CLEARCAPTIONS® Terms of Service
Version 1.3
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE.
BY USING THE CLEARCAPTIONS THROUGH CLEARCAPTIONS ENDPOINTS OR PRODUCTS YOU CERTIFY THAT YOU HAVE HEARING LOSS THAT NECESSITATES THE USE OF CAPTIONED TELEPHONE SERVICES. YOU FURTHER CERTIFY THAT YOU HAVE COMPLETED THE REGISTRATION AND SELF-CERTIFICATION REQUIREMENTS DESCRIBED IN THIS AGREEMENT. ADDITIONALLY, BY COMPLETING YOUR REGISTRATION, OPENING THE PACKAGE AND USING THE CLEARCAPTIONS PHONE, OR DOWNLOADING A CLEARCAPTIONS APPLICATION AND USING THE SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING THE 911 EMERGENCY CALLING LIMITATIONS AS DESCRIBED IN SECTION 6. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE AND IMMEDIATELY CALL CLEARCAPTIONS SUPPORT AT 1 (866) 868-8695 TO RETURN ANY PRODUCT(S) WHICH HAVE BEEN PROVIDED TO YOU, ALONG WITH ALL PACKAGE CONTENTS, PRIOR TO ANY USE OR FURTHER UNPACKAGING, OR UNINSTALL THE DOWNLOADED CLEARCAPTIONS APPLICATION.
Important
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The Internet Protocol Captioned Telephone Service (“IP Captioned Telephone Service” or “Captioning”) is available only to individuals who have a medically recognized hearing loss necessitating their use of the captioning service.
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The IP Captioned Telephone Service is supported through the Federal Interstate TRS Fund.
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All calls either made or received
from a ClearCaptions Endpoint must include a hearing-impaired person who needs
captions to fully utilize the telephone. If a non-hard-of-hearing person uses
your ClearCaptions Endpoint or if the user does not need captions to fully
utilize the telephone, captioning must be turned off. (See User Guide for
directions.)
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A non-hard-of-hearing person may
not use the ClearCaptions Endpoint to make or receive phone calls with Captions
on or enabled.
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Only individuals, including you,
who have registered and completed a Self-Certification Form with ClearCaptions
may use your ClearCaptions Endpoint with Captions on or enabled.
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Failure to provide correct
information when you register for ClearCaptions or use the IP Captioned
Telephone Service can lead to termination of your Service and possible
prosecution.
This Agreement is between ClearCaptions
LLC (referred to herein with its agents, affiliates, subsidiaries and licensors as “ClearCaptions”,
“we”, “us”, “our”, or the “Company”) and you, the user of the Service (you are
referred to herein as either “you”, “your”, or as the “User”). By activating
or using the Service or any part thereof in any way, you agree to be bound by
all of the terms and conditions of this Agreement, including, without
limitation, the terms related to 911 emergency services as described in Section 6.
The Company provides IP Captioned
Telephone Service, which may be accessed from. The Service provides
near real-time call captions of phone conversations for English and Bilingual
(English/Spanish) individuals who have hearing loss that necessitates the use
of the IP Captioned Telephone Service. The Service may employ a communications
assistant who, with the aid of speech recognition software, converts the other
party’s spoken words into captioned text in an otherwise standard voice
telephone environment. The Service also may employ speech recognition software
alone, without a communications assistant. The basic specifications and
functionality of the Service are further described on the Company’s website.
The Company offers enabled Endpoints to access Captioning.
Before using the Products or
IP Captioned Telephone Services, you must complete a Registration Form and a Self-Certification form
on which you certify under penalty of perjury, that (i) You have a hearing
loss that necessitates the use of the IP Captioned Telephone Service; (ii) You
understand that captioning may be provided by a live communications assistant
who listens to the other party on the line and provides the text displayed on
your phone or other Endpoints; (iii) You understand that the cost of the ClearCaptions calls is funded by the
TRS Fund; and (iv) You will not permit persons
who have not registered to use ClearCaptions captioned telephone service to
make or receive captioned telephone calls using your registered IP Captioned
Telephone Service or Endpoints (“Self-Certification Form”). As of this date,
ClearCaptions only offers the Self-Certification Form in English.
1. DEFINITIONS AND DEFINED TERMS.
As used in this Agreement, the following terms shall have the meanings set
forth below:
“Agreement” means this Terms of Service Agreement.
“Captioning” has the meaning specified in the introductory paragraph
to this Agreement.
“ClearCaptions”, “we”, “us”, “our”, or the “Company” has the meaning
specified in the introductory paragraph to this Agreement.
“ClearCaptions Disabling Device” means any software, hardware or other technology, device or
means (including any back door, time bomb, time out, drop dead device, software
routine or other disabling device) used by ClearCaptions or its designee to
disable your, or any of your users, access to or use of the Services
automatically with the passage of time or under the positive control of ClearCaptions
or its designee.
“ClearCaptions Materials” means the Firmware, Services, Software, Documentation and ClearCaptions
systems and any and all other information, data, documents, materials, works
and other content, devices, methods, processes, hardware, software and other
technologies and inventions, including any deliverables, technical or
functional descriptions, requirements, plans or reports, that are provided or
used by ClearCaptions or any contractor in connection with the Services or
otherwise comprise or relate to the Services or ClearCaptions Systems. For the
avoidance of doubt, ClearCaptions Material includes any information, data or
other content derived from ClearCaptions’ monitoring of your access to or use
of the Services.
“ClearCaptions Mobile Application” (referred to herein as either “ClearCaptions Mobile
Application” or as “Application”) means a downloadable application to install
and use on wireless electronic devices owned or controlled by you, such as your
smartphone or tablet, and to access and use the Application on such devices
strictly in accordance with the terms and conditions contained in this
Agreement.
“ClearCaptions Phone” (referred to herein as either “ClearCaptions Phone”, or as “Blue”, or as “Ensemble") means a ClearCaptions-branded telephone
to access the Service, includes all physical components of which the phone is
constructed and all physical modifications, if any, includes all accompanying
Firmware and Documentation.
“ClearCaptions Telephone Number” (referred to herein as either “ClearCaptions Telephone
Number” or as “Telephone Number”) means a telephone number obtained by the
Company from an interconnected VoIP service provider, assigned to a ClearCaptions user by ClearCaptions,
and to be used with a ClearCaptions Phone and/or Mobile Application. (See Section 5 for more details) exclusively
in connection with the Services.
“Documentation” means any commercially available, general release version of any textual or graphic
information or materials describing the service, the product, the software or
its use, whether in print or digital form. Such as, user manuals, installation
guides, training manuals, white papers, specifications, designs, configuration
guides, reference material, FAQs, and issues documentation.
“Emergency Alert System” or "EAS" is a national public warning system provided by the Federal
Emergency Management Agency (FEMA) and delivered through the Services as
described in Section 7 of this Agreement.
“Emergency Call Center” is a private call center established for the purpose of routing
incoming emergency calls to the geographically appropriate Emergency Response
Center.
“Emergency Call Taker” is a person in an Emergency Call Center or an Emergency Response Center
who answers incoming emergency calls.
“Emergency Response Center” includes a Public Safety Answering Point, designated statewide
default answering point, and appropriate local emergency authority as defined
in the FCC rules.
“Endpoints” (referred to herein as either “ClearCaptions Endpoints” or as “Endpoints”)
means a ClearCaptions Phone, ClearCaptions Mobile Application for iPhone, iPad, android
and tablet and/or other ClearCaptions enabled end-point devices used exclusively
in connection with the Services.
“Firmware” means all source code, object code, interfaces, content, fonts, upgrades, modified
versions, firmware updates, additions and any data that came with the
ClearCaptions Phone or is provided in association with this License Agreement and the Services
or is later released as a firmware update.
“Harmful Code” means any software, hardware or other technology, device or means, including
any virus, worm, malware or other malicious computer code, the purpose or
effect of which is to (a) permit unauthorized access to, or to destroy,
disrupt, disable, distort, or otherwise harm or impede in any manner any (i)
computer, software, firmware, hardware, system, network, or the Services or (ii) any
application or function of any of the foregoing or the security, integrity,
confidentiality or use of any data processed thereby, or (b) prevent you or your
users from accessing or using the Services or ClearCaptions Systems as intended
by this Agreement. Harmful Code does not include any ClearCaptions Disabling
Device.
“Intellectual Property Rights” means any and all registered and unregistered rights granted,
applied for or otherwise now or hereafter in existence under or related to any
patent, copyright, trademark, trade secret, database protection or other
intellectual property rights laws, and all similar or equivalent rights or
forms of protection, in any part of the world.
“IP Captioning Telephone Service” has the meaning provided for in the introductory paragraph of this Agreement.
“Losses” means any and all losses, damages, liabilities, deficiencies, claims, actions,
judgments, settlements, interest, awards, penalties, fines, costs or expenses
of whatever kind, including reasonable attorneys’ fees and the costs of
enforcing any right to indemnification hereunder and the cost of pursuing any
insurance providers.
“Permitted Use” means any use of the Services, solely in conjunction with the Endpoints, by you
for your benefit solely in or for your personal use for any and all lawful
purposes, subject to the limitations imposed on the Services as described in
Section 3 of this Agreement and the references incorporated therein and subject
to the restrictions further defined in Section 4 of this Agreement.
“Person” means an individual, corporation, partnership, joint venture, limited liability entity,
governmental authority, unincorporated organization, trust, association or
other entity.
“Product” means all of the brands, features, products including, but not limited to, as
applicable, Endpoints, ClearCaptions Telephone Number, technologies, apps,
Software we offer, including your access to and use of the ClearCaptions’
websites and webpages, as well as any other media form, media channel, mobile
website or mobile application related, linked or otherwise connected thereto
and the ClearCaptions’ website.
“Registered 911 Location” shall have the meaning provided for in Section 6.
“Registration Form” means all the information collected as part of the registration process
including, but not limited to, your full legal name, date of birth, last four
digits of your social security number, address, and telephone number. As of
this date, the Registration Form is only available in English.
“Services” means the Products and all services rendered in association therewith, including, but
not limited to, as applicable, emergency 911 dialing as described in Section 6, TRS
(including Captioning, and/or VCO services), the transcription of the audio into captions
and the transmission of the captions to you, and captioned calls, EAS, or any other services
ClearCaptions adds in the future.
“Software” means all source code, object code, interfaces, fonts, upgrades, modified versions,
software updates, additions and any data that came with the Endpoints or is
provided in association with this Agreement, or is later released as a software
update, ClearCaptions Mobile Application, and all accompanying Documentation.
