries derived from the FFmpeg (http://ffmpeg.org/legal.html) that are licensed under the GNU Lesser General Public License (LGPL) version 2.1. Sorenson does not claim any ownership of the software, libraries, or code of the Open SSL Project or FFmpeg. Nothing in this Agreement shall be deemed to restrict or limit your exercise of any rights granted to you under the LGPL.
   5. AVC License: THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.

20. General Terms

1. 1. Acts Beyond Our Control: Sorenson will not be responsible for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, weather, pathogens, strike, embargo, labor disputes, civil or military authority, war, terrorism, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.
   2. Assignment: Sorenson can assign all or part of our rights or duties under this Agreement without notifying Customer. In the event of an assignment, Sorenson shall have no further obligations with respect to any duties that may have been assigned.
   3. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, statements, and representations, whether written or oral, regarding the Hardware and Software. No written or oral statement, advertisement, or service description not expressly contained or incorporated by reference in the Agreement will be allowed to contradict, explain, or supplement it, except pursuant to the “Changes to this Agreement” paragraph below.
   4. Changes to this Agreement: Sorenson may change the terms or conditions of this Agreement from time to time. If Sorenson makes any changes to the terms or conditions set forth in this Agreement, Sorenson will notify Customer. If Customer does not agree to the terms of any revisions to this Agreement, Customer should cease use of the Hardware or Software and immediately contact Sorenson.
      Customer’s continued use of the Hardware or Software following notice of any changes to this Agreement constitutes Customer’s consent to be bound by the terms of this Agreement as revised.
   5. No Third Party Rights: This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
   6. Notices: Notices from Customer to Sorenson must be addressed as follows: Legal Dept., Sorenson Communications, LLC, 4192 South Riverboat Road, Suite 100, Salt Lake City, Utah 84123, U.S.A. Sorenson’s notice to Customer, to the extent applicable, may be made by postcard, letter, relay service call, email, or software Update. Customer agrees to notify Sorenson in writing promptly in the event Customer changes its address, including but not limited to its email address.
   7. Termination: This Agreement will automatically terminate if you fail to comply with any term or condition of this Agreement. Upon termination, you agree to return the Hardware and Software and to destroy any Software copy not returned (e.g. any copy stored on any Operating Device). You may relinquish your rights under this Agreement at any time by returning the Hardware and Software to Sorenson and by destroying all copies of the Software in your possession or control not so returned. See Section 4 of this Agreement for how to initiate the return of Sorenson Hardware.
   8. Severability: If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable. The part that is found invalid shall be replaced with terms under valid law that most closely matches the intent of the parties as manifested by this Agreement.

IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed on the dates set forth below by their duly authorized representatives.

SORENSON COMMUNICATIONS, LLC END USER LICENSE AGREEMENT

TERMS, CONDITIONS & ACCEPTABLE USE POLICIES

Governing Language. The English language version of this Agreement shall be controlling in all respects, notwithstanding any translation of this Agreement made for any purpose whatsoever. If any translation of this Agreement conflicts with the English version or contains terms in addition to or different from the English version, the English version shall prevail.

BY USING SORENSON’S VIDEO RELAY SERVICE OR BY USING THE HARDWARE OR SOFTWARE (AS DEFINED BELOW), YOU AGREE TO THE TERMS, CONDITIONS, AND ACCEPTABLE USE POLICIES SET FORTH HEREIN. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY RETURN THE HARDWARE, UNINSTALL THE SOFTWARE, AND/OR CEASE USING SORENSON VIDEO RELAY SERVICE. THIS AGREEMENT PROVIDES THAT DISPUTES ARE TO BE RESOLVED THROUGH BINDING ARBITRATION AND REPLACES YOUR RIGHT TO GO TO COURT. IT ALSO LIMITS YOUR ABILITY TO HAVE YOUR CASE HEARD AS A CLASS ACTION.

1. INTRODUCTION

Thank you for choosing Sorenson Video Relay Service (VRS). Sorenson VRS is a form of Telecommunications Relay Service that enables people with hearing disabilities who use American Sign Language (ASL) to communicate with voice-telephone users through video equipment, rather than through typed text. In order to use our Hardware and/or download our Software for use with Sorenson’s VRS you must certify that you have a hearing or speech disability AND that you need VRS to be able to communicate with other people who use a voice telephone. You must also certify that you understand that the cost of VRS calls is paid for by contributions from other telecommunications users to the interstate Telecommunications Relay Service Fund. Sorenson will make Hardware and Software available to you at no cost, although we will continue to own the Hardware and Software. You will be able to use the Hardware and Software, free of charge, to place deaf-to-hearing VRS calls, to receive hearing-to-deaf VRS calls, and to make and receive non-VRS point-to-point calls. Sorenson will receive compensation (from the interstate Telecommunications Relay Service fund, not from you) only when you use one of our video interpreters to facilitate a VRS call.

2. Certifications

YOU CERTIFY THAT YOU HAVE A HEARING OR SPEECH DISABILITY AND THAT YOU NEED VRS TO BE ABLE TO COMMUNICATE WITH OTHER PEOPLE.

YOU FURTHER CERTIFY THAT YOU UNDERSTAND THAT THE COST OF VRS CALLS IS PAID FOR BY CONTRIBUTIONS FROM OTHER TELECOMMUNICATIONS USERS TO THE INTERSTATE TELECOMMUNICATIONS RELAY SERVICE FUND

IF YOU ARE A PARENT, GUARDIAN, OR LEGAL REPRESENTATIVE OBTAINING SORENSON HARDWARE OR SOFTWARE ON BEHALF OF AND FOR USE BY A MINOR CHILD OR OTHER PERSON, YOU CERTIFY THAT THE CHILD OR OTHER PERSON HAS A HEARING OR SPEECH DISABILITY AND NEEDS VRS TO BE ABLE TO COMMUNICATE WITH OTHER PEOPLE. YOU FURTHER CERTIFY THAT THE CHILD OR OTHER PERSON UNDERSTANDS THAT THE COST OF VRS CALLS IS PAID FOR BY CONTRIBUTIONS FROM OTHER TELECOMMUNICATIONS USERS TO THE INTERSTATE TELECOMMUNICATIONS RELAY SERVICE FUND.

YOU ALSO CERTIFY THAT YOU ARE NOT OBTAINING AND WILL NOT USE THE HARDWARE OR SOFTWARE ON BEHALF OF ANOTHER VRS OR VRI PROVIDER, AND THAT YOU ARE NOT AN EMPLOYEE, AFFILIATE, OR AGENT OF ANOTHER VRS OR VRI PROVIDER.

