A. "Customer” shall mean the purchaser/user of The Z™ under this Agreement.

B. "CSDVRS” 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”, or "Z phone" shall mean any Z-labeled CSDVRS telecommunications device (to wit the Z-340, the Z-Ojo, the Z-150, or the Z4) including the features and functionalities of the particular Z product. 

A. Customer represents and warrants to CSDVRS that:

B. Although CSDVRS 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 phone. Customer also is free to use the Z phone to connect to any other deaf user. The Z phone has been designed as part of the CSDVRS solution. When Customer uses the Z phone to connect to CSDVRS’s Video Relay Service, Customer will reach a CSDVRS authorized interpreter. This enables CSDVRS to assure service quality and confidentiality. If Customer chooses to use the Z phone with another Video Relay Service provider that does not use CSDVRS videophones or services, CSDVRS cannot ensure the quality of service or video clarity of those calls.

C.  Customer acknowledges that the Z product is being sold to Customer at a substantial discount due to the fact that the purchase price has been subsidized by CSDVRS. 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 CSDVRS (which consent may be withheld in its sole discretion). Customer acknowledges that CSDVRS will disable the Z phone and render it unusable and charge Customer a minimum of $250 as a recovery fee in the event that CSDVRS 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 CSDVRS 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. CSDVRS 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.   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 CSDVRS’s ability to provide VRS products or services to Customer or other customers. CSDVRS 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 CSDVRS becomes aware that Customer is or may be breaching the prohibitions of this paragraph.

F.  VRS through CSDVRS may not be available at all times due to unforeseen interruptions, and/or technical problems. Further, all interpreters provided in conjunction with the relay services of CSDVRS 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 CSDVRS will make an effort to honor such a request. 

G. Calls made through CSDVRS are confidential. CSDVRS 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. CSDVRS 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.

H. 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 CSDVRS 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 CSDVRS 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 CSDVRS 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 CSDVRS interpreter in any way other than for the lawful use of the Z product for the purposes intended by CSDVRS for performance of its VRS interpretation services. CSDVRS shall have the right to immediately terminate, suspend, restrict, or cancel Customer’s use of the Z product without advance notice in the event that CSDVRS becomes aware that Customer is or may be breaching the prohibitions of this paragraph.

In no event shall CSDVRS 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 CSDVRS 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. CSDVRS will be liable for no more than the amount of direct damages to the person or property.

B. Assignment. Customer may not assign this Agreement or Customer’s right to use the Z phone without the prior written consent of CSDVRS (which may be withheld in its sole discretion).

C. Entire Agreement. This Agreement constitutes the entire agreement between Customer and CSDVRS 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 CSDVRS is relying on any representations or statements by the other party or any other person that are not included in this Agreement.

F. Notices. Notices from Customer to CSDVRS must be provided as follows: CSDVRS, 600 Cleveland Street, Suite 1000, Clearwater, Florida 33755. CSDVRS’s notice to Customer, to the extent applicable, may be made by a posting on our website, newspaper ad, postcard, letter, call to Customer’s billed telephone number, or an email to an address provided by Customer to CSDVRS.

G. Remedies. Customer agrees that, in the event Customer breaches, or threatens to breach, any term or condition of this Agreement, CSDVRS shall immediately be entitled to seek all remedies available to it, at law and in equity. In the event that it becomes necessary for CSDVRS to seek injunctive relief, CSDVRS 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.