Purchase Order Terms & Conditions
1. General
The following terms and conditions, together with such terms as are set forth in the Purchase Order (“Form”), with such plans, specifications or other documents as are incorporated by reference , as amended in any subsequent authorized writing from Buyer, shall constitute the entire contract (the “Purchase Order”) between FSN Services Corporation (“Buyer”) and the vendor Name listed on the first page of the Purchase Order (“Supplier.”) If bid documents, performance specifications, technical product descriptions or other similar descriptive materials submitted by Supplier in connection with the Purchase Order, or Supplier’s proposal, have been incorporated by reference, these shall not be deemed to supersede any contrary requirements of Buyer, but to the extent that such materials are not inconsistent with Buyer’s requirements, they shall constitute a part of the basis of this agreement. If this Purchase Order is construed as an offer, this offer expressly limits acceptance to the terms of this offer and notice of objection to any different or additional terms in any response to this offer is hereby given. If this Purchase Order is construed as an acceptance of an offer, this acceptance is expressly conditioned upon the offeror’s assent to any different or additional terms contained or referenced in this Purchase Order. If this Purchase Order is construed as a confirmation of an existing contract, the parties agree that this confirmation states the exclusive terms of any contract between the parties. This Purchase Order shall be deemed to have been accepted by the Supplier upon receipt by the Buyer of any writing, including a writing transmitted by fax or other means of electronic transmission, indicating acceptance, or by any of the following: (i) shipment of the goods or any portion thereof, (ii) commencement of any work on site or (iii) performance of any services hereunder.

2. Electronic/Facsimile Transmission
If this Purchase Order is transmitted by fax or by other means of electronic transmission, such transmission shall have the legal significance of a duly executed original delivered to the Supplier, but only if the Transmit Terminal Identification on the Form includes the notation “Penn Purchasing Services.”

3. Payment
Discount terms are as set forth in the Form. If no terms are specified, the net amount shall be payable within 30 days after the later of (i) delivery and acceptance of goods or other performance conforming with the terms of this Purchase Order and (ii) invoicing. Except as otherwise provided in the Purchase Order, the price includes all applicable Federal, State and local taxes and duties. Supplier assigns to Buyer all rights to refunds of sales and use taxes paid in connection with this Purchase Order and agrees to cooperate with Buyer in the processing of any refund claims. Unless expressly otherwise provided in the Form, Buyer shall not be liable for any shipping, handling, fuel surcharges or similar fees.

4. Time
If delivery or completion dates can not be met, Supplier shall inform Buyer immediately. Such notice shall not, however, constitute a change to the delivery or completion terms of this Purchase Order unless Buyer modifies this Purchase Order in writing. If any item is not received or if any element of the work is not completed by the date specified, the Buyer, at Buyer’s option and without prior notice to Supplier, may either approve a revised date or may cancel this Purchase Order and may obtain such goods or work elsewhere and in either event the Supplier shall be liable to the Buyer for any resulting loss incurred by the Buyer. Supplier’s sole remedy for a delay caused by Buyer shall be an extension in the time for Supplier’s performance equal to the duration of Buyer’s delay. Supplier shall not be liable for damages resulting from Supplier’s failure to deliver or complete, or for delays in delivery or completion, caused solely by strikes not caused by or within the control of Supplier, lock-outs not caused by or within the control of Supplier, fires, war or acts of God. TIMING OF DELIVERY AND/OR PERFORMANCE OF THE WORK IS OF THE ESSENCE OF THIS PURCHASE ORDER.

5. Improper Performance and Disputes
In addition to other remedies provided by law, Buyer reserves the right to reject any goods or to revoke any previous acceptance and to cancel all or any part of the Purchase Order if Supplier fails to deliver all or any part of the goods or perform any of the work in accordance with the terms and conditions of this Purchase Order. Acceptance of any part of the Purchase Order shall not bind the Buyer to accept any future shipments or work, nor deprive it of the right to return goods already accepted. At Buyer’s option, if Buyer so elects in its sole discretion with regard to any particular dispute, any dispute arising in connection with this Purchase Order shall be resolved by arbitration in Philadelphia, PA in accordance with the rules of the American Arbitration Association; and all disputes shall otherwise be resolved in and only in the Court of Common Pleas of Philadelphia County, PA as the exclusive judicial forum.

BUYER AND SELLER WAIVE THEIR RIGHT TO A JURY TRIAL WITH REGARD TO ANY DISPUTE ARISING IN CONNECTION WITH THIS PURCHASE ORDER.

6. Warranty
Supplier expressly warrants all (i) goods delivered under this Purchase Order to be free from defects in material and workmanship and to be of the quality, size and dimensions ordered and (ii) work performed under this Purchase Order to be in conformity with all plans, specifications and other data incorporated as part of this Purchase Order. Notwithstanding any limitation of warranty, Supplier further represents and warrants that the supply, quality and fitness for the purpose of the goods or services will not be impaired, disrupted or interrupted in whole or in part by the occurrence of any leap year. These express warranties shall not be waived by reason of acceptance or payment by the Buyer. This Purchase Order incorporates by reference all terms of the Uniform Commercial Code as adopted in the Commonwealth of Pennsylvania (the “UCC”) providing any protection to Buyer for goods, including but not limited to all warranty protection (express or implied) and all of Buyer’s remedies under the UCC. All goods and work shall also be subject to any stricter warranties specified in the Purchase Order or in other materials incorporated by reference.

7. Risk of Loss
Unless the Purchase Order expressly states otherwise, all goods shall be shipped FOB: the “Ship to” location designated in the Form. Risk of loss shall not pass to Buyer until goods called for in this Purchase Order actually have been received and accepted by the Buyer at the destination specified herein. Supplier assumes full responsibility for packing, crating, marking, transportation and liability for loss and/or damage even if Buyer has agreed to pay freight, express or other transportation charges.

