Terms

My IP Relay.com ("Service"), provided by GoAmerica is governed by the following Terms and Conditions, in conjunction with the About IP Relay and Technical Specifications portions of the website My IP Relay.com (collectively referred to as "Terms"). For purposes of the Terms, "User" is a customer who uses the Service.

1. Agreement. By using the Service, User accepts the Terms as they may be updated from time to time.
2. Availability. Although the Service is intended to be available 24 hours a day, 7 days a week, technical or service interruptions may arise which can result in the service being temporarily unavailable. GoAmerica makes no warranty that the service will be uninterrupted or error free or that defects to the service will be corrected. GoAmerica may deny or limit the use of the service for any lawful reason.
3. Permissible Call Types. The Service permits User to place certain Internet relay calls using IP Relay Services as set forth in My IP Relay.com website. Until further notice, all calls, not including the exceptions set forth below, are free to Users.
   The following exceptions and limitations apply to the Service.
   1. pay-per call services are not permitted.
   2. Relay Service is not designed for emergency calls, nor should it be used as a substitute for 911 services. Additional information regarding E911 services may be found here: www.NEEDLINK.com
   3. reserves the right to seek reimbursement for all call types that are not permitted or not available.
4. Applicable Laws/Fraudulent Use. User agrees that he/she will comply with all applicable laws in connection with the use of the Service, and agrees that he/she will not use the Service for any unlawful, abusive or fraudulent purposes, including use that (1) interferes with or prevents other Users from accessing and utilizing the Service; and (2) avoids User's obligation to pay for pay-per-call services or services outside the scope of these Terms. As required by law, GoAmerica will cooperate with any investigations by law enforcement or government agencies that arise from use of the Service. GoAmerica reserves the right to suspend, restrict or cancel Service without notice for any reason and in GoAmerica's sole discretion.
5. Limitation of Liability. In no event will GoAmerica be liable for any indirect, incidental, punitive, exemplary, special or consequential damages of any kind, including lost profits. These limitations apply even if the damages were foreseeable or if GoAmerica was advised of the possibility of damages. GoAmerica will not be liable for any act or omission of any other company or companies furnishing a portion of the Service, including those vendors participating in the Service, or for damages associated with service, channels or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services used to receive the Service.
6. Force Majeure. GoAmerica will not be liable for: any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, terrorist acts, strikes, lockouts, work stoppages or other labor difficulties; preemption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof.
7. Indemnification. User agrees to indemnify, defend and hold harmless GoAmerica, its subsidiaries and affiliates, and their directors, employees and agents from and against any and all losses, liabilities, judgments, damages, costs and expenses, including all reasonable in-house and outside attorney and expert fees and court costs, resulting from or arising out of any third party charges, claims, suits, actions, causes of action, of any kind and description, whether commenced or threatened, arising out of any act or omission pertaining to use of the Service by User or others authorized by User to use the Service.
8. Warranties. GoAmerica makes no express or implied representations of warranties about its Service and disclaims any implied warranties, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose or use of non-infringement. GoAmerica does not authorize anyone to make a warranty on its behalf and you may not rely on any statement of warranty as a warranty by GoAmerica.
9. Assignment. GoAmerica may assign these Terms. User may not modify or assign the Terms.
10. Entire Agreement. These Terms constitute the entire agreement between GoAmerica and User and supersede any and all prior agreements, oral or written, concerning the subject matter. GoAmerica may change the Terms from time to time. Such changes shall be posted on the web page for the Terms and Conditions of Service of IP-relay.com, and such posting shall satisfy any applicable notice requirements. The Terms are binding upon you and the Company and upon, respectively, you and the Company's agents and heirs.
11. Waiver. No waiver of the Terms is valid.
12. Choice of Law. The Terms are governed by and construed under the laws of the State of New Jersey and applicable federal law, without regard to choice of law principles.
13. Severability. If any part of the Terms is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, than that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of the Terms.