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4. VOIP 911 LIMITATIONS AND RESTRICTIONS: Customer acknowledges that e911 service does not have the same functionality or availability as that of traditional wire-line 911 services and is subject to certain limitations and restrictions, including those described herein. Customer acknowledges, represents and warrants that they have been informed by CDEC, and will inform all end users, and require end users to notify any potential user of the VoIP Services that e911 services will not function or will not function properly for any of the following reasons:
- Customer fails to provide CDEC with an accurate, verified and current physical location of the voice handset.
- Loss or interruption of electrical power to a user’s telephone, ATA, modem, router, switch or any other devices in the critical path between the user’s device and Red Bolt Broadband’s Cloud Voice Platform.
- Loss or interruption of internet access at the user’s location.
- Improper installation or failure of device, software or any other devices in the critical path between the user’s telephone handset and Red Bolt Broadband’s Cloud Voice Platform.
- Suspension, disconnection, termination or failure of the service to function for any reason.
- The user attempts a 911 call from a location/address different than the location/address registered with CDEC.
- Due to technical factors in network design or due to network congestion, there may be a possibility of a busy signal or abnormal wait times.
5. 911 DISCLOSURE/ACKNOWLEDGMENT: Customer is responsible for ensuring all end users agree to a 911 service limitation disclosure/acknowledgment before initiating any VoIP Services, wherein the end user acknowledges they understand the limitations on VoIP 911 service as compared to traditional wire-line service.
6. 911/E911 LIMITATION OF LIABILITY/INDEMNITY: CDEC and its affiliates, officers, directors, employees, consultants, agents, licensors, suppliers, and resellers will have no liability to Customer, their end users, or any third party and waives all claims and causes of action, arising out of, or related to Customer, their end users, or any third party’s inability to dial 911 or any emergency telephone number or access an emergency service operator or emergency service. Customer hereby releases and agrees to indemnify, defend, and hold harmless CDEC, its affiliates, officers, directors, employees, consultants, agents, licensors, suppliers, and resellers from any and all claims, liability, damages, losses, expenses, and/or costs (including but not limited to attorneys’ fees and costs of suit) by, or on behalf of customer or any third party or end user, arising from or related to the failure of911/e911 to function or function properly or Red Bolt Broadband’s provision of 911/e911 services or failure to provide access to 911/e911 services.