Z Product Agreement
Thank you for ordering a Z phone from ZVRS. We at ZVRS hope you will enjoy your use of your Z product. If you have any problems with your Z product, you can contact our Customer Care Staff by calling help.zvrs.tv or 866.932.7891 through your Z phone or you can email us email@example.com. In return, we ask that you (1) provide us with some general information about yourself and permit us to contact you from time to time to provide you information about our services and ask you for feedback on your particular Z product; (2) promise not to transfer your phone to someone else; and (3) promise not to tamper with your Z phone, or to let anyone else tamper with it. We hope you enjoy the ability to use your Z phone to communicate with deaf, hard of hearing, and/or hearing people anytime you want. This Agreement shall be deemed effective as of the date on which your Z product is installed and/or the date you first use your Z phone, whichever comes first. By using a Z product, you expressly warrant and represent that you have the authority and right to enter into this Agreement and agree to all of the terms and conditions contained herein.
In this Agreement, the following words shall have the following meanings:
A. “Customer” shall mean the purchaser/user of The Z® under this Agreement.
B. “ZVRS” shall mean CSDVRS, LLC and its employees, independent contractors, and affiliated entities authorized to provide Customer with Z products under this Agreement.
C. A “Video Relay Service” or “VRS” is a service which enables a user who is deaf, hard of hearing, or speech-disabled and who uses American Sign Language (“ASL”) to communicate with a standard voice telephone user through video equipment installed at the ASL user’s location and at the video interpreter’s location.
D. “The Z®”, “Z product”, “Z phone”, or “Z” shall mean any Z-labeled ZVRS telecommunications device and/or telecommunication device accessory (to wit the Z-20, the Z-340, the Z-Ojo, the Z-150, the Firefly, the Z4 or the Z5) including the features and functionalities of the particular Z product.
2. General Terms and Conditions
A. Customer represents and warrants to ZVRS that:
(i) Customer is deaf or hard of hearing;
(ii) Customer has purchased the Z product solely for Customer’s own personal use;
(iii) Customer will not disassemble or in any way reverse-engineer the Z product; and
(iv) Customer will not re-sell or transfer the Z product under any circumstances.
B. Although ZVRS hopes that Customer will enjoy using the Z phone, Customer’s decision to order a Z phone does not create any obligation to make any Video Relay Service calls. However, Customer is free to make calls to and receive calls from any Video Relay Service provider over the Z. Customer also is free to use the Z to connect to any other deaf user. The Z has been designed as part of the ZVRS solution. When Customer uses the Z to connect to ZVRS’s Video Relay Service, Customer will reach a ZVRS authorized interpreter. This enables ZVRS to assure service quality and confidentiality. If Customer chooses to use the Z with another Video Relay Service provider that does not use ZVRS videophones or services, ZVRS cannot ensure the quality of service or video clarity of those calls.
C. Customer acknowledges that the Z product is being provided to Customer at a substantial discount due to the fact that the purchase price has been subsidized by ZVRS. Accordingly, Customer agrees that Customer will not sell, lease, or otherwise transfer possession of the Z phone to any other person or entity or otherwise allow any other person or entity (other than other deaf individuals who may, very infrequently, use the Z phone to make a call) to use the Z phone without the written consent of ZVRS (which consent may be withheld in its sole discretion). Customer acknowledges that ZVRS will disable the Z phone and render it unusable and charge Customer a minimum of $250 as a recovery fee in the event that ZVRS determines that the Z phone has been sold, leased or transferred or is otherwise being used in violation of this provision. Customer also acknowledges that ZVRS has the option to re-acquire the Z phone in the event that it has been sold, leased, or transferred, or is otherwise being used in violation of this Agreement. ZVRS further reserves the right to pursue any and all other remedies available at law or in equity in the event of any unauthorized transfer of the Z phone or other violation of this agreement.
