| This is an agreement ("Agreement") between Talk Motion, Inc. ("we", "us" or "Talk Motion") and you, and end user ("you" or "user") of Talk Motion's Internet Phone Service (the "Service") as described herein. By establishing, activating, using, or paying for the Service, you acknowledge that you have read and understood these terms, you agree to the terms and conditions in this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms, including those pertinent to 911 Emergency Dialing, and to the prices, charges, and conditions provided to your is association with your enrollment, including marketing materials and the NeX3 Communications website, which are incorporated herein by reference. This Agreement governs the Service and any devices - such as a VoIP phone, analog telephone adaptor, multimedia terminal adapter, or computer operating software enabling the Service (each alone or all collectively known as "Equipment") - website, or software used in conjunction with the Service.
911 EMERGENCY DIALING
PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF TALK MOTION 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR E911 CALLS. You agree to notify any user who may place calls using your Service, including any household residents or guests who may be present in your household, of the limitations of Talk Motion 911 Emergency Dialing.
PLEASE BE AWARE THAT EVEN IN THOSE AREAS IN WHICH TALK MOTION OFFERS 911 SERVICE, TALK MOTION CANNOT AND DOES NOT GUARANTEE THAT THE SERVICE WILL OPERATE AS INDENTED. THE ONLY WAY TO KNOW WITH ABSOLUTE CERTAINTY THAT YOU HAVE FUNCTIONING 911 SERVICE IS TO TEST THE SYSTEM; TALK MOTION IS NOT AUTHORIZED TO MAKE TEST CALLS TO THE 911 SYSTEM AND CANNOT AUTHORIZE YOU TO DO SO. YOU MAY WISH TO CALL THE NON-EMERGENCY NUMBER OF YOUR LOCAL POLICE OR FIRE DEPARTMENT TO FIND OUT IF THEY ARE ABLE TO HELP YOU OBTAIN SUCH PERMISSION.
TALK MOTION RECOMMENDS THAT YOU MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICES IN THE EVENT OF A SERVICE DISRUPTION FOR ANY REASON.
Talk Motion 911 Emergency Dialing is not available in all areas. To activate this service where available, you must register the physical location of your Equipment with Talk Motion, and that location must be within the geographic serving area of a Public Safety Answering Point ("PSAP") to which Talk Motion has established connectivity for this service. If you fail to activate and properly configure the Service and the Equipment, the Service will not support 911 Emergency Dialing, and you acknowledge and agree to this requirement. 911 Emergency Dialing may not function for up to thirty (30) days after Talk Motion activates your Service, and you acknowledge and agree to this requirement.
Your must provide the address which will be associated with the Service ("Service Address") during the registration process. The service address your provide must be in the same rate center as the Household (primary) number you have selected. Failure to provide the correct and proper Service Address may result in misdirecting 911 calls to the incorrect PSAP or emergency operator and/or the failure to reach the correct location and render emergency service when requested. You acknowledge that 911 dialing will not function properly if you move your Equipment to another Service Address, either temporarily or permanently, unless the new Service Address has been properly recorded and is in an area for which Talk Motion provides 911 Emergency Dialing. You may change your Service Address by following the procedures specified on the Talk Motion website. Change of Service Address will take a minimum of ten business days to properly update the 911 emergency databases.
The following additional limitations apply to 911 Emergency Dialing when it is provided by Talk Motion:
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Talk Motion service is only available in areas where 911 service can be provided to new customers.
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Talk Motion 911 service will not function if the Equipment is not configured properly or if your Talk Motion Service is not functioning for any reason. This includes a broadband or electrical power outage or if your broadband, ISP, or Talk Motion Service is suspended or terminated. In addition, in the event of a local disaster, there is a greater possibility that a Talk Motion 911 call will produce a busy signal, fail to be completed, or experience long connection times due to network congestion.
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Talk Motion 911 Service will not function properly for several days after you are able to make outbound calls with your Service. Because of the time it takes to properly update the 911 emergency databases, your 911 service will not be available immediately.
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You must select a Household (primary) Number that is associated with your Service Address; otherwise, 911 service will not be available. Calls to 911 service route to the appropriate emergency administrator based on the telephone number you have chosen and the geographic location that you have provided to Talk Motion. 911 must be available in your area for Talk Motion to offer you service.
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If you move or intend to use your Talk Motion service away from the geographic location you have registered with Talk Motion, you must update your account with your new location. You may change your Service Address by contacting Talk Motion Customer Service at (800) 594-3668. Since it may take up to 30 days to properly update the 911 emergency databases, you should NOT rely on Talk Motion Service for 911 emergency dialing if you are using the Service when you are temporarily traveling away from home.
In certain areas in which Talk Motion provides 911 Emergency Dialing, Talk Motion provides e911 capabilities. When the caller dials 911 on a Talk Motion enabled phone with E911 service, Talk Motion will automatically deliver the location information you provided at the time of activation, or as subsequently and properly updated, validated, and acknowledged by Talk Motion, to the PSAP with the 911 call. If the location information you provided is incorrect, the emergency call may be misdirected to a PSAP that does not serve your location, which as a result may be unable to render sufficient emergency service. You acknowledge that you are solely responsible for maintaining accurate physical location information on your Talk Motion account. If you move your Talk Motion equipment to another location, you must update your Service Address in accordance with the instructions on the Talk Motion website.
In some areas in which Talk Motion provides 911 Emergency Dialing, Talk Motion may not support E911, and your physical location information may not be automatically delivered to the PSAP with the 911 call. The PSAP or local emergency dispatcher receiving a non-E911 emergency call may not be able to capture and/or retain automatic number or location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 911 call. Therefore, a caller dialing 911 using Talk Motion may need to immediately tell the dispatcher the location of the emergency, and the caller must not prematurely disconnect the line, since the dispatcher may not have the phone number to call back the caller. If the caller is unable to speak or sufficiently describe the location, the emergency dispatcher may not be able to render emergency service to the appropriate location.
You understand and acknowledge that Talk Motion 911 Emergency Dialing has certain characteristics that distinguish it from traditional, legacy, circuit-switched 911 service. These characteristics may make Talk Motion unsuitable to some users. You should carefully evaluate your circumstances when deciding to activate Talk Motion service. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services, such as maintaining a conventional phone line or wireless phone as a backup means of completing emergency calls.
You acknowledge and understand that a Service outage due to suspension of your account as a result of billing issues or any other reason, including, but not limited to, those reasons described elsewhere in this Agreement, will prevent all service, which may include Emergency 911 Dialing.
You acknowledge and understand that Talk Motion will not be liable for any Service outage and/or inability to dial 911 using Talk Motion or to otherwise access emergency service personnel due to the characteristics and limitation of Talk Motion Service set forth in this document. You agree to defend, indemnify, and hold harmless Talk Motion, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to 911 dialing. You acknowledge that Talk Motion does not offer Lifeline service, and that we strongly recommend that you always have an alternative means of accessing emergency service.
INDEMNIFICATION
Your agree to defend, indemnify, and hold Talk Motion, its affiliates, and agents and any other service provider who furnishes services to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages relating to or arising out of the Service, the Equipment or its installation, or this Agreement, including, but not limited to, 911 Emergency Dialing or dialing associated with a security system.
You agree that Talk Motion should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys' fees, unless such claims are based on our willful misconduct or gross negligence. Notwithstanding the foregoing, your indemnification obligations related to 911 emergency dialing are more expansive, as described above.
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