Please read these Terms and Conditions carefully BEFORE using the CaptionMate mobile and/or web application operated by Clarity Products, LLC.
By using this Service, you explicity agree to accept and comply with these Terms and Conditions. These Terms and Conditions apply to all users and others who wish to access or use CaptionMate.
By using the CaptionMate you agree to be bound by these Terms. If you disagree with any part of the terms DO NOT use this Service.
You have been given access to this application because you either self-certified, or your guardian certified, that you have a hearing loss that makes you need telephone captioning in order to understand telephone calls.
The Federal Communications Commission (FCC) is funding your use of this application.
If you no longer require this application, you must stop using it. You can disable or uninstall the application, or simply stop using it. If you require assistance in uninstalling the application you can contact us to assist you. (Contact information is given at the bottom of this page.)
By using CaptionMate, you acknowledge that this is a government sponsored service for you alone, and you agree that you will only use it for your own use, and that you will not allow others to use it.
CaptionMate is free to use because it is funded by the FCC. However, CaptionMate uses data to send information to and from our servers, to authenticate your information, retrieve your profile and settings, to initiate and answer calls and to send transcriptions.
Your phone plan may charge for the data used, and phone plan may incur telephone charges. These charges are entirely your responsibility.
CaptionMate and its original content, features and functionality are and will remain the exclusive property of Clarity Products, LLC and its licensors. CaptionMate is protected by copyright, trademark, nd other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in \ connection with any product or service without the prior written consent of Clarity Products, LLC.
We may terminate or suspend your account and bar access to CaptionMate immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms and Conditions.
If you wish to terminate your account, you may simply discontinue using CaptionMate.
All provisions of the Terms and Conditions shall survive termination, including indemnity and limitations of liability, ownership provisions, warranty disclaimer, without limitation.
We reserve the right to cancel this service altogether at any time.
In no event shall CaptionMate or Clarity Products, LLC be liable for any punitive, special, consequential or indirect damages, includinng, without limitation, damages for lost profits.
You agree to defend, indemnify and hold harmless Clarity Products, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of CaptionMate, by you or any person using your account and password, or b) a breach of these Terms.
IN EVENT SHALL CLARITY PRODUCTS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WIHTOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBTITUTE SERVICES, EVEN IF CLARITY PRODUCTS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR ECLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF CLARITY PRODUCTS, LLC TO YOU FOR ALL DAMAGES, LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF CLARITY PRODUCTS, LLC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF YOUR USE OF THESE SITES EXCEED, IN THE AGGREGATE, $25.00.
Your use of CaptionMate is at your sole risk. CaptionMate is provided on an "AS IS" and "AS AVAILABLE" basis.
Clarity Products, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) CaptionMate will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) CaptionMate is free of viruses or other harmful components; or d) using CaptionMate will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Tennessee, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding CaptionMate.
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use CaptionMate.
If you have any questions about these Terms, please contact us at.