In the event that you use GraciasVRS's IP-based Relay Services to make a 911 call, GraciasVRS is not liable for any claim, damage or loss arising from your use of its IP-based Relay Services to facilitate that call. Specifically, GraciasVRS is not liable in tort, contract, or otherwise for any personal injury, property damage, or death arising out of or related to use of its IP-based Relay Services to make a 911 call, or the provision of any IP-based, video remote, or in-person interpreting services incidental to or in conjunction with such a call, including but not limited to an act or omission involving (1) the development, design, installation, operation, maintenance, performance, or provision of any equipment or facility that permits you to use GraciasVRS's IP-based Relay Services, or any IP-based, video remote, or in-person interpreting services provided in connection with a 911 call or the provision of emergency services; (2) misinterpretation, mistakes, interruptions, delays, transmission errors, network outages, failures, defects, technical difficulties, acts of God, or other occurrences, regardless of the source of the occurrence, that may arise in the course of transmitting or handling 911 calls or providing emergency services; and (3) release to a public safety answering point, designated statewide default answering point, appropriate local emergency authority, emergency medical service provider or emergency dispatch provider, public safety, fire service or law enforcement official, or hospital emergency or trauma care facility of user information related to 911 calls or the provision of emergency services. In addition, GraciasVRS is not liable for any damages arising from your failure to provide GraciasVRS an accurate, up-to-date Registered Location. For information about how to update your Registered Location, please refer to the Advisory section above.

Furthermore, consistent with Federal law, GraciasVRS in its role as an emergency communications service provider, shall have immunity or other protection from liability in a State of a scope and extent that is not less than the scope and extent of immunity or other protection from liability accorded any local exchange company under Federal and applicable State law (whether through statute, judicial decision, tariffs filed by such local exchange company, or otherwise).

NOTICE OF LIMITATIONS FOR 911 CALLS.

Even though you have selected GraciasVRS as your default provider, you may make and receive relay service calls, including 911 calls, using any provider. If, however, you have chosen GraciasVRS as your default provider but place a 911 call through an IP-based relay provider other than GraciasVRS, GraciasVRS will have no control over the manner in which the other provider will handle, process, or route the call. GraciasVRS thus cannot ensure that the other provider will handle the call in accordance with the FCC's emergency calling rules or that the call and your location will be automatically routed to the appropriate emergency personnel.

If you use GraciasVRS's IP-based Relay Services to place a 911 call, you should be aware that any such use is subject to significant limitations and risks. First, GraciasVRS may not automatically be able to obtain your location information or route your call to the appropriate emergency personnel if (i) you use GraciasVRS's IP-based Relay Services to place a 911 call, and you have not provided GraciasVRS an up-to-date Registered Location; (ii) you have not chosen GraciasVRS as your default provider; or (iii) your Registered Location is not served by the Wireline E911 network or is not available to GraciasVRS. Furthermore, in these circumstances, if you are incapacitated or otherwise unable or unwilling to give the GraciasVRS interpreter your address, GraciasVRS may not be able to obtain your location information and give it to appropriate emergency personnel, although GraciasVRS will use its best efforts to do so.

Second, even if you have provided GraciasVRS an up-to-date Registered Location, it can take several hours or, in some cases (e.g., if there is an error in your Registered Location), longer to activate 911 service at this address. If you place a 911 call from an address before activation of 911 services for that address, GraciasVRS may not automatically be able to obtain your location information and/or route your call to the appropriate emergency personnel.

Third, you may not be able to place a 911 call if equipment provided to or used by you fails to function.

Fourth, you may not be able to use GraciasVRS's IP-based Relay Services to place a 911 call if an act beyond our control (including an act of God) has occurred, including one or more of the following:

• a broadband network outage or power outage has occurred, or Internet service has been degraded for another reason, including congestion, interruptions, or technical problems that may affect your ability to access the Internet
• your broadband or ISP service has been cancelled, suspended or terminated for any reason (including for failure to pay or other reasons); or
• Your use of relay service equipment has been terminated, suspended, restricted, or cancelled, or such equipment has been disabled.

Finally, 911/E911 is only available for a call placed from a location within the United States or one of its territories or possessions.

GraciasVRS will not be liable for any cost or damage arising either directly or indirectly from (i) your failure to observe the limitations expressed in this Disclaimer, including your use or misuse of GraciasVRS's IP-based Relay Services, or (ii) GraciasVRS's termination, suspension, restriction, or cancellation of your use of its IP-based Relay Services, and/or GraciasVRS's retrieval or disabling of its VP-100® or VP-200® Videophone. In no event shall GraciasVRS, or its shareholders, officers, or directors, 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 we are 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. GraciasVRS will be liable for no more than the amount of direct damages to the person or property.

Except as expressly provided in this Disclaimer, and then only to the extent provided, GraciasVRS makes no warranties or representations of any kind regarding its IP-based Relay Services. GRACIASVRS DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR PARTICULAR PURPOSE. GraciasVRS disclaims any and all warranties of quiet enjoyment, performance, and non-infringement. GraciasVRS also makes no warranty that its IP-based Relay Services will be uninterrupted or error free. GraciasVRS shall not be liable for any consequential or incidental damages. GraciasVRS does not authorize anyone, including, but not limited to, GraciasVRS's employees, independent contractors, agents or representatives, to make a warranty of any kind on GraciasVRS's behalf and you should not rely on any such statement.

CALLS INVOLVING MEDICAL, MENTAL HEALTH, OR LEGAL ISSUES

When a GraciasVRS interpreter is interpreting an IP-based Relay Service call, he or she is doing so pursuant to federal law. Specifically, GraciasVRS's provision of telecommunications relay services is governed by section 225 of the Communications Act of 1934, as amended and applicable rules and orders adopted by the Federal Communications Commission. Accordingly, GraciasVRS cannot and does not represent, warrant, or guarantee that GraciasVRS's IP-based Relay Services will meet any requirements mandated by the laws of any state or locality. For example, the role of an interpreter in a legal setting varies from state to state, and may include additional responsibilities, such as, interceding on behalf of the court, the client, or counsel to help ensure that the parties are accurately comprehending the proceeding; attesting to their ability to accurately interpret the legal proceeding; being placed under oath; and being obligated to evaluate the assignment to determine if they are qualified and to refuse the assignment if they feel they are not appropriately qualified to interpret. GraciasVRS's interpreters are not subject to such requirements. Moreover, federal law generally prohibits GraciasVRS interpreters from revealing the contents or existence of a telecommunications relay service call, even when doing so would be inconsistent with state or local laws. As a result, a GraciasVRS interpreter may not be required pursuant to state or local law to testify in court about a relayed conversation.

Consistent with the rules of the Federal Communications Commission, GraciasVRS employs only qualified interpreters who are capable of interpreting effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. GraciasVRS, however, cannot and does not represent, warrant, or guarantee that its relay interpreters meet the various interpreting requirements mandated by the laws of any states, or that its interpreters are trained, authorized, or certified to provide IP-based Relay Services pertaining to any particular area of expertise, including medical, mental health, or legal. If a caller attempts to use a GraciasVRS interpreter in a medical or mental health setting, or during a legal proceeding, the caller is simply making a TRS-facilitated telephone call.