Common use of Disclaimer of Liability and Indemnification Clause in Contracts

Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We expressly disclaim any and all responsibility for the conduct of such local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Broadvoice nor any of its officers, directors, members, or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service, unless such claims or causes of action arise from our gross negligence, recklessness, or willful misconduct. You shall defend, indemnify, and hold harmless Broadvoice, its officers, directors, members, employees, affiliates, and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third party relating to the absence, failure, or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.

Disclaimer of Liability and Indemnification. We do Provider does not have any control over whether, or the manner in which, calls using our Provider's 911 Dialing service Service are answered or addressed by any local emergency response center. We expressly disclaim Provider disclaims any and all responsibility for the conduct of such local emergency response centers and the national emergency calling centercenters. We rely Provider relies on third parties to assist us it in routing 911 Dialing calls to local emergency response centers and to a national emergency calling centercenters. We disclaim Provider disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Broadvoice nor None of Provider, its Affiliates, or any of its officerstheir partners, shareholders, members, directors, membersmanagers, officers, employees or employees agents may be held liable for any claim, cause of action, damage, or loss, liability, expense, cost, fee, charge, or penalty, and by using the Provider’s Service you hereby waive any and all such claims or claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to our Provider’s 911 Dialing service, Service unless such claims or claims, causes of action arise action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from our Provider’s gross negligence, recklessness, negligence or willful misconduct. You shall defend, indemnify, and hold harmless BroadvoiceProvider, its officersAffiliates, all of their partners, shareholders, members, directors, membersmanagers, employeesofficers, affiliatesemployees and agents, and agents and any other service provider who furnishes services to you in connection with the Provider’s Service, from any and all claims, lossescauses of action, damages, fineslosses, penaltiesliabilities, costs and expenses expenses, costs, fees, charges, or penalties (including, without limitation, attorneys’ ' fees) by, or on behalf of, you or any third party relating to the absence, failure, failure or outage of the Provider’s Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Provider’s Service to be able to use 911 Dialing or access emergency service personnel.

Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We expressly disclaim any and all responsibility for the conduct of such local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Broadvoice ▇▇▇▇.▇▇▇ DIGITAL PHONE nor any of its officers, directors, members, officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service, service unless such claims or causes of action arise arose from our gross negligence, recklessness, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Broadvoice▇▇▇▇.▇▇▇ DIGITAL PHONE, its officers, directors, members, employees, affiliates, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel. Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service. Charges for Directory Calls (411). We will charge you $0.95 for each call made to ▇▇▇▇.▇▇▇ DIGITAL PHONE directory assistance.

Disclaimer of Liability and Indemnification. We do Marco does not have any control over whether, or the manner in which, calls using our Products, including the 911 Dialing service feature, are answered or addressed by any local emergency response or national calling center. We expressly disclaim any and Marco disclaims all responsibility for the conduct of such local emergency response centers and the national emergency calling center. We rely Marco relies on third parties to assist us in routing 911 Dialing feature calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous resultMARCO DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT. Neither Broadvoice nor any of its officersNEITHER MARCO NOR ITS SHAREHOLDERS, directorsDIRECTORS, membersOFFICERS, or employees may be held liable for any claimEMPLOYEES, damageAFFILIATES, or lossOR AGENTS SHALL BE HELD LIABLE FOR ANY DEMAND, and you hereby waive any and all such claims or causes of actionCLAIM, arising from or relating to our CAUSE OF ACTION, DAMAGE, LIABILITY, OR LOSS WHATSOEVER, AND CLIENT HEREBY WAIVES ANY AND ALL SUCH DEMANDS, CLAIMS, CAUSES OF ACTION, DAMAGES, AND LOSSES ARISING FROM OR RELATING TO THE PRODUCTS, INCLUDING THE 911 Dialing serviceDIALING FEATURE, unless such claims or causes of action arise from our gross negligenceAND ANY DEVICE(S) OR EQUIPMENT (COLLECTIVELY, recklessness“CLAIMS”), or willful misconductUNLESS AND TO THE EXTENT SUCH CLAIMS RESULTED FROM MARCO’S RECKLESSNESS OR WILLFUL MISCONDUCT. You Client shall defend, indemnify, and hold harmless BroadvoiceMarco, its officersshareholders, directors, membersofficers, employees, affiliates, affiliates and agents and any other service provider who furnishes services to you Client in connection with the ServiceProduct, including the 911 Dialing feature, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ attorney and expert fees) by, or on behalf of, you Client or any third party relating to the absence, failure, failure or outage of the ServiceProduct, including the 911 DialingDialing feature, incorrectly routed 911 Dialing feature calls, and/or the inability of any user of the Service Products to be able to use the 911 Dialing feature or access emergency service personnel. SERVICE, CONSIDER HAVING AN ALTERNATE MEANS OF ACCESSING TRADITIONAL 911 OR E911 SERVICES OR TERMINATING THE SERVICE.