“Self-Certification Form” has the meaning specified in the introductory paragraph hereto.
“Telephone Number” has the meaning provided for in the definition of "ClearCaptions Telephone Number."
“Third Party Materials” means materials and information, in any form or medium, including
any open-source or other software, documents, data, content, specifications,
products, equipment or components of or relating to the Services that are not
proprietary to ClearCaptions.
“TRS” means Telecommunication Relay Services.
“User”, “you” or “your” has the meaning specified in the introductory
paragraph hereto.
“VCO” means voice carry over.
“VoIP” means voice over Internet protocol.
2. SELF-CERTIFICATION AND COMPLIANCE WITH FCC REGULATIONS.
The use of the Products and IP Captioned Telephone Services is strictly governed
by the Federal Communications Commission (the “FCC”), including, but not limited to,
the rules and regulations contained in 47 C.F.R. §§ 64.601 - 64.606. All
regulations can be found at www.fcc.gov. With the exception of certain taxes, fees
(government-mandated and elective) and surcharges that we may impose under
Sections 5(d) and 5(e), our Services, including TRS, VCO, captioning services
and ClearCaptions Telephone Number, are provided at no cost to you as long as
you have a medically recognized hearing disability or impairment.
You certify that you have hearing loss that necessitates the use of a captioned
telephone service. You further certify that you have completed the
Registration Form and the Self-Certification Form.
Our providing of IP Captioned Telephone Services to you at no cost is contingent upon
your status as hearing impaired as just described. Should your status change for any
reason, you agree to immediately inform us and discontinue your use of the Products and IP
Captioned Telephone Services. Additionally, we reserve the right to terminate or restrict
your account access for breach of any terms contained in this Agreement.
3. LICENSE AND PERMITTED USES.
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License: Subject to your compliance with this Agreement and
the accuracy of your certifications in Section 2 above, we hereby grant you a
limited, nonexclusive, non-assignable, revocable license to use the Firmware
on a ClearCaptions Phone and/or to use the Software on the applicable Endpoints.
This license does not authorize your use of the Firmware on any other brand of
phone or captioning device, or to copy the Firmware to any other device,
computer or other means of electronic data storage, including, but not limited
to, a flash drive, a hard disk and/or CD-ROM. This license likewise does not
authorize you to copy the ClearCaptions Mobile Application or Software to any
other device, computer or other means of electronic storage, including, but not
limited to, a flash drive, a hard disk and/or CD-ROM.
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Updates: We will provide you with any Firmware or Software
updates, as may be released from time to time. You are granted a
limited, nonexclusive, non-assignable, revocable license to automatically
receive these updates to the ClearCaptions Endpoints, as applicable, licensed
to you, subject to the restrictions contained herein. You are not permitted to
update or restore Firmware on any other ClearCaptions Phone or to make Firmware
available or accessible to any third party. These updates and releases may not
provide all of the options and features available on earlier released
ClearCaptions Phone models or, as applicable, Endpoints.
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Authorization. Subject to and conditioned on User's payment of
the taxes, fees (government-mandated and elective) and surcharges associated with the Services and compliance and
performance in accordance with all other terms and conditions of this Agreement
and the Privacy Policy, which is available online at [https://clearcaptions.com/privacy/],
ClearCaptions hereby authorizes you to access and use the Services and such ClearCaptions
Materials as ClearCaptions may supply or make available to you solely for the
Permitted Use by and through you in accordance with the conditions and
limitations set forth in this Agreement and the Privacy Policy.
This authorization is non-exclusive and is non-transferable.
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Reservation of Rights: Nothing in this Agreement grants any right, title or
interest in or to (including any license under) any Intellectual Property
Rights in or relating to, the Services, ClearCaptions Materials or Third Party
Materials, whether expressly, by implication, estoppel or otherwise. All right,
title and interest in and to the Services, the ClearCaptions Materials and the Third
Party Materials are and will remain with ClearCaptions and the respective
rights holders in the Third Party Materials.
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Limitations and Restrictions. You shall not, and shall not permit any other Person
to, access or use the Services or ClearCaptions Materials except as expressly
permitted by this Agreement and, in the case of Third-Party Materials, the
applicable third-party license agreement. For purposes of clarity and without
limiting the generality of the foregoing, you shall not, except as this
Agreement expressly permits:
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copy, modify or create derivative
works or improvements of the Services or ClearCaptions Materials;
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rent, lease, lend, sell,
sublicense, assign, distribute, publish, transfer or otherwise make available
any Services or ClearCaptions Materials or Endpoints to any Person, including
on or in connection with the internet or any time-sharing, service bureau,
software as a service, cloud or other technology or service;
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reverse engineer, disassemble,
decompile, decode, adapt or otherwise attempt to derive or gain access to the
source code of the Services or ClearCaptions Materials, in whole or in part;
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bypass or breach any security
device or protection used by the Services or ClearCaptions Materials or access
or use the Services or ClearCaptions Materials other than pursuant to the terms
of this Agreement;
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input, upload, transmit or
otherwise provide to or through the Services or ClearCaptions systems, any
information or materials that are unlawful or injurious, or contain, transmit
or activate any Harmful Code;
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damage, destroy, disrupt, disable,
impair, interfere with or otherwise impede or harm in any manner the Services, ClearCaptions
systems or ClearCaptions’ provision of services to any third party, in whole or
in part;
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remove, delete, alter or obscure
any trademarks, Documentation, warranties or disclaimers, or any copyright,
trademark, patent or other intellectual property or proprietary rights notices
from any Services or ClearCaptions Materials, including any copy thereof;
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access or use the Services or ClearCaptions
Materials in any manner or for any purpose that infringes, misappropriates or
otherwise violates any Intellectual Property Right or other right of any third
party, or that violates any applicable law;
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access or use the Services or ClearCaptions
Materials for purposes of competitive analysis of the Services or ClearCaptions
Materials, the development, provision or use of a competing software service or
product or any other purpose that is to the ClearCaptions’ detriment or
commercial disadvantage;
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access or use the ClearCaptions
Telephone Number with any other product or service except the ClearCaptions
Services;
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interfere, disrupt, block, degrade
or otherwise impair updates transmitted to ClearCaptions Endpoints or the
functionality that enables Endpoints to determine whether Software updates are
needed or other transmissions and connections between Endpoints and
ClearCaptions gateways; or
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otherwise access or use the
Services or ClearCaptions Materials beyond the scope of the authorization
granted under this Section 3(e).
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Termination of Services. ClearCaptions reserves the right to terminate the
Services and reclaim all of the related equipment used in connection with the
Services for any violation of Section 3(e) of this Agreement or for violation
any other material term of this Agreement.
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ClearCaptions Intellectual Property Rights. All right, title and
interest in and to the Services and ClearCaptions Materials, including all
Intellectual Property Rights therein, are and will remain with ClearCaptions and
the respective rights holders in the Third-Party Materials. You have no right,
license or authorization with respect to any of the Services or ClearCaptions
Materials (including Third-Party Materials) except as expressly set forth in
Section 3(c) or the applicable third-party license, in each case subject to
Section 3(e). All other rights in and to the Services and ClearCaptions Materials
(including Third-Party Materials) are expressly reserved by ClearCaptions and
the respective third-party licensors.
4. COMPLIANCE WITH RELEVANT LAWS.
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General Use of Services. You agree to use the ClearCaptions Products and
Services in compliance with all applicable laws, including: (a) FCC
regulations; and (b) the laws of the state, country, or region where you (i)
reside, (ii) lawfully obtained the ClearCaptions Products, (iii) download
updates, and/or (iv) use the ClearCaptions Products. This specifically includes
ensuring that ClearCaptions Endpoints with captions on or enabled are not used
by a non-hearing impaired person, any other person who does not need
captioning, or any person who has not registered to use ClearCaptions captioned
telephone service.
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Caption Recording. The ClearCaptions Endpoints include a feature that
saves captioning from a conversation. The saved captioning is stored on the
Endpoint running the Application. The resulting caption record is accessible
to you, but it is not accessible by us. You acknowledge and agree that state
law in many jurisdictions requires consent from all parties to a telephone
conversation or other two-way voice communication before lawfully recording
such conversations. You acknowledge and agree further these laws may apply if
any party to a communication is located in such a state, even if you are not.
You agree that you bear sole responsibility for using the saving feature in
compliance with all applicable laws, including obtaining consent where required
by state law or turning off the feature, and you agree to indemnify and hold
harmless ClearCaptions from all liability for any use of the caption storing
feature.
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You agree not to use the Services
to engage or participate in communications or conduct of an abusive,
pornographic, lewd, obscene, harassing, fraudulent or unlawful nature while
using the ClearCaptions Products or Services.
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You agree not to behave in an
abusive, harassing, aggressive or threatening manner toward ClearCaptions
representatives that you encounter during the course of installation, use or
maintenance of the ClearCaptions Products or Services.
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You agree to use the ClearCaptions
Endpoints exclusively to engage in communication with one or more individuals,
in a manner that is functionally equivalent to the ability of a hearing
individual who does not have a speech disability to communicate using voice
communication services by wire or radio. You agree not to use the
ClearCaptions Endpoints for any other purpose. In the event that we believe
that you are not using IP Captioned Telephone Services to engage in communication with one or more
individuals, in a manner that is functionally equivalent to the ability of a
hearing individual who does not have a speech disability to communicate using
voice communication services by wire or radio, we may immediately cease
captioning and, upon 14 days’ prior written notice, cease providing
ClearCaptions Telephone Number for violation of this Agreement.
5. CLEARCAPTIONS TELEPHONE NUMBER.
This Section 5 applies only to Users who download and/or use the ClearCaptions Products in
conjunction with the ClearCaptions Telephone Number.
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Telephone Numbers. ClearCaptions utilizes 10-digit phone numbers provided by a
VoIP provider to offer ClearCaptions Telephone Numbers to use with applicable
Endpoints. We will use our best efforts to secure a 10-digit phone number with an area
code closest to your physical location that is in any of the 50 U.S.
states and the District of Columbia. We reserve the right to reclaim abandoned
ClearCaptions Telephone Numbers that were assigned to a registered User. Once a
ClearCaptions Telephone Number is reclaimed we cannot guarantee that a particular
ClearCaptions Telephone Number or any other 10-digit phone number can be provisioned to you subsequently.
