9-1-1 PROVISIONS INCLUDED IN GENESYS LABORATORIES CANADA INC.(“GENESYS”) TERMS OF SERVICEADVISORY REGARDING 911 DIALING AND LIMITATIONS OF SERVICE: THIS SECTIONCONTAINS IMPORTANT PROVISIONS, INCLUDING THOSE REGARDING GENESYS’S 9-1-1SERVICE CAPABILITIESIn order to subscribe to the Genesys VoIP services, you must review this Advisory carefully andprovide your electronic signature at the end of it. By providing your electronic signature, youacknowledge that you have received and understand this Advisory and that you agree to the termsand conditions stated herein.Description: VoIP services allow you to make or receive telephone calls over the Internet to or fromthe public switched telephone network. The nature of VoIP telephone calls, while appearing similarto traditional telephone calling services, create unique limitations and circumstances, and youacknowledge and agree that differences exist between traditional telephone service and VoIPtelephone services, including the lack of traditional 9-1-1 emergency services.9-1-1 service: Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1through your VoIP service will be handled differently than traditional phone service. The followingprovisions describe the differences and limitations of 9-1-1 emergency calls, and you herebyacknowledge and understand the differences between traditional 9-1-1 service and VoIP calls withrespect to 9-1-1 calls placed to emergency services from your account as described below.Placing 9-1-1 calls: Due to the limitations of the VoIP telephone services, your 9-1-1 call may berouted differently from 9-1-1 calls made using traditional telephone service. When a 9-1-1emergency call is made, the VoIP service will attempt to automatically route the 9-1-1 call through athird-party service provider, or call center, that will then route the call to a Public Safety AnsweringPoint (“PSAP”) based on registered address information corresponding to your address of record onyour account. For example, your call may be forwarded to a third-party specialized call centre thathandles emergency calls. This third-party service provider is different from the PSAP that wouldanswer a traditional 9-1-1 call which has access to automatically generated end-user addressinformation. Consequently, you may be required to you may be required to provide your name,address, and telephone number to the call centre, and you must be prepared to do so.
How your information is provided: The VoIP service will attempt to automatically provide thePSAP dispatcher or emergency service operator with the name, address and telephone numberassociated with your account. However, for technical reasons, the dispatcher receiving the call maynot be able to capture or retain your name, phone number or physical location. Therefore, whenmaking a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or thelocation of the emergency, if different). If you are unable to speak, the dispatcher may not be able tolocate you if your location information is not up to date.Correctness of information: You are solely responsible for providing and maintaining correctcontact information (including name, residential address and telephone number) for your accountwith Genesys. If you do not correctly identify the actual location where you are located, or if youraccount information has recently changed or has otherwise not been updated, 9-1-1 calls may bemisdirected to an incorrect emergency response site. IF THE PHYSICAL ADDRESS OF YOURVOIP PHONE(S) IS NOT ACCURATE, EMERGENCY SERVICES WILL NOT BE ABLE TOLOCATE YOU IN THE EVENT YOU ARE UNABLE TO SPEAK YOUR ADDRESS OR AREDISCONNECTED DURING A 9-1-1 CALL (EVEN WHEN SERVICE IS AVAILABLE). YOUR CALLMAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER.Disconnections: You must not disconnect the 9-1-1 emergency call until told to do so by thedispatcher, as the dispatcher may not have your number or contact information. If you areinadvertently disconnected, you must call back immediately.Connection time: For technical reasons, including network congestion, it is possible that a 9-1-1emergency call will produce a busy signal or will take longer to connect when compared withtraditional 9-1-1 calls.9-1-1 calls may not function: For technical reasons, the functionality of 9-1-1 VoIP emergencycalls may cease or be curtailed in various circumstances, including, but not limited to:Failure of service or your service access device - if your system access equipment failsor is not configured correctly, or if your VoIP service is not functioning correctly for anyreason, including power outages, VoIP service outage, suspension or disconnection ofyour service due to billing issues, network or Internet congestion, or network or Internetoutage in the event of a power, network or Internet outage; you may need to reset orreconfigure the system access equipment before being able to use the VoIP service,including for 9-1-1 emergency calls; and changing locations - if you move your systemaccess equipment to a location other than that described in your account information orotherwise on record with Genesys. A customer may be using VoIP service withGenesys at a remote site (for example, a customer or a customer’s employee worksfrom home or from a location other than the registered location for the customer’s VoIP
service) or may be using a VoIP telephone at a location other than the registeredlocation associated with the telephone.Alternate services: If you are not comfortable with the limitations of 9-1-1 emergency calls,Genesys recommends that you consider an alternate means for accessing traditional 9-1-1emergency services. As a backup, you should strongly consider obtaining a PSTN connection fromthe local exchange carrier or similar provider.Customer Responsibilities: You agree to a) ensure your contact and address information on filewith Genesys is always accurate and kept up to date; b) to notify any user or potential users of yourVoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services asdescribed herein; and, c) to display the current address and telephone number in a manner that willenable any user or potential users of your VoIP services to communicate the information during a 9-11 call. In accordance with the foregoing customer responsibilities, you must download, print, andapply the 9-1-1 warning labels found at this webpage: http://help.mypurecloud.com/?p 58229. Inaddition or alternatively, at its discretion, Genesys may provide you with hard-copies of such labels.Whether you download them or hard copies are provided, these labels serve to notify users that the9-1-1 service may be limited or not available, and, upon receipt, you are required to promptly placethese labels on or near each piece of equipment used in connection with the Genesys VoIP services.Without limiting other indemnification obligations in these terms of service, you agree to indemnify andhold Genesys, its officers, directors, employees, suppliers and agents harmless from any and all thirdparty claims or actions arising out of any misrouted, blocked and/or delayed 9-1-1 emergency callsmade using Genesys’s VoIP services.Liability: Customers are advised to review this section with respect to Genesys’s limitations ofliability. The parties agree that Genesys shall in no event be liable to you or any other person for anydirect, indirect, consequential, special, incidental, reliance or punitive damages, or for any lost profitsof any kind or nature whatsoever, regardless of the foreseeability thereof, arising out of the provisionof service or in any way arising out of these terms of 9-1-1 service and any related agreements,whether in an action arising out of breach of contract, breach of warranty, delay, negligence, stricttort liability, patent or intellectual property matters or any other legal or equitable theory. However, inthe event a court of competent jurisdiction finds Genesys liable, your exclusive remedy andGenesys’s sole liability for damages to you for any cause whatsoever regardless of form of action,including negligence, shall be for direct damages only and shall not exceed an amount equivalent tothe ordinary price of the relevant service purchased for one (1) month (to be determined as anaverage of billings in respect of such service over the closest previous three months in which therewere no such problems or defects in the service). No action or proceeding against Genesys may becommenced more than one (1) year after the event giving rise to such claim. The provisions of thissection shall survive termination of these terms of service.