8. Indemnity and Hold Harmless
From and after the date of this Purchase Order, the Supplier agrees to indemnify, defend and hold harmless the Buyer from any and all claims and liabilities, regardless of by whom such claim or liability may be asserted, for personal injury (including death), or loss or damage to property, or otherwise that may result directly or indirectly from the use, possession or ownership of the goods or from the services provided by Supplier pursuant to this Purchase Order.

With regard to Supplier’s obligation to defend, the Buyer shall have the right to select the legal counsel whom Supplier shall provide to defend any Indemnified Party, subject to Supplier’s approval of the qualifications of such legal counsel and the reasonableness of counsel’s hourly rates as compared to the rates of attorneys with similar experience and qualifications in the relevant area of legal expertise and in the jurisdiction where the claim will be adjudicated. If the Buyer elects, in its sole discretion, to retain separate legal counsel, in addition to or in lieu of the counsel to be provided by Supplier, then all costs and expenses incurred by the Buyer for such separate counsel shall be borne by the Buyer and the Supplier shall reasonably cooperate with the Buyer and its separate legal counsel in the investigation and defense of any such claim or action. Supplier shall not settle or compromise any claim or action giving rise to Claims in a manner that imposes any restrictions or obligations on Buyer without Buyer’s prior written consent. If the Buyer elects to require that Supplier defend a Claim pursuant to this paragraph, and Supplier fails or declines to assume the defense of such Claim within thirty (30) days after notice thereof, the Buyer may assume the defense of such Claim for the account and at the risk of Supplier, and any Liabilities related thereto shall be conclusively deemed a liability of Supplier. The indemnification rights of the Indemnified Parties contained herein are in addition to all other rights which such Indemnified Party may have at law or in equity or otherwise.

9. Assignment/Subcontracting

Neither party shall have any right to assign this Purchase Order or any benefits arising from this Purchase Order without prior written consent of the other and, unless otherwise agreed upon in writing, the rights of any assignee shall be subject to all set-offs, counterclaims, and other comparable rights arising hereunder. Supplier shall not, except in the case of raw materials, castings, forgings or rough welded structures, or standard commercial goods, or except as otherwise agreed in writing by the Buyer, delegate or subcontract the work on any item of material or service to be delivered or performed under this Purchase Order.

10. Insurance

In connection with the Purchase Order, Supplier, at its own cost and expense, shall obtain and maintain in force during the term of this Purchase Order, the following insurance coverage:

a. A policy of workers’ compensation insurance, in amounts required by law, covering all officers and employees of Supplier who are in any way engaged in or connected with the Purchase Order, and employer’s liability insurance in an amount of not less All of these insurance policies shall be issued by insurance companies with an AM Best rating of “A” or higher and a financial strength rating of VII or higher, or equivalent ratings provided by a disinterested, generally recognized rating agency, which companies shall be licensed or permitted to conduct business in the Commonwealth of Pennsylvania. The commercial general liability policy shall name Buyer and Full Service Network LP as an additional insured, and shall be written as primary coverage and not contributing with or in excess of any coverage that the Buyer may carry. Upon request, Supplier shall furnish to Buyer a current certificate of insurance for each of the policies required above. Insurance coverage(s) provided under this Purchase Order shall not limit or restrict in any way the liability of Supplier arising under or in connection with this Purchase Order. Such insurance shall not be canceled or terminated without ten (10) days prior written notice of any cancellation or termination.

than Five Hundred Thousand Dollars ($500,000). Supplier shall require its agents, sub-suppliers and subcontractors, who are
in any way engaged in or connected with the Purchase Order to maintain the same insurance as required herein of Supplier.
b. A policy of commercial general liability insurance with broad form property damage endorsement, personal injury and products
completed operations coverage, affording protection in an amount of not less than Two Million Dollars ($2,000,000) per
incident and in the aggregate, with respect to personal injury, death, or damage to property.
c. If this Purchase Order contemplates professional services, a policy of professional liability insurance, including errors and
omissions, affording protection of not less than One Million Dollars ($1,000,000) per incident and One Million Dollars
($1,000,000) in the aggregate.
d. A policy of comprehensive automobile liability insurance covering the operation of all motor vehicles used by Supplier or its
agents in connection with this Purchase Order, affording protection in an amount of not less than One Million Dollars
($1,000,000) combined single limit with respect to personal injury, death, or damage to property.
11. Compliance with Laws and Regulations

The Supplier agrees to comply with all applicable federal, state, and local laws and regulations. If this Purchase Order is issued pursuant to a contract between the Buyer and the federal government, the provisions of OMB Circular A-110 (1993)-Appendix A shall apply in accordance with their terms. OMB Circular A-110 mandates compliance with the Copeland “Anti-Kickback” Act, the Davis-Bacon Act, and the Contract Work Hours and Safety Standards Act, Sections 102 and 107. If the amount of this Purchase Order exceeds One Hundred Thousand Dollars ($100,000) and any portion of the Purchase Order is funded by the federal government, Supplier shall file the certifications required by the Byrd Anti-Lobbying Amendment, and shall comply will all applicable standards, orders and regulations issued pursuant to the Federal Water Pollution Control Act and the Clean Air Act. Supplier shall provide certification regarding its and its principal employees’ exclusion status upon request. COPIES OF OMB CIRCULAR A-110 (1993) APPENDIX-A AND INFORMATION REGARDING THE SOURCE OF FUNDS FOR THIS PURCHASE ORDER WILL BE PROVIDED TO SUPPLIER UPON REQUEST.