3. Definitions

In this Agreement, the following words shall have the following meanings:

1. 1. “Agreement” means this End User License Agreement.
   2. “ASL” means American Sign Language.
   3. “Dispute” includes but is not limited to any dispute between the Parties. It includes but is not limited to (1) any and all claims or controversies arising out of this agreement or in any way related to the relationship between you and Sorenson; (2) any and all claims, suits, or controversies that you bring against us (including our employees, officers, agents, affiliates, or other representatives) or that we bring against you; (3) claims that arise in contract, tort, statute, fraud, or misrepresentation, advertising claims, and claims involving any other legal theory; (4) claims that arose before this Agreement or out of a prior version of this Agreement; and (5) claims that arose after this Agreement is terminated.
   4. “FCC” means the United States Federal Communications Commission.
   5. “Hardware” means the Sorenson ntouch® VP, Sorenson VP-100® or Sorenson VP- 200® videophone and related services provided to you by Sorenson, including all its software, features, and functions, as well as any other Sorenson-installed device, such as a router, that connects to the Hardware within your premises.
   6. “ISP” or “Internet Service Provider” means an entity that you select and pay to provide you with Internet service.
   7. “iTRS Fund” means the interstate Telecommunications Relay Service Fund.
   8. “Operating Device” means an electronic device, including but not limited to a computer, electronic tablet (e.g., iPad or similar device), mobile phone, or any other similar electronic device owned by you, or which you are authorized to use on an ongoing basis, and on which the Software (i.e., Sorenson’s Software) is installed and used.
   9. “Party” or “Parties” means you and Sorenson.
   10. “Personally Identifiable Information” means any information that can be used to identify or contact you.
   11. A “point-to-point call” means a non-VRS call in which the Hardware or Software connects to another video end-point to allow users to communicate directly without the assistance of an interpreter.
   12. “Registered Location” means the most recent address that you have provided to Sorenson using the methods identified in this Agreement to identify the physical location where you use the Hardware or Software. If you provide updated physical location information to Sorenson, the new information does not become your Registered Location until Sorenson processes the update and notifies you that your Registered Location has been changed.
   13. “Software” means the ntouch® Software and all explanatory documentation, source code, object code, interfaces, content, fonts, upgrades, modifications, Software Updates, additions, and any data that came with the Software, is provided in association with the Software, or is later released as part of a Software Update.
   14. “Sorenson,” “we,” “our,” and “us” means Sorenson Communications, LLC, and its employees, agents, independent contractors, and affiliated entities authorized to provide the Hardware or license the Software to you under this Agreement.
   15. “State” means the fifty (50) states of the United States, the District of Columbia, and all U.S. territories and possessions.
   16. “TTY” means traditional text telephone.
   17. “Update” means an update to the Hardware or Software, such as programming repairs, patches, enhanced functions, new or modified plug-ins, and new versions.
   18. “VCO” means “voice carryover” calls in which the person who has a hearing or speech disability speaks directly to other end users, and a Video Interpreter relays the hearing user’s response in sign language.
   19. “Video Interpreter” or “VI” means a person who transliterates or interprets conversation between two or more users of VRS.
   20. “Video Relay Service” or “VRS” means a telecommunications relay service that allows people with hearing or speech disabilities who use sign language to communicate with voice telephone users through video equipment using a Video Interpreter. The video link allows the VI to view and interpret the person’s signed conversation and relay the conversation back and forth with a voice caller.
   21. “VRI” means a video remote interpreting service provided by Sorenson or another provider via a video connection, in which an interpreter functions as a replacement for an on-site interpreter and who is not physically present to interpret for two persons who are together at the same location.
   22. “Web Page” means the portion of Sorenson’s website where updates to this End User License Agreement can be found, located at http://www.sorensonvrs.com/license.
   23. “You” and “your” means any person to whom the Hardware or Software has been licensed or who uses Sorenson’s Video Relay Service and, as applicable when a parent, guardian, or legal representative obtains Sorenson Hardware or Software on behalf of and for use by a minor child or other person, such minor child or other person.

4. User’s Obligations

No Unlawful or Wrongful Use. You agree:

1. to comply with all applicable laws with respect to the Hardware and Software and your use of the Hardware and Software or Sorenson’s VRS;
2. not to engage or participate in communications or conduct of an abusive, pornographic, lewd, obscene, harassing, fraudulent, or unlawful nature while using the Hardware or Software or Sorenson’s VRS;
3. not to record, forward, post on the Internet, or transmit the voice, image, and/or likeness of any Sorenson employee in any way for any purpose, or to store, retrieve, use, or facilitate the use of, the voice, image, and/or likeness of the Sorenson employee in any way other than as necessary to permit the provision of VRS, including SignMail® service;
4. not to use the Hardware or Software in a way that interferes with our ability to provide VRS or point-to-point communications capability to you or other users and not to use the Hardware or Software in a way that impinges on any other user or his or her enjoyment or use of the Hardware or Software or any of Sorenson’s services;
5. not to use Sorenson’s VRS for any purpose that would result in false claims for iTRS Fund compensation;
6. not to use Sorenson’s VRS for any purpose that would result in use of VRS by persons who do not need the service in order to communicate in a functionally equivalent manner to a hearing person using a voice telephone;
7. not to use the Hardware or Software for a VCO VRS call in which you are not actively participating in the call;
8. not to use the Hardware, Software, Sorenson’s VRS, or any of Sorenson’s systems or servers to infringe on any intellectual property rights, or other proprietary rights, including, but not limited to, trademark, copyright, patent, and trade-secret rights; and
9. not to violate or breach in any way the security of Sorenson’s website, Sorenson’s networks, or any computer or device owned by Sorenson. Without limiting the foregoing, the following types of computer intrusions are prohibited: disseminating or planting viruses; causing a denial of service attack which interferes with access by authorized users; retrieving personal or proprietary information without authorization; or causing the transmission of any other program, information, code, or command that may damage the integrity or availability of data, a program, a system, or information. Any such intrusions may result in criminal or civil liability.

Sorenson has the right to (1) discontinue or suspend, without advance notice, your use of the Hardware or Software or VRS for any reason or no reason, including if it becomes aware that you have breached the Agreement; (2) investigate a potential violation of any provision of the Agreement; (3) disclose to the full extent permitted by law any suspected use of the Hardware or Software or VRS that Sorenson believes is unlawful or injurious to the rights, property, or safety of Sorenson, its employees, users, and/or members of the public; and (4) seek reimbursement and damages in the event of a violation of this Agreement.

Privacy Matters. You understand and hereby acknowledge that your use of the Hardware, Software, or Sorenson’s VRS, including to place or receive a call or to leave a SignMail® (video mail) message, may require your image and/or voice to be transmitted over the Internet. You further understand that due to the nature of the Internet and/or wireless communications, any privacy right, copyright, or other right or interest in your voice, image, or likeness may be lost with respect to any specific transmission as a result of such transmission. You authorize and specifically grant permission to Sorenson and any applicable third-party service providers to transmit your voice, likeness, and/or image over the Internet solely for the purpose of providing VRS and point-to-point calls as needed, and you further release and agree to hold Sorenson harmless from any and all responsibility for any such loss of rights and/or interests resulting from transmission of your voice, likeness, and/or image over the Internet. The foregoing shall not be construed as consent to the use of your voice, likeness, or image for purposes other than VRS and point-to-point calls.

