Purple Relay Service Terms and Conditions & Acceptable Use Policies
BY USING THE PURPLE VIDEO RELAY SERVICES (called the “SERVICES”) YOU AGREE TO THE TERMS AND CONDITIONS AND ACCEPTABLE USE POLICIES SET FORTH HEREIN.
Thank you for choosing Purple Services. When using the Purple Services you agree to the terms and conditions set forth by us regarding use of such Services and if you do not agree to any of the Terms and Conditions, please uninstall the software and/or cease use of the Purple relay services. Your use of the service is affirmative acknowledgement of receiving and understanding the below advisory acknowledgements.
Purple Services are provided for the explicit purpose of accessing and using video relay interpreting services for the Deaf, Hard of Hearing and speech disabled (“Qualified Persons”). In order to download the Software and access the Services you must certify that you are a Qualified Person (i.e., Deaf, Hard of Hearing or speech disabled).
Do not use this service while operating a motor vehicle.
In these terms and conditions and policies, the following words shall have the following meanings:
“You” and “your” shall mean you, the end user of the Purple software and/or Purple Services. “Our,” “us,” and “we,” “Purple” “HOVRS,” and the “Company” shall mean Purple Communication, Inc., Purple Language Services Corp., their affiliates, as necessary, and their employees, independent contractors, licensors, and any other affiliated entities associated with providing you with VRS, including their successors. The “Service(s)”, “Video Relay Service” and “VRS” is a service which enables a deaf or hard of hearing user or a user with a speech disability to communicate over the telephone system through video equipment or software installed at the deaf or hard of hearing user’s location and at the video interpreter’s location. If the FCC or other government agency having jurisdiction expands the definition of Video Relay Service, that term shall be so expanded for the purposes of the Terms and Conditions. “Terms and Conditions” shall mean the terms and conditions and the acceptable use policies set forth herein and includes any other terms established by us regarding use of Purple Services that may be found on our websites or other documentation.
2. Acceptable Use Policies.
You certify that you are a Qualified User. Purple Services are provided for the explicit purpose of accessing and using video relay interpreting services for the Deaf, Hard of Hearing and speech disabled (“Qualified Persons”). In order to download the Software and access the Services you must certify that you are a Qualified Person (i.e., Deaf, Hard of Hearing or speech disabled).
No Unlawful or Wrongful Use. You agree to not use the Services for any unlawful purposes or that interferes with our ability to provide Services to you or other customers. You are expressly prohibited from engaging or participating in communications or conduct of an unlawful nature (including without limitation indecent, obscene, illegal, fraudulent, threatening, harassing or prank calls) while the Services and from allowing others to do so, and Purple reserves the right to immediately discontinue or suspend your use of the Services in the event you engage in such activity. Purple has the right to discontinue or suspend, without advance notice, your use of Services if it becomes aware that you have breached the terms of the Terms and Conditions, and Purple reserves the right to investigate and actively pursue or stop any attempt to disrupt the Services to its customers, including asserting civil claims, cooperating with law enforcement and/or criminal prosecution as it deems necessary.
No Spam, unsolicited or bulk use. You agree not to use the Services, including communication tools and features that may be included with the Services such as video mail (PurpleMailTM), instant messaging and chat services to send unsolicited bulk communications, including through video mail or instant messages. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about the Purple users, including Screen Names, and use that information for the purpose of sending unsolicited bulk communications
No replacement of in-person interpreting, inappropriate international or translation use. You may not use the Services to place international to international VRS calls, video remote interpreting calls in the guise of VRS calls, or use VRS as a means of allowing hearing telephone uses to bypass domestic or international long distance toll charges. Nor may you use the Spanish or English versions of the Services as a means of allowing hearing telephone to conduct translation.
Right to investigate and seek damages. Purple reserves the right to investigate any improper or unlawful use of the Services or related equipment, or any breach of the Terms and Conditions and to seek reimbursement and damages, and the Company will not be liable for any cost or damage arising either directly or indirectly from your use or misuse of Services.