12. Termination Without Cause

Buyer, in its sole discretion and without cause, may terminate this Purchase Order, in whole or in part, at any time without incurring liability to Supplier for lost profits, or any other costs or damages, other than the proportionate value of the purchase price for work completed on site or goods delivered. Payment due shall be a percentage of the purchase price equal to the percentage of the work completed and/or any unit prices in the purchase price specified for goods delivered. Supplier’s warranties, and Supplier’s liability for defective or non-conforming work or goods, as well as sections 5, 6, 8, 10, 11 and 17 of these Terms and Conditions, shall survive termination and remain in full force and effect.

13. Additional Provisions for Work Performed on Site
The provisions set forth in Paragraphs 16(a) through 16(d) below shall apply to work performed at locations owned, leased or otherwise controlled by Owner (“Owner’s Site”) unless Exhibit “B” applies. For construction work, Exhibit “B” of these terms and conditions sets forth alternate provisions and requirements that shall apply in lieu of Paragraph 16(a) through 16(d).

a.
The Supplier shall maintain on the Site at all times a sufficient work force to carry out its obligations in an efficient and timely manner. The Supplier shall employ only competent, skilled, reliable and honest workmen who will work in harmony with other workmen on the Site. All persons furnished by Supplier shall be deemed Supplier’s employees or agents, and Supplier shall comply with all applicable statutes regarding worker’s compensation, employer’s liability, unemployment compensation, and/or old age benefits and all other applicable laws relating to or affecting the employment of labor. At the Owner’s instruction, the Supplier shall promptly remove from the Site any employee who, in the Owner’s opinion, represents a threat to the safety or progress of the Project or persons on the Site, or who has engaged in any improper conduct, specifically including (without limitation) conduct which the Owner perceives as constituting harassment of students or other persons.
b.
Supplier shall secure all materials and the site where Work is performed, and shall leave all areas broom clean (unless a more stringent cleanliness standard is set forth in documents that are incorporated in this Purchase Order by reference) and in a safe condition at the end of each work day and upon completion of the Work. In case of dispute, Owner may remove waste at Supplier’s expense.
c.
Supplier shall ensure that federal, state and county of residence criminal background checks are conducted on all persons performing Work at the Site, and shall exclude from the Site any dishonest, dangerous or otherwise unqualified persons.
d.
In the event of an emergency threatening health, life or property, the Supplier shall take such action as may be necessary to save lives and protect persons from injury and, this being done, to protect and preserve property. The Supplier shall notify the Owner of any such emergency as promptly as is practicable under the circumstances.

• updates,
• supplements,
• Internet-based services, and
• support services

• pool connections,
• reroute information, or
• reduce the number of devices or users that directly access or use the software (sometimes referred to as “multiplexing” or “pooling”), does not reduce
  the number of licenses you need.

• embed fonts in content as permitted by the embedding restrictions in the fonts; and
• temporarily download them to a printer or other output device to print content.

For Interfering Station and Migration Issues Contact:

LSR Port Out Requests:
Fax: 412-248-6881

First Level:
David Stahli
412-745-9000 x224

Second Level:
Steve Simpson, Manager
412-745-9000 x268

Please Click Here to Fill Out the Form to Address Call Blocking Concerns

FULL SERVICE NETWORK WIFI TERMS OF SERVICE

Welcome to FSN WiFi!

These FSN WiFi Terms of Service apply to anyone using FSN WiFi services.

Note: These FSN WiFi Terms of Service contain a binding arbitration provision below that affects your rights with respect to the FSN WiFi Service.

The FSN WiFi service (“WiFi Service” or “Service”) is available to you at select locations. Before you use the Service, you should read and must agree to these FSN WiFi Terms of Service (the “WiFi Terms”). By using the WiFi Service, you agree to the WiFi Terms, which form a binding agreement between you and Full Service Network, LP on behalf of itself and its affiliates (collectively, “FSN”, “we”, “us” and similar).

These WiFi Terms only apply to your use of the FSN WiFi Service through an access point owned or controlled by FSN. If you access the Internet through another Internet service provider, then its terms also apply to your use of that service.

Acceptable Use & Privacy

The WiFi Service provides Internet access over a wireless network using standard WiFi

protocols. You can use the service to connect WiFi-compliant devices like a mobile phone, tablet, or laptop computer to the Internet.

When you use the WiFi Service, you agree that you will not:

• Conduct any information restrictions

• undertake or accomplish any unlawful purpose, including without limitation by posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;

• post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;

• upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;

• transmit unsolicited bulk or commercial messages commonly known as “spam;”

• send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;

• initiate, perpetuate, or in any way participate in any “pyramid” or other illegal scheme;

• participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;

• collect responses from unsolicited bulk messages;

• falsify, alter, or remove message headers;

• falsify references to FSN or its network, by name or other identifier, in messages;

• impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);

• violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or web site that you access or use;

Technical restrictions

• access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;

• use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;

• copy, distribute, or sublicense any proprietary software provided in connection with the Service by FSN or any third party, except that you may make one copy of each software program for back-up purposes only;

• distribute programs that make unauthorized changes to software (cracks);

• use or run dedicated, stand-alone equipment or servers, also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers;

• use or run programs that provide network content or any other services, except for personal and non-commercial use;

• service, alter, modify, or tamper with any FSN equipment or service or permit any other person who is not authorized by FSN to do so;

Network and usage restrictions

• use the Service for any purpose other than personal and non-commercial use;

• use the Service for operation as an Internet service provider or for any business, other legal entity, or organization purpose (whether or not for profit);

• restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or impede others’ ability to use, send, or retrieve information;

• restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any FSN (or FSN supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any FSN (or FSN supplier) facilities used to deliver the Service;

• resell the Service, in whole or in part, directly or indirectly;

• interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host;

• falsify, alter, spoof, or otherwise modify or change any Internet protocol (“IP”) or Media Access Control address (sometimes called a MAC address) assigned to or associated with your device to access the WiFi Service; or access and use the Service with anything other than a dynamic IP address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure your device to use this Service or any related equipment to access or use a static IP address or use any protocol other than DHCP.

