Effective as of Nov 1, 2022; subject to change
Section 1. Acceptance of Terms.
Section 2. An Overview of Our Services.
Our Services are made available free of charge to people with hearing loss who are qualified based on the FCCs Internet Protocol Captioned Telephone Service (IP CTS) Program (the “FCC Program”). The FCC Program is designed to ensure that people who are deaf or hard-of-hearing have available to them a functionally-equivalent phone service. Our Services are made available at no-cost to people with hearing loss that need captioned telephone service who are qualified based on the FCCs Internet Protocol Captioned Telephone Service (IP CTS) Program (the “FCC Program”).
Section 3. Use of Our Services.
In order to be eligible to use our Services, you must be a Qualified Person as designated by the FCC Program. Accordingly, you specifically certify, represent, and warrant to us that you have a hearing loss that necessitates the use of this captioned telephone service and as such are a “Qualified Person” per the FCC Program. You further represent and certify that: (a) you are eligible under the FCCs rules to use the Service as a Qualified Person; (b) you will use the Service only for communications permitted by FCC rules; and (c) you will observe all statutory and regulatory requirements governing the use of the Service. We encourage you to review applicable FCC Regulations prior to using our Services, including, without limitation, those found at 47 C.F.R. §§ 64.601 – 64.613 and at www.fcc.gov.
You agree that your use of our Services is for your individual purposes only and is necessary to assist you in communicating via the telephone because of your status as a Qualified Person. You acknowledge and agree that the Service is not intended for commercial or unlawful purposes, such as transcription services or to record a telephone conversation in an illegal or clandestine manner.
You agree that when you sign up to use our Services, all information that you provide to us is true, correct, and complete and that by submitting your registration information, you are self-certifying that you are in fact a Qualified Person under the FCC Program and FCC Rules. If you are not a Qualified Person, you agree to pay any expenses, fees and/or penalties associated with your unauthorized use of our Services.
Section 4. Services License.
Some of our Services are downloadable software which you need to download onto your computer or mobile device in order to use. In these cases, provided you are abiding by these Terms, we grant you a limited, revocable, non-sublicensable, non-transferable, non-assignable, non-exclusive license to download a single copy, access, install and use such downloadable software, solely for your individual personal use of the Services. You agree not to install any downloadable software constituting a portion of our Services on to any computer or mobile device not owned by you or for which you do not have the permission of the owner of such computer or mobile device.
Section 5. Service Use Restrictions.
In connection with your use of our Services, you agree you shall not:
Your use of our Services in violation of any of the foregoing prohibitions shall constitute your breach of these Terms and is strictly prohibited.
Section 6. Registration Requirements.
Section 7. Supplemental and Modified Terms.
Certain aspects of our Services are subject to additional terms and you agree to be bound by those additional terms to the extent you access such Services, all of which shall form a part of these Terms with respect to those Services. If the supplemental terms applicable to a particular Services conflict with these Terms, the supplemental terms shall control in the event of any conflict.
You recognize that applicable FCC rules and regulations may change from time to time and you agree that CaptionCall, in its sole discretion, may without notice or liability modify these Terms accordingly by posting any required changes to our Site or in our App. If you do not agree with any such modification, your sole remedy shall be to terminate your use of the Services.
These Terms govern any updates that replace and/or supplement the Services, unless such update is accompanied by an agreement, in which case the terms of that agreement will govern. The Company also has the right to discontinue or suspend, without advance notice, your use of the Services if it becomes aware that you have breached these Terms, and the Company reserves the right to investigate and actively pursue or stop any attempt to disrupt the Service to our customers, including asserting civil claims, cooperating with law enforcement and/or criminal prosecution as it deems necessary.
Section 8. Service Updates.
We regularly seek to improve our Services, so we may change how our Services operate and add or remove features and functions from our Services from time to time. As such, you agree only to use the most recent versions of the Services that we have made publicly available. You agree that, if we update our Services to add, remove or change the features and functions of our Services (an “Update”) and you continue to use our Services, including these Updates, that you accept such Updates and that your use of such Updates will be governed by these Terms. You further agree that we shall have the right, but not the obligation, to automatically download such Updates on to your computer system or mobile device. Many of the downloadable portions of our Services that you may download have the ability to communicate with our computer systems and servers in order to, among other things, facilitate such automatic Updates. Finally, if there are any costs incurred by you in connection with use of our Services (for example, internet costs and charges from your mobile network provider), you agree that you shall be solely responsible for such costs.
Section 9. Emergency Calling with CaptionCall Mobile
You should be aware that calls to 911 through our Services may be transmitted differently than with a landline telephone and that using a traditional landline telephone is the fastest way to contact 911. If you use our Services to contact 911, you acknowledge that such usage is subject to limitations and risks.
CaptionCall Mobile uses Voice over Internet Protocol, also known as VoIP, to transmit 911 calls. You may be required to provide your name, a callback telephone number, and location during a 911 call, because we may not be able to ascertain your exact location information or route your call to the appropriate emergency personnel automatically. CaptionCall Mobile may not be able to identify the location of mobile devices that may be used.
