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MobileNation Wi-Fi Calling Service (“the Service”) completes telephone calls using Voice over Internet Protocol (“VoIP”) technology by connecting a capable wireless device to a router using a Wi-Fi signal and is intended primarily for use within the domestic United States (“U.S”). VoIP telephony is fundamentally different from traditional telephone service and has inherent limitations. The Service, including 9-1-1 calling, may be unavailable or limited in some circumstances. While the Service may be available in a limited number of countries outside the U.S., calls to 9-1-1 and other international emergency service abbreviated dialing codes, such as 1-1-2 or 9-9-9, WILL NOT function over Wi-Fi and should not be used or relied upon during an emergency. Customer certifies awareness of the Service limitations outlined below and that Service will not be used by anyone other than Customer without first notifying the end user of such limitations.
1. Limitations of Service.
1. Broadband Connection Failures. The Service will not be able to make calls if Customer loses connectivity to the Internet. Due to Internet congestion and network design issues, 9-1-1 calls placed through the Service may sometimes produce a busy signal, experience unexpected answering wait times, or take longer to answer than 9-1-1 calls placed through traditional telephone networks.
2. Loss of Electrical Power. The Service will not operate if Customer has lost electric power for the Service or for other Service-enabling equipment. After a power outage, Customer may need to reset or reconfigure enabling equipment or devices before being able to use the Service.
2. Customer Choice. Each Customer must carefully evaluate the individual circumstances in deciding whether to rely solely upon the Service for 9-1-1 calling or to make necessary provisions for access to emergency calling services (e.g. maintaining a conventional landline phone as a backup means of completing emergency calls).
3. Other Limitations. In addition to 9-1-1 limitations, the Service does not support Wireless Emergency Alerts and may not support other wireless products and services. Other non-cellular devices capable of Wi-Fi Calling may not support a 9-1-1 call over a wireless carrier network and may be limited to Wi-Fi Calling capabilities only, if available and connected.
4. Limitation of Liability and Release. MobileNation is not liable for any failure to access emergency services when using the Service. Customer hereby releases and discharges MobileNation, its affiliates and subsidiaries, and their respective officers, directors, employees, agents and vendors affiliated with the Service from any and all claims, losses, damages, fines, penalties, costs, expenses and liability arising out of Customer’s or any third party’s use of the Service, and hereby acknowledges that MobileNation is not liable for any failure or outage of the Service, including those related to 9-1-1 dialing in the USA and Emergency Services Calling in other countries where the Service is permitted. This release and waiver extends to all claims of any kind or nature whether foreseen, known or unknown.