End User 911/E911 Disclaimer

Last updated: February 1, 2023

 

Third Generation, Inc.’s (“Third Generation”, “we”, “us”) Services include basic and/or enhanced 911 emergency services calling capabilities (“911/E911 Services”), are Internet based and are not the same as 911 services offered by a traditional local phone service provider. The 911/E911 Service should never be counted upon in the case of an emergency. We make an attempt to provide access to emergency services centers if you dial 911 from a Registered Location (as defined in 47 C.F.R. § 9.3). However, the 911/E911 Services cannot be guaranteed and therefore are not intended to be used as the sole means for any user or supplier of the Services (“End User”, “you”) to contact 911 emergency services.

These Terms are hereby incorporated into the Agreement and all other documentation by reference. All capitalized terms that are used but not defined in these Terms shall have the respective meanings given to them in the Agreement, its attachments, and all other documentation, as well as rules and orders of the Federal Communications Commission as appropriate.

WHEN USING THE SERVICE THERE ARE INHERENT RISKS ASSOCIATED WITH 911/E911 SERVICES. 

911/E911 Services can only be used within the United States.

It is your sole responsibility to stay current with all federal, state, and local laws regarding 911, which are subject to change at any time. We are not responsible for maintaining this document to reflect the most current laws.

BASIC 911 AND ENHANCED E911.

1. Basic 911. Basic 911 means that a 911 call will be routed to a local and designated Public Safety Answering Point (“PSAP“), designated statewide default answering point, or appropriate local emergency authority (collectively “Emergency Services Center”) within your geographic location. The emergency services operator will ask a series of questions related to the emergency, and you will be required to provide all specific location information, phone number and associated names. With Basic 911, the emergency services operator will not have access to this information so you must always provide such information.

2. Enhanced 911.Enhanced 911 (“E911”) means that the system recognizes your number, accesses the Automatic Number Identification associated with your number and will then route the call to a dedicated 911 switch that acts as a hub for the local network. Once the call is routed to the dedicated 911 network, the network system will use your number to automatically pull your location address from the Automatic Location Identification (“ALI“) database and the system then uses the registered address to determine the correct Emergency Service Center destination by selective routing. Selective routing uses the Master Street Address Guide database to verify the address. However it is always imperative that you provide your specific address and location information even if the emergency services operator may repeat the caller specific location.

DIRECT DIALING, NOTIFICATION AND LOCATION INFORMATION.

1. When properly installed, operated and managed, the 911/E911 Service enables you to directly dial 911 without having to first dial an extra digit, prefix, or code, such as “9.” The 911/E911 Service also enables, when properly installed, managed and operated, notification that a 911 call is being made. The notification will be sent simultaneously with the 911 call to a central location at the facility where the services are installed, or to another person or organization regardless of location. It is your responsibility to identify the person or location to receive this notification.

2. As of January 6, 2021, the 911/E911 Service will enable the automatic transmission with a 911 call of your street address or more specific location information such as a room or floor number if necessary for first responders to quickly locate the caller. The transmission of location information will only be available for 911 calls from on-premises desk phones or other devices that cannot be moved from place to place and where the local emergency services authority is capable of receiving this information.It is your responsibility to provide this additional location information.

VOIP CALLING LIMITATIONS.

1. You affirm and acknowledge that the Services have limitations, including but not limited to, network congestion, power outages, Internet failure, broadband outages, equipment failure, and/or equipment that is moved by you or any third party from one location to another and you fail to notify us of any location change and/or if the equipment is disconnected by you or any third party, even if you were not aware of such disconnection. Voice Over Internet Protocol (“VoIP”) calling limitations may disrupt and/or make inoperable the Service and your ability to access 911. We strongly recommend that backup power systems be deployed by anyone using the Services, along with always maintaining a separate means to access and call 911 emergency services. We are not responsible for the actual deployment, maintenance or ongoing support or use of such recommended services or devices.