Confidentiality. Calls made through the Services are confidential. Except as permitted or required by law, Purple will not disclose any information from your (or other’s) conversations, and no records of conversation content are kept. Purple maintains technology and security features and policy guidelines in order to safeguard the privacy of relay calls and any customer identifiable information from unauthorized access or improper use, and Purple will continue to maintain such security procedures in accordance with its policies and those of the FCC or other relevant governmental agencies. Purple cannot control the content of other people’s conversations, and is not liable for call content that you may receive via the Services.
Registration information. You agree that all information contained on your registration for the Services is true and correct. Purple reserves the right to terminate your access to the Services at any time, if it should determine that any such information was or is untrue.
Privacy Matters. You understand and hereby acknowledge that your use of the Services requires that your voice and/or image may be recorded and transmitted over the Internet and/or the public telephone system. You further understand that due to the nature of the Internet, any privacy right, copyright or other right or interest in your voice, image or likeness may be lost with respect to any specific transmission as a result of such transmission. You authorize and specifically grant permission to Purple to record and transmit your voice, likeness and/or image over the Internet solely for the purpose of your use of the Services and the interpretation services provided by Purple, and further release and agree to hold Purple harmless from any and all responsibility for any such loss of rights and/or interests resulting from transmission of your voice, image and/or likeness over the Internet. You agree not to use or facilitate the use of the voice, image, and/or likeness of any Purple employee, contractor, or agent in any way other than for the purposes intended by the Company for performance of the Services.
3. Default Provider & Purple 10 digit numbers.
The FCC requires relay providers to offer functionally equivalent ten (10) digit telephone numbers. You must have a 10 digit number to make or receive calls using the Services, with the exception of 911 emergency calls. You must be a Qualified Person to register for a 10 digit number.
When you obtain a Purple telephone number, register with the Purple Services or when you download P3 software, you are selecting the Company as your “default” provider of VRS and TRS, which means that all VRS and TRS calls to and from your Purple ten-digit telephone number(s) assigned to your Purple account and/or P3 Software will be routed, by default through the Company’s Services.
Under the FCC rules, as your default provider, the Company will: (i) ask you for your physical location at which you will first use the Services to place VRS or TRS calls (your “Registered Location”); (ii) give you an easy way to update your Registered Location information if it changes, without cost; and (iii) route all emergency 911 calls placed from your Purple account through the Purple VRS or TRS to the appropriate emergency personnel and transmit the call-back number and your Registered Location, the Company’s name, and the identification number of the Company video interpreter handling the 911 call.
Under the FCC rules you will also be able to transfer (or “port”) the Purple ten-digit number assigned to you to a default provider other than the Company. If you already have a ten-digit telephone number from a VRS or TRS provider other than the Company but would like to select Purple as your default provider you are able to easily port your telephone number to the Company -- please contact the Company customer care at Company’s Customer Care at 877-885-3172 or firstname.lastname@example.org and they will assist you to port your number. PLEASE NOTE: If you elect to port your Purple ten-digit number assigned to Purple Services to another VRS or TRS provider, several of the features of Purple Services may no longer be functional, for example, and without limitation, access to the Purple Contact List, Speed Dial, Call History, PurpleMail, Web Browser, personal preferences, and Live Help features and functions may no longer be available or fully functional.
4. 911 Emergency Calls.
If you need to place an emergency call, you can dial the emergency 911 number through the Services. To make sure your 911 call is routed to the proper emergency response center and to make sure that the emergency response personnel can send help to your physical location, Purple (as your default provider) needs to obtain the address (the Registered Location) from where you are placing the emergency call. It is very important that you provide your Registered Location to your default provider; and if you change your physical location (e.g., move your primary residence) you should provide your new location to your default provider as soon as possible as it will take some time for the provider to update its records (which could affect the ability of the default provider to send your Registered Location to an emergency response team) -- you can update your registered location (physical location) in your account profile on the web at www.purple.us or by contacting the Company customer care at 877-885-3172 and they will assist you to update or change your Registered Location
More information on the FCC rules on default providers, 911 emergency calling and 10 digit calling can be found on the FCC website: http://www.fcc.gov.