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Porting. When you sign up to use a ClearCaptions Telephone Number,
we will assign a 10-digit phone number that we obtained from a VoIP provider. You will be able to
transfer (or “port”) the ClearCaptions Telephone Number to
a provider other than the VoIP provider from which ClearCaptions obtained the 10-digit
phone number subject to Section 5(d). If you determine your number has been ported out without
your authorization please contact ClearCaptions Customer Support by calling 1
(866) 868-8695 or by sending an email to support@clearcaptions.com.
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Voicemail. ClearCaptions Telephone Number offers voicemail box
functionality. Your
voicemail box can only hold a limited amount of messages. If your voicemail
box is full, you will be notified. Callers trying to leave a voicemail when
your voicemail is full won't be able to leave a voicemail until you erase some
messages. We are not liable for missed or deleted voicemails or other messages
that gets lost or are delayed in delivery or for partial or total
non-performance of any voicemail service.
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Number Acquisition Fee. ClearCaptions may charge a
one-time fee, plus applicable taxes, surcharges and
fees (whether administrative or government-mandated), for any ClearCaptions
Telephone Number requested for ClearCaptions Phones when such request is
submitted after [August] 2023. The fee does not apply to ClearCaptions
Telephone Numbers transferred to another ClearCaptions service, for example,
requesting to port a ClearCaptions Telephone Number to ClearCaptions Mobile
Application. ClearCaptions will only refund this fee, plus applicable taxes and fees, prior
to installation when a User cannot be qualified or installed.
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Government-Mandated Taxes, Fees and Surcharges and Elective Fees. The VoIP provider ClearCaptions obtains 10-digit
phone numbers from may be assessed fees associated with contributions to the
Universal Service Fund (“USF”) or other regulatory fees and government-mandated
taxes, fees and surcharges including 911 surcharges. Additionally, the VoIP
provider may impose elective fees on ClearCaptions associated with obtaining a
10-digit phone number and the services to support interconnecting the 10-digit
phone number with the public telephone network. We reserve the right to recover
(i) government mandated taxes, fees and surcharges that a VoIP provider imposes on ClearCaptions
or directly imposed on ClearCaptions by a governmental or regulatory authority;
(ii) any elective fees that a VoIP provider imposes on ClearCaptions; (iii) any
fees as identified in Section 5(d) above; or (iv) any combination of the
preceding, and, in each case, directly from you by billing you these charges consistent
with relevant law. Should we choose to execute that right, you
will be provided prior notice before any such charges are billed and/or
collected except for recurring charges where you will receive notice prior to
our imposition of the first recurring charge but not on each recurring charge
thereafter. You can cancel your service at any time, with no charge, but if you
fail to cancel after receiving prior notice of such charges, you agree to pay
any charges imposed by us.
6.
EMERGENCY CALLS AND 9-1-1 DIALING.
ALTHOUGH YOU MAY USE THE PRODUCTS OR SERVICES TO DIAL 911, CLEARCAPTIONS RECOMMENDS THAT YOU MAINTAIN AN ALTERNATIVE MEANS OF MAKING AN EMERGENCY CALL TO 911 (FOR EXAMPLE, THROUGH A TRADITIONAL TEXT TELEPHONE OR, IF A TTY IS NOT AVAILABLE, A STANDARD TELEPHONE). DIALING 911 FROM A TTY OR TRADITIONAL PHONE REMAINS THE MOST RELIABLE AND FASTEST METHOD OF REACHING EMERGENCY RESPONSE PERSONNEL. 911 CALLING USING THE SERVICES OR THE CLEARCAPTIONS PRODUCTS DIFFERS IN IMPORTANT WAYS FROM PLACING 911 CALLS FROM TRADITIONAL WIRELINE TELEPHONE OR TTY SERVICES. THIS SECTION PROVIDES IMPORTANT INFORMATION ABOUT SUCH LIMITATIONS:
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GENERAL LIMITATIONS APPLICABLE TO THE SERVICES AND ALL CLEARCAPTIONS PRODUCTS: PLACING A 911 CALL USING THE SERVICES AND A CLEARCAPTIONS PRODUCT IS SUBJECT TO THE FOLLOWING LIMITATIONS (A) WE CANNOT GUARANTEE THAT A CONNECTION WILL BE ESTABLISHED ENABLING THE PLACING OF EMERGENCY CALLS; (B) 911 CALLING WILL NOT BE FUNCTIONAL IF YOUR BROADBAND CONNECTION IS NOT FUNCTIONAL FOR ANY REASON OR ANY OF YOUR ENDPOINTS CANNOT ACCESS A BROADBAND INTERNET CONNECTION AT THE TIME THE CALL IS ATTEMPTED; (C) 911 CALLING MAY NOT BE AVAILABLE IF THERE IS A POWER OUTAGE ASSOCIATED WITH YOUR BROADBAND CONNECTION OR YOUR ENDPOINTS; (D) 911 CALLING WILL NOT BE AVAILABLE IF YOUR SERVICES ARE CANCELLED, TERMINATED OR SUSPENDED BY CLEARCAPTIONS FOR ANY REASON; (E) YOUR 911 CALL MAY BE DELAYED OR NOT TRANSMITTED AS RAPIDLY AS THOSE TRANSMITTED USING A TRADITIONAL WIRELINE PHONE OR TTY SERVICE; (F) IF A CONNECTION IS ESTABLISHED, SUCH CONNECTION MAY NOT BE TO THE GEOGRAPHICALLY APPROPRIATE EMERGENCY RESPONSE CENTER (G) IF A CONNECTION IS ESTABLISHED, YOUR ACTUAL LOCATION INFORMATION MAY NOT BE AVAILABLE TO THE EMERGENCY CALL TAKER; (H) IF A CONNECTION IS ESTABLISHED, THE INCORRECT ADDRESS MAY BE AUTOMATICALLY PROVIDED TO THE EMERGENCY CALL TAKER; (I) IF A CONNECTION IS ESTABLISHED, IP CAPTIONING TELEPHONE SERVICES MAY SLOW THE RESPONSE TIME OR THE RELAY OF EMERGENCY INFORMATION; (J) THE EMERGENCY CALL TAKER MAY NOT HAVE THE CAPABILITY TO RECEIVE EITHER REGISTERED 911 LOCATION (AS DEFINED BELOW) INFORMATION ASSOCIATED WITH YOUR ACCOUNT OR AUTOMATIC LOCATION INFORMATION WHEN USING THE CLEARCAPTIONS PRODUCTS; (K) THE EMERGENCY CALL TAKER MAY NOT HAVE THE CAPABILITY TO REACH YOU ON THE ENDPOINT YOU USED TO DIAL 911 BECAUSE THE CLEARCAPTIONS TELEPHONE NUMBER COULD RING ALL OF YOUR CLEARCAPTIONS’ ENDPOINTS AT THE SAME TIME AND (L) IF YOUR ENDPOINTS USED TO PLACE 911 CALLS MALFUNCTION FOR ANY REASON, YOU MAY NOT BE ABLE TO PLACE 911 CALLS, YOUR REGISTERED 911 LOCATION (AS DEFINED BELOW) OR AUTOMATIC LOCATION INFORMATION MAY NOT TRANSMIT OR YOU MAY NOT BE ABLE TO RECEIVE A CALL BACK FROM AN EMERGENCY CALL TAKER.
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User-Provided
Registered 911 Location.
To ensure your 911 call is routed to the proper Emergency Response Center and to ensure that
the emergency response personnel can send help to your physical location in any
of the 50 U.S. states and the District of Columbia, ClearCaptions needs to
obtain the address from which you are placing the emergency call (“Registered 911
Location”).
You are responsible for providing ClearCaptions an up-to-date
Registered 911 Location. If you fail to do so, we may not be able to obtain
your location information and route your call to the appropriate Emergency Response
Center or provide your physical location. If you change your Registered 911 Location,
you must update ClearCaptions with your new Registered 911 Location. If
ClearCaptions is not able to validate the new Registered 911 Location, you will
not be able to submit the provided address and it could take as long as up to
several business days to activate 911 service at the provided address. If a 911
emergency call is made prior to activation, then your call and the Registered 911
Location information may not be automatically routed to the appropriate Emergency
Response Center.
You can inform ClearCaptions of your initial or new
Registered 911 Location by calling 1 (866) 868-8695. You can also update your Registered 911
Location directly through either the ClearCaptions Mobile Application or
directly through your ClearCaptions Phone.
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Single-number Feature may Interfere with 911 Call-back.
ClearCaptions uses a single-number feature for the ClearCaptions Telephone Number associated
with your Endpoints. The single-number feature is designed to ring on
multiple ClearCaptions Endpoints simultaneously, provided that such
ClearCaptions Endpoints are associated with your Service. Emergency personnel
may not be able to reach you if one of your other ClearCaptions Endpoints (that
is utilizing the single-number feature) is answered prior to you answering the
device from where the 911 call was placed.
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911 Available Only in the U.S.
Emergency calling functionality as described in this Section 6 for all ClearCaptions Products is available
only for calls placed from a location in any of the 50 U.S. states and the
District of Columbia.
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911 Calling on a Mobile Platform.
By using the ClearCaptions Mobile Application on a mobile platform, or any part thereof in any way, you
grant us permission to share your location with emergency response personnel.
Your location may be automatically detected when your Endpoints are running the
ClearCaptions Mobile Application and we may transmit that information to Emergency
Response Center or we may transmit your Registered 911 Location information. We
cannot know with certainty which location will be transmitted with such calls.
We will attempt to route your call to the geographically appropriate Emergency Response
Center based on your location information but if we rely on your Registered 911
Location and that is different than your actual location, your 911 call may be
routed to the incorrect Emergency Response Center. It is also possible that
your call may be routed to an Emergency Call Center. Such center will only
have access to your Registered 911 Location which may not be your actual
location and may not have access to your call-back telephone number.
Additionally, such Emergency Call Centers will not be the geographically
appropriate Emergency Response Center that will likely result in the delay of
dispatching emergency first responders.
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Mobile Device Location Setting.
Your location can only be detected when your device location setting is enabled. This allows us to
determine your devices’ location using a combination of global positioning
service (GPS), nearby wireless access points, cell towers, and/or your IP
address. Depending on the capabilities of your device, the capabilities of the
underlying wireline or wireless networks, and/or the Emergency Response Center,
your device’s automatic location can be determined with varying degrees of
accuracy. NOTE THAT EVEN IF THIS FUNCTIONALITY IS ENABLED, WE MAY STILL ROUTE
YOUR CALL BASED ON THE REGISTERED 911 LOCATION FOR A VARIETY OF REASONS.
