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Emergency (911) Services Conditions and Limitations:
YOUR SAFETY IS OF THE UTMOST IMPORTANCE TO REYNOLDS CABLE TV INC. THIS IS WHY
REYNOLDS DIGITAL VOICELINE SERVICE OFFERS AN EMERGENCY CALLING FEATURE THAT
PERMITS YOU TO DIAL 9-1-1 TO REACH EMERGENCY PERSONNEL. HOWEVER, THE 911-TYPE
SERVICE OFFERED THROUGH REYNOLDS DIGITAL VOICELINE IS FUNDAMENTALLY DIFFERENT IN
SEVERAL IMPORTANT WAYS FROM TRADITIONAL WIRELINE AND WIRELESS 911 EMERGENCY
ACCESS SERVICES. VOICELINE'S 911-TYPE SERVICE IS NOT A REPLACEMENT TO THE
TRADITIONAL LOCAL WIRELINE 911 SERVICES OFFERED OVER THE PUBLIC SWITCHED
TELECOMMUNICATIONS NETWORK AND WIRELESS 911 SERVICES IN YOUR LOCAL SERVICE AREA.
REYNOLDS CABLE TV AND ITS THIRD PARTY UNDERLYING PROVIDERS CANNOT GUARANTEE THE
RELIABILITY OF THE 911-TYPE DIALING FEATURES OF YOUR SERVICE. REYNOLD'S DIGITAL
VOICELINE LIMITED 911-TYPE SERVICE IS AVAILABLE ONLY ON REYNOLDS DIGITAL
VOICELINE AUTHORIZED DEVICES AND WITH REYNOLDS DIGITAL VOICELINE SERVICES AS
DESCRIBED HEREIN. YOU MUST PROPERLY ACTIVATE AND INSTALL YOUR MULTIMEDIA
TERMINAL ADAPTOR MTA, WIFI PHONE, OR MAXLINE DEVICE ("MT" OR "DEVICE") AND
ENSURE THAT THE INFORMATION YOU PROVIDE TO REYNOLDS CABLE TV INC IS ACCURATE.
YOU MUST ALSO INFORM ANY OTHER PERSONS WHO MAY BE PRESENT AT THE PHYSICAL
LOCATION WHERE YOU UTILIZE THE SERVICE OF THE CONDITIONS AND LIMITATIONS OF
VOICELINE'S 911-TYPE DIALING AND THE NON-AVAILABILITY OF TRADITIONAL 911
SERVICES FROM YOUR MTA AND SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND THAT
REYNOLD'S CABLE TV INC HAS APPRISED YOU OF THE CONDITIONS AND LIMITATIONS OF
REYNOLDS DIGITAL VOICELINE 911-TYPE SERVICE. REYNOLDS CABLE TV INC STRONGLY
RECOMMENDS THAT YOU ALWAYS MAINTAIN AN ALTERNATE MEANS OF REACHING A 911
OPERATOR IN CASE OF AN EMERGENCY.
Service Outage, Power Failure or Disruption Your 911-type dialing
will not function in the event of a power failure or disruption in service.
Should there be an interruption in power or broadband connection (including
wireless broadband connection for VoiceLine Wi-Fi users) for any reason
whatsoever, the Service and 911 dialing will not function unless and until power
and service is fully restored. In the event of a power failure you may be
required to reset your MTA device prior to utilizing the Service or dialing
9-1-1. Service outages or termination of service by your broadband provider or
any other broadband provider supplying the broadband service to which you
connect your MTA, and/or ISP or by Reynolds Cable TV Inc/Reynolds Digital
VoiceLine Service will prevent ALL Service including 911 dialing. You
acknowledge and understand that if there is a service outage for ANY
reason, such outage will prevent ALL Service, including 911 dialing.
Use of TDD or TTY Devices Your 911-type service may not be fully
compatible with all types of TDD or TTY devices for the hearing impaired and
that where such devices are used to make calls, Neither Reynolds Cable TV
Inc/Reynolds Digital VoiceLine nor their third party providers, hold themselves
out as providing or enabling Reynolds Digital VoiceLine to provide emergency
services compatible with any TDD/TTY or other hearing impaired devices.
Connecting Your MTA VoiceLine's 911-type service will not function
unless you have successfully configured and connected your MTA and provided
accurate and updated information to Reynolds Cable TV Inc. Even if you properly
connect your MTA and receive a dial tone, there may still be a lag time between
when you connect your VoiceLine Device and when your VoiceLine 911-type dialing
feature is fully activated. You cannot dial 911 from VoiceLine unless and until
you have confirmation that your MTA is operational as described herein and in
your User Guide.
