EMERGENCY SERVICES – ACCESS TERMS
EMERGENCY SERVICE LIMITATIONSInContact’s emergency service feature (the “Emergency Service Feature”)
does not have the same functionality or availability as traditional home or office phone access to emergency features. Users and Customer understand that the Emergency Service Feature and its functionality can be impacted by issues outside the control of Customer or inContact, such as internet and power outages. Users and Customer further understand that having backup emergency services connectivity is beneficial to being able to contact emergency services. For the avoidance of doubt, the Emergency Service Feature is available in the United States and Canada by dialing 911.
Customer is solely responsible for notifying all Users of the primary method of contacting emergency services, including providing appropriate training and visual reminders (e.g., equipment stickers, warning posters, routine request to update emails). Further, Customer is responsible for advising its Users about these disclosures and providing them copies of the disclosures or a link to where the disclosures are available.
Additionally, Customer authorizes inContact to disclose any call data or other information to third-party emergency service providers, including, without limitation, call routers, call centers, and public safety answering points for the purpose of delivering emergency service calls.
ADDITIONAL USER TIPS- Users should be ready to confirm their location and callback number with the operator who answers the emergency services call. They should not assume that the operator has this information automatically.
- Users should ensure that their registered location information is kept current; if they are not able to speak or it is unsafe to do so, the operator may rely upon the last registered address.
- Users should not hang up until the emergency services operator instructs them to do so. If they are disconnected accidentally, Users should call back immediately.
DISCLAIMER OF LIABILITY EXCEPT FOR THOSE MATTERS WHICH MAY NOT BE DISCLAIMED AS A MATTER OF APPLICABLE LAW, INCONTACT DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF USERS’, OR ANY THIRD-PARTY’S INABILITY TO CONTACT EMERGENCY SERVICES, OR ANY OTHER EMERGENCY TELEPHONE NUMBER, OR TO ACCESS AN EMERGENCY SERVICE OPERATOR, OR OBTAIN EMERGENCY SERVICES UTILIZING THE EMERGENCY SERVICE FEATURE, INCLUDING DUE TO ERRORS OR DISRUPTIONS CAUSED BY ANY OF THE FOLLOWING: INTERNET OUTAGES; POWER FAILURES; IMPROPER, OUT-OF-DATE, INCOMPLETE, OR OTHER INACCURATE DATA PROVIDED BY CUSTOMER OR USERS, CUSTOMER DEVICES, CARRIERS, OR IN THE CALL DETAIL RECORD; HARDWARE, SOFTWARE, INFRASTRUCTURE, UTILITIES, INSTALLATION, CONFIGURATION, OR TRANSMISSION FAILURES OUTSIDE THE CONTROL OF INCONTACT; AND ANY ACTS OR OMISSIONS ON THE PART OF THE EMERGENCY SERVICE. INDEMNIFICATIONCUSTOMER AGREES TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS INCONTACT AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, REPRESENTATIVES OR AGENTS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, SUITS OR ACTIONS, FINES, PENALTIES, COST AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) WHETHER SUFFERED, MADE, INSTITUTED OR ASSERTED BY CUSTOMER OR BY ANY THIRD PARTY OR PERSON OR FOR THE DISCLOSURE OF PERSONAL INFORMATION OR PERSONAL DATA OF ANY PERSON OR PERSONS TO THIRD PARTY EMERGENCY SERVICE PROVIDERS OR TO CUSTOMER FOR THE PURPOSE OF DELIVERING THE EMERGENCY SERVICE FEATURE, CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE OPERATION, FAILURE OR OUTAGE, INCORRECT ROUTING, OR USE OF, OR INABILITY OF A PERSON TO USE, THE EMERGENCY SERVICE FEATURE OR ACCESS EMERGENCY SERVICES.Definitions- “Customer” means the business entity that has purchased a subscription to the Cloud Services, which include the Emergency Service Feature.
- “User(s)” means any individual (e.g., employee, contractor, or other authorized person) who uses the Cloud Services (including the Emergency Service Feature) on behalf of Customer.