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Wi-Fi Only Mobile Devices. AUTOMATIC LOCATION INFORMATION MAY NOT BE AVAILABLE TO US WHEN USING
SUCH DEVICES OR THE LOCATION INFORMATION TRANSMITTED MAY BE ASSOCIATED WITH THE
WI-FI ACCESS POINT RATHER THAN YOUR ACTUAL DEVICE. IN THE EVENT THAT THE LOCATION
INFORMATION IS UNAVAILABLE WE WILL ONLY USE YOUR REGISTERED 911 LOCATION FOR
ROUTING 911 CALLS AND FOR PROVIDING AUTOMATIC LOCATION INFORMATION TO EMERGENCY
CALL TAKERS.
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Emergency Call Center. ClearCaptions reserves the right to route a 911 call to an Emergency Call
Center when it cannot validate location information. An Emergency Call Center
may require you to provide your current location orally to determine the geographically appropriate Emergency Response Center.
You acknowledge and agree that ClearCaptions, when
providing access to emergency communications services through any of
ClearCaptions Products or Services, intends to limit its liability and immunize
ClearCaptions from all liability of the same scope and extent that is
equivalent to the scope and extent of immunity or other protection from
liability afforded any local exchange carriers under federal and applicable
state law (whether through statute, judicial decision, tariffs filed or posted by
local exchange carriers, or otherwise).
7. TRANSMISSION OF FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) EMERGENCY ALERT SYSTEM
ClearCaptions offers Federal Emergency Management Agency (FEMA) Emergency Alert System (EAS) in
certain geographic areas, on emergency alert capable devices, including
ClearCaptions Phone and certain Endpoints. You may receive emergency alerts
from FEMA and information on how to contact FEMA for more information. It is up
to you to decide whether or not to contact FEMA for more information.
When messages are transmitted, your Service may be interrupted and the message may be repeated
twice. FEMA and ClearCaptions may also conduct EAS tests that may interrupt
Service. If you use ClearCaptions’ single-number feature, the emergency alert
may be transmitted on multiple ClearCaptions Endpoints simultaneously.
This service is available only in the 50 U.S. states and the District of Columbia. Your User-Provided
Registered 911 Location will be used to deliver emergency alerts that are relevant for your geographic
location. As provided in Section 6, you are responsible for providing ClearCaptions an up-to-date Registered
911 Location. Emergency alerts may not be available on all devices or in all geographic areas. In areas in which the emergency
alerts are transmitted, such alerts may not be received by you even though you
have a ClearCaptions Phone or Endpoint capable of receiving them.
There is no additional charge for these emergency alerts. For details on the availability of this
service and emergency alert capable devices, please ask a sales representative,
or visit FEMA’s EAS web page for more information at https://www.fema.gov/emergency-managers/practitioners/integrated-public-alert-warning-system/public/emergency-alert-system.
In transmitting emergency alerts pursuant to federal law, ClearCaptions, including its contractors and
affiliates, and each of its and their respective officers, directors,
employees, agents, successors and assigns, shall not be liable to any
subscriber to, or user of, ClearCaptions’ Phone or Endpoints for any act or
omission related to or any harm resulting from the transmission of, or the
failure to transmit, an emergency alert; or the release to a government entity
or agency, public safety, fire service, law enforcement official, emergency
medical service, or emergency facility of subscriber information used in
connection with delivering an emergency alert.
8. GENERAL DISCLAIMER OF WARRANTIES.
ALL SERVICES, CLEARCAPTIONS PRODUCTS AND CLEARCAPTIONS
MATERIALS ARE PROVIDED “AS IS” AND CLEARCAPTIONS HEREBY DISCLAIMS, EXCEPT AS
PROVIDED IN SECTION 9 OF THIS AGREEMENT, ALL WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHER, AND CLEARCAPTIONS SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR
TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, CLEARCAPTIONS MAKES NO WARRANTY OF
ANY KIND THAT THE SERVICES, INCLUDING BUT NOT LIMITED TO 911 OR OTHER EMERGENCY
CALLING OR CALL-BACK FUNCTIONALITY, OR EAS, OR CLEARCAPTIONS' MATERIALS, OR ANY PRODUCTS OR
RESULTS OF THE USE THEREOF, WILL MEET USER'S OR ANY OTHER PERSON’S
REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE
COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES BE SECURE,
ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD-PARTY
MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR
CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN USER AND THE
THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. NO EMPLOYEE,
AGENT, DEALER OR DISTRIBUTOR IS AUTHORIZED TO MODIFY THIS LIMITED WARRANTY, OR
TO MAKE ANY ADDITIONAL WARRANTIES. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR
IMPLIED WARRANTIES THEN TO THE FULLEST EXTENT ALLOWED BY LAW, ALL SUCH
WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD OF THIRTY (30) DAYS
OR SUCH LONGER PERIOD IF REQUIRED BY RELEVANT LAW AND SHALL BE SUBJECT ONLY TO
THE LIMITED REMEDIES REQUIRED BY RELEVANT LAW.
THE SERVICES ARE BASED IN THE STATE OF CALIFORNIA IN THE UNITED STATES AND PROVIDED FOR ACCESS AND USE ONLY BY PERSONS LOCATED IN THE UNITED STATES. YOU ACKNOWLEDGE THAT YOU MAY NOT BE ABLE TO ACCESS ALL OR SOME OF THE SERVICES OUTSIDE OF THE UNITED STATES AND THAT ACCESS THERETO MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL LAWS.
9. SATISFACTION GUARANTY AND LIMITED WARRANTY.
This Section 9 is subject to the limitations provided for in Section 13.
-
Limited Warranty for ClearCaptions Products. If for any
reason you are not completely satisfied with the ClearCaptions Products, you
may request a refund of amounts you actually paid for your ClearCaptions Phone
(if any) by notifying us in writing within thirty (30) days from the date of
activation of your account, which notice must provide the following: (a) Your
name and contact information; (b) activation date of your account; and (c) the
reason for the request for a refund. This request must be accompanied by return
of the ClearCaptions Phone, undamaged and in good condition, or by providing a
signed and dated letter that you have uninstalled the ClearCaptions Application
and/or Software, as applicable (“Returned Product”). Upon refund of your
payment (if any) for the Returned Product, you acknowledge and agree that this
Agreement will be deemed to have automatically terminated as applied to the
Returned Product. Thereafter, any further use of the Returned Product in
connection with the Service will be unauthorized and an infringement of our
intellectual property rights.
-
Limited Warranty for ClearCaptions Phones. We warrant that
for a period of one (1) year (“Warranty Period”) after delivery of the
ClearCaptions Phone to you, and under normal use by the original end-user
purchaser that the ClearCaptions Phone shall be free from defects in materials
and workmanship under normal use, provided that ClearCaptions reserves the
right to exclusively determine how to repair any defective phones during the
Warranty Period which may include repair or replacement of the ClearCaptions Phone
with a new or refurbished device. In the event there are FCC regulations which
prevent ClearCaptions from issuing you a replacement ClearCaptions Phone,
ClearCaptions may provide you with a different ClearCaptions model as a replacement.
-
Scope of Limited Warranty for ClearCaptions Phones. This warranty
applies only to defects in factory materials and factory workmanship. Any
condition caused by accident, abuse, misuse or improper operation, violation of
instructions furnished by ClearCaptions, destruction or alteration, improper
electrical voltages or currents, or repair or maintenance attempted by anyone
other than ClearCaptions or an authorized service center, is not a defect
covered by this warranty. Telephone companies manufacture different types of
equipment and ClearCaptions does not warrant that its equipment is compatible
with the equipment of a particular phone company. This limited warranty applies
only to the ClearCaptions Phone and not to any third-party products, even if
the product is sold with or packaged with ClearCaptions branded products. In
so far as permitted by law, the ClearCaptions Phone is provided “as is”. In the case of any
inconsistencies between the phone warranty found in the box and this limited
warranty, this limited warranty will control. We may update this limited warranty at any
time, and we will post such updates. Using the ClearCaptions Phone after
the changes become effective means you agree to the new terms. If you do not
agree to the new terms, you must stop using the ClearCaptions Phone.
10. LIMITATION OF LIABILITY:
EXCEPT FOR CLEARCAPTIONS GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT, IN NO EVENT WILL CLEARCAPTIONS OR ANY OF ITS AGENTS, LICENSORS, SERVICE
PROVIDERS, SUPPLIERS, OR CONTRACTORS BE LIABLE UNDER OR IN CONNECTION WITH THE PRODUCTS, THE SERVICES, THIS AGREEMENT, OR
ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY:
(a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE;
(b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES,
(c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM
SECURITY, OR (d) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL,
ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED
OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE
OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER
REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF
CLEARCAPTIONS AND ITS AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS AND CONTRACTORS, UNDER OR IN
CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR
EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY AND OTHERWISE, EXCEED SIX (6) MONTHS OF THE FEES ACTUALLY PAID
BY YOU FOR THE SERVICES. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY
AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
11. INDEMNIFICATION.
You shall indemnify, defend and hold
harmless ClearCaptions and its agents, subsidiaries and affiliates, service providers, licensors,
suppliers, contractors and each of its and their respective officers, directors, employees,
agents, successors and assigns (each, a “ClearCaptions Indemnitee”) from and against any and
all Losses arising out of or relating to any claim, suit, action or proceeding incurred by such
ClearCaptions Indemnitee (other than an affiliate of a ClearCaptions
Indemnitee) that arise out of or relate to any: (a) access to or use of the
Products; (b) access to or use of the Services; (c) processing of your data or
information in accordance with this Agreement; (d) your non-compliance with any
specifications or directions associated with any Endpoints or other equipment
made available to you by ClearCaptions; (e) allegation of facts that, if true,
would constitute User’s breach of any of its representations, warranties,
covenants or obligations under this Agreement; or (f) negligence or more
culpable act or omission (including recklessness or willful misconduct) by you,
any users, or any third party on behalf of User, in connection with this
Agreement.
12. NO ASSIGNMENT.
You may not assign this Agreement to any other
Person. Any attempted assignment in violation of this Section is null and void.