PLEASE NOTE: LIMITATIONS OF RELAY- BASED 911 CALLS.
Purple advises you that any 911 emergency call should be made through a traditional text telephone (“TTY”), or (if a TTY is not available) through a standard telephone, when possible. Dialing 911 from a TTY or traditional phone remains the most reliable and fastest method of reaching emergency response personnel. If you use Purple Services to place a 911 Call, you should be aware that any such use is subject to important limitations and risks, see below.
Registered Location. You are responsible for providing your default provider, or other VRS provider if you use their Video Relay Services to place a 911 call, an up-to-date Registered Location, otherwise the provider may not be able to obtain your location information and route your call to the appropriate emergency center or provide your physical location. If you change your Registered Location (e.g., move your residence or take your VRS calling device to another location) you must update your default provider with your new location information. After you update your VRS or TRS provider with your Registered Location, it will take some time (hours or more if there are issues reading or entering the address information provided) to activate 911 service at the provided address, and if a 911 emergency call is made prior to activation then your call and the Registered Location information may not be automatically routed to the appropriate emergency personnel.
Technical and Other Trouble or Errors. It is possible that your location and any telephone number associated with your Purple account may not be automatically passed to the emergency service center or personnel when you use Purple Services to place a 911 emergency call, as a result of technical, device or software malfunction, equipment or VRS, TRS or human error. Technical errors may include a network outage or power outage, or degradation of your Internet service for another reason, cancellation or suspension of your broadband or ISP service or if your access or use of the Purple Services has been terminated, suspended, restricted, or cancelled, or if the Services (such as the P3 software) has been disabled, opened, altered or otherwise modified. Human error may include misinterpretation, mistakes, or your inability to provide the interpreter your address; in each case Purple may not be able to obtain your location or other relevant information and/or provide that information it to the appropriate emergency personnel.
Other providers. If you use Purple’s P3 Services to place a 911 emergency call through another VRS or TRS provider Purple will have no control over the manner in which the other provider will process and route the call. Similarly, if you do not elect Purple as your default provider but use a Purple device to place a 911 emergency call via Purple Services, Purple will likely not have access to your Registered Location in which case the interpreter will have to try and obtain that information during the 911 emergency call and then route the call as quickly as possible to the correct emergency response center by trying to locate the appropriate emergency response center based on the provided phone number.
Limitation and Waiver of Liability for 911 Calls. If you use the Services to make a 911 call, including without limitation the use of Purple Service to make a 911 call using any VRS or TRS provider, Company is not liable for any claim, damage or loss arising from your use of the Services to facilitate that call, including any liability in tort, contract, or otherwise for any property damage, personal injury or death arising out of or related to use of Services to make a 911 call, or the provision of any VRS, VRI, TRS or in-person interpreting services incident relating to such an emergency call, including but not limited to an act or omission involving (1) the development, design, installation, operation, maintenance, performance, or provision of the Services, including without limitation the Purple Service or related equipment, or any VRS, VRI, TRS or in-person interpreting services provided in connection with a 911 call or the provision of emergency services; (2) interruptions, delays, transmission errors, network outages, failures, defects, technical difficulties, acts of God, human error, misinterpretation, mistakes, or other occurrences, regardless of the source of the occurrence, that might arise during the handling or transmission of a 911 emergency call; and (3) release to an emergency response center or emergency center personnel, emergency medical service provider or emergency dispatch provider, public safety, fire service or law enforcement official, or hospital emergency or trauma care facility public safety answering point, designated statewide default answering point, of any user information related to 911 calls or to the delivery of emergency services.
As an emergency communications service provider, the Company shall also 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 carrier under Federal and applicable State law (whether through statute, judicial decision, tariffs filed by such local exchange company, or otherwise).