Service, Repair and Updates. You agree that only Sorenson may service or repair the Hardware or Software, and that you will not allow anyone other than Sorenson, including but not limited to other VRS providers, to attempt to service or repair the Hardware or Software. You may allow a third party to service or repair an Operating Device on which the Software is installed, as long as such third party is not a provider of VRS or otherwise a Sorenson competitor and as long as that third party agrees not to attempt to copy, decompile, modify, extract, disassemble, take apart, or otherwise reverse-engineer or tamper with the Hardware of Software.

If you have selected Sorenson as your default provider, the Hardware or Software periodically may communicate with Sorenson’s servers to check for available Updates to the Hardware or Software. If an Update is available, it will be automatically downloaded and installed to the Hardware or Operating Device without notice. You agree not to interfere with the Hardware or Software’s ability to automatically request and receive Updates from Sorenson’s servers.

Porting. Under the FCC rules you will be able to transfer (or “port”) the Sorenson 10-digit number assigned to you to a default provider of VRS other than Sorenson.

If you already have a local 10-digit telephone number from a provider other than Sorenson, but would like to select Sorenson as your default provider, you may port your telephone number to Sorenson. To do so, please contact Sorenson by calling 866-756-6729 or by sending an email to porting@sorenson.com.

When you port your number from another provider, you may continue using the same phone number assigned to you by your prior provider. Alternatively, you may ask us to assign you a new number and “redirect” your ported number so that callers hear a message that the ported number has been changed. If we agree to do so, we do so solely as a courtesy and have no obligation to ensure that the redirect works correctly. Moreover, if you ask us to redirect a number, we will do so for a maximum of 90 days, after which we will return the ported number to our numbering provider, and it will be assigned to another person. Once we have returned the number to our numbering provider, it will no longer be assigned to you, and you will no longer be able to port it to another provider. Therefore, if you wish to keep a number, you should not ask us to put it in redirect mode.
Many of the features and functions of the Hardware or Software are made possible because the Hardware or Software transmits

information to, and receives information from, a remote Sorenson server. The FCC’s rules prohibit this kind of information transfer if Sorenson is not the default provider of VRS for the telephone number(s) assigned to the Hardware or Software. As a result, some of the Hardware or Software’s features and functions will not be operational if Sorenson is not the default provider for the number(s) assigned to it.

Returning the Hardware. To initiate a return of the Hardware, you may email vrssales@sorenson.com or place a point-to-point call to 866-756-6729. YOU ARE NOT AUTHORIZED TO AND MAY NOT GIVE ANY OTHER PROVIDER OF VRS, OR ANY COMMERCIAL ENTITY WORKING WITH OR FOR ANY OTHER PROVIDER OF VRS,
AUTHORITY TO RETURN THE HARDWARE FOR YOU. This paragraph of the Agreement shall continue to apply after the Agreement expires.

License and Limitations. By checking the acceptance box on the Hardware interface or on the Operating Device on which the Software is installed, by using Sorenson VRS Service and the Hardware, or by using or downloading the Software, you are granted a right and license to use Sorenson Hardware and Software subject to the terms and conditions contained in this

Agreement. However, your right to use Sorenson Hardware and Software is limited by the rights and interests retained by Sorenson and its licensors with respect to the proprietary intellectual property embedded in the Hardware and Software, such as the proprietary software and firmware, and copyrighted materials, the proprietary nature of which are protected by copyright, trademark, trade secret, and other intellectual property law. Your right to use Sorenson Hardware and Software is strictly subject to your compliance with this Agreement.

No Sublicenses. You agree that the right and license to the Sorenson Hardware and Software are granted to you only for your own personal or business use (and that of the members of your household, visitors, and guests who must be registered and verified VRS users who have submitted a certification indicating that they have a medically recognized hearing or speech disability necessitating the use of VRS service in order to communicate with others (“Other Eligible Users”), and you agree not to rent, resell, sublicense, distribute, share, or assign any right to the Hardware and Software without the prior approval of Sorenson. If you allow use and access to your Other Eligible Users, including family members, you agree not to charge a fee for such use and you agree that all use by any such person shall be subject to this Agreement, and that you are responsible for such use as if you had used the service yourself. You also agree that you shall be responsible for their knowledge of and compliance with this Agreement, and that you may be held liable for any violations thereof by family members or others.

NO DE-COMPILATION OR REVERSE ENGINEERING OR COPYING OF HARDWARE/SOFTWARE. You agree not to attempt to copy, decompile, modify, extract, disassemble, take apart, or otherwise reverse-engineer or tamper with the Hardware or Software. Nothing in this Agreement and/or your use of the Hardware, Software, or VRS gives you any right, title, or interest to the Hardware or Software, including intellectual property rights, trademarks, copyrights, or patents. You are expressly prohibited from asserting or filing registrations and/or applications for ownership of intellectual property rights in the Hardware or Software in any jurisdiction throughout the world.

SAFETY AND SECURITY OF EQUIPMENT. You agree to use reasonable efforts to keep the Hardware and Software safe and secure from thieves or vandals, unsupervised users, and any other conditions that would likely damage the Hardware or Software or impair its functions. If the Hardware or Software has been stolen or appears to have been damaged, tampered with, or not to be functioning properly, you agree promptly to email us at vrssupport@sorenson.com, or, if possible, to contact our service staff through the Hardware or Software.

5. 911 Emergency Calls

Registered Location. If you need to place an emergency call, you can dial the emergency 911 number through Sorenson’s VRS. 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, Sorenson (as your default provider) needs to obtain the address from which you are placing the emergency call. You are responsible for providing Sorenson, as your default provider, or other VRS provider if you use their Video Relay Services to place a 911 call, an up- to-date Registered Location. If you fail to do so, the provider 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 Location (e.g., move your residence or take your VRS calling device to another location) you must update your default provider with your new location information. After you update your VRS provider with your Registered Location, it will take some time (hours or more if there are issues reading or entering the address information provided) to activate 911 service at the provided address and, if a 911 emergency call is made prior to activation, then your call and the Registered Location information may not be automatically routed to the appropriate emergency personnel. If Sorenson is your default provider, you can inform Sorenson of your initial or new Registered Location by visiting www.sorensonvrs.com/moving, or calling 800-659-4810 from the Hardware or from the Operating Device with the Software.

Some versions of the Software include an optional functionality called “Share Location.” If you elect to turn on the “Share Location” feature during a call, the Software will attempt to retrieve your current location via GPS (if you are using a GPS-enabled Operating Device) and you may elect to display your current address to you, the Sorenson interpreter, and/or to the person to whom you have placed the call. “Share Location” is an entirely optional feature, and it will not identify or otherwise track your location unless you elect to turn it on. Sorenson cannot guarantee that the “Share Location” feature will provide correct address information in every situation. Accordingly, you acknowledge and agree that “Share Location” is not a substitute for providing us with your Registered Location for purposes of 911 emergency calls.

LIMITATIONS AND RISKS IN USING VRS TO PLACE 911 CALLS. Sorenson 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) in the event that you are unable to use Sorenson’s VRS for any reason. Dialing 911 from a TTY or traditional phone remains the most reliable and fastest method of reaching emergency response personnel. If you use Sorenson VRS to place a 911 call, you should be aware that any such use is subject to the following important limitations and risks.