2. It is your sole responsibility and liability to at all times maintain (i) a secure and stable Internet/broadband connection and to ensure all connections remain working in accordance with our standards to support the Service, (ii) electrical power at your location for the Service and equipment to function properly, (iii) all additional equipment and peripherals to support the Service for intended use, and (iv) any other like or similar requirements for the Service to be used as intended.
3. In the event we are required to suspend your account due to (i) non-payment of invoices, (ii) for violation of the Acceptable Use Policy, or (iii) for any other reason that may create a Service suspension or disconnection, you will not be able to use any the Services for any calls, including for emergency 911 calls.

DID NUMBERS ASSOCIATED WITH 911 CALLING. When you contract with us for Service, you will be issued one or more virtual Direct Inward Dial Numbers (“DID(s)“) that function exactly like a telephone number. However, a DID is a telephone number that does not have an associated wireline/wired telephone line. It is your responsibility to maintain accurate Registered Location information for DID numbers and to maintain an alternative means of calling 911.

1. The Services are able to be used in locations or at addresses that are not associated with the geographically assigned area of an issued telephone number. For purposes of example only, a phone number issued in Texas can be used in a different state. Therefore, using numbers provisioned through, and/or a number ported at your request for use with the Service can cause 911 connectivity issues and dispatch problems. The 911/E911 Service is only accessible in the Registered Location that you have informed us is associated with the particular telephone number.
2. For emergency service calls to be properly routed to the applicable Emergency Services Center, you are required to provide to the emergency services operator, as the call back number, your accurate DID number and your exact location/address information.
   1. In the event you are using the Service at an address/location or geographic area which supports a different area code than the DID number that you are using with the Service, when you dial 911 you may not be able to reach an emergency services operator or an Emergency Services Center.
   2. In the case of the foregoing 4(b)(i), even if you do reach emergency services, the call may not reach the correct Emergency Services Center near your actual physical location. In that case, emergency services may not be able to transfer the call to the proper Emergency Services Center or respond to the emergency.
3. You may not block any phone number when dialing 911. Doing so may inhibit the correct routing of 911 calls. YOU SHALL BE SOLELY RESPONSIBLE AND SHALL INDEMNIFY, DEFEND AND HOLD US HARMLESS, PURSUANT TO THESE TERMS, FOR ANY 911/E911 FAILURE DUE TO BLOCKING OF 911 CALLS OR FAILURE TO UPDATE REGISTERED INFORMATION AS REQUIRED.

ADDRESS REGISTRATION.

1. For purposes of proper identification within the emergency services system and PSAP framework, the Registered Location must be the actual physical address where the device is located and where the caller is located. It is your responsibility to provide all specific location information. If you fail to provide the proper physical address in the correct format to us, emergency services calls may fail. This failure, without limitation, can cause your 911 call to be connected, misdirected or routed to an incorrect local, regional and/or national emergency services provider or to not be completed properly.

2. You understand and agree that you will immediately register accurate office location information when provisioning Services and then each and every time the equipment associated with the Service is moved. If you move or change any equipment or the existing equipment configuration to another location and do not immediately notify us, i) you may not be able to reach any emergency agency, officer or personnel when dialing 911; ii) you may not reach the closest emergency services location; and/or iii) emergency services personnel may not be able to transfer the 911 call or respond to the emergency due to inaccurate location information.
3. It may take up to 48 hours for any new location to be recognized in the Services once you have informed us of the new location. During the specified timeframe, anyone calling from the new location may not be able to reach the proper emergency services agencies or appropriate emergency services personnel that support emergency services.

SURCHARGES.

1. If the number of 911 calls from you exceeds three percent (3%) of the total Subscriber Records managed on behalf of your account in our or our third party affiliates ALI database in any given month, we may charge you a per call surcharge, as set by us in our sole discretion.

WARRANTIES, INDEMNIFICATION AND DISCLAIMER OF LIABILITY. 