General Terms of Service

Using the Service 

In order to access and use the FSN WiFi Service, you: (1) may need to provide

accurate and complete registration information; (2) must have a

wireless-enabled device (compliant with the IEEE 802.11g or n standards, and or

any later standard we support) with a web browser or its equivalent; (3) must provide

all equipment and software necessary to connect to the Service (other than the access

point provided by FSN); (4) must protect the password, username and security

information you use to access the Service and notify FSN immediately of any

unauthorized use of your account that you become aware of, (5) must comply with

applicable laws and regulations, including but not limited to copyright and

intellectual property rights laws, and (6) must be at least 18 years of age.

Content Disclaimer 

FSN does not control and is not responsible for data, content, services,

applications, or products that you use, access, or download through the FSN

WiFi Service. We may, but are not obliged to, block data transmissions to

protect FSN, the FSN network, or the public.

Termination

FSN reserves the right at any time to terminate your use of the Service if you fail

to comply in full with any term of the WiFi Terms, or any other terms,

agreements, or policies that apply to this WiFi Service and the use of it. If

you paid to access the WiFi Service on PPU (pay per use) basis, you may contact

FSN by phone at 1-888-347-6000 to terminate the Service.

Indemnification

You agree to indemnify, defend, and hold harmless FSN (including its parents,

subsidiaries, and affiliates and all of their respective officers, directors,

employees, agents, licensors, suppliers and third party providers, agents,

suppliers, distributors, licensors and associated businesses (and their

respective officers, employees, agents, affiliates, contractors or

representatives) against all claims, losses, expenses, damages and costs

(including reasonable attorney fees) resulting from any breach of the WiFi

Terms or unauthorized use of the WiFi Service. Your indemnification obligation

shall survive your use of the WiFi Service and the termination of the WiFi

Terms. At our expense and election, we reserve the right to assume the

exclusive defense and control of any matter subject to indemnification by you

and you agree to cooperate with FSN in connection with our defense.

Disclaimer of Warranties and Liability 

YOU AGREE THAT YOUR USE OF THE WIFI SERVICE IS AT YOUR SOLE

RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE

THROUGH THE WIFI SERVICE, AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION AND

WIFI TECHNOLOGY, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES,

OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE WIFI SERVICE OR ANY

MATERIAL AVAILABLE THROUGH THE WIFI SERVICE, YOU DO SO AT YOUR OWN RISK. YOU

UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER

SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED

FROM OR OTHERWISE PROVIDED THROUGH THE WIFI SERVICE.

THE WIFI SERVICE IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND

“AS AVAILABLE.” FSN AND ITS SUPPLIERS, PROVIDERS, AND LICENSORS

CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS,

NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE

WIFI SERICE OR THE INFORMATION AVAILABLE THROUGH IT, NOR DO WE OR THEY

GUARANTEE THAT THE WIFI SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE,

OR THAT THE WIFI SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL FSN (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AFFILIATES,

CONTRACTORS OR REPRESENTATIVES) OR ITS THIRD PARTY PROVIDERS, AGENTS,

SUPPLIERS, DISTRIBUTORS, LICENSORS AND ASSOCIATED BUSINESSES (AND THEIR

RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS OR

REPRESENTATIVES) (COLLECTIVELY, THE “DISCLAIMING PARTIES”) BE LIABLE

TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE

WIFI SERVICE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL,

SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND

OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION

INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN

CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH

STATES, THE LIABILITY OF THE DISCLAIMING PARTIES IS LIMITED TO THE FULLEST

EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF THE

DISCLAIMING PARTIES ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED

TO THE WIFI SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO FSN FOR THE USE OF

THE WIFI SERVICE.

TO ANY EXTENT THAT THE ABOVE DOES NOT APPLY, YOU AGREE THAT THE LIABILITY OF THE

DISCLAIMING PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY

CONNECTED TO THE WIFI SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE

AMOUNT YOU PAID TO FSN FOR THE USE OF THE WIFI SERVICE.

Changes In the WiFi Terms and the WiFi Service; Termination. 

We may modify or terminate the WiFi Service and the WiFi Terms and any accompanying policies, for any reason, and without notice, without liability to you. Please review the WiFi Terms from time to time so that you will be aware of any changes. We will attempt to

notify you at the email address you provided when you signed up that we have an

updated WiFi Terms available to you before any changes take effect. You understand and agree that if you use the FSN WiFi Service after the date on which the updated WiFi Terms take effect; we will treat your use as acceptance of the updated Terms.

Copyright Infringement

FSN is committed to complying with U.S. copyright and related laws, and requires all users of the FSN WiFi Service to comply with these laws. Accordingly, you may not use the FSN WiFi Service to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law.

