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 Service Staff by calling 866.932.7891 through your Z™ Phone or you can e-mail us at help@ZVRS.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. If requested, we will provide you with free training on use of the Software with the Z™ phone. 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.
1. Definitions
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 (to wit the Z340, the Z-Ojo, the Z150, the Z20, Z5 on an iPad, Z5 Max 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;
(iv) Customer will not re-sell or transfer the Z™ product under any circumstances;
(v) Customer will use reasonable efforts to keep the Z™ product safe and secure from thieves or vandals, unsupervised users, or any other external conditions that would likely damage the Z™ product or impair its functions.
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. You may use our Software and Z™ phone to place free VRS calls, to receive VRS calls, and to make and receive non-VRS point-to-point calls. We receive compensation from the federal TRS fund when you use one of our video interpreters to interpret a VRS call. However, you are responsible for obtaining broadband connectivity in order to be able to use our Software and the IPad; we do not provide broadband connectivity to you. 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 sold 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™ 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. If you port to another provider the ten-digit number assigned to the Videophone, within six (6) months of receiving the Videophone, you will owe us a Handling Fee in the amount of $100 to cover our shipping and handling costs of providing the equipment to you. Please note, if you port the local ten-digit number assigned to your Z™ Phone that was obtained through a special offer to a default provider other than ZVRS within 12 months of receiving the Z™ phone, you will owe ZVRS an Equipment License Fee, or “ELF,” which will amount to the original purchase price of the product. That ELF 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 ELF is reduced to $50% of the original purchase price; if you port after the period described in the previous clause but less than 18 months after receiving the Z™ phone, the ELF is reduced to 40% of the original purchase; if you port after the period described in the previous clause but less than 21 months after receiving the Z™ phone, the ELF is reduced to 30% of the original purchase price; if you port after the period described in the previous clause but less than 24 months after receiving the Z™ phone, the ELF is reduced to 20% of the original purchase price; if you port after 24 months, you do not owe an ELF. You may also return the un-damaged Z™ phone to ZVRS instead of paying the ELF. To initiate the return of the Z™ to avoid paying an ELF you can email help@zvrs.com or place a point-to-point call to 866-932-7891. If you fail to pay the ELF or return the Z™, 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™ without advance notice in the event that ZVRS becomes aware that Customer is or may be breaching the prohibitions of this paragraph.
J. (Return) To initiate the return of the Z™ phone to avoid paying an ELF, you should email help@zvrs.com or place a point-to-point call to 1-866- 932- 7891. Once you have obtained the return information from us, you must return the Videophone to us, at your expense, within forty-five (45) days of selecting another default provider. You must take every to ensure the Videophone is packed in a secure and safe manner to ensure it remains safe from damage while in shipment. If the Videophone is damaged upon it’s delivery to ZVRS, ZVRS reserves the right to assess damages in accordance with this agreement. You are not authorized to and may not give any other provider of VRS, or any commercial entity working with or for any other provider of VRS, authority to return the Z™ phone for you.
K. (Return of Sorenson Videophones) If you received from ZVRS a Z Phone for porting a number to ZVRS from Sorenson Communications, Inc. (“Sorenson”), you are agreeing to make ZVRS your default videophone provider and agree to return the associated Sorenson VP-200® or ntouch™ videophone product to Sorenson within two (2) weeks of having your Z™ phone from ZVRS installed. By accepting the Z™ phone, you acknowledge your voluntary consent to this agreement.
L. If the Z™ phone has been stolen or appears to have been damaged, tampered with, or not functioning properly, you agree promptly to e-mail us at help@zvrs.com, or, if possible, to contact our service staff through the Videophone. We reserve the right to assess a charge to repair or replace a damaged or stolen Videophone. We will not charge you for any repair made for us by the manufacturer under any manufacturer’s warranty. You further agree that so long as we are the default provider for the telephone number(s) assigned to the Videophone, only we may service or repair the Videophone, and that you will not allow anyone other than us, including but not limited to other VRS providers, to attempt to repair or service the Videophone.
M. The manufacturer of the Videophone may set forth obligations and other terms and conditions applicable to a user of the Videophone. As the user, you agree to comply with any such obligations, and you agree to be bound by any such terms and conditions.
3. Indemnification
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.
5. Warranties
Except as expressly provided in this Section 5 of the Agreement, and then only to the extent provided, ZVRS makes no warranties or representations of any kind regarding the Z™ phone and ZVRS disclaims any and all warranties, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, performance, or infringement. Further, we are not the manufacturer of the Videophone. Accordingly, we assert no intellectual property right in the Videophone. ZVRS also makes no warranty that video relay services will be uninterrupted or error free. ZVRS does not authorize anyone, including, but not limited to, ZVRS’s employees, agents or representatives, to make a warranty of any kind on ZVRS’s behalf and Customer should not rely on any such statement.
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.
6. Miscellaneous
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’s 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.