You acknowledge that access to 911 services while using our Services may not be available in the event of a power failure, fraudulent use, failure of your equipment, broadband outage, or network or Internet congestion or outage.
Section 10. Services Content.
All content, including without limitation, all images, written word, logos, marks, design treatments, advertising, data, links, articles, videos, music, sound, graphics, and any software, used within or comprising a part of the Services (collectively, the “Services Content”) is owned by the party providing such Services Content. The owner of the Services Content assumes sole responsibility for it. Without permission from the owner of the Services Content, you are prohibited from using such Services Content for any reason other than as intended within such Services. You assume all risks in accessing the Services Content. We reserve the right to change, eliminate and/or add to the Services Content at any time. We make no representations or warranties with respect to the Services Content, including the accuracy or completeness of such Services Content. Finally, to the extent our Services allow you to transmit, upload, post or otherwise make available content through them, you assume full responsibility for such content and represent and warrant that you have all necessary rights with respect to such content.
Section 11. Intellectual Property Rights.
You agree that you shall not copy, modify, sell, license, transfer, publish, transmit, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of our Services , including all of our Apps and Sites and any code, the Services Content, software, and/or documentation comprising a portion of and/or related to same, as well as our names, logos, marks, and any of our Intellectual Property Rights to any of the foregoing, whether in whole or in part. “Intellectual Property Rights” means, collectively, all worldwide copyright, trademark, trade secret rights, and all rights related to issued and pending patents, and all copyright, trademark and patent registrations and applications for registrations (including patent reissues, divisions, continuations, continuations-in-part, renewals, and extensions), including, without limitation, moral or similar rights. You agree that you shall not remove, alter, delete, or use for any other purpose any trademark, copyright, or other proprietary rights notice we have placed on the Services without our express prior written consent. All rights not expressly granted hereunder are expressly reserved to us and our licensors.
All of the Services are owned by us exclusively and we retain all Intellectual Property Rights therein, except as specifically set forth in these Terms. Nothing in these Terms shall be deemed to transfer to you any ownership in or to any of the foregoing.
As between us and you, you own all right, title, and interest in and to any content you provide to us or make available through the Services (“Your Content”). By providing any of Your Content to us, you hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable, license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content as we deem necessary or appropriate to provide you with and improve our Services, except to the extent prohibited by FCC regulations or other applicable law. If any third party should make any claim against us based on our use of Your Content in accordance with these Terms, you agree that you will be solely liable for and shall indemnify us against any and all damages arising out of such claims. We reserve the right to remove any of Your Content from our Services at any time and for any reason. For clarity, FCC regulations require us to treat the content of calls handled by our Services as strict confidential. Transcripts stored locally on your device are only accessible by you.
Our Services may contain Open Source Software. Such Open Source Software may be subject to the following Open Source Software Licenses available at https://sorenson.com/legal/captioncall-mobile-open-source-software-disclosure.
Section 12. Confidentiality, Privacy and Security.
Our Services are provided, in whole or in part, via the public Internet and third-party networks to transmit communications. Accordingly, you understand and agree that, notwithstanding our use of industry-standard encryption and security features, CaptionCall cannot guarantee that communications undertaken through the Services are completely secure and confidential. We respect your right to privacy and we endeavor to treat the content of all communications as confidential, except as may be required by law. The Company will not disclose any information from your conversations except as may be required by law or otherwise allowed by FCC regulations. We implement security features and reasonable policy guidelines to safeguard the privacy of your information from any unauthorized access or improper use. However, we shall not be liable for any security breaches caused by your or any third party violations of law. We cannot guarantee the confidentiality of any communication or material transmitted to or from us via our website or via email, and therefore we are not responsible for the security of such information.
Section 13. Warranty Disclaimers and Limitations on our Liability to You.
THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR SERVICES AND SERVICES CONTENT IS YOUR RISK. OUR SERVICES AND SERVICES CONTENT ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS THE SERVICES CONTENT. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND SERVICES CONTENT. WE MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WITH RESPECT TO THE SERVICES WILL BE CORRECTED. THE SERVICES ARE PROVIDED TO YOU WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES SHALL WE OR ANYONE ACTING THROUGH, FOR OR ON BEHALF OF US, SUCH AS ANY OF OUR AFFILIATES, PARTNERS, OR OPERATORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES. YOU AGREE THAT OUR LIABILITY TO YOU ARISING OUT OF ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW OR $50, WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION COMPRISES A FUNDAMENTAL ALLOCATION OF RISKS AMONGST YOU AND US AND THAT WITHOUT THIS SECTION, WE WOULD NOT HAVE ENTERED INTO THESE TERMS WITH YOUR OR MADE THE SERVICES AVAILABLE TO YOU.