5. General Terms and Conditions.
Acquisition, License and Use Restrictions. By using Purple Services (and using or downloading Purple software), and agreeing to these Terms and Conditions, you are granted a right and license to use Purple software and Services subject to the Terms and Conditions; however, your right to use our Services is limited by the rights and interests retained by the Company and its licensors with respect to the proprietary intellectual property embedded in our Services, such as the proprietary software and firmware, copyrighted materials, the proprietary nature of which are protected by copyright, trademark, trade secret, and other intellectual property law. Your right to use the Services is strictly subject to your compliance with the Terms and Conditions. By using Purple Services you certify that you are deaf or hard of hearing.
No Sublicenses. You agree that the right and license to the Purple Services are granted to you only for your own (and family) personal or business use, and you agree not to rent, resell, sublicense, distribute, share, or assign and right to the Services (including without limitation your 10-digit number, any Purple software (such as the P3™ Software) to any party, without the prior approval of Purple; if you allow use and access to your family members or others, you agree that such members shall be subject to the Terms and Conditions, and you shall be responsible for their knowledge and compliance thereof, and you shall be liable for any violations by family members, or others, thereof.
No De-compilation or Reverse Engineering or copying of Services/software. You agree not to attempt to decompile, modify, extract, disassemble, take apart, or otherwise reverse-engineer or tamper with the Services (including without limitation the software or any related Purple equipment that may be provided with Services), nor to engage in any unauthorized copying of the Services, software and/or related materials. You may physically transfer the software from one computer to another provided that you do not retain any copies of the software on the original computer. However, you may not copy, rent, lease, sell, sublicense, assign, loan, time-share or otherwise transfer or distribute copies of the Services, including without limitation the software, or provide multiple user access to the Services by means of any network. Nothing in the Terms and Conditions and/or your use of Services gives you any right, title, or interest to Services or any aspect thereof, including but not limited to, any software, intellectual property rights, trademarks, copyrights or patents. You are expressly prohibited from asserting or filing registrations and/or applications for ownership of intellectual property rights in the Services in any country, nation, or jurisdiction throughout the world.
You are responsible for obtaining your own Internet access, including maintaining all telephone, computer hardware and other equipment (including all necessary hardware, firmware and/or software) needed for access to and use of the Services, and all charges related thereto. Any telephone or other communications charges incurred by you to use the Services are your responsibility. Your telecommunications carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify any fees that may apply to you.
You agree that Purple shall not be responsible or liable for any claims or causes of action that arise from your use of the Services. Further, you agree to indemnify and hold the Company and its shareholders, officers, directors, employees, agents, and affiliated entities harmless for and from all costs, fees, expenses, and damages of any nature whatsoever related to any such claims or causes of action, including court and arbitration costs, attorneys’ fees, and the costs of other professionals, unless such claims are solely based on Purple’s willful intentional and gross misconduct. This provision of the Terms and Conditions will continue to apply after termination of your account with Purple and your use of the Services.
7. Limitations of Liability & Warranties.
In no event shall the Company, its officers, directors, employees, shareholders, parent corporations, subsidiaries or affiliates, be liable in connection with your use of any of the Services for punitive, reliance, or special damages, or for indirect or consequential damages, including but not limited to personal injury, 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 or intentional misconduct no matter how that claim is styled or on what legal grounds (such as contract, tort, statute, misrepresentation) on which it is based. If we nevertheless are found liable for any damage to person or property, the Company will in no event be liable for more than the amount of direct damages to the person or property.
Purple makes no warranties or representations of any kind regarding the Services and disclaims any and all warranties, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose or use, quiet enjoyment, performance, or infringement. Purple also makes no warranty that our Service will be uninterrupted or error free. Purple does not authorize anyone, including, but not limited to, Purple employees, agents or representatives, to make a warranty of any kind on the Company’s behalf and you should not rely on any such statement or warranty. If you receive free equipment as part of the Services for any reason, you are liable for all sales, use, excise or income taxes that might be incurred by or levied upon you with respect to any other benefits received.