Disclaimer of Liability and Indemnification. We do Sangoma does not have any control over whether, or the manner in which, calls using our Sangoma's 911 Dialing service are answered or addressed by any local emergency response center. We expressly disclaim Sangoma disclaims any and all responsibility for the conduct of such local emergency response centers and the national emergency calling centercenters. We rely Sangoma relies on third parties to assist us it in routing 911 Dialing calls to local emergency response centers and to a national emergency calling centercenters. We disclaim Sangoma disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Broadvoice nor any of its officers, directors, members, or employees Sangoma may not be held liable for any claim, cause of action, damage, or loss, liability, expense, cost, fee, charge, or penalty, and by using the Service you hereby waive any and all such claims or claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to our ▇▇▇▇▇▇▇’s 911 Dialing service, service unless such claims or claims, causes of action arise action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from our Sangoma’s gross negligence, recklessness, negligence or willful misconduct. You shall defend, indemnify, and hold harmless Broadvoice, its officers, directors, members, employees, affiliates, and agents Sangoma and any other service provider who furnishes services to you in connection with the Sangoma’s Service, from any and all claims, lossescauses of action, damages, fineslosses, penaltiesliabilities, costs and expenses expenses, costs, fees, charges, or penalties (including, without limitation, attorneys’ ' fees) by, or on behalf of, you or any third party relating to the absence, failure, failure or outage of the Sangoma’s Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Sangoma’s Service to be able to use 911 Dialing or access emergency service personnel. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting ▇▇▇▇▇▇▇’s Service. A law called “▇▇▇▇’s Law” is effective at the federal level and there are also certain state ▇▇▇▇’s law requirements. Certain of these laws requires Sangoma to provide our customers with notification of the statutory provisions contained in Kari’s Law. ▇▇▇▇’s Law states that: A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service and provides outbound dialing capacity or access shall be required to configure the telephone or equivalent system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfix, or trunk- access code. A business owner or operator that provides residential or business facilities utilizing a telephone system or equivalent system as described in subsection A, shall configure the telephone or equivalent system to provide a notification to a central location on the site of the residential or business facility when a person within the residential or business facility dials 9-1-1, provided that the business owner or operator’s system is able to be configured to provide such notification without an improvement to the system’s hardware. The requirement of this subsection does not require a business owner or operator to have a person available at the central location to receive such notification.

Disclaimer of Liability and Indemnification. We do ▇▇▇▇▇ does not have any control over whether, or the manner in which, calls using our Products, including the 911 Dialing service feature, are answered or addressed by any local emergency response or national calling center. We expressly disclaim any and ▇▇▇▇▇ disclaims all responsibility for the conduct of such local emergency response centers and the national emergency calling center. We rely ▇▇▇▇▇ relies on third parties to assist us in routing 911 Dialing feature calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result▇▇▇▇▇ DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT. Neither Broadvoice nor any of its officersNEITHER ▇▇▇▇▇ NOR ITS SHAREHOLDERS, directorsDIRECTORS, membersOFFICERS, or employees may be held liable for any claimEMPLOYEES, damageAFFILIATES, or lossOR AGENTS SHALL BE HELD LIABLE FOR ANY DEMAND, and you hereby waive any and all such claims or causes of actionCLAIM, arising from or relating to our CAUSE OF ACTION, DAMAGE, LIABILITY, OR LOSS WHATSOEVER, AND CLIENT HEREBY WAIVES ANY AND ALL SUCH DEMANDS, CLAIMS, CAUSES OF ACTION, DAMAGES, AND LOSSES ARISING FROM OR RELATING TO THE PRODUCTS, INCLUDING THE 911 Dialing serviceDIALING FEATURE, unless such claims or causes of action arise from our gross negligenceAND ANY DEVICE(S) OR EQUIPMENT (COLLECTIVELY, recklessness“CLAIMS”), or willful misconductUNLESS AND TO THE EXTENT SUCH CLAIMS RESULTED FROM ▇▇▇▇▇’S RECKLESSNESS OR WILLFUL MISCONDUCT. You Client shall defend, indemnify, and hold harmless BroadvoiceMarco, its officersshareholders, directors, membersofficers, employees, affiliates, affiliates and agents and any other service provider who furnishes services to you Client in connection with the ServiceProduct, including the 911 Dialing feature, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ attorney and expert fees) by, or on behalf of, you Client or any third party relating to the absence, failure, failure or outage of the ServiceProduct, including the 911 DialingDialing feature, incorrectly routed 911 Dialing feature calls, and/or the inability of any user of the Service Products to be able to use the 911 Dialing feature or access emergency service personnel.