D. You have the right to port the local ten-digit number(s) assigned by ZVRS to the Z phone to a default provider other than ZVRS. Please note, if you port within 12 months of receiving the Z phone the local ten-digit number assigned to a Z-20 which was obtained through a special offer to port from a default provider other than ZVRS , you will owe ZVRS an Early Termination Fee, or “ETF,” of $495. That ETF decreases after 12 months in the following manner: if you port more than 12 months but less than 15 months after receiving the Z phone, the ETF is reduced to $200; if you port after the period described in the previous clause but less than 18 months after receiving the Z phone, the ETF is reduced to $150; if you port after the period described in the previous clause but less than 21 months after receiving the Z phone, the ETF is reduced to $100; if you port after the period described in the previous clause but less than 24 months after receiving the Z phone, the ETF is reduced to $50; if you port after 24 months, you do not owe an ETF. You may also return the un-damaged Z phone to ZVRS instead of paying the ETF. To initiate the return of the Z phone to avoid paying an ETF, you can email firstname.lastname@example.org or place a point-to-point call to 866.932.7891. If you fail to pay the ETF or return the Z phone, ZVRS reserves the right to take legal action and/or disable the Z phone.
E. Customer agrees not to use the Z product for any abusive, pornographic, lewd, obscene, harassing, fraudulent, or unlawful purposes and not to use the Z phone in a way that interferes with ZVRS’s ability to provide VRS products or services to Customer or other customers. ZVRS shall have the right to immediately terminate, suspend, restrict, or cancel Customer’s use of the Z phone without advance notice in the event that ZVRS becomes aware that Customer is or may be breaching the prohibitions of this paragraph.
F. Further, ZVRS reserves the right to investigate any abusive, pornographic, lewd, obscene, harassing, fraudulent, or unlawful use or access of the Z product or breach of this Agreement and to seek reimbursement and damages, and ZVRS will not be liable for any cost or damage arising either directly or indirectly from Customer’s use or misuse of the Z product. Further, ZVRS reserves the right to assure itself that Customer’s use of the Z phone does not violate the terms and conditions of this Agreement and to terminate this Agreement and repossess the Z phone immediately in the event of any violation.
G. VRS through ZVRS may not be available at all times due to unforeseen interruptions, and/or technical problems. Further, all interpreters provided in conjunction with the video relay services of ZVRS may not always be available at all times and Customer has no right to be provided access to any particular interpreter nor to become privy to the identity of any interpreters. Customer may, however, express a preference for the gender of the interpreter when a call is initiated or, if a transfer occurs, at the time the call is transferred to another interpreter, and ZVRS will make an effort to honor such a request.
H. Calls made through ZVRS are confidential. ZVRS will not disclose any information from Customer’s conversations, and will not keep any records of the conversations’ content, other than as necessary to provide video mail service. ZVRS has implemented technology and security features and strict policy guidelines to safeguard the privacy of Customer’s video relay calls and any customer-identifiable information from unauthorized access or improper use.
I. Customer understands and hereby acknowledges that Customer’s use of the Z phone requires that Customer’s voice and/or image may be recorded and transmitted over the Internet. Customer further understands that due to the nature of the Internet, any privacy right, copyright or other right or interest in Customer’s voice, image or likeness may be lost with respect to any specific transmission as a result of such transmission. Customer authorizes and specifically grants permission to ZVRS to record and transmit Customer’s voice, likeness and/or image over the Internet solely for the purpose of use of VRS interpretation services, and further releases and agrees to hold ZVRS harmless from any and all responsibility for any such loss of rights and/or interests resulting from transmission of Customer’s voice, image and/or likeness over the Internet. The foregoing shall not be construed as consent to the use of Customer’s voice, image or likeness for purposes other than use of VRS. Except for the authorization and permission specifically granted to ZVRS in this Agreement, Customer reserves all right, title and interest in and to any and all forms of Customer’s voice, image or likeness. Customer agrees to use or facilitate the use of the voice, image, and/or likeness of the ZVRS VRS interpreter in any way other than for the lawful use of the Z product for the purposes intended by ZVRS for performance of its VRS interpretation services. ZVRS shall have the right to immediately terminate, suspend, restrict, or cancel Customer’s use of the Z phone without advance notice in the event that ZVRS becomes aware that Customer is or may be breaching the prohibitions of this paragraph.