If you are the owner of a copyrighted work and believe your rights under U.S. copyright

law have been infringed by any material on the WiFi Service, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) by sending FSN’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon FSN’s receipt of a satisfactory notice of claimed infringement, FSN will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) accessible through the FSN WiFi Service or (ii) to disable access to the work(s). It is FSN’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to the FSN WiFi Service (or any part of those services) for any user who is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who FSN, in its sole discretion, believes is infringing these rights. FSN may terminate access to the FSN WiFi Service at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked

by mistake or misidentification, then that person may send a counter notification to FSN. Upon FSN’s receipt of a counter notification that satisfies the requirements of DMCA, FSN will provide a copy of the counter notification to the person who sent the original notification of claimed

infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that FSN will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

Copyright owners may send FSN a notification of claimed infringement to report alleged infringements of their works to:

Full Service Network

Attn: DMCA Department

600 Grant Street, 51st Floor

Pittsburgh, PA 15219

Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to FSN, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If a notification of claimed infringement has been filed against you, you can file a counter notification with FSN’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

Binding Arbitration

1. Purpose.

If you are not a subscriber to FSN services, and have a Dispute (as defined below) with

FSN regarding the WiFi Service that cannot be resolved directly with FSN, you or FSN may elect to arbitrate that Dispute in accordance with the terms of this section (the “Arbitration Provision”) rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in

arbitration may result in limited discovery and may be subject to limited review by courts.

1. Definitions.

The term “Dispute” means any dispute, claim, or controversy between

you and FSN regarding the FSN WiFi Service, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision. “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Provision,

“FSN” means Full Service Network, LP and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.

1. Right to Opt Out.

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY FSN

IN WRITING WITHIN 30 DAYS OF THE LATER OF YOUR USE OF THE WIFI SERVICE AND

AGREEMENT TO THE WIFI TERMS, OR APRIL 5, 2013, BY MAIL TO FULL SERVICE NETWORK,

600 GRANT ST, FLOOR 51, PITTSBURGH, PA 15219 ATTN: LEGAL DEPARTMENT/ARBITRATION. YOUR WRITTEN NOTIFICATION TO FSN MUST INCLUDE YOUR NAME, ADDRESS AND EMAIL ADDRESS OR TELEPHONE NUMBER BY WHICH WE CAN CONTACT YOU AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH FSN THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH FSN OR THE DELIVERY OF SERVICES TO YOU BY FSN. IF YOU HAVE PREVIOUSLY NOTIFIED FSN OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

1. Initiation of Arbitration Proceeding/Selection of Arbitrator.

If you or FSN elect to resolve your Dispute through

arbitration pursuant to this Arbitration Provision, the party initiating the

arbitration proceeding may open a case with the American Arbitration

Association – Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees,

NJ 08043, 877-493-4185, www.adr.org under

the Commercial Arbitration Rules of the American Arbitration Association

“AAA”.

1. Arbitration Procedures.

Because the FSN WiFi Service concern interstate commerce, the Federal

Arbitration Act (“FAA”), not state arbitration law, shall govern the

arbitrability of all Disputes. However, applicable federal law or the law of

the state where you access the WiFi Service may apply to and govern the

substance of any Disputes. No state statutes pertaining to arbitration shall be

applicable under this Arbitration Provision.?If there is a conflict between

this Arbitration Provision and the rules of the arbitration organization, this

Arbitration Provision shall govern. If AAA will not enforce this Arbitration

Provision as written, it cannot serve as the arbitration organization to

resolve your dispute with FSN. If this situation arises, the parties shall

agree on a substitute arbitration organization. If the parties are unable to

agree, the parties shall mutually petition a court of appropriate jurisdiction

to appoint an arbitration organization that will enforce this Arbitration

Provision as written. If there is a conflict between this Arbitration Provision

and the rest of these Terms, this Arbitration Provision shall govern. A single

arbitrator will resolve the Dispute. The arbitrator will honor claims of

privilege recognized by law and will take reasonable steps to protect customer

account information and other confidential or proprietary information. The

arbitrator will make any award in writing but need not provide a statement of

reasons unless requested by a party. An award rendered by the arbitrator may be

entered in any court having jurisdiction over the parties for purposes of

enforcement. If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a

written notice of appeal filed within thirty (30) days from the date of entry

of the written arbitration award. The members of the three-arbitrator panel will

be selected according to the rules of the arbitration organization. The

arbitration organization will then notify the other party that the award has

been appealed. The three-arbitrator panel will issue its decision within one

hundred and twenty (120) days of the date of the appealing party’s notice of

appeal. The decision of the three-arbitrator panel shall be final and binding,

except for any appellate right which exists under the FAA.

1. Restrictions:

YOU MUST CONTACT US WITHIN ONE (1)

YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A

DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT,

FACTS, OR DISPUTE.

ALL PARTIES TO THE ARBITRATION MUST

BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO

BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES

INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF

THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR

OTHER PERSONS.

1. Location of Arbitration.

The arbitration will take place at a location convenient to you in an area where you access the FSN WiFi Service.

1. Payment of Arbitration Fees and Costs.

FSN WILL ADVANCE ALL ARBITRATION FILING FEES AND

ARBITRATOR’S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE

COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS

THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR

ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN FSN’S

FAVOR, YOU SHALL REIMBURSE FSN FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP

TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING

IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE FSN FOR ANY

OF THE FEES AND COSTS ADVANCED BY FSN. IF A PARTY ELECTS TO APPEAL AN AWARD TO

A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED

TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, FSN

WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

1. Severability.

If any clause within this Arbitration Provision is found to be illegal or

unenforceable, that clause will be severed from this Arbitration Provision, and

the remainder of this Arbitration Provision will be given full force and

effect. If the class action waiver clause is found to be illegal or

unenforceable, the entire Arbitration Provision will be unenforceable, and the

dispute will be decided by a court. In the event this entire Arbitration

Provision is determined to be illegal or unenforceable for any reason, or if a

claim is brought in a Dispute that is found by a court to be excluded from the

scope of this Arbitration Provision, you and FSN have each agreed to waive, to

the fullest extent allowed by law, any trial by jury.