1. YOU EXPRESSLY AFFIRM AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE OR INABILITY TO DIAL 911 WHEN USING THE SERVICES OR TO ACCESS AN EMERGENCY SERVICES OPERATOR DUE TO THE 911 LIMITATIONS AS SET FORTH HEREIN. YOU AND YOUR DIRECTORS, OFFICERS, OR AFFILIATES AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS AND/OR ANY OF OUR ASSOCIATED THIRD PARTIES WHO FURNISH SERVICES TO YOU IN CONNECTION WITH THE SERVICES FROM ANY AND ALL LOSSES, CLAIMS, DAMAGES, COSTS, FEES, FINES, PENALTIES INCLUDING, WITHOUT LIMITATION; REASONABLE ATTORNEYS FEES BY OR ON BEHALF OF YOU REGARDING THE OUTAGE OF SERVICE OR FAILURE OF SERVICE WHEN DIALING 911 OR ANY IMPROPERLY ROUTED 911 CALLS; OR THE INABILITY OF ANY PERSON TO BE ABLE TO USE THE 911 SERVICE, OR ACCESS AN EMERGENCY SERVICE CENTER OR EMERGENCY SERVICES PERSONNEL. ALL PROVISIONS STATED HEREIN ARE AS SUPPLEMENT AND DO NOT LIMIT THE LIMITATION OF LIABILITY, INDEMNIFICATION AND DISCLAIMER OF WARRANTIES WITHIN THIS DISCLOSURE.

2. WE HAVE NO CONTROL OVER THE MANNER AND MEANS IN WHICH CALLS USING THE 911/E911 SERVICE ARE ANSWERED AND/OR HANDLED BY ANY LOCAL, REGIONAL AND/OR NATIONAL EMERGENCY SERVICES CENTER OR BY AN EMERGENCY SERVICES OPERATOR AND WE ARE IN NO WAY RESPONSIBLE FOR ANY RESPONSE PROVIDED BY ANY PERSONS THEREOF. WE DISCLAIM ANY AND/OR ALL RESPONSIBILITY FOR THE BEHAVIOR AND RESPONSES PROVIDED BY ANY EMERGENCY SERVICES OPERATORS WHEN CALLING 911 IN CONNECTION TO THE LOCAL, REGIONAL AND/OR NATIONAL EMERGENCY RESPONSE SERVICE CENTER. THE SERVICES DEPEND UPON THIRD PARTIES TO ASSIST IN ROUTING 911 CALLS TO THE APPROPRIATE EMERGENCY RESPONSE SERVICE CENTER. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY IN THE EVENT THIRD PARTY INFORMATION AND DATA USED TO ROUTE CALLS FAILS TO CONNECT THE 911 CALL TO A PROPER LOCATION AND/OR IS INCORRECT.
3. THE SERVICE HAS LIMITATIONS AND WE DO NOT GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE. YOU ADDITIONALLY AFFIRM AND AGREE THAT ANY FAILURE OF EQUIPMENT CAN AND MAY OCCUR AND IT IS YOUR SOLE RESPONSIBILITY TO SECURE ALTERNATIVE MEANS OF CONTACTING 911. YOU HEREBY WAIVE ANY AND OR ALL CLAIMS OR CAUSES OF ACTION BY END USERS OR ANY OTHER THIRD PARTY ARISING FROM OR RELATING TO THE USE OF THE 911/E911 SERVICE. ALL OF THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY WHETHER THE APPLICABLE CLAIM IS BASED ON LOST GOODWILL, LOST PROFITS, DIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF USE OR PERFORMANCE OF ANY PRODUCTS, SERVICES, OR OTHER PROPERTY, LOSS OR IMPAIRMENT OF DATA OR SOFTWARE, OR OTHERWISE, AND WHETHER THE APPLICABLE CLAIM ARISES OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACT, TORT, (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.
4. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE 911/E911 SERVICE.  WE SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

CHANGES TO TERMS & CONDITIONS. This End User 911/E911 Disclaimer (“Disclaimer”) may be modified only by a mutually executed amendment, except that we may change the terms and conditions of this Disclaimer at any time by posting the terms to our website and making you aware of the change in terms. If you do not accept the changes to this Disclaimer, you will have the opportunity to terminate the Services. If you do not elect to terminate the Services, such changes will become binding on you. Such amended Terms will supersede all previously agreed to electronic and written 911/E911 terms and conditions. In the event of a conflict between the Agreement and this Disclaimer, this Disclaimer shall prevail.

END USER AFFIRMATION. You affirm, acknowledge and agree that you are in full and complete understanding of all uses, guidelines, parameters and limitations of 911/E911 Service. You shall fully inform your End Users of all guidelines, methods and procedures that are detailed within this Disclaimer.