13. LIMITED REMEDIES.
In lieu of obtaining a refund for payments (if any)
actually made to ClearCaptions for equipment to use in connection with the
Service under the satisfaction guaranty described in Section 9 above, if a
product defect arises with respect to the ClearCaptions Phone and a valid claim
is received within the ninety (90)-day period from the activation of your
account, our entire liability and your exclusive remedy with respect to the
ClearCaptions Phone shall be:
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the repair or replacement of any non-conforming ClearCaptions Phone not meeting our
Limited Warranty which is returned to our customer support department within the Warranty
Period with a copy of your receipt; and
-
we may replace any non-conforming ClearCaptions Phone with a with a new or refurbished ClearCaptions
Phone similar in functionality or user capabilities, the selection of which
replacement ClearCaptions Phone to issue will be at our discretion and based upon
our available ClearCaptions Phone replacement inventory; or
-
if we are unable to repair or deliver a replacement
ClearCaptions Phone that is free of defects in materials or workmanship, you
may terminate this Agreement by returning the ClearCaptions Phone, upon which a
refund of your ClearCaptions Phone, if applicable, will be processed and the Services
will be terminated. Any Services terminated pursuant to this section will result in
ClearCaptions reclaiming the ClearCaptions Telephone Number and the ClearCaptions
Telephone Number assigned by the company for your use with the Services will no longer
be associated with you or your account.
The replacement ClearCaptions Phone or replacement
part(s) are subject to the remaining warranty term for the original
ClearCaptions Phone. The original
ClearCaptions Phone, as well as any replacement ClearCaptions Phone or parts,
will remain our property. When a refund is given, the ClearCaptions Phone for
which the refund is given must be returned to us. Any repairs attempted or
made to the ClearCaptions Phone by someone other than us may void all
applicable ClearCaptions Phone warranties.
In lieu of obtaining a refund for payments (if any)
actually made to ClearCaptions for equipment to use in connection with the
Service under the satisfaction guaranty described in Section 9 above, if a Product
defect arises with respect to the ClearCaptions Mobile Application and a valid
claim is received within the ninety (90)-day period from the activation of your
account, our entire liability and your exclusive remedy with respect to the
ClearCaptions Mobile Application, shall be the replacement or modification of
any such non-conforming Application or Software not meeting our limited
warranty described in Section 9 above; provided, however, that if we are unable
to replace or modify the Application or Software, you may terminate this
Agreement by uninstalling the ClearCaptions Mobile Application from your device.
14. WRITTEN OFFER FOR THIRD PARTY SOURCE CODE.
The Firmware and Software includes code developed
by third parties, including software code subject to GNU General Public License
(“GPL”) or GNU Lesser Public License (“LGPL”). The GPL and LGPL code, and all
other third-party code, used in the ClearCaptions Products and Software is
distributed WITHOUT ANY WARRANTY and is subject to the copyrights of one or
more authors. For details, see the GPL code and the LGPL code for this product
and the terms of the GPL and LGPL, which are available through the written offer
described below.
Also, this product includes third party software
developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)
As applicable, the terms of the GPL, LGPL and OpenSSL,
and information about obtaining access to the GPL, LGPL, OpenSSL code used in
this product, are available by sending a letter to us.
Where such specific license terms entitle you to the
source code of such software, we will provide, upon written request via
traditional paper mail, the applicable GPL, LGPL and OpenSSL source code files
via CD-ROM for a nominal cost to cover shipping and media charges as allowed
under the GPL, LGPL and OpenSSL.
Please direct all inquiries to: ClearCaptions, Attn: ClearCaptions Source Code Request, 3010 Lava Ridge Court, Suite 200, Roseville, CA 95661.
15. GOVERNMENT END USERS.
The ClearCaptions Products and Services are,
respectively, “Commercial Items,” “Commercial Computer Software” or “Computer
Software Documentation,” as such terms are used in 48 C.F.R. §§2.101, 12.212,
227.7202, and consistent therewith, the foregoing are being licensed to U.S.
Government end users only as Commercial Items and only with the same rights
granted to all other end users, pursuant to the terms and conditions provided
herein. Unpublished rights are reserved under the copyright laws of the United
States.
16. PRIVACY.
The protection of your private information is very
important to us and we will only use and disclose it for the purposes described
in this Agreement. We provide Telecommunications Relay Services under the
regulatory rules of the FCC. These services are regulated by the FCC to ensure
that the privacy of your telecommunications is strictly enforced. We take the
privacy of your telecommunications very seriously. To the extent that any
consent to disclosure of User information set forth in this Section 16 is
inconsistent with ClearCaptions’ obligations under applicable law, we will
adhere to the requirements of applicable law.
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User Account. In order to use the ClearCaptions Products or IP Captioned Telephone
Services, you will need a User account. The creation of your User account will require
you to disclose personal and private information, which will be exchanged
electronically with us over the Internet. All of your contacts and photographs,
when saved by you to your account, will also be stored on our servers and be
accessible to us. You agree to provide accurate and complete information when
creating your User account or when providing us with personal information for
any other reason.
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Service-Related Information.
We may also collect information from you and about
you through your use of IP Captioned Telephone Services. This information is needed for us to
provide you with IP Captioned Telephone Services and to seek compensation for IP Captioned Telephone
Services from the TRS Fund. This information will be used also to assess and improve the
ClearCaptions Products and IP Captioned Telephone Services. By your use of the ClearCaptions Products
or IP Captioned Telephone Services, you agree that we may use your information to assess and improve
our IP Captioned Telephone Services.
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Call Monitoring. Our IP Captioned Telephone Services require individuals, including our
representatives and agents, and software to listen to and transcribe the
incoming audio portion (one side) of your telephone conversations. In order to
do this, the incoming audio portion of your telephone call will be transmitted
to us, or our third-party contractors, for transcription and captioning. To
protect your privacy, with the exception of voicemail recordings stored on
ClearCaptions’ servers for you to access and retrieve your voicemail messages, neither
the audio transmission nor transcription of the call will be retained by us or
our third-party contractors. By using IP Captioned Telephone Services, you agree to the
transmission of the incoming audio portion of your telephone call audio to us
or our agents and Automatic Speech Recognition platform(s) and waive any rights
you may have under applicable law restricting the same. To the extent
permitted by law, you waive all privacy laws governing telephone communications
and monitoring of the same.
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Providing Information to Authorities and Third Parties.
ClearCaptions may provide your information, including your identity, to Authorities and third
parties as explained in this section. First, to validate your identity in
connection with your application for service or as required by law,
ClearCaptions may provide a third party the following personally identifiable
information: full name, residential address (and registered location/911
Address, if different), telephone number, last four digits of your Social
Security Number, and date of birth. Second, if we believe that you have used
the ClearCaptions Endpoints or related Services for an unlawful purpose, we may
forward the relevant communication and other information, including your
identity, to the appropriate authorities for investigation and prosecution. You
consent to our forwarding of any such communications and information to these
authorities and third parties. In addition, you hereby agree that we may
disclose your name, telephone number, credit card information and other
personal information, any communications sent or received by you, and any other
information that we may have about your account, including but not limited to,
types of service, length of service, IP address, email address, registered 911
address, automatic locations information, other data related to location and
all other account information, as follows: (a) in response to law enforcement
or other governmental agency request; (b) as required by law, regulation, rule,
subpoena, search warrant, or court order as we determine and subject to our
sole discretion; (c) as necessary to identify, contact, or bring legal action
against someone who may be misusing the Products, Software or the Services; (d)
to protect ClearCaptions’ rights and property; or (e) in emergency situations
where we reasonably believe that disclosure of such information is necessary to
protect ClearCaptions' Users, you or third parties from imminent harm. In
the event that ClearCaptions is considering a sale, partial or complete, asset
transfer, partial or complete, or other financing matters, certain information
we possess concerning you may be accessed, disclosed and processed by third
parties but, in such cases, pursuant to a written agreement that limits such
access, disclosure and processing, in which case ClearCaptions would make any
disclosures required by the California Consumer Privacy Act (“CCPA”), the California
Privacy Rights Act of 2020 (“CPRA”), any other California privacy laws, as well as the Delaware Online Privacy and Protection Act (“DOPPA”).
17. CUSTOMER PROPRIETARY NETWORK INFORMATION.
In the course of providing our IP Captioned Telephone Services to you
through a ClearCaptions Endpoint, we collect
and maintain certain customer proprietary network information (“CPNI”) in
accordance with the rules and regulations of the FCC and any applicable
requirements of the CCPA/CPRA/DOPPA when necessary. CPNI includes the types of services you
currently purchase and related usage and billing information for those
services. Your telephone number, name, and address are not CPNI. We value our
relationships with our Users and are committed to respecting and protecting
your CPNI. Accordingly, we have developed safeguards for the use of your CPNI
, and we do not sell, trade, or share your CPNI except as authorized by you or
required by law or as provided by Section 16.
We may also use or disclose your CPNI to other
authorized companies to offer you products and services that may be different
from the types of services you already use. We ask for your consent to do this
during your registration process. At any time you may choose to opt out of
this use of your CPNI for marketing purposes. You have the right to deny any TRS
provider the right to use, disclose or permit access to your CPNI for certain
marketing purposes, and TRS providers have a duty under federal law to honor your
right to protect the confidentiality of your CPNI.
If you wish to restrict our use of your CPNI for marketing purposes, you may do
the following:
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(1) Log in at my.clearcaptions.com, go to the ‘CPNI Opt In’ section of your user profile
(My Account), and uncheck the CPNI Opt-in checkbox; or
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(2) On the ClearCaptions Phone
(excluding the Ensemble) navigate to the ‘My Account’ section in Settings,
logging in, and unchecking or toggling off CPNI from the CPNI section.
Alternatively, you may call ClearCaptions Customer Support at 1 (866) 868-8695.
Your approval or denial of our use of your CPNI for
marketing purposes will not affect the provision of IP Captioned Telephone Services to you;
however, the lack of access to your CPNI may prohibit ClearCaptions and its
affiliates or authorized companies from offering you new or different services
that may be of interest to you and tailored to your needs. Your approval or
denial of our use of your CPNI for marketing purposes will stay in place until you
change it.
In addition, we can disclose your CPNI without your
approval for legal or regulatory reasons, including in response to subpoenas
and court orders, without your prior knowledge or consent. We can also use
CPNI to investigate fraud and to prevent violation of our Terms of Service, our
Privacy Policy, our Acceptable Use Policy, set forth below, and any unlawful
use of our network and IP Captioned Telephone Services. In order to use your CPNI for other reasons
not set out in this Section 17, we will provide you the option to “opt-in” to
such uses and disclosures. Generally, we may obtain your consent after
providing notification through oral, written or electronic methods.
18. CONSUMER PRIVACY ACTS
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Notice to California Residents Regarding Personal Information.