1. Exclusions from Arbitration.

YOU AND FSN AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT

TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY FSN THAT IS NOT AGGREGATED

WITH THE CLAIM OF ANY OTHER USER OF THE FSN WIFI SERVICE AND WHOSE AMOUNT IN

CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO

ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S

INTELLECTUAL PROPERTY RIGHTS; (3) ANY DISPUTE RELATED TO OR ARISING FROM

ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF THE WIFI SERVICE;

(4) ANY DISPUTE THAT ARISES BETWEEN FSN AND ANY STATE OR LOCAL REGULATORY

AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL, STATE, OR LOCAL LAW TO GRANT

A FRANCHISE UNDER 47 U.S.C. § 522(9); AND (5) ANY DISPUTE THAT CAN ONLY BE

BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.

Miscellaneous 

The WiFi Terms in this agreement has been made in and shall be construed in accordance

with the laws of the Commonwealth of Pennsylvania. By using this WiFi Service,

you consent to the exclusive jurisdiction of the state and federal courts in

Pittsburgh, Pennsylvania, in all disputes arising out of or relating to the

WiFi Terms agreement or this WiFi Service, subject to the above dispute

resolution section. If any portion of the WiFi Terms agreement is held to be

unenforceable, the unenforceable portion shall be severable or construed in accordance

with applicable law as nearly as possible to reflect the original intentions of

the parties and the remainder of the provisions shall remain in full force and

effect.

You acknowledge and agree that each member of the group of companies of which Full

Service Network is the parent or is in any way affiliated with or to shall be a

third-party beneficiary to the WiFi Terms and that these other companies shall

be entitled to directly enforce, and rely upon, any provision of the WiFi Terms

which confers a benefit on (or rights in favor of) them. Other than this, no

other person or entity shall be a third-party beneficiary to the WiFi Terms.

We hope you enjoy using this WiFi Service, and we welcome suggestions for improvements.

Specifically in regards to the FSN Wifi Service available at 600 Grant Street, Pittsburgh,

PA 15219, 600 Grant Street Associates in no way endorses services and is not

liable for the installation, operation, modification, or replacement of the

service.

Last revised June 19, 2014.

Terms and Conditions of FSN Inside Wire Maintenance

Full Service Network LP (“FSN”) offers the Inside Wire Maintenance for residence customers. Having the plan is not a prerequisite for obtaining service from FSN. The following terms and conditions will govern the provision of the plan. 

Description of the Plan 

Inside Wire Maintenance: This is an optional service. In accordance with FSN’s standard procedures, FSN will perform such diagnostics and repairs to the Customer’s standard inside telephone wire and jack(s) associated with each FSN dial tone line covered under the Plan (subject to the Plan Exclusions listed below) that become necessary and are reported to FSN while you are enrolled under the Plan. Trouble isolation can often be accomplished through office testing facilities. We reserve the right to dispatch at our discretion to isolate service problems. If the problem is found to be in your telephone equipment, inside wire, or jack(s), you will not be billed a service charge. 

To request maintenance service under the Plan, the Customer should call the FSN repair service telephone number as listed on your invoice.

1. CHARGES The charges for the Plan are subject to change by FSN from time to time, as more fully described in the next paragraph. All charges, plus all applicable taxes, shall be due and payable by the due date stated on FSN’s bill. Payments received after that date may be subject to a late payment charge. 

2. CHANGES IN MONTHLY CHARGES, TERMS AND CONDITIONS:  THE CHARGES FORTHE PLAN, AND ANY OTHER TERMS AND CONDITIONS APPLICABLE TO THE PLAN, MAY BE CHANGED BY FSN AT ANY TIME UPON WRITTEN NOTICE (WHICH MAY BE IN THE FORM OF A NOTIFICATION ON THE MONTHLY INVOICE OR OTHER WRITTEN NOTIFICATION). THE PAYMENT OF APPLICABLE CHARGES BYTHE CUSTOMER, OR A REQUEST FOR SERVICE UNDER THE PLAN, AFTERRECEIVING SUCH NOTICE OF A CHANGE IN THE CHARGES OR OTHER TERMSAND CONDITIONS WILL BE DEEMED TO BE ASSENT BY THE CUSTOMER TO THECHANGE(S) IN THE CHARGES, TERMS OR CONDITIONS. IF THE CUSTOMER DOESNOT WISH TO CONTINUE RECEIVING THIS PLAN UNDER SUCH REVISEDCHARGES, TERMS OR CONDITIONS, CUSTOMER MAY SIMPLY TERMINATEPARTICIPATION UNDER THE PLAN AT ANY TIME UPON NOTICE TO FSN.

3. LIMITED 30-DAY WARRANTY FSN warrants for a period of 30 days that work performed and products delivered under the Plan will meet accepted industry practices and be free from defects in materials or workmanship. Should any work performed hereunder fail to meet these standards and be reported to FSN within said 30-day period, FSN shall re-perform the nonconforming services, and/or repair or replace the nonconforming product(s). Such re-performance of work and/or repair or replacement of nonconforming products, shall constitute the entire liability of FSN and sole remedy of the customer under this warranty, whether claim or remedy is sought in contract, tort (including negligence), strict liability, or otherwise. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN OR IMPLIED, IN FACT OR IN LAW. FSN DISCLAIMS ANY AND ALL WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