• 911 AVAILABLE ONLY IN THE U.S. 911/E911 is available only for calls placed from a location within the United States or one of its territories or possessions.
• Technical Trouble or Errors. It is possible that, as a result of technical errors or human errors, your location and any telephone number associated with Sorenson VRS may not be automatically passed to the emergency service center or personnel when you use Sorenson VRS to place a 911 emergency call. Technical errors may include:
  • a Hardware or Software malfunction;
  • a broadband network outage or power outage, or degradation of Internet service as a result of congestion, interruptions, or technical problems that may affect your ability to access the Internet;
  • cancellation, suspension, or termination of your broadband or ISP service for any reason (including for failure to pay); or
  • termination, suspension, restriction, or cancellation of your use of the Hardware or Software under this Agreement.

Human errors may include misinterpretation, mistakes, or your inability to provide the interpreter with your address. In each case Sorenson may not be able to obtain your location or other relevant information and/or provide that information to the appropriate emergency personnel.

• Other providers. If you use the Hardware or Software to place a 911 call through a VRS provider other than Sorenson, Sorenson will have no control over the manner in which the other provider will handle, process, or route the call. Sorenson 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.

LIMITATION AND WAIVER OF LIABILITY FOR 911 CALLS. (Initial)

_______IN THE EVENT THAT YOU USE THE HARDWARE OR SOFTWARE TO MAKE A 911 CALL, WHETHER THROUGH SORENSON VRS OR THROUGH ANOTHER VRS PROVIDER, SORENSON IS NOT LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS ARISING FROM YOUR USE OF THE HARDWARE OR SOFTWARE TO FACILITATE THAT CALL. SPECIFICALLY, SORENSON IS NOT LIABLE IN TORT, CONTRACT, OR OTHERWISE FOR ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM ARISING OUT OF OR RELATED TO USE OF THE HARDWARE OR SOFTWARE TO MAKE A 911 CALL, OR THE PROVISION OF ANY VRS OR VRI INTERPRETING SERVICES INCIDENTAL TO OR IN CONNECTION WITH SUCH A CALL, INCLUDING BUT NOT LIMITED TO ANY ACT OR OMISSION INVOLVING (1) THE DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE, OR PROVISION OF THE HARDWARE OR SOFTWARE OR ANY EQUIPMENT OR FACILITY THAT PERMITS YOU TO USE THE HARDWARE OR SOFTWARE, OR ANY VRS OR VRI 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; OR (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, SORENSON IS NOT LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PROVIDE SORENSON AN ACCURATE, UP-TO-DATE REGISTERED LOCATION. THIS LIMITATION AND WAIVER OF LIABILITY IS EFFECTIVE EVEN IN THE EVENT OF SORENSON’S NEGLIGENCE.

Sorenson, 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 carrier under Federal and applicable State law (whether through statute, judicial decision, tariffs filed by such local exchange carrier, or otherwise).

6. The myPhone Program.

Sorenson provides you with the option to link your various devices that run Sorenson Software through the myPhone program. If you choose to join a myPhone group, you consent to having all of the numbers in the group ring when any member of the group receives an incoming call. You consent to receiving all notifications of account changes at the email address, mailing address, or other contact information associated with your main videophone account. You further consent to having all the numbers in your myPhone group share information, including but not limited to CallerID, sign mail, video center, contact list, and blocked list.

If you join a myPhone group involving more than one person, everyone in the group will be granted access to some of your confidential proprietary network information (“CPNI”), including your CallerID, sign mail, video center, contact list, and blocked list. By joining a myPhone group involving more than one person, you agree to allow Sorenson to share your CPNI with all other members of your myPhone group for the purpose of providing your group with the myPhone service. You have the right to prevent Sorenson from allowing others to access your CPNI, and Sorenson has a duty, under federal law, to honor your request and protect the confidentiality of your CPNI. IF YOU DO NOT WISH TO SHARE YOUR CPNI WITH ANYONE ELSE, DO NOT JOIN A MYPHONE GROUP INVOLVING MORE THAN
ONE PERSON. You have the right to withdraw your consent to allow Sorenson to permit other myPhone group members to access to your CPNI at any time by removing yourself from the myPhone group. Your approval or denial of approval to allow Sorenson to share your CPNI is valid until you affirmatively revoke or limit such approval or denial. You may indicate your approval or denial of approval by joining or not joining a myPhone group, or by contacting a Sorenson customer information representative.

Sorenson retains sole discretion, for any reason and at any time, to determine that a myPhone group will be disbanded or to end the myPhone program. If your myPhone group is disbanded, Sorenson will notify you, and your videophone’s telephone number will ring only your videophone and no other devices. If you port your videophone’s service to another provider, your videophone’s telephone number will be transferred to the new provider, and your myPhone group will be disbanded.

7. Sorenson’s Obligations

10-Digit Numbers. The FCC requires VRS providers to offer functionally equivalent 10-digit telephone numbers. You must have a 10-digit number to make or receive calls using the Hardware and Software, with the exception of 911 emergency calls. To register for a 10-digit number from Sorenson, you must have a hearing or speech disability, you must need VRS to be able to communicate with other people, and you must know how to communicate in American Sign Language.

If you become ineligible for iTRS services because you are removed from the iTRS-User Registration Database, or if you have failed to connect the Hardware or Software associated with your 10-digit number to Sorenson’s network for a period of six months, Sorenson may reclaim the 10-digit number, and you agree that Sorenson may do so. For purposes of this paragraph, “connect the Hardware or Software associated with your 10-digit number” means having an active “heartbeat” on the Hardware or Software associated with the 10-digit number, which indicates to the Sorenson servers that the Hardware or Software has power and an active Internet connection, and is ready to send or receive communications from other callers via Sorenson’s VRS and point-to-point application. You do not need to place any VRS or point-to-point calls in order to be connected to Sorenson’s network and to retain your 10-digit number, and Sorenson will not consider whether you have made or received VRS calls in determining whether you have connected your 10-digit number to Sorenson’s network. You may request a new 10-digit number at any time if Sorenson has reclaimed your previous 10-digit number, but Sorenson will not be able to re-issue your previous 10-digit number to you. If you have any questions regarding your 10-digit telephone number(s), you may contact Sorenson by dialing 866-756- 6729 on the Hardware or Software or by sending an email to register@sorenson.com.

Default Provider. When you obtain a Sorenson telephone number for Hardware or Software, you are selecting Sorenson as your “default” provider of VRS. This means that all VRS calls to and from the local 10-digit telephone number(s) assigned to the Hardware or Software will be routed, by default, though Sorenson VRS. FCC regulations prohibit Sorenson from completing non-emergency VRS calls for you if you have not registered with a default provider.