Section 14. Indemnification.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR PARENTS, AFFILIATES, SUBSIDIARIES, AND ALL DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS OF EACH OF THE FOREGOING, HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS; AND YOUR VIOLATION OF ANY THIRD PARTYS INTELLECTUAL PROPERTY RIGHTS. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE MAY ASSUME AND CONTROL THE DEFENSE OF ANY CLAIM FOR INDEMNITY ARISING HEREUNDER AND YOU AGREE TO PAY FOR OUR COSTS INCURRED IN CONNECTION WITH DOING SO AND TO FULLY COOPERATE WITH US IN THE DEFENSE OF ANY SUCH CLAIMS.
Section 15. Terminating Our Agreement.
You may terminate our agreement, as set forth in these Terms, at any time by ceasing use of our Services and removing our Services from your computer system or mobile device. This termination right represents your sole and exclusive remedy with respect to termination of these Terms. We reserve the right at any time and for any reason in our sole and exclusive discretion to terminate, modify, suspend, or otherwise restrict access to our Services without liability to you. You agree to the foregoing and hereby waive any claims you may have against us should we choose to exercise the foregoing rights. If you should take any action against us in connection with our exercise of the foregoing rights, you also agree to indemnify from damages related to same. Our rights under these Terms which by their nature are intended to survive shall survive the termination of these Terms by either you or us.
Section 16. Governing Law and Arbitration.
THIS SECTION MAY MATERIALLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY HEAR YOUR CLAIMS, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING AGAINST US TO THE EXTENT ARISING HEREUNDER. YOU ARE ENCOURAGED TO READ IT CAREFULLY.
Your use of the Services and any disputes arising directly or indirectly as a result thereof or in connection with these Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its choice of law provisions.
Any controversy or claim arising out of or relating to these Terms and/or the Services shall be resolved by binding arbitration. The arbitration shall be conducted in Salt Lake City, Utah, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Any arbitration undertaken pursuant to these Terms shall be undertaken in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. You understand and agree that you are giving up your right to have your claims against us heard and decided by a jury trial and to participate in a class action or other class proceeding against us.
You must file a claim or cause of action arising out of these Terms and/or your use of the Services within one (1) year of such claim or cause of action arising or be forever barred.
Notwithstanding the foregoing, either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Salt Lake City, Utah, USA, necessary to protect the rights or the property of you or the Company (or its agents, suppliers, and subcontractors), pending the completion of arbitration. In the event that the arbitration provisions of this Section are held by a court of competent jurisdiction not to be enforceable, you agree that any litigation against us (except for small-claims court actions) may only be commenced in the federal or state courts located in Salt Lake City, Utah, USA. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Section 17. Communications to You.
You hereby consent to our use of all means of communication available to us to contact you. Our Services include, in some cases, the ability to communicate to you. You may opt out of receiving certain, but not all, communications by emailing us at [email protected] or by clicking the “unsubscribe” link to the extent available in a communication you receive from us.
You may update your communication preferences by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
If we are required by state or federal law to notify you of certain events, you agree that the posting of such notice on the Services or delivering them to you through an electronic communication in accordance with these Terms shall be sufficient for all such purposes, to the maximum extent allowable by law.
Section 18. Restrictions on Exports of the Services.
You represent and warrant to us that you are not located in, under the control of, or national or resident of any (i) any country with which the Federal Government currently has an embargo or (ii) any person currently on the list of Specially Designated Nationals of the U.S. Treasury Department or the U.S. Commerce Departments Table of Deny Orders. Under no circumstances may the Services or any component thereof, including any code and/or software comprising a portion of the Services, be used, downloaded, exported and/or re-exported to any such country or on either of the foregoing lists.
Section 19. Limited Rights to Government Users.
Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the Federal Government shall have no greater rights than as are set forth in these Terms and shall have no rights to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. To the extent you desire to use and/or download any of our Services and you are acting in your capacity as a representative of the United States Government and/or any agency or instrumentality thereof (the “Federal Government”), your rights to the Services and Service Content is limited as “commercial Items” (See 48 C.F.R. §2.101) and specifically “Commercial Computer Software” and “Commercial Computer Software Documentation” (as defined and used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable). The Federal Governments use, duplication, and/or disclosure of the Services are subject to restrictions, as specifically set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
Section 20. Changes to these Terms.
We may modify these Terms at any time, in our sole discretion, by posting such modified Terms on the Services. If you continue to use our Services after the date such modified Terms are posted, you agree that you are unconditionally agreeing to be bound by such modified Terms.
Section 21. General Provisions.
We may assign this agreement with you at any time and to any person without limitation. These Terms constitute a personal agreement with you and you agree that you shall not and shall have no rights to assign any rights or obligations arising under the Terms for any reason. Our failure to enforce these Terms or any rights we have hereunder shall not constitute a waiver of that or any other right or provision. These Terms and all supplemental terms that are made a part of these Terms, constitute the entire agreement between you and us and govern your use of the Services and supersedes any prior agreements that you may have with us with respect to the subject matter hereof. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in full force and effect without alteration.
4192 S. Riverboat Rd
Taylorsville, UT 84123