Without limiting the generality of the foregoing, Genesys is not liable to you, any other user or otherperson for damages resulting from: any act or omission of any third party (including any other local telephone company, anyconnecting carrier or underlying carrier or other provider of connections, facilities, orservice);a user's conduct, acts or omissions, or the operation or failure of your equipment orfacilities;any event beyond the reasonable control of Genesys, including acts of God, inclementweather including but not limited to lightning, labour disputes, riots or civil disputes, war orarmed conflict, any law, governmental order, decision or regulation, or order of any court ofcompetent jurisdiction;Genesys’s failure, for any reason, to activate or have readily available service on theactivation or usage date requested by or conveyed to or by you;service interruptions, delays in communications, errors or defects in transmissions, orfailures or defects in Genesys services or facilities;any corrupted data, files or viruses which affect you or Internet service. It is your soleresponsibility to safeguard your system, through appropriate means (for example, usingcommercially available software), from theft, unauthorized use or system corruption.Any detriment caused to the network of Genesys or its suppliers as a result of yourfailure to properly secure your system may result in the immediate cancellation of yourGenesys service; orany claims or damages relating to home networking or the use of a modem, even if thehome networking or modem is installed, maintained or supported by Genesys. Youacknowledge and understand that when using home networking or a service modem,there are certain inherent risks (e.g., other users may gain access to your system oryour services and accounts).You agree that you will use the services only for lawful purposes. You acknowledge that Genesysmay terminate VoIP service immediately, without any notice and without any liability to youwhatsoever, if, at the sole and unfettered discretion of Genesys, you or any other user of the servicesprovided to you misuses or permits others to misuse or abuse any service for purposes that arecontrary to law or contrary to these terms of service, or in order to preserve the integrity of Genesys’snetwork, or to comply with any applicable laws, regulatory orders or tariffs. You acknowledge andagree that you shall be liable for any and all use of the services associated with your account or yourtelephone number, and you remain solely responsible for all use of service ordered or billed to yourtelephone number(s), including any unauthorized use, and for determining who is authorized to usethe services in your place, and for promptly notifying Genesys of any unauthorized use. You agree toindemnify and hold harmless Genesys against any and all fees, charges, damages, liability, costs andexpenses (including reasonable legal counsel fees, as applicable) associated with such use.In subscribing for the Genesys VoIP services, you obtain no proprietary right or interest in, anyparticular facility, service, equipment, telephone number or code associated with the services (except
as mandated by the CRTC in respect to telephone number porting where available). Genesys willnotify you if it decides to change or re-assign any telephone number assigned to you.Agreement and Acknowledgement of Receipt: I agree that the limitations of the 9-1-1 servicethrough the Genesys VoIP services have been fairly and accurately described to me, and Iacknowledge these limitations and understand that 9-1-1 service may become limited or unavailablethrough the Genesys VoIP Services. I acknowledge my receipt and understanding of this Advisoryand agree to the terms and conditions stated herein.Electronic Signature:Date:Release of Liability: By using the Genesys VoIP services, you acknowledge and agree to abide bythe above terms and conditions and assume all risks, known and unknown, foreseeable andunforeseeable, in any way connected with the VoIP services and/or the 9-1-1 service. You releaseGenesys, its affiliates and subsidiaries, along with their directors, officers, employees, agents,successors, and assigns, and/or its licensors and suppliers (collectively, "Representatives") from anyand all liability for, and waive any and all claims for injury, loss, or damage, including attorneys' fees,in any way connected with VoIP services and/or the 9-1-1 service, whether or not caused in whole orin part by the negligence or other misconduct of Genesys or its Representatives (a "Claim"). Youfurther agree to indemnify and hold harmless (in other words, to reimburse and be responsible for)Genesys and its Representatives from all claims for any liability, injury, loss, damage, or expense,including attorneys' fees (including the cost of defending any Claim) in any way connected with orarising out of your use of VoIP services and/or the 9-1-1 service, whether or not caused in whole or inpart by the negligence or other misconduct of Genesys or any of its Representatives.Electronic Signature:Date:
VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein; and, c) to display the current address and telephone number in a manner that will enable any user or potential users of your VoIP services