Employer liability moving to VoIP system.

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imatechguy

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My jurisdiction is: Kansas

My employer, in Kansas, recently began the move from desk phones with the traditional land line to a VoIP system via an employees computer in an effort to save costs. After having been using this system for the past month or so I just received an email yesterday titled "EMPLOYEE ACKNOWLEDGMENT OF 911 SERVICE AND LIMITATIONS". It goes into great detail about how 911 and E911 services are based on the registered site of a phone number; how as a result of the nature of the way VoIP service works the enhanced 911 service may not work at all in some areas, and how without power and an internet connection the phone thus the ability to even make a 911 call will not be possible. I understand they need to provide this information and that I need to acknowledge that I comprehend it. My concern is point 7 (below) and how that impacts myself or my family since the traditional land line desk phone will be non-existent at the completion of this conversion.


7. Limitation of Liability and Release. X is not liable for any failure to access emergency services when using the Service. Employee hereby releases and discharges X, its affiliates and subsidiaries, and their respective officers, directors and employees from any and all claims, losses, damages, fines, penalties, costs, expenses and liability arising out Employee's use of the Service, and hereby acknowledges that X is not liable for any failure or outage of the Service, including those related to 911 dialing. This release and waiver extends to all claims of any kind or nature whether foreseen, known or unknown.​



So my question is how binding is this? Would it hold up in court? Could it influence medical, death or AD&D benefit payments? If it comes down to negligence on the part of the employer that created the emergency and/or was responsible for there not being immediate access to 911 services which delayed needed medical treatment does this prevent myself or my family from taking legal action against them?


Thank you.
 
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