4. LIMITATION OF LIABILITY THE LIABILITY, IF ANY, OF FSN, ITS AFFILIATED COMPANIES, THEIR EMPLOYEES, AGENTS AND CONTRACTORS TO THE CUSTOMER OR TO ANY OTHER PERSON FOR DAMAGES RESULTING FROM THE PROVISION OF OR FAILURE TO PROVIDE SERVICE UNDER THE PLAN, OR FROM ANY FAULT, FAILURE, DEFECT OR DEFICIENCY IN ANY SERVICE, LABOR, MATERIAL, WORK OR PRODUCT FURNISHED IN CONNECTION WITH  THE PLAN, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED $500.00.  IN NO EVENT, HOWEVER, SHALL FSN, ITS AFFILIATED COMPANIES, THEIR EMPLOYEES, AGENTS AND CONTRACTORS HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PROVISION OF OR FAILURE TO PROVIDE SERVICE UNDER THE PLAN, OR FROM ANY FAULT, FAILURE, DEFECT OR DEFICIENCY IN ANY SERVICE, LABOR, MATERIAL, WORK OR PRODUCT FURNISHED IN CONNECTION WITH THE PLAN (SUCH AS, BUT NOT LIMITED TO, TELEPHONE SERVICE OUTAGES AND ANY LOSS OF USE OF WIRING, JACKS OR TELEPHONE EQUIPMENT, AND ANY DAMAGES RESULTING THEREFROM). THESE LIMITATIONS OF AND EXCLUSIONS FROM LIABILITY SHALL APPLY REGARDLESS OF WHETHER A CLAIM OR REMEDY IS SOUGHT IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE. 

5. PLAN ELIGIBILITY The Plan is offered only to FSN’s residential telephone Customers who use standard one- or two-line telephone set(s). The Plan is not available to Customers with multi-line telephone systems or services (such as multi-line sets associated with common equipment, key telephone systems, or private branch exchange (PBX) equipment). ISDN (BRI) service and FSN High Speed Internet service are eligible for coverage under the Inside Wire Maintenance. 

Exclusions: 

The Plan does not apply to repair of/or: 

1. Wire/cable larger than 8-pair, unless otherwise expressly agreed by FSN. Provided, however, if problems are determined to be caused by defective conductors in wire/cable larger then 8-pair, FSN will re-terminate service to useable conductors to restore service; to the extent that spare useable conductors are available and to the extent that access to the point of termination is not denied by the Customer, the building owner or the building manager.
2. Wire or jack malfunctions or problems which arise prior to the commencement of the Customer’s coverage under the Plan, or which are caused by misuse, abuse, riot, acts of war, terrorism, malicious activity, vandalism, riot., fire and acts of nature other than lightning, such as floods, windstorms and earthquakes.
3. Inside telephone wiring and jack(s) which are non-standard or do not comply with Part 68 of the Federal Communications Commission, NEC, ANSI/ICEA Rules and Guidelines, or fail to meets’ technical standards. NOTE: If it is possible to fix the trouble by making temporary repairs to non or sub-standard wiring, IWMP will cover the temporary repairs;
4. Malfunctions resulting from the use of telephone lines intended for voice grade transmission to transmit or receive data or signals beyond the operating capabilities of the line; 
5. Restoration of your premises if you ask FSN to repair concealed wire 
6. The Customer’s telephones or other premises equipment 
7. Inside telephone wiring, jacks or other items used in connection with your telephone line if the line is provided by a Company other than FSN 
8. Repair or replacement caused by fire and/or burst pipes. (This is normally covered under the customer’s homeowner insurance.) 
9. Repair of damage caused by a second party. For example, carpet layer/contractor cutting IW or damaging IW or jacks 
10. Repair of marine, recreational vehicle (RV), and construction trailer jacks and wiring 
11. Repair of IW or jacks associated with complex IW, WATS or data services 
12. Repair of customer provided equipment (instruments, modems, security systems, satellite TV dishes, etc.). Repair of jacks not previously connected to the line reported 
13. Extensions located at a different address. (IWMP covers IW that is within the same property lines as the main line) 

Notes: 

(1) If a Technician comes to your home to perform repairs to your inside wire or jack(s), and the problem is in your telephone or associated equipment (e.g., modem or fax machine), you will be required to pay an Equipment Trouble Charge for the visit at FSN’s then-applicable rates. 

(2) On all repairs FSN does not “fish” walls. If wall-run wire cannot be used to run replacement wire the FSN Technician will run replacement cable via baseboard only. 

6. TERMINATION  The Customer may terminate participation in the Plan at any time simply by notifying FSN’s local business office (or such other number that FSN may designate for such purpose). 

FSN may terminate the Customer’s participation in the Plan without cause only upon thirty (30) days prior notice to Customer, but at any time in the event Customer fails to pay all applicable charges when due. 

7. EFFECTIVE DATE  Commencement and termination of coverage under the Plan shall be effective on a date to be determined by FSN, which shall not be more than 30 days after FSN receives the Customer’s request(s) to commence or terminate the Plan. 

8. CHOICE OF LAW  UNLESS THE CUSTOMER AND FSN AGREE OTHERWISE, THE CUSTOMER AND FSN CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN AN ARBITRATION OR SMALL CLAIMS COURT LOCATED IN ALLEGHENY COUNTY PENNSYLVANIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including state laws relating to consumer transactions, any cause of action or claim the Customer may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. 

9. VOLUNTARY MEDIATION  FSN hopes that all issues related to the Customer’s account or FSN Service can be resolved through FSN’s Customer Service Department, which can be reached by calling the number on the Customer’s bill or going to the Contact Us link on FSN’s website. If FSN does not resolve an issue to the Customer’s satisfaction, the Customer may request voluntary mediation.  FSN offers customers the option of participating in a free internal mediation program. This program is entirely voluntary and does not affect either party’s rights in any other aspect of the dispute resolution procedures outlined in this Agreement. In FSN’s voluntary mediation program, FSN will assign an employee who is not directly involved in the dispute to help both sides reach an agreement. That person has all the rights and protections of a mediator and the process has all of the protections associated with mediation. For example, nothing said in the mediation can be used later in an arbitration or lawsuit. If a Customer would like to know more, or would like to start the mediation process, please contact FSN management at 412-745-9000 or by writing to FSN Management at the address on your invoice. 