As your default provider, Sorenson must comply with various legal requirements. Pursuant to these requirements, Sorenson will: (i) obtain from you 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 from the Hardware or Software via Sorenson VRS to the appropriate emergency personnel, and transmit the call-back number and other required information to the emergency response center. See Section 5 for more information on 911 emergency calls. IT IS IMPORTANT THAT YOU KEEP YOUR REGISTERED LOCATION UP TO DATE BECAUSE SORENSON WILL USE THAT LOCATION TO ROUTE 911 CALLS, AND TO PROVIDE TO 911 OPERATORS. FAILURE TO UPDATE YOUR REGISTERED LOCATION COULD DELAY OR PREVENT 911 RESPONSE IN AN EMERGENCY.

Privacy. Sorenson is committed to protecting the privacy of your Personally Identifiable Information. Any Personally Identifiable Information that is collected, maintained, or generated by the Hardware or Software will be subject to applicable terms and conditions of Sorenson’s Privacy Policy posted on Sorenson’s website at: http://www.sorenson.com/privacy.

8. NO WARRANTY, LIMITATIONS OF LIABILITY AND INDEMNIFICATION

No Warranty. SORENSON DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR PARTICULAR PURPOSE. Sorenson disclaims any and all warranties of quiet enjoyment, performance, and non-infringement. Sorenson also makes no warranty that the Hardware or Software will be error free or provide uninterrupted service or functionality.

Sorenson does not authorize anyone, including, but not limited to, Sorenson’s employees, independent contractors, agents, or representatives, to make a warranty of any kind on Sorenson’s behalf and you should not rely on any such statement. Sorenson does not represent, warrant, or guarantee that its relay interpreters meet the various interpreting requirements mandated by the laws of any State, or that its interpreters are trained, authorized, or certified to provide VRS pertaining to any particular area of expertise, including medical, mental health, or legal.

LIMITATIONS OF LIABILITY. You agree that Sorenson shall not be responsible or liable for any claims or causes of action that arise from your use of the Hardware or Software, from your use of VRS, or from the use of the Hardware or Software by any third party, even if Sorenson has been negligent. Without limiting the foregoing, Sorenson will not be liable for any cost or damage arising either directly or indirectly from (i) your failure to comply with this Agreement, including your use or misuse of the Hardware or Software; (ii) the porting of the telephone number(s) assigned to the Hardware or Software to a default provider other than Sorenson; or (iii) Sorenson’s termination, suspension, restriction, or cancellation of your license to use the Hardware or Software and/or Sorenson’s retrieval or disabling of the Hardware or Software. In no event shall Sorenson, its employees, 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 these limitations apply to any claim no matter how that claim is styled or on what legal grounds (such as contract, tort, statute, misrepresentation) it is based. If Sorenson is nevertheless found liable for any damage to person or property, Sorenson will not be liable for more than the amount of actual direct damages to the person or property.

Indemnification. You agree to indemnify and hold Sorenson and its shareholders, officers, directors, employees, agents, independent contractors, and affiliated entities harmless for all costs, fees, expenses, and damages of any nature whatsoever related to any claims arising from or related to your use of the Hardware or Software or from the use by any other person of the Hardware or Software licensed to you, including court and arbitration costs, attorneys’ fees, and the costs of other professionals, unless such claims are based solely on Sorenson’s gross negligence or willful misconduct.

9. DISPUTE RESOLUTION AND GOVERNING LAW

This Section provides for resolution of Disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury or through a class action. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency.

BINDING ARBITRATION. You and we agree to resolve all Disputes through individual binding arbitration or in small claims court, instead of courts of general jurisdiction. The arbitration will be conducted by one arbitrator using the procedures described by this Section 8. The arbitration will take place in Salt Lake City, Utah, or if you elect, in your County of residence.

The arbitration shall be administered by JAMS pursuant to the Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules. If no disputed claim or counterclaim exceeds $250,000, not including interest or attorneys’ fees, the arbitration shall be administered under the JAMS Streamlined Arbitration Rules and Procedures as modified by this Agreement. Judgment on the Award may be entered in any court having jurisdiction.

Notwithstanding any JAMS rule to the contrary or any other provision in arbitration rules chosen by agreement, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability of this agreement to arbitrate. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.

You and Sorenson agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Sorenson agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion of this paragraph is found to be unenforceable, then the entirety of this Section 9 shall be null and void.

The arbitration process established by this Section 9 is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. You and Sorenson each agree that the FAA’s provisions—and not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Sorenson to arbitrate on a class-wide, representative, or consolidated basis.

ARBITRATION AND FILING PROCEDURES. Before you take a dispute to arbitration, you must first write to us at Sorenson Communications, LLC, c/o Legal Dept., 4192 South Riverboat Road, Suite 100, Salt Lake City, Utah 84123, U.S.A., and give us an opportunity to resolve the dispute. Similarly, before Sorenson takes a dispute to arbitration, Sorenson will first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or Sorenson is notified by the other of a dispute, then either party may commence an arbitration before JAMS. Information about the JAMS, the arbitration process, JAMS’s arbitration rules and procedures, and JAMS’s fees is available from JAMS on the Internet at www.jamsadr.com.

Any claim or Dispute subject to arbitration under this Agreement must be brought within two (2) years after the date the basis for the claim or dispute first arises.

Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees, and expenses for witnesses, document production and presentation of evidence. Unless prohibited by law, the party prevailing before the arbitrator shall be entitled to recover the JAMS’s fees and the expenses of the arbitrator from the other party.

Governing Law. This Agreement will be governed by the law of the State of Utah, without regard to its choice of law rules, except that the arbitration provisions of this Agreement will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use the Hardware or Software.

10. General Terms.

Acts Beyond Our Control. Sorenson will not be responsible to you for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, weather, strike, embargo, labor disputes, civil or military authority, war, terrorism, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.

Assignment. Sorenson can assign all or part of our rights or duties under this Agreement without notifying you. In the event of an assignment, Sorenson shall have no further obligations to you with respect to any duties that may have been assigned.

Entire Agreement. This Agreement constitutes the entire agreement between you and Sorenson and supersedes all prior agreements, understandings, statements, and representations, whether written or oral, regarding the Hardware and Software. No written or oral statement, advertisement, or service description not expressly contained or incorporated by reference in the Agreement will be allowed to contradict, explain, or supplement it, except pursuant to the “Changes to this Agreement” paragraph below.

Changes to this Agreement. Sorenson may change the terms or conditions of this Agreement from time to time. If Sorenson makes any changes to the terms or conditions set forth in this Agreement, Sorenson will notify you. If you do not agree to the terms of any revisions to this Agreement, you should cease use of the Hardware or Software and immediately contact Sorenson. Your continued use of the Hardware or Software following notice of any changes to this Agreement constitutes your consent to be bound by the terms of this Agreement as revised.

No Third Party Rights. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.

Notices. Notices from you to Sorenson must be addressed as follows: Legal Dept., Sorenson Communications, LLC, 4192 South Riverboat Road, Suite 100, Salt Lake City, Utah 84123, U.S.A. Sorenson’s notice to you, to the extent applicable, may be made by postcard, letter, relay service call, email, or software Update. You agree to notify us in writing promptly in the event you change your address, including but not limited to your email address.