In the course of providing our Services to you through a ClearCaptions Endpoint, we collect and maintain certain consumer personal information. This personal information includes personally identifiable information, medical information, and phone network information. Pursuant to the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act of 2020 (“CPRA”), other applicable California laws, and the Delaware Online Privacy and Protection Act (“DOPPA”), we provide you the following notice of ClearCaptions’ obligations and your rights under the CCPA/CPRA/DOPPA.
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Consumer Rights Under the CCPA/CPRA/DOPPA. The CCPA, CPRA, and DOPPA establish several
rights for you, the consumer. ClearCaptions does not sell your personal
information.
-
You have the right to submit a request for disclosure or deletion of the personal information that
ClearCaptions has collected about you. You may make such a request for
disclosure or deletion of personal information twice within any given 12-month
period. You may request that ClearCaptions disclose the categories of
information that it has collected about you, the specific pieces of information
that it has collected about you, or both. ClearCaptions will provide
responsive information for a period of 12 months preceding the date of your
request. ClearCaptions will provide this information to you within a period of
45 days from the date of your request. If needed, ClearCaptions may require up
to an additional 45 days to complete the request but will provide notice to you
of the need for the additional time prior to the expiration of the initial
45-day period.
In order to respond to your request for disclosure or
deletion, ClearCaptions will need to obtain enough information from you to
verify that yours is a valid and legitimate request. This provides
further protection for your personal information.
You also have the right to submit a request that
ClearCaptions delete the personal information it has collected about you.
There are several exceptions to the consumer’s right to deletion; namely,
ClearCaptions may retain your information despite your request for deletion if
ClearCaptions requires the information in order to do any of the following:
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(A) Complete the transaction for which the personal information was
collected;
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(B) Provide a good or service
requested by the consumer or reasonably anticipated within the context of a
business’s ongoing business relationship with the consumer;
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(C) Otherwise perform a contract between the business and the consumer;
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(D) Detect security incidents and
protect against “malicious, deceptive, fraudulent, or illegal activity;”
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(E) Use for internal debugging purposes or to repair software errors;
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(F) Exercise free speech, ensure the right of another consumer to exercise free speech, or any other right provided
by law;
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(G) Use the information to comply with
the California Electronic Communications Privacy Act;
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(H) Engage in research in the public
interest that follows all other privacy laws (with consumer consent);
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(I) Enable solely internal uses that
are reasonably aligned with the expectations of the consumer based on the
consumer’s relationship with the business;
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(J) Comply with a legal obligation; or
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(K) Otherwise use the information
internally in a lawful manner that is compatible with the context in which the
consumer provided the information.
ClearCaptions
offers consumers two distinct methods for submitting requests for disclosure or
deletion:
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Consumers may submit their request
by calling ClearCaptions’ toll-free number 866-868-8695.
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Consumers may submit their request online at clearcaptions.com/data-requests.
Submitting a verifiable consumer request does not require that you have an active
ClearCaptions account, nor are you required to create an account. As
previously stipulated, ClearCaptions will need to obtain enough information
from you to verify your request in protection of your information before
responding to your request.
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ClearCaptions will not discriminate against you for exercising your rights to disclosure or
deletion. Unless otherwise permitted by the CCPA/CPRA or other California law,
ClearCaptions will not deny you goods or services, charge you a different rate
for goods or services, provide you a different quality of goods or services, or
suggest that any aspect of your service will change if you exercise any of your
rights enumerated here.
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Categories of Information ClearCaptions Has Collected in the Past 12 Months, Including Sensitive Personal Information
Personally Identifiable Information
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Account Name
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Alias
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Date of Birth
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Email Address
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Legal Name
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Military or Veteran Status
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National Origin - Includes language use and possession of a driver’s license issued to persons unable to
provide their presence in the United States is authorized under federal law
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Postal Address
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Signature
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Social Security Number (Sensitive Personal Information)
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Unique Personal Identifier
Medical Information (Sensitive Personal Information)
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Health Insurance Information
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Medical Condition - Genetic
characteristics, cancer or a record or history of cancer
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Medical Information
Phone Network Information
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Commercial Information - Includes
records of personal property, products or services purchased, obtained, or
considered, or other purchasing or consuming histories or tendencies
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Geolocation Data (Sensitive Personal Information)
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Internet or other electronic
network activity information, including, but not limited to, browsing history,
search history, and info about a consumer’s interaction with a website,
application, or advertisement
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Online Identifier Internet Protocol Address
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Telephone Number
Right to Limit Use of Sensitive Personal Information
You have the right to direct us to limit our use of your Sensitive Personal Information, as defined by the CPRA, to that use which is necessary to perform our services or provide the goods reasonably expected by an average consumer of those services or goods, except as provided by law. To make such a request, please call us at the number listed in the section above or click on the link titled ”CCPA/CPRA/DOPPA” on our homepage.
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Disclosure to a Third Party: ClearCaptions does not sell consumer personal
information. ClearCaptions may provide a third party with certain personal
information in order to validate a consumer’s identity in connection with your application for service or as
required by law, limited to the following: full name, residential address (and
registered location/911 Address, if different), telephone number, last four
digits of the consumer’s Social Security Number, and date of birth.
19. TERM AND TERMINATION.
This Agreement takes effect upon your operation of
the ClearCaptions Products or Services and remains effective until termination
of the same. You may terminate this Agreement at any time by returning to us
the ClearCaptions Phone and destroying all copies of the Firmware and Documentation
in your possession (if not returned with the ClearCaptions Phone) or by
uninstalling the ClearCaptions Application.
This Agreement will also automatically terminate if you
fail to comply with any term or condition of this Agreement, provided that with
respect to your Telephone Number, you will receive written notice of such
termination and will be provided 14 days’ notice or such period as
identified on the notice we send to you. You agree on termination of this
Agreement to return the ClearCaptions Phone, including the Firmware and
Documentation, to us and to destroy any copies of the Firmware and/or
Documentation not returned, and to uninstall the ClearCaptions Application.
20. CONFIDENTIALITY.
ClearCaptions Products, Services, and the
intellectual property rights and proprietary know-how with respect thereto,
belong to us and it is being made available to you based upon your promise not
to reverse engineer or in any other way attempt to discover and/or disclose the
ClearCaptions Products’ proprietary information. YOU AGREE NOT TO DISCLOSE ANY
PROPRIETARY INFORMATION DERIVED FROM THE CLEARCAPTIONS PRODUCTS, INCLUDING, BUT
NOT LIMITED TO, THE CONSTRUCTION, COMPONENTS, ALGORITHMS, PROTOCOLS AND
INTERFACES OF THE CLEARCAPTIONS PRODUCTS.
21. WAIVER AND SEVERABILITY.
No waiver by us
of any term or condition set out in these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other
term or condition, and any failure of us to assert a right or provision under
these Terms of Use shall not constitute a waiver of such right or provision. If
any provision of these Terms of Use is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of this Agreement will continue in full force and
effect.
22. FORCE MAJEURE.
In no event will ClearCaptions be liable or
responsible to you, or be deemed to have defaulted under or breached this
Agreement, for any failure or delay in fulfilling or performing any term of
this Agreement, (except for any payment obligation), when and to the extent
such failure or delay is caused by any circumstances beyond ClearCaptions’
reasonable control (a “Force Majeure Event”), including acts of God, flood,
fire, earthquake or explosion, war, terrorism, invasion, riot or other civil
unrest, embargoes or blockades in effect on or after the date of this Agreement,
national or regional emergency, strikes, labor stoppages or slowdowns or other
industrial disturbances, passage of law or any action taken by a governmental
or public authority, including imposing an embargo, export or import
restriction, quota or other restriction or prohibition or any complete or
partial government shutdown, or national or regional shortage of adequate power
or telecommunications or transportation.
23. GENERAL PROVISIONS.
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Entire Agreement. This written Agreement, together with the Registration
Form, Self-Certification Form, Privacy Policy, Acceptable Use Policy and
Warranty Information included with the purchase of the ClearCaptions Phone
constitutes the exclusive agreement between you and us concerning the
ClearCaptions Products and Services and supersedes any and all prior oral or
written agreements, negotiations or other dealings between us concerning the
same. This Agreement may be modified by us at any
time and for any reason. We will alert you about any changes by updating the
“Last updated” date of this Agreement and we will provide you with specific
notices of material changes to this Agreement consistent with the terms of this
Agreement. It is your responsibility to periodically review this Agreement to
stay informed of updates. You will be subject to, and will be deemed to have
been made aware of and to have accepted, the changes in any revised Terms of
Service by your continued use of ClearCaptions Products and Services after the
date such revised Terms of Service are posted.
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Material Changes. In the event that we make a material change to this Agreement, such material
change will not become effective until thirty (30) days after we provide you
with notice of such material change. We will post material changes to this
Agreement to the following website: https://clearcaptions.com/terms/. We will
also provide specific notice to you by sending notice of the material changes
to this Agreement to the email we have on record for you or, if no valid email
is on file, to your ClearCaptions Endpoint(s), the postal addresses we have on
record for you, or by posting in your account portal. You must notify us that
you do not agree to any material changes prior to the expiration of the thirty
(30) day period in conformity with the process we define when alerting you to
such material change; otherwise, you will be deemed to have consented to the
material changes.
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Relationship of the Parties. The relationship
between the parties is that of independent contractors. Nothing contained in
this Agreement shall be construed as creating any agency, partnership, joint
venture or other form of joint enterprise, employment or fiduciary relationship
between the parties, and neither party shall have authority to contract for or
bind the other party in any manner whatsoever.
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Choice of Law and Attorneys’ Fees. This Agreement is governed by the laws
of the State of California without giving effect to any choice or conflict of
law’s provisions or rule (whether of the State of California or any other
jurisdiction) that would cause the application of the laws of any jurisdiction
other than those of the State of California. In the event of litigation between
you and us concerning the ClearCaptions Products or Services, or the terms and
conditions of this Agreement, the prevailing party in the litigation will be
entitled to recover attorneys’ fees and expenses from the other party.
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No Third Party Beneficiaries. Except for a party’s indemnification
obligations, this Agreement is for the sole benefit of the parties hereto and
their respective permitted successors and permitted assigns and nothing herein,
express or implied, is intended to or shall confer upon any other Person any
legal or equitable right, benefit or remedy of any nature whatsoever under or
by reason of this Agreement.
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Cumulative Remedies. The rights and
remedies under this Agreement are cumulative and are in addition to and not in
substitution for any other rights and remedies available at law or in equity or
otherwise.
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Interpretation. This Agreement shall be construed
without regard to any presumption or rule requiring construction or
interpretation against the party drafting an instrument or causing any
instrument to be drafted.