10. ARBITRATION OR SMALL CLAIMS ACTIONS.  FSN HOPES TO MAKE YOU A HAPPY CUSTOMER, AND THAT ALL ISSUES RELATED TO THE CUSTOMER’S ACCOUNT OR FSN SERVICE CAN BE RESOLVED THROUGH FSN’S CUSTOMER SERVICE DEPARTMENT, WHICH CAN BE REACHED BY CALLING THE NUMBER ON THE CUSTOMER’S BILL OR GOING TO THE “CONTACT US” LINK ON FSN’S WEBSITE, BUT IF THERE’S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT’S EXPECTED OF BOTH PARTIES.  THE CUSTOMER AND FSN BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. BOTH PARTIES ALSO AGREE IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. 

THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES THE CUSTOMER RECEIVES FROM FSN (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES) WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR BETTER BUSINESS BUREAU (“BBB”). THE CUSTOMER CAN ALSO BRING ANY ISSUES HE/SHE MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, MAY SEEK RELIEF AGAINST FSN ON THE BEHALF OF THE CUSTOMER. 

UNLESS THE CUSTOMER AND FSN AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN ALLEGHENY COUNTY PENNSYLVANIA. FOR CLAIMS OVER $10,000, THE AAA’S ARBITRATION RULES WILL APPLY; IN SUCH CASES, THE LOSER CAN ASK FOR A PANEL OF THREE NEW ARBITRATORS TO REVIEW THE AWARD. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA’S RULES OR THE BBB’S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. THE PROCEDURES, RULES AND FEE INFORMATION ARE AVAILABLE FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM FSN. FOR CLAIMS OF $10,000 OR LESS, THE CUSTOMER MAY CHOOSE WHETHER THE CUSTOMER WOULD LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN–PERSON OR BY PHONE. 

THIS AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR SHALL NOT HAVE THE POWER TO DETERMINE THAT CLASS ARBITRATION IS PERMISSIBLE.  THE ARBITRATOR ALSO SHALL NOT HAVE THE POWER TO PRESIDE OVER CLASS OR COLLECTIVE ARBITRATION, OR TO AWARD ANY FORM OF CLASSWIDE OR COLLECTIVE REMEDY.  INSTEAD, THE ARBITRATOR SHALL HAVE POWER TO AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.  NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT.  NO AAA OR BBB RULE WILL APPLY IF IT CONFLICTS WITH THE PROVISIONS OF THIS AGREEMENT.  IN ADDITION, NOTWITHSTANDING ANY CONTRARY PROVISION IN THE AAA OR BBB RULES, THE ARBITRATOR WILL BE BOUND TO APPLY LEGAL PRINCIPLES AND THE LAWS THAT GOVERN THIS AGREEMENT, AND DOES NOT HAVE THE POWER TO AWARD ANY RELIEF THAT IS NOT AUTHORIZED BY SUCH LAWS. 

IF EITHER PARTY INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO FSN SHOULD BE SENT TO THE ADDRESS ON YOUR BILL. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF THE PARTIES ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. FSN WILL PAY ANY FILING FEE THAT THE AAA OR BBB CHARGES THE CUSTOMER FOR ARBITRATION OF THE DISPUTE. IF THE CUSTOMER PROVIDES A SIGNED WRITTEN NOTICE THAT HE/SHE CANNOT PAY THE FILING FEE, FSN WILL PAY THE FEE DIRECTLY TO THE AAA OR BBB. IF THAT ARBITRATION PROCEEDS, FSN WILL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED LATER, AS WELL AS FOR ANY APPEAL TO A PANEL OF THREE NEW ARBITRATORS (IF THE ARBITRATION AWARD IS APPEALABLE UNDER THIS AGREEMENT). 

FSN MAY, BUT IS NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF THE CUSTOMER DOES NOT ACCEPT THE OFFER AND THE ARBITRATOR AWARDS THE CUSTOMER AN AMOUNT OF MONEY THAT IS MORE THAN OUR OFFER BUT LESS THAN $5000, OR IF FSN DOES NOT MAKE AN OFFER, AND THE ARBITRATOR AWARDS THE CUSTOMER ANY 

AMOUNT OF MONEY BUT LESS THAN $5000, THEN FSN AGREES TO PAY YOU 

$5000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE FSN ALSO AGREES TO PAY ANY REASONABLE ATTORNEYS’ FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR THE CASE. IF THE ARBITRATOR AWARDS THE CUSTOMER MORE THAN $5000, THEN WE WILL PAY THAT AMOUNT TO THE CUSTOMER. 

AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF. 

IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. 

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, THE CUSTOMER AND FSN AGREE THAT THERE WILL NOT BE A JURY TRIAL. THE CUSTOMER AND FSN UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. 

11. GENERAL PROVISIONS  In the event that any of the provisions of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of this Agreement, and this Agreement shall be construed as if it did not contain such invalid or unenforceable provision. FSN shall not be liable for any delay or failure to perform its obligations if such delay or nonperformance arises in connection with any acts of God, fires, floods, strikes, or other labor disputes, unusually severe weather, acts of any governmental body, or any other cause beyond the reasonable control of FSN. 

12. ENTIRE AGREEMENT  These Terms and Conditions constitute the complete and exclusive terms and conditions pursuant to which FSN provides inside wire maintenance services to you; there are no other agreements, oral or written, relating to these services. 

(Version 28 02/2019)