EQUIPMENT AND CUSTOMER CARE. If you have a suggestion, concern, or question about the Hardware, Software, or Sorenson VRS, you can send your comments to us by email to vrscomments@sorenson.com. Please note that we cannot guarantee the confidentiality of any business information, ideas, concepts, or inventions you choose to send us. If you have any problems with the Hardware or Software, you can email us at vrssupport@sorenson.com, or contact our technical support staff through the Hardware or Software.

Termination. This Agreement will automatically terminate if you fail to comply with any term or condition of this Agreement. Upon termination, you agree to return the Hardware and Software and to destroy any Software copy not returned (e.g. any copy stored on any Operating Device). You may relinquish your rights under this Agreement at any time by returning the Hardware and Software to Sorenson and by destroying all copies of the Software in your possession or control not so returned. See Section 4 of this Agreement for how to initiate the return of Sorenson Hardware.

Severability. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable. The part that is found invalid shall be replaced with terms under valid law that most closely matches the intent of the parties as manifested by this Agreement.

Effective Date. This Agreement shall be deemed effective as of the date on which the Hardware or Software is provided to you by Sorenson.

Continuing Effect. Sections 4, 5, 7, 8, and 9 of the Agreement, and any other portion of the Agreement so designated, will continue to apply after the rest of the Agreement ends.

Open Source Usage. The Software and Hardware operate using software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/source/license.html) and libraries derived from the FFmpeg (http://ffmpeg.org/legal.html) that are licensed under the GNU Lesser General Public License (LGPL) version 2.1. Sorenson does not claim any ownership of the software, libraries, or code of the Open SSL Project or FFmpeg. Nothing in this Agreement shall be deemed to restrict or limit your exercise of any rights granted to you under the LGPL.

AVC License. THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.

Revision Date: This Agreement was last updated and posted on Sorenson’s Web Page on April 28, 2017.

SORENSON COMMUNICATIONS, LLC
END USER LICENSE AGREEMENT

Terms, Conditions & Acceptable Use Policies

Governing Language. The English language version of this agreement shall be controlling in all respects, notwithstanding any translation of this agreement made for any purpose whatsoever. If any translation of this agreement conflicts with the English version or contains terms in addition to or different from the English version, the English version shall prevail.

Effective Date: November 29, 2022

These Terms and Conditions (“Terms and Conditions”) form a legal agreement between SORENSON COMMUNICATIONS, LLC. and you, the individual (“you” and “your”) concerning your access to and use of the various services offered through the Websites and the Platforms (as defined below). Use of any of the Websites or Platforms constitutes your acceptance of these Terms and Conditions and our Privacy Policy and applicable Privacy Notice, which can be accessed at https://www.sorenson.com/interpreting-services/legal/

Sorenson Communications, LLC on its own behalf and on behalf of its affiliates and/or wholly owned subsidiaries including but not limited to CaptionCall, LLC and Sign Language Interactions Ltd (collectively referred to as “Sorenson”, “we”, “us”, or “our”), Sorenson makes certain video remote interpreting (“VRI”), captioning, and communication access real-time translation (CART) services available to you (collectively, the “Services”). Sorenson owns and operates various publicly available websites, including without limitation, www.sorenson.com, www.captioncall.com, and www.signlanguageinteractions.com; (collectively, “Websites”) and various web-based, add-in, connector, mobile, or other software applications, including without limitation applications you download from the Microsoft Office Store or acquire from within the settings of a Microsoft Office product, or applications such as Google Meet, Webex, or Zoom (collectively, “Platforms”).

BY USING THE WEBSITES AND/OR THE PLATFORMS, YOU EXPRESSLY AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY CEASE ALL USE OF AND ACCESS TO ALL OF THE WEBSITES AND PLATFORMS. PLEASE PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

Modifications to these Terms and Conditions

Sorenson may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, Sorenson will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on the Websites. The amended Terms and Conditions will also appear when the Platforms are accessed by you and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the Platforms. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Websites and Platforms and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Websites and the Platforms after such changes are posted you agree and consent to all such changes.

Access to the Platforms

You may access and use the Platforms via remote access connectivity. Sorenson grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to use the Platforms in accordance with these Terms and Conditions. In order to use the Platforms, you may be asked to register an account and create login information, including without limitation, username and passwords. You must safeguard your login information that you use to access the Platforms and you must not disclose this information to anyone. You must immediately notify Sorenson of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the Platforms by email to privacy@sorenson.com.

Your Representations and Warranties

By using or registering on the Platforms, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you are accessing the Websites and Platforms for yourself or a child under the age of eighteen for whom you are the legal guardian,

(iii) you have the legal ability and authority to enter into these Terms and Conditions with Sorenson, (iii) the information you have provided to Sorenson in any registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Websites and Platforms, (v) you will not interfere with a third party’s use and enjoyment of the Websites and Platforms, (vi) you will not interfere with or disrupt Sorenson’s or its vendors’ security measures, (vii) if any information you provide to Sorenson becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Sorenson, (viii)

Termination

If you violate these Terms and Conditions, your ability to use the Websites and/or Platforms will be terminated. Sorenson may, in its sole discretion, terminate your access to the Websites and/or Platforms, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Sorenson may have available at law. Further, Sorenson shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Websites and Platforms. Upon any termination of these Terms and Conditions you must immediately cease use of the Websites and Platforms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.

User Obligations

No Unlawful or Wrongful Use. You agree:

• to comply with all applicable laws with respect to the Websites and Platforms and Services;
• not to engage or participate in communications or conduct of an abusive, pornographic, lewd, obscene, harassing, fraudulent, or unlawful nature while using the Websites and Platforms;
• not to record, forward, post on the Internet, or transmit the voice, image, and/or likeness of any Sorenson employee in any way for any purpose, or to store, retrieve, use, or facilitate the use of, the voice, image, and/or likeness of the Sorenson employee in any way other than as necessary to permit the provision of Services;
• not to use the Services in a way that interferes with Sorenson’s ability to provide VRI or point-to-point communications capability to you or other users and not to use the Platforms in a way that impinges on any other user or his or her enjoyment or use of the Services;
• not to use the Hardware, Software, Sorenson’s VRS, or any of Sorenson’s systems or servers to infringe on any intellectual property rights, or other proprietary rights, including, but not limited to, trademark, copyright, patent, and trade-secret rights;
• not to violate or breach in any way the security of Sorenson’s website, Sorenson’s networks, or any computer or device owned by Sorenson.

Without limiting the foregoing, the following types of computer intrusions are prohibited: disseminating or planting viruses; causing a denial of service attack which interferes with access by authorized users; retrieving personal or proprietary information without authorization; or causing the transmission of any other program, information, code, or command that may damage the integrity or availability of data, a program, a system, or information. Any such intrusions may result in criminal or civil liability. Sorenson has the right to (1) discontinue or suspend, without advance notice, your use of the Hardware or Software or VRS for any reason or no reason, including if it becomes aware that you have breached the Agreement; (2) investigate a potential violation of any provision of the Agreement; (3) disclose to the full extent permitted by law any suspected use of the Websites and Platforms that Sorenson believes is unlawful or injurious to the rights, property, or safety of Sorenson, its employees, users, and/or members of the public; and (4) seek reimbursement and damages in the event of a violation of this Agreement.