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Headings. The headings in this Agreement are for
reference only and shall not affect the interpretation of this Agreement.
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Exclusions. This Agreement shall not be governed or
controlled by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is hereby expressly excluded.
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Third Party Materials. Portions of the ClearCaptions Products and Services may
utilize other third-party components, software, services and other patented or copyrighted materials.
Acknowledgements, licensing terms and disclaimers for such materials are available upon written request,
directed as follows: ClearCaptions, Attn: ClearCaptions Customer Support, 3010 Lava Ridge Court, Suite 200, Roseville, CA 95661.
Your use of such material is governed by their respective terms and, to the extent that same is not prohibited by local
law in your jurisdiction, you agree to these terms by your use of the Products or Services.
ACCEPTABLE USE POLICY – CLEARCAPTIONS TELEPHONE NUMBER
AND MOBILE APPLICATION
ClearCaptions (“we” or “us”) has prepared this Acceptable
Use Policy (this “Policy”) to help you, our User, understand the intended
and permissible uses of our service, and to prevent exploitation, fraud, and
abuse of our Telephone Number and Mobile Application.
Capitalized terms used, but not otherwise defined, in this Policy have the
meanings given to them in our Terms of Service agreement, as set forth above
(“Agreement”).
ClearCaptions’ Telephone Number and
Mobile Application are intended for use in connection with the Internet
Protocol Captioned Telephone Service (“IP CTS”) that ClearCaptions provides,
which is a TRS product that provides captioning for telephone calls for
individuals with hearing loss. ClearCaptions offers its Telephone Number and
Mobile Application only to those individuals that are eligible to use
ClearCaptions’ IP CTS service and only for use on an individual’s Endpoints. Subject
to this Policy, ClearCaptions Telephone Number enables use of a VoIP service
that allows unlimited calling to and from landline and mobile telephone numbers
in the United States only. For a full list of calling plans, please visit www.clearcaptions.com. ClearCaptions reserves the right to change calling
plans available with ClearCaptions Telephone Number at any time. ClearCaptions’
Telephone Number and Mobile Application is intended for individual use only
in accordance with our Agreement, and is not transferable.
It is not permissible to use ClearCaptions Telephone
Number or Mobile Application in any way that is inconsistent
with individual use, including any of the following:
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By or for others who are not eligible IP CTS users;
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For telemarketing or operating a call center;
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For calling numbers (whether singly, sequentially, or
automatically) to generate income for yourself or others as a result of placing
the call, other than for your individual business communications;
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To resell the Telephone Number or Mobile
Application to others; or
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Without live dialog, including use as a monitor, intercom, or
for transcription purposes other than for eligible IP CTS calls.
Other practices may be
relevant in determining whether certain uses are permissible. For avoidance of
doubt, you are expressly permitted to use ClearCaptions Telephone Number or Mobile
Application, including but not limited to ClearCaptions
Phone, ClearCaptions Mobile Application, and Firmware, for captioning calls
within a workplace setting. ClearCaptions Telephone Number is NOT available
outside of the United States and the District of Columbia.
ClearCaptions reserves the right to take any unlawful,
prohibited, abnormal, or unusual activity into account in making its
determination. For instance, ClearCaptions may consider any of the following,
in combination or alone, when excessive:
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Unique numbers called;
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Call lengths;
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Frequency of call forwarding/transferring;
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Conference calling;
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Short duration calls;
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Number of calls made during a month;
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Number of calls made to a conference calling service during a month;
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Calls made during business hours;
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Number of calls terminated and re-initiated consecutively that,
in the aggregate, result in excessive call lengths during a specific time
frame; or
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Other calling patterns indicative of an attempt to evade the Agreement or
this Policy.
You may not use ClearCaptions’ Telephone Number or
Mobile Application in any way that is
illegal, fraudulent, improper, or inappropriate. You may not use any automated
means to manipulate our service or use our service to violate any law, rule,
regulation, or any third party’s intellectual property.
ClearCaptions may, at its option, review your account
and take further action, including action to terminate or suspend your Telephone Number or
Mobile Application use if it determines
you are using that Service contrary to this Policy or our Agreement. Where reasonable,
ClearCaptions will provide you with notice of improper usage before suspension
or termination of your service and, if appropriate, ClearCaptions may offer you
an alternative Service or Product.
Trademarks
©2023 ClearCaptions LLC. All rights reserved. ClearCaptions, the ClearCaptions logo, “the CC phone” icon, “WordsMatter.”, “blue” and “Get the whole conversation” are trademarks of ClearCaptions LLC. All other product or service names mentioned herein, are the trademarks or registered trademarks of their respective owners.
CLEARCAPTIONS PRIVACY POLICY
Privacy Policy
ClearCaptions developed the following privacy policy to demonstrate our commitment to privacy on the Internet. The following explains how we collect and use information about you and your use of our websites, products and services. Please review the below information. By entering our website or registering for and/or using our products and services you agree to the terms of this Privacy Policy and authorize ClearCaptions to disclose the information as described below.
Summary of Changes
ClearCaptions provides this summary of recent changes pursuant to its right to change the private policy ClearCaptions has incorporated a notice to Californian residents regarding ClearCaptions’ adherence to the California Consumer Privacy Act of 2018 (“CCPA”), the California Privacy Rights Act of 2020 (“CPRA”), and other California privacy laws. This privacy policy is also compliant with Delaware Online Privacy and Protection Act (“DOPPA”). Any terms defined in the CCPA/CPRA/DOPPA have the same meaning when used in this notice. Under the CCPA/CPRA and DOPPA consumers have the right to request deletion or disclosure of personal information collected by ClearCaptions, subject to certain restrictions. ClearCaptions does not sell the personal information it collects nor discriminate against customers who request such information be disclosed or deleted.
Collection of Information
Personally identifiable information (“Personal Information”) is information that can be used to identify or contact you. ClearCaptions generally collects Personal Information in two ways: (1) when you choose to use, register for, or purchase a service or product offered by ClearCaptions, or (2) when you choose to send an e-mail, fill out on-line forms, participate in surveys, or engage in other transactions or interactions with ClearCaptions. We also may collect non-personally identifiable information when you visit our ClearCaptions website(s), respond to e-mails or other informational communications, or register for or use the Web site, products or services of ClearCaptions.
In order to have access to certain ClearCaptions services, including without limitation caption relay services, you are required to complete an application or other registration form(s) and provide other information reasonably necessary for us to provide the products and/or services to you. Some examples of the type of information we collect in registration form(s) and when you use our products or services are: your name, your address(es) (i.e., physical location from where you access ClearCaptions services), your email address(es), your phone number(s), your IP address(es) and your usage of our services (including quantity, technical configuration, type, destination, location, and amount of use). In addition, FCC regulations require we collect your date of birth and last four digits of your Social Security number at registration.
Use of Cookies
ClearCaptions may place Internet “cookies” on user’s and visitors’ hard drives. Internet cookies save data about individual users and visitors, such as the person’s name, password, user-name, screen preferences, the pages of a site viewed by the visitor and the advertisements viewed or clicked by the user/visitor. When the user/visitor revisits ClearCaptions’ website, ClearCaptions may recognize the user/visitor by the Internet cookie and customize the experience accordingly. Users/Visitors may decline Internet cookies, if any, by using the appropriate feature of their web client software, if available.
Use of Personal Information Collected
We use the information we collect to provide you with our products and services and to respond to your questions. We also use the information for editorial and feedback purposes, for marketing and promotional purposes, to inform advertisers as to how many visitors have seen or clicked on their advertisements and to customize the content and layout of ClearCaptions’ site. We also use the information we collect for statistical analysis of users’ behavior, for product development, for content improvement, to ensure our products and services remain functioning and secure and to investigate and protect against any illegal activities or violations of our Terms of Service.
ClearCaptions may also use personal information in connection with federal or other legal requirements, such as responding to subpoena or court order, or providing information for purposes of emergency communications. Aggregate data on home servers may be used for internal purposes or provided to third parties such as advertisers. Individually identifying information, such as names, postal and email addresses, phone numbers and other personal information which visitors voluntarily provide to ClearCaptions may be (i) added to ClearCaptions’ databases and used for future calls and mailings regarding site updates, new products and services, upcoming events, and status of orders placed online, or (ii) provided to reputable third parties who provide products and services in support of ClearCaptions’ services.
Customer Proprietary Network Information (CPNI)
Customer Proprietary Network Information (CPNI) is information that ClearCaptions and other telecommunications relay service (TRS) providers obtain when providing customers with relay service. CPNI includes the types of relay a customer uses, the amount of relay calls made and the location of those calls.
ClearCaptions may use or disclose CPNI without further authorization from you under the following circumstances: to provide you with caption relay service and phones, to process 911 calls, for installation, maintenance and repair of our products and services, to offer you additional caption features and services of the type you already registered for with ClearCaptions, in response to legal requirements such as subpoena or court order, upon request from the FCC’s Telecommunications Relay Service Fund, to prevent fraud, abuse, or misuse of the service(s) and to protect the rights and property of ClearCaptions.
ClearCaptions may also use or disclose CPNI to other authorized companies to offer you products and services that may be different from the types of services you already use. Disclosure of CPNI does not equate to or translate to mean the sale of CPNI. ClearCaptions asks for your consent to do this during your registration process. At any time you may choose to opt out of this use of your CPNI for marketing purposes. Consumers have the right to deny any telecommunications relay service (TRS) provider the right to use, disclose or permit access to customer CPNI for certain marketing purposes, and TRS providers have a duty under federal law to honor the customer’s right and to protect the confidentiality of CPNI.
If you wish to restrict ClearCaptions’ use of your CPNI for marketing purposes, you may do the following: 1. Log in at www.clearcaptions.com; 2. Go to the Email & Password section of your User Profile; and 3. Uncheck the CPNI Opt-in checkbox. Alternatively, you may contact ClearCaptions Customer Care at 866-868-8695.
Your approval or denial for use of CPNI for these marketing purposes will not affect ClearCaptions’ provision of relay services to you; however, the lack of access to CPNI may prohibit ClearCaptions and its affiliates or authorized companies from offering you new and different services that may be of interest to you and tailored to your relay needs. Your approval or denial for use of CPNI outside of the service for which ClearCaptions and its affiliates are your default provider will stay in place until you change it.