Failure to Designate the Correct Service Address When Activating 911
Dialing or Moving Your MTA Your Service Address is the physical address
that you provided during the sign-up process. The Service Address is the
physical location from where you intend to use your MTA. Where the Service
Address is visible to the emergency response operator, this is where emergency
personnel will be sent to if you cannot communicate your actual physical
location if different from your Service Address. If you have more than one
VoiceLine Device at your Service Address and each MTA has a different number,
you must make sure that the Service Address corresponds to each number where
your VoiceLine Device is physically located. If you move your VoiceLine Device
to a location other than your primary Service Address, you may not be able to
place emergency calls or your calls could be misrouted to the incorrect
emergency operator or incorrect emergency service personnel, or emergency
personnel could be dispatched to the wrong address Reynolds Cable TV
Inc/Reynolds Digital VoiceLine does NOT recommend that you use the VoiceLine
Device to dial emergency access services if you move your Device away from your
Service Address. You acknowledge and understand that neither Reynolds Cable TV
Inc/Reynolds Digital VoiceLine nor its third party service providers shall have
any responsibility or liability for provision of the Service and 911-type access
if the MTA is moved outside of your Service Address.
Changing Your Service Address and Use of Service Outside the United States
and Canada If you want to permanently relocate your MTA a new Service
Address, you must contact Reynolds Cable TV Inc's Customer Service at
1-800-822-8650 to update your address and determine whether VoiceLine's 911-type
services are available at the new location. VoiceLine's 911-type dialing is not
available in all service areas. VoiceLine's 911-type service will NOT function
outside of the United States or Canada. If VoiceLine's 911-type service is
available at your new Service Address, it may be necessary for Reynolds Cable TV
Inc/Reynolds Digital VoiceLine to assign a new number to you.
Network Congestion, Routing or Answering of 911 Calls There is a
greater possibility of network congestion and/or reduced speed in the routing of
a 911 call made from your VoiceLine Service as compared to traditional 911
dialing over wireline or wireless public telephone networks. 911 dialing from
your MTA may be routed to a general administrative operator for the local
emergency service provider (which may not be answered outside of business
hours), and may not be routed to the same local 911 dispatcher(s) who are
specifically designated and trained to receive 911 calls when such calls are
routed using traditional 911 dialing.
Automated Number Identification The emergency dispatcher or
administrative operator may not be able to identify your phone number when you
dial 911 using VoiceLine. Existing emergency response systems are not always
technically capable of receiving and/or passing routing information properly.
Accordingly, emergency personnel may not be able to identify your phone number
in order to call you back if your call is not completed, dropped or
disconnected, or if you are unable to speak to tell the emergency dispatcher or
operator your phone number and/or if the Service is not operational for any
reason. If you enable any call redirection services with your VoiceLine such as
Call Forwarding or Call Block, emergency personnel may not be able to call you
back if your call is disconnected for any reason.
Automated Location Identification (E911) It is not always possible
to transmit your Service Address when you dial 9-1-1. Even where it is possible
to transmit your Service Address to the 911 dispatcher, if you move your MTA,
emergency personnel will be dispatched to your Service Address and not the
actual physical location of your MTA (if different from the Service Address).
If you dial 911, you must immediately tell the dispatcher your location (or the
location of the emergency, if different). You must also not disconnect the line
as the dispatcher may not have a phone number to use to call you back and you
may be required to redial 9-1-1. If you are unable to speak and describe your
location, the emergency dispatcher may not be able to locate you or dispatch
emergency personnel to the correct location. You or anyone using your
VoiceLine Service will need to state the nature of the emergency promptly and
clearly, including your location. You acknowledge and understand that emergency
operators and emergency personnel will not be able to find your location if the
call is not completed, dropped or disconnected, if you are unable to speak to
tell them your location and/or if the Service is not operational for any reason,
including without limitation those listed elsewhere in this Agreement.
Home Security Systems and other Non-voice Communications
Equipment By agreeing to VoiceLine's Emergency (911) Conditions and
Limitations you hereby waive any claim against Reynolds Cable TV Inc/Reynolds
Digital VoiceLine and Reynolds Cable TV Inc/Reynolds Digital VoiceLine third
party providers in connection with your Reynolds Digital VoiceLine Service and
MTA, for interference with or disruption of such home security systems and any
and all other communications or electronic equipment due to your Reynolds
Digital VoiceLine Services and MTA.
Local Number Portability The Conditions and Limitations of your
VoiceLine 911-type dialing feature as described in this agreement apply even if
you are porting your number to your VoiceLine service. If your MTA is not yet
activated as of the Port Effective Date (the date on which your phone service is
transferred to VoiceLine), your existing phone service for the number you are
transferring will be disconnected and you will have no service for that line. To
avoid an interruption in your phone service, it is extremely important that you
properly install your MTA prior to, or on, the Port Effective Date. An estimate
of the Port Effective Date will be provided to you by Reynolds Cable TV Inc via
e-mail following your completion of the ordering process.