Privacy Matters

You understand and hereby acknowledge that your use of the Platforms and Services may require your image and/or voice to be transmitted over the Internet. You further understand that due to the nature of the Internet and/or wireless communications, any privacy right, copyright, or other right or interest in your voice, image, or likeness may be lost with respect to any specific transmission as a result of such transmission. You authorize and specifically grant permission to Sorenson and any applicable third- party service providers to transmit your voice, likeness, and/or image over the Internet solely for the purpose of providing Services and point-to-point calls as needed, and you further release and agree to hold Sorenson harmless from any and all responsibility for any such loss of rights and/or interests resulting from transmission of your voice, likeness, and/or image over the Internet. The foregoing shall not be construed as consent to the use of your voice, likeness, or image for purposes other than delivery of Services.

Intellectual Property Rights and Content

Sorenson is the sole and exclusive owner of the Websites and Platforms, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Websites and Platforms and any related materials and documentation. No title or ownership of the Websites and Platforms or any portion thereof is transferred to you hereunder.

Sorenson reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites and/or Platforms.

External links

The Websites and Platforms may contain links to third-party websites. Linked sites are not under the control of Sorenson, and Sorenson is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Sorenson endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Sorenson disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

No Endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Sorenson. Any views expressed by third parties on the Websites and Platforms are solely the views of such third party and Sorenson assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Indemnification and Limitation of Liability

You agree to defend, indemnify and hold Sorenson, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a Sorenson Party and collectively Sorenson Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform and Websites; and (c) provision of other disclosure to Sorenson of any other information or data and the use of same by Sorenson or other Sorenson Party as contemplated hereunder.

IN NO EVENT SHALL SORENSON BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Sorenson shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Sorenson’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.

Disclaimer

The Websites and Platforms are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Sorenson disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. Sorenson does not warrant that the Websites and Platforms will be uninterrupted or error-free, that defects will be corrected or that the Websites and Platforms or the server that makes it available are free of viruses or other harmful components.

Sorenson makes no guarantees and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website and Platforms for a particular purpose. Sorenson Heath assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Websites and/or Platforms.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Children

The Websites and Platforms are not intended for children under the age of 13. If you are under 13 years of age, please do not use or access the Websites or Platforms at any time or in any manner. By using the Websites or Platforms, you affirm that you are over the age of 13. Sorenson does not seek through the Websites or Platforms to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.

Dispute Resolution and Governing Law

This Section provides for resolution of Disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury or through a class action. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency.

Binding Arbitration

You and we agree to resolve all disputes through individual binding arbitration or in small claims court, instead of courts of general jurisdiction. The arbitration will be conducted by one arbitrator using the procedures described by this Section. The arbitration will take place in Salt Lake City, Utah, or if you elect, in your County of residence.

The arbitration shall be administered by JAMS pursuant to the Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules. If no disputed claim or counterclaim exceeds $250,000, not including interest or

attorneys’ fees, the arbitration shall be administered under the JAMS Streamlined Arbitration Rules and Procedures as modified by this Agreement. Judgment on the Award may be entered in any court having jurisdiction. Notwithstanding any JAMS rule to the contrary or any other provision in arbitration rules chosen by agreement, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability of this agreement to arbitrate. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.

You and Sorenson agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Sorenson agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any 13 form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion of this paragraph is found to be unenforceable, then the entirety of this Section 9 shall be null and void. The arbitration process established by this Section 9 is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. You and Sorenson each agree that the FAA’s provisions—and not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Sorenson to arbitrate on a class-wide, representative, or consolidated basis.

Arbitration and Filing Procedures

Before you take a dispute to arbitration, you must first write to us at Sorenson Communications, LLC, c/o Legal Dept., 4192 South Riverboat Road, Suite 100, Salt Lake City, Utah 84123, U.S.A., and give us an opportunity to resolve the dispute. Similarly, before Sorenson takes a dispute to arbitration, Sorenson will first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or Sorenson is notified by the other of a dispute, then either party may commence an arbitration before JAMS. Information about the JAMS, the arbitration process, JAMS’s arbitration rules and

procedures, and JAMS’s fees is available from JAMS on the Internet at www.jamsadr.com. Any claim or Dispute subject to arbitration under this Agreement must be brought within two (2) years after the date the basis for the claim or dispute first arises. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees, and expenses for witnesses, document production and presentation of evidence. Unless prohibited by law, the party prevailing before the arbitrator shall be entitled to recover the JAMS’s fees and the expenses of the arbitrator from the other party. Governing Law. This Agreement will be governed by the law of the State of Utah, without regard to its choice of law rules, except that the arbitration provisions of this Agreement will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use the Hardware or Software.

Waiver

No delay or omission by Sorenson to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Sorenson must be in writing and signed by an authorized representative of Sorenson.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Sorenson as it relates to the access to, and use of, the Platform and Websites and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Sorenson and you.

Electronic Documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment

These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Sorenson’s prior written consent. Sorenson may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Language

English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations*. Il est la volonté expresse des parties que les présentes Conditions d’utilisation et tous les documents qui s’y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l’usage exclusif du français.*

Contact/Notices

Notices from you to Sorenson must be addressed as follows:

Legal Dept., Sorenson Communications, LLC
4192 South Riverboat Road, Suite 100
Salt Lake City, Utah 84123, U.S.A.

Sorenson’s notice to you, to the extent applicable, may be made by postcard, letter, relay service call, email, or software Update. You agree to notify us in writing promptly in the event you change your address, including but not limited to your email address. Sorenson may provide notices or communications to you on the Websites and/or Platforms and you agree that such notices shall constitute notice to you whether or not you actually access the notice.

legal@sorenson.com

ESIGN CONSENT TO USE ELECTRONIC RECORDS AND SIGNATURES

Thank you for your interest in our services. In order to provide you with service, we will present you with several different types of agreements, including regulatory agreements, certifications, disclosures, notices, and consents.