Security Measures
ClearCaptions has implemented various security features to prevent the unauthorized release of or access to Personal Information. In particular, when a person registers, fills out an online form, or places an order on this site (if any) or accesses his or her account information (if any), ClearCaptions offers the person the ability to use a secure server. The secure server encrypts all information a visitor inputs before it is sent to ClearCaptions, and is also used to securely store personal information. Please be advised, however, that while ClearCaptions has endeavored to create a secure and reliable site for visitors, the confidentiality of any communication or material transmitted to/from ClearCaptions via this site or e-mail cannot be guaranteed. Accordingly, ClearCaptions is not responsible for the security of information transmitted via the Internet.
Disclosure of Personal Data to Third Parties
Any third party to which ClearCaptions shares otherwise discloses personal data will be under a contractual obligation to use the personal data for services which ClearCaptions determines, in its sole judgment, that visitors might find of interest. ClearCaptions will use its reasonable efforts to identify such third parties who may have services of interest to visitors to ClearCaptions’ site; however, such parties are independent third parties over which ClearCaptions exercises no control, and therefore ClearCaptions is not responsible for their conduct, products, or services, and will not be liable therefore. ClearCaptions will disclose to third parties only information in aggregate form, that is publicly available, and/or that is knowingly and voluntarily disclosed by visitors. If there are advertisements on ClearCaptions’ website or equipment, through the use of third party cookies, the advertiser(s) will be electronically notified when visitors view or click on its advertisements. ClearCaptions does not sell its consumers’ personal information.
Opt-Out Right and Access to and Ability to Correct Personal Data
Visitors may opt out of having their personal information collected by ClearCaptions, used by ClearCaptions for secondary purposes, disclosed to third parties or used by ClearCaptions or third parties to send promotional correspondences to the visitor, by contacting ClearCaptions via postal mail, email or telephone at the addresses below, or by checking the appropriate “opt-out” box. Upon request via postal mail, email or phone, ClearCaptions will provide to visitors a summary of any personal information retained by ClearCaptions regarding the visitor. Visitors may modify, correct, change or update their personal record or cause their personal record to be removed from ClearCaptions’ database. ClearCaptions will only send personal records to the email address on file for the visitor name associated with it.
Collection of Personal Data from Children
To the extent ClearCaptions is able to determine the age of users by their submissions to or communications with ClearCaptions’ website, ClearCaptions will not knowingly (i) collect or post information from individuals under the age of sixteen (“children”) without their parent’s or guardian’s consent, or (ii) provide any personally identifying information collected from children, regardless of its source, to any third party for any purpose whatsoever. No information collected through ClearCaptions’ website from users self-identified as children will knowingly be used for any marketing or promotional purposes whatsoever, either inside or outside ClearCaptions.
ClearCaptions’ Right to Contact User
ClearCaptions reserves the right to contact site visitors regarding account status and changes to the subscriber agreement, privacy policy, or any other policies or agreements relevant to site visitors.
California Online Privacy Protection Act Notice
ClearCaptions does not track consumer online activities over time and across third-party websites and therefore does not use “do not track” signals.
ClearCaptions does not authorize the collection of personally identifiable information by third parties about an individual consumer’s online activities over time and across different websites when a consumer uses the ClearCaptions website or service.
Privacy Notice to California Residents
This supplemental privacy notice applies to California residents (herein referred to as “you,” “the consumer,” or “California residents”) in order to comply with the California Consumer Privacy Act of 2018 (the “CCPA”), the California Privacy Rights Act of 2020 (“CPRA”), and other California privacy laws.
b) Consumer Rights Under the CCPA/CPRA/DOPPA.
The CCPA, CPRA, and DOPPA establish several rights for you, the consumer. ClearCaptions does not sell your personal information.
Right to Request Disclosure or Deletion of Personal Information
You have the right to submit a request for disclosure or deletion of the personal information that ClearCaptions has collected about you. You may make such a request for disclosure or deletion of personal information twice within any given 12-month period. You may request that ClearCaptions disclose the categories of information that it has collected about you, the specific pieces of information that it has collected about you, or both. ClearCaptions will provide responsive information for a period of 12 months preceding the date of your request. ClearCaptions will provide this information to you within a period of 45 days from the date of your request. If needed, ClearCaptions may require up to an additional 45 days to complete the request but will provide notice to you of the need for the additional time prior to the expiration of the initial 45-day period.
In order to respond to your request for disclosure or deletion, ClearCaptions will need to obtain enough information from you to verify that yours is a valid and legitimate request. This provides further protection for your personal information.
You also have the right to submit a request that ClearCaptions delete the personal information it has collected about you. There are several exceptions to the consumer’s right to deletion; namely, ClearCaptions may retain your information despite your request for deletion if ClearCaptions requires the information in order to do any of the following:
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(A) Complete the transaction for which the personal information was collected;
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(B) Provide a good or service requested by the consumer or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer;
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(C) Otherwise perform a contract between the business and the consumer;
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(D) Detect security incidents and protect against “malicious, deceptive, fraudulent, or illegal activity;”
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(E) Use for internal debugging purposes or to repair software errors;
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(F) Exercise free speech, ensure the right of another consumer to exercise free speech, or any other right provided by law;
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(G) Use the information to comply with the California Electronic Communications Privacy Act;
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(H) Engage in research in the public interest that follows all other privacy laws (with consumer consent);
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(I) Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business;
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(J) Comply with a legal obligation; or
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(K) Otherwise use the information internally in a lawful manner that is compatible with the context in which the consumer provided the information.
ClearCaptions offers consumers two distinct methods for submitting requests for disclosure or deletion:
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Consumers may submit their request by calling ClearCaptions’ toll-free number 866-868-8695 .
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Consumers may submit their request online at clearcaptions.com/data-requests.
Submitting a verifiable consumer request does not require that you have an active ClearCaptions account, nor are you required to create an account. As previously stipulated, ClearCaptions will need to obtain enough information from you to verify your request in protection of your information before responding to your request. Information that ClearCaptions may need from you to verify your request may include the following:
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Legal name;
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Email address;
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Phone number;
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Date of birth;
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Last four digits of your social security number; and
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Billing address.
Requests by an Authorized Agent
A California resident may use an authorized agent to submit a right to know request or a request to delete. To use an authorized agent to submit such a request, the California resident must provide the agent with written authorization. In addition, the California resident may be required to verify their own identity with ClearCaptions or to authenticate the agent’s authorization. ClearCaptions may deny a request from an agent that does not submit proof, including written authorization from the resident, that the agent has been authorized by the California resident to act on their behalf. However, such requirements will not apply where a California resident has provided the authorized agent with power of attorney pursuant to California Probate Code Sections 4000 to 4465.
Right to Not be Discriminated Against for Exercising the Rights to Disclosure or Deletion
ClearCaptions will not discriminate against you for exercising your rights to disclosure or deletion. Unless otherwise permitted by the CCPA/CPRA/DOPPA or other California or Delaware law, ClearCaptions will not deny you goods or services, charge you a different rate for goods or services, provide you a different quality of goods or services, or suggest that any aspect of your service will change if you exercise any of your rights enumerated here.
Categories of Information ClearCaptions Has Collected in the Past 12 Months, Including Sensitive Personal Information
Personally Identifiable Information
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Account Name
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Alias
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Date of Birth
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Email Address
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Legal Name
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Military or Veteran Status
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National Origin - Includes language use and possession of a driver’s license issued to persons unable to provide their presence in the United States is authorized under federal law
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Postal Address
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Signature
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Social Security Number (Sensitive Personal Information)
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Unique Personal Identifier
Medical Information - (Sensitive Personal Information)
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Health Insurance Information
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Medical Condition - Genetic characteristics, cancer or a record or history of cancer
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Medical Information
Phone Network Information
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Commercial Information - Includes records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
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Geolocation Data (Sensitive Personal Information)
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Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and info about a consumer’s interaction with a website, application, or advertisement
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Online Identifier Internet Protocol Address
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Telephone Number
Right to Limit Use of Sensitive Personal Information
You have the right to direct us to limit our use of your sensitive personal information, as defined by the CPRA, to that use which is necessary to perform our services or provide the goods reasonably expected by an average consumer of those services or goods, except as provided by law. To make such a request, please call us at the number listed in the section above or click on the link titled ”CCPA/CPRA/DOPPA” on our homepage.
Disclosure of Personal Information to Third Parties
ClearCaptions may provide your information, including your identity, to Authorities and Third Parties as explained in this section. First, to validate your identity, ClearCaptions may provide a Third Party the following personally identifiable information: full name, residential address (and registered location/911 Address, if different), telephone number, last four digits of your Social Security Number, and date of birth. Second, if we believe that you have used the ClearCaptions Endpoints or related Services for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities and third parties. In addition, you hereby agree that we may disclose your name, telephone number, credit card information and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, IP address, email address, registered 911 address, automatic locations information, other data related to location and all other account information, as follows: (a) in response to law enforcement or other governmental agency request; (b) as required by law, regulation, rule, subpoena, search warrant, or court order as we determine and subject to our sole discretion; (c) as necessary to identify, contact, or bring legal action against someone who may be misusing the Products, Software or the Services; (d) to protect ClearCaptions’ rights and property; or (e) in emergency situations where we reasonably believe that disclosure of such information is necessary to protect ClearCaptions customers, you or third parties from imminent harm.
ClearCaptions does not sell personal information. However, in the event that ClearCaptions is considering a sale, partial or complete, asset transfer, partial or complete, or other financing matter, ClearCaptions would make any and all necessary disclosures to you before certain information we possess concerning you may be accessed, disclosed, and/or processed by third parties. Such third party access would be governed by a written agreement that limits such access, disclosure, and processing.
ClearCaptions’ Right to Change Privacy Policy
The foregoing policy is effective as of January 2023. ClearCaptions reserves the right to change this policy at any time by notifying visitors of the existence and location of the new or revised privacy policy. Changes to the policy will be posted to this page, and if changes are significant a summary of the changes will be posted at the beginning of the policy. By entering the ClearCaptions website and by continuing to use our services, you are accepting all terms and conditions outlined in the above ClearCaptions Privacy Policy.
If you have any questions about this policy, you may contact us via email at compliance@clearcaptions.com or via regular mail to the attention of ClearCaptions Compliance/Legal Department, 3010 Lava Ridge Ct. Ste. 200, Roseville, CA 95661.
Trademarks
©2023 ClearCaptions LLC. All rights reserved. ClearCaptions, the ClearCaptions logo, “the CC phone” icon, “WordsMatter.”, “blue” and “Get the whole conversation” are trademarks of ClearCaptions LLC. All other product or service names mentioned herein, are the trademarks or registered trademarks of their respective owners