Equipment & Customer Care. If you receive equipment in connection with the Services, the Terms and Conditions set forth the full representations, warranties, and limitations of liability applicable to your use of the equipment. For warranty support or product return assistance please refer to the Terms and Condition. For issues related to the Services please visit solutions.purple.us or contact Customer Care at 877-885-3172. Without limiting the generality of the foregoing, in the event of third-party claims of infringement regarding proprietary elements of the Services, the Company reserves the right, at its option to: (i) modify or replace the affected parts, so the Services becomes non-infringing, (ii) obtain for you the right to continue to use the Services or (iii) recall or terminate the Services and provide you with a pro rata refund of any amounts paid by you for the period of non-usage of the Services.
8. Dispute Resolution
This Section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury or through a class action. You may continue to have certain rights to obtain relief from a federal or state regulatory agency.
Binding Arbitration. The arbitration process established by this Section is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1- 16. You have the right to take any dispute that qualifies to small claims court rather than arbitration subject to the venue provisions set forth below. All other disputes arising out of or related to the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. The arbitration will be conducted by one arbitrator using the procedures described by this Section of the Terms and Conditions. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect.
The arbitration of any dispute shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by the Terms and Conditions, which are in effect on the date a dispute is submitted to the AAA. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of the Terms and Conditions and may not limit, expand, or otherwise modify its terms.
Before you take a dispute to arbitration or to small claims court, you must first write to us at the Purple Language Services Co. - Customer Care Department, 595 Menlo Drive, Rocklin, CA 95765 or at our email address, email@example.com, and give us an opportunity to resolve the dispute. Similarly, before the Company takes a dispute to arbitration, the Company will first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or the Company is notified by the other of a dispute, then either party may submit the arbitration to the AAA.
Any claim or dispute arising out of the Services must be brought within 90 days of the date the basis for the claim or dispute first arises.
Notwithstanding anything in the Terms and Conditions, all actions arising from or pertaining to the Terms and Conditions and all disputes between the parties shall be initiated, maintained, and resolved in Placer County, State of California, USA.
Acts Beyond Our Control. Neither you nor the Company will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, 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 our reasonable control.
Assignment. The Company may assign all or part of our rights or duties under the Services and the Terms and Conditions without notifying you. If the Company does that, the Company will have no further obligations to you. You may not assign any rights to the Service or the Terms and Conditions without our prior written consent.
Entire Agreement. The Terms and Conditions supersede all prior agreements, understandings, statements or proposals, and representations, whether written, oral or using sign language, regarding the Services. No written or oral statement, advertisement, or service description not expressly contained in the Terms and Conditions may contradict, explain, or supplement it. Purple may change the Terms and Conditions from time to time. If the Company makes any changes to the prices, charges or terms and conditions, the Company will post them on its web page at www.purple.us.
Export Restrictions. You acknowledge that the products provided you hereunder may be subject to the export control laws and regulations of the United States of America, and other countries. You agree that you will not export or re export the products, any part thereof, or any process or service that is the direct product of a product (collectively the “Restricted Components”) to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (1) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country or (2) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the Bureau of Industry and Security (BIS) nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
Governing Law. To the extent permitted by law, the Terms and Conditions will be governed by the law of the State of California, USA, without regard to its choice of law, rules, and the arbitration provisions of the Terms and Conditions will be governed by the Federal Arbitration Act. The provisions of the Terms and Conditions are further subject to the rules, regulations and policies of the Federal Communications Commission and any other governmental agency having jurisdiction of the subject matter of the Terms and Conditions. The Terms and Conditions shall be interpreted to the extent practicable to be in conformance with any applicable agency rule, regulation or policy and not in conflict therewith.
Government End Users. The Services and any associated equipment and documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-l through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (1) only as Commercial Items and (2) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Purple Language Services, Inc., 595 Menlo Drive, Rocklin, CA 95765, USA.