By accepting, you:

• Provide your general consent to use electronic agreements and signatures throughout our relationship with you. The agreements we provide to you, or that you sign or agree to at our request, may be in electronic form and delivered to you in a variety of ways, including over our phone, mobile application, website, and other devices. You agree to use these various means of delivery to display agreements and to enter into these agreements and any future, updated versions of them. Without your consent, you cannot use our service. Withdrawal of consent later will result in termination of our service. You may withdraw your consent by contacting customer service. Your acceptance of this consent and the agreements we present to you will constitute your legally binding electronic signature. If requested, we will provide a paper version of any electronic agreement we present to you or you can request that customer service email you a copy of any electronic agreement in a computer-readable format. In the future, you can obtain additional copies at https://www.sorenson.com/legal or by calling Customer Care with your videophone at 1-801-386-8500.
• Agree to select Sorenson as your default provider for Video Relay Service, as described below, which means that outgoing and incoming calls will be placed through Sorenson by default, unless you or the other party “dials around” to another provider. If you are not porting in a telephone number, you request Sorenson to provide you a ten-digit telephone number.
• Request that Sorenson open a Video Relay Service account in your name and that Sorenson provide you a ten-digit telephone number for that account.
• UNDERSTAND THAT IN ORDER TO PROPERLY ROUTE 911 CALLS TO LOCAL EMERGENCY SERVICE PROVIDERS, YOU MUST PROVIDE SORENSON THE ADDRESS WHERE YOU WILL USE YOUR SORENSON VIDEOPHONE. You can update your 911 address using your ntouch software or by contacting customer support.
• Affirmatively acknowledge that you have received, read, and understood the document found at https://www.sorenson.com/legal/ , which among other things (1) limits your ability to sue Sorenson, its agents, and its contractors for claims arising out of your use of VRS; (2) describes important limitations regarding the ability to use VRS to dial 911; and (3) contains important information about ten-digit numbering.
• Affirmatively acknowledge that you have received, read, and understood the advisory on process for obtaining toll-free numbers found at https://www.sorenson.com/frequently-asked-questions
• Affirmatively agree, as described below, that Sorenson can and may disclose certain personal information (described below) to the TRS User Registration Database, which will be made available for review by the Federal Communications Commission, the TRS Fund Administrator, their respective agents and any person or entity designated by either of them for access to the database. You further acknowledge that failing to provide consent will result in being denied video relay service.
• Affirmatively acknowledge that before Sorenson can provide you Video Relay Service, the FCC requires the collection of certain information and that it is imperative for you to provide complete and accurate answers to the information requested.

SELECTION OF SORENSON AS YOUR DEFAULT PROVIDER AND PORTING YOUR TELEPHONE NUMBER

Selecting Sorenson as your “default provider” for that ten-digit telephone number means that outgoing and incoming calls will be placed through Sorenson by default, unless you or the other party “dials around” to another provider.

If you wish to port an existing VRS telephone number from another default provider to Sorenson, you may do so by following the instructions listed here: https://www.sorenson.com/porting/. If you choose to port your number from another provider, Sorenson will issue you a temporary ten-digit number (as described above) until the process of porting your existing number is completed, after which Sorenson will become the default provider for the ported number.

You may:

1. Obtain a telephone number from, and register with, your default provider of choice— notwithstanding any prior relationship you may have had with another provider;
2. Change default providers at any time and, in doing so, retain your telephone number by porting the number to the new default provider;
3. Make calls through, and receive calls from, any provider (and you are not limited to making or receiving calls through your default provider).

In addition,

4. Sorenson cannot condition the ongoing use or possession of equipment, or the receipt of different or upgraded equipment, on your continuing to use Sorenson as your default provider.

CONSENT TO DISCLOSURE OF PERSONAL INFORMATION

To ensure proper administration of the TRS program, the FCC requires all VRS providers to collect and submit specific data to the TRS User Registration Database (TRS-URD). The following account information will be submitted to the database and made available for review by the Federal Communications Commission, the TRS Fund Administrator, their respective agents and any person or entity designated by either of them for access to the database:

Full Name Residential Address
Ten-digit telephone number for your account 911 Address
Birthdate
Last four digits of your Social Security Number
Selected VRS provider name and dates of service initiation and termination
A digital copy of your self-certification of eligibility for VRS and the date obtained by the provider
The date on which your identification was verified by the provider
The date on which you last placed a point-to-point or relay call

In addition, under certain circumstances, the FCC requires VRS providers to collect and retain documentation to confirm the validity of a user’s identity or address. The FCC may require that VRS providers submit validation documentation for review and retention by the TRS-URD Administrator. Therefore, if we collect validation documentation from you, we may submit them to the Federal Communications Commission, the TRS Fund Administrator, their respective agents, and any person or entity designated by either of them to access the information.

For more information about the other ways in which Sorenson may use or disclose your personal information (including the types of information discussed in this document), please see our Privacy Policy found at https://www.sorenson.com/legal/.

By clicking on the ‘Accept’ button, you consent to allow Sorenson to share your registration information as described above with the TRS-URD.

SELF-CERTIFICATION

By clicking ‘Accept’, you certify that you have a hearing or speech disability and that you need VRS to be able to communicate with other people. You further certify that you understand that the cost of VRS calls is paid for by contributions from other telecommunications users to the interstate Telecommunications Relay Service Fund.

If you are a parent, guardian, or legal representative obtaining Sorenson Hardware or Software on behalf of and for use by a minor child or other person, you certify that the child or other person has a hearing or speech disability and needs VRS to be able to communicate with other people. You further certify that the child or other person understands that the cost of VRS calls is paid for by contributions from other telecommunications users to the interstate Telecommunications Relay Service Fund.

USER REGISTRATION DATABASE (URD)

As part of the FCC’s ongoing commitment to strengthen the Video Relay Service program, the Commission ordered the creation of a centralized database of all VRS users called the Telecommunication Relay Service User Registration Database, also known as the TRS-URD.

Individual Registration

The FCC requires that VRS providers collect certain personal information from their VRS customer. This information includes a customer’s (1) full legal name; (2) full residential address; (3) last four digits of their Social Security Number (SSN) or Tribal Identification Number (TIN); and (4) date of birth (DOB).

Failing to provide the required information, or supplying inaccurate information, will result in being the customer being denied video relay service.

The customer’s information is submitted to the TRS-URD and verified for accuracy. If there are any issues with the verification of the name, address, SSN, or DOB, our Customer Care team works with our customers to manually verify their information. This verification may require that we obtain from the customer validation documentation to confirm the validity of the customer’s identity or address. The documentation can include the following document types (a full list can be found on the last page):

• an unexpired driver’s license
• an unexpired States government, military or state issued ID
• a birth certificates
• a current income statement from an employer, paycheck stub, or W-2
• a current Utility bill (telephone, electric, water, gas, or internet)
• a current Bank/Credit Card/Loan Statement

If the customer does not have a social security number or Tribal Identification number, the FCC provides for an alternative process to verify the customer’s identity and address. Sorenson will assist customers through this process.

For further information about the registration requirements and process, please contact the FCC at ASL Support Line by calling 1-844-432-2275 directly on videophone. Please click here /to learn more about the FCC’s requirements and process.

Enterprise and public videophone registration

The FCC requires the registration of all public and enterprise video phones that are accessible to VRS users outside of the home setting. VRS providers are required to gather and submit the following information for registration into the TRS-URD:

• Name of the organization, business, or agency (“Entity”) where the videophone is located
• Physical (Headquarter) address of the Entity
• Registered Location of the videophone
• Whether the videophone is a public or enterprise videophone (47 C.F.R. § 64.601)
• For a videophone indicated as enterprise, the location type where the videophone is located within the Entity.
• Service initiation date
• Name of the individual responsible for the videophone(s) (“Entity POC”)
• Date certification of use was obtained
• Whether or not the videophone is assigned to a hearing individual who knows sign language

For more information, please review the Enterprise Registration FAQs and the Consent and Certification agreements found here. You may also contact Customer Care at 866-756-6729.

HIPAA