J. ZVRS has provided important advisories about dialing emergency (“911”) calls and the criticalness of Customers keeping their Registered Location information updated to get assistance in response to an emergency call. To access those advisories, please visit ZVRS’ website at: http://www.zvrs.com/about-us/fcc.
Customer agrees that ZVRS shall not be responsible or liable for any claims or causes of action that arise from Customer’s use of the Z product. Further, Customer agrees to indemnify and hold ZVRS and its members, managers, officers, employees, agents, and affiliated entities harmless for all costs, fees, expenses, and damages of any nature whatsoever related to any such claims, including court and arbitration costs, attorneys’ fees, and the costs of other professionals, unless such claims are solely based on ZVRS’s willful misconduct. This provision will continue to apply after this Agreement ends.
4. Limitations of Liability
In no event shall ZVRS be liable for punitive, reliance, or special damages, or for indirect or consequential damages, including but not limited to lost profits or revenue or increased costs of operation. These limitations apply even if the damages are foreseeable or ZVRS is told they are possible, and they apply to any negligence claim that does not involve willful misconduct or intentional misconduct no matter how that claim is styled or on what legal grounds (such as contract, tort, statute, misrepresentation), it is based on. ZVRS will be liable for no more than the amount of direct damages to the person or property.
ZVRS warrants that the Z phone will be fully functional for video relay services in the United States. ZVRS will assist the customer in any manufacturer’s warranty claims for the Z phone, and will further offer an after-market lifetime warranty on the Z phone. To the extent possible, and subject to availability, ZVRS will replace or repair any non-functioning Z phone upon Customer’s request. Customer understands that ZVRS may either repair the non-functioning Z phone, or replace it with either a new or factory reconditioned unit. Customer further understands that ZVRS may refuse to honor the Z phone warranty if the non-functionality of the equipment is through the fault of the Customer or an act of God. Nothing in this hardware warranty shall otherwise limit or exclude any warranty disclaimers contained in this Agreement. This Section 5 of the Agreement will continue to apply after the Agreement ends.
A. Acts Beyond ZVRS’s Control. ZVRS will not be responsible to Customer for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, terrorism, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond ZVRS’s reasonable control.
B. Assignment. Customer may not assign this Agreement or Customer’s right to use the Z phone without the prior written consent of ZVRS (which may be withheld in its sole discretion).
C. Entire Agreement. This Agreement constitutes the entire agreement between Customer and ZVRS and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral, regarding the Z product. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither Customer nor ZVRS is relying on any representations or statements by the other party or any other person that are not included in this Agreement.
D. Governing Law. This Agreement will be governed by the law of the State of Florida, without regard to its choice of law rules. This governing law provision applies no matter where Customer resides, or where Customers uses or pays for the Z product.
E. No Third Party Rights. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
F. Notices. Notices from Customer to ZVRS must be provided as follows: ZVRS, 600 Cleveland Street, Suite 1000, Clearwater, Florida 33755. ZVRS’ notice to Customer, to the extent applicable, may be made by a posting on our web site, newspaper ad, postcard, letter, call to Customer’s billed telephone number, or an e-mail to an address provided by Customer to ZVRS.
G. Remedies. Customer agrees that, in the event Customer breaches, or threatens to breach, any term or condition of this Agreement, ZVRS shall immediately be entitled to seek all remedies available to it, at law and in equity. In the event that it becomes necessary for ZVRS to seek injunctive relief, ZVRS shall not be required to post a bond or other security.
H. Severability. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
This Section 6 of the Agreement will continue to apply after the Agreement ends. This Agreement shall be deemed effective as of the date that the Z phone is installed and/or the date Customer first uses the Z, whichever comes first. By using the Z phone, Customer expressly warrants and represents that Customer has the authority and right to enter into this Agreement and agrees to all of the terms and conditions contained herein. In the event Customer does not agree to all of the terms and conditions contained herein, Customer shall immediately return the Z phone to ZVRS.
The installation and use of the Z phone certifies that Customer has fully read and understands the terms of this product agreement. Customer understands that the installation, use, and continued functionality of the products identified in this agreement are contingent upon Customer agreeing to and abiding by the provisions contained herein.