Disclaimer of Liability and Indemnification. We do You acknowledge and understand that Velocity Broadband will not be liable for any Service outage and/or inability to dial 911 using the Velocity Broadband Service or to access emergency service personnel due to the characteristics and limitations of the Velocity Broadband Service as set forth in this Agreement. You agree to defend, indemnify, and hold harmless the City of Hudson, Ohio, the City of ▇▇▇▇▇▇ - Velocity Broadband, its officers, elected officials, directors, employees, affiliates, volunteers and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to the 911 Service. In addition, Velocity Broadband does not have any control over whether, or the manner in which, calls using our the 911 Dialing service Service are answered or addressed by any local emergency response center. We expressly disclaim any and Velocity Broadband disclaims all responsibility for the conduct of such local emergency response centers and the national emergency calling center. We rely Velocity Broadband relies on third parties to assist us in routing 911 Dialing Service calls to local emergency response centers and to a national emergency calling center. We disclaim Velocity Broadband disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Broadvoice Velocity Broadband nor any of its officers, elected officials, directors, membersemployees, or employees affiliates, volunteers and agents and any other service provider who furnishes services to you in connection with the Service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our the 911 Dialing service, Service unless such claims or causes of action arise arose from our Velocity Broadband gross negligence, recklessness, recklessness or willful misconduct. You shall agree to defend, indemnify, and hold harmless BroadvoiceVelocity Broadband, its officers, elected officials, directors, members, employees, affiliates, volunteers and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ reasonable attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure, failure or outage of the Service, including 911 DialingService, incorrectly routed 911 Dialing Service calls, and/or the inability of any user of the Service to be able to use 911 Dialing Service or access emergency service personnel. Furthermore, you acknowledge that Velocity Broadband does not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 Service, Velocity Broadband strongly recommends that you always have an alternative means of accessing emergency service.

Disclaimer of Liability and Indemnification. We do You acknowledge and understand that ▇▇▇▇▇ FIBER will not be liable for any Service outage and/or inability to dial 911 using the ▇▇▇▇▇ FIBER Service or to access emergency service personnel due to the characteristics and limitation of the ▇▇▇▇▇ FIBER Service as set forth in this document. You agree to defend, indemnify, and hold harmless ▇▇▇▇▇ FIBER, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to the 911 SERVICE. In addition, ▇▇▇▇▇ FIBER does not have any control over whether, or the manner in which, calls using our the 911 Dialing service SERVICE are answered or addressed by any local emergency response center. We expressly disclaim any and ▇▇▇▇▇ FIBER disclaims all responsibility for the conduct of such local emergency response centers and the national emergency calling center. We rely ▇▇▇▇▇ FIBER relies on third parties to assist us in routing 911 Dialing SERVICE calls to local emergency response centers and to a national emergency calling center. We disclaim ▇▇▇▇▇ FIBER disclaims any and all liability or responsibility in the event such third third-party data used to route calls is incorrect or yields an erroneous result. Neither Broadvoice ▇▇▇▇▇ FIBER nor any of its officers, directors, membersemployees, or employees affiliates, and agents and any other service provider who furnishes services to you in connection with the Service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our the 911 Dialing service, SERVICE unless such claims or causes of action arise arose from our gross ▇▇▇▇▇ FIBER ▇▇▇▇▇ negligence, recklessness, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Broadvoice▇▇▇▇▇ FIBER, its officers, directors, members, employees, affiliates, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure, failure or outage of the Service, including 911 DialingSERVICE, incorrectly routed 911 Dialing SERVICE calls, and/or the inability of any user of the Service to be able to use 911 Dialing SERVICE or access emergency service personnel. Furthermore, you acknowledge that ▇▇▇▇▇ FIBER does not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 SERVICE, ▇▇▇▇▇ FIBER strongly recommends that you always have an alternative means of accessing emergency service.

Disclaimer of Liability and Indemnification. We do You acknowledge and understand that Velocity Broadband will not be liable for any Service outage and/or inability to dial 911 using the Velocity Broadband Service or to access emergency service personnel due to the characteristics and limitations of the Velocity Broadband Service as set forth in this Agreement. You agree to defend, indemnify, and hold harmless the City of Hudson, Ohio, the City of ▇▇▇▇▇▇ - Velocity Broadband, its officers, elected officials, directors, employees, affiliates, volunteers and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to the 911 Service. In addition, Velocity Broadband does not have any control over whether, or the manner in which, calls using our the 911 Dialing service Service are answered or addressed by any local emergency response center. We expressly disclaim any and Velocity Broadband disclaims all responsibility for the conduct of such local emergency response centers and the national emergency calling center. We rely Velocity Broadband relies on third parties to assist us in routing 911 Dialing Service calls to local emergency response centers and to a national emergency calling center. We disclaim Velocity Broadband disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Broadvoice Velocity Broadband nor any of its officers, elected officials, directors, membersemployees, or employees affiliates, volunteers and agents and any other service provider who furnishes services to you in connection with the Service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our the 911 Dialing service, Service unless such claims or causes of action arise arose from our Velocity Broadband gross negligence, recklessness, recklessness or willful misconduct. You shall agree to defend, indemnify, and hold harmless BroadvoiceVelocity Broadband, its officers, elected officials, directors, members, employees, affiliates, volunteers and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ reasonable attorney’s fees) by, or on behalf of, you or any third party relating to the absence, failure, failure or outage of the Service, including 911 DialingService, incorrectly routed 911 Dialing Service calls, and/or the inability of any user of the Service to be able to use 911 Dialing Service or access emergency service personnel. Furthermore, you acknowledge that Velocity Broadband does not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 Service, Velocity Broadband strongly recommends that you always have an alternative means of accessing emergency service.