Limitation of Liability and Indemnification You acknowledge and
understand that Reynold's Cable TV Inc liability is limited for any Service
outage and/or inability to dial 911 from your line or to access emergency
service personnel, as set forth in this document. You agree to defend,
indemnify, and hold harmless Reynolds Cable TV Inc/Reynolds Digital VoiceLine,
its officers, directors, employees, affiliates and agents and any other
underlying service provider who furnishes services to you in connection with
this Agreement or the VoiceLine Service, from any and all claims, losses,
damages, fines, penalties, costs and expenses (including, without limitation,
attorney fees) by, or on behalf of, You or any third party or user of Your
VoiceLine Service relating to the absence, failure or outage of the Service,
including VoiceLine's 911-type dialing and/or inability of You or any user of
Your VoiceLine Service to be able to dial 911, to access emergency service
personnel, to access the correct Public Service Answering Point associated with
your telephone number, or to correctly route an emergency call if you move your
MTA outside of your Service Address.
Limitation of Liability and Indemnification As described herein,
VoiceLine's 911-type dialing is NOT the same as traditional 911 or E911 dialing,
and does not necessarily include all of the capabilities of traditional 911 and
E911 dialing. YOU ACKNOWLEDGE AND UNDERSTAND THAT REYNOLDS CABLE TV INC/REYNOLDS
DIGITAL VOICELINE ENTIRE LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE
EQUIPMENT AND SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL REYNOLDS CABLE
TV/REYNOLDS DIGITAL VOICELINE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR
UNDERLYING SERVICE PROVIDERS BE LIABLE FOR ANY COSTS OR DAMAGES ARISING EITHER
DIRECTLY OR INDIRECTLY FROM THE USE OF REYNOLDS CABLE TV INC SERVICES INCLUDING
WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,
PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE,
DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER,
ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THIS
AGREEMENT OR TO THE SERVICES PROVIDED BY REYNOLDS CABLE TV/REYNOLDS DIGITAL
VOICELINE (INCLUDING, BUT NOT LIMITED TO VOICELINE'S 911-TYPE DIALING AND/OR
INABILITY OF YOU OR ANY USER OF YOUR VOICELINE SERVICE TO BE ABLE TO DIAL 911,
TO ACCESS EMERGENCY SERVICE PERSONNEL, TO ACCESS THE CORRECT PUBLIC SERVICE
ANSWERING POINT ASSOCIATED WITH YOUR TELEPHONE NUMBER, OR TO CORRECTLY ROUTE AN
EMERGENCY CALL IF YOU MOVE YOUR MTA OUTSIDE OF YOUR SERVICE ADDRESS) UNLESS IT
IS PROVEN THAT THE ACT OR OMISSION PROXIMATELY CAUSING THE CLAIM, DAMAGE, OR
LOSS CONSTITUTES GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT ON THE PART OF
REYNOLDS CABLE TV INC/REYNOLDS DIGITAL VOICELINE OR ITS UNDERLYING SERVICE
PROVIDERS. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS REYNOLDS CABLE TV
INC/REYNOLDS DIGITAL VOICELINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES
AND AGENTS AND ANY OTHER UNDERLYING SERVICE PROVIDER WHO FURNISHES SERVICES TO
YOU IN CONNECTION WITH THIS AGREEMENT, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES,
FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY
FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF YOUR VOICELINE
SERVICE.
Release By purchasing VoiceLine Services and checking the 911
Acknowledgments box during your sign up process, You acknowledge that you have
read and understand, and agree to the terms and conditions of this Agreement
(including the Emergency (911) Conditions and Limitations contained herein) and
that you hereby expressly release Reynolds Cable TV Inc/Reynolds Digital
VoiceLine, its directors, officers, employees, agents and underlying service
providers from any and all liability associated with your use of VoiceLine's
Services (including the Emergency (911) Conditions and Limitations for customers
receiving VoiceLine's Emergency (911) Service).
Sole Remedy Your sole and exclusive remedies are expressly set
forth in the Terms of Use Agreement these Emergency (911) Conditions and
Limitations. Some jurisdictions may not permit the exclusion or limitation of
implied warranties, and some jurisdictions may not permit the limitations or
exclusion of incidental or consequential damages, so certain of the above
exclusions may not apply. In such jurisdictions, the liability of Reynolds Cable
TV Inc/Reynolds Digital VoiceLine, its directors, officers, employees, agents
and underlying service providers shall be limited to the maximum extent
permitted by law.
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