This is an agreement ("Agreement") between Critical Hub Networks, Inc. d/b/a CHN ("we,” "us" or "CHN") and you, an
end user ("you” or “user”) of CHN Service (the “Service”) as described herein. By establishing, activating, using or paying for the Service, you acknowledge that you have read and understood these terms, you agree to the terms and conditions in this Agreement, and you represent that you are of legal age to enter this Agreement and be bound by its terms, including those pertinent to 911 Emergency Dialing, and to the prices, charges and conditions provided to you in association with your enrollment which are incorporated herein by reference. This Agreement governs the Service and any device, website or software used in conjunction with the Service.
Definition of Service. The OPTICO service is a broadband Internet service which may include a bundled telephone service. Disclaimer. CHN exercises no control whatsoever to the contents of the information passing through its network. CHN makes no warranties of any kind, whether expressed or implied, for the service it is providing. CHN also disclaims any warranty of merchantability or fitness for a particular purpose. CHN will not be responsible for any damages you suffer. This includes damages to the physical premises, to the computer, or from any loss of data resulting from delays, no deliveries, mis deliveries, or service interruptions caused by its own negligence or user’s errors or omissions. Use of Service is at your own risk and subject to all applicable local, national and international laws & regulations. You may not resell, assign or otherwise transfer this Agreement or Service to any person without written permission of CHN. Broadband Requirements. In order to use the OPTICO Broadband service which you have selected, you must meet certain requirements which are described in the promotional materials and/or on the web site. Such requirements may include an Ethernet port or Wi-Fi adapter on your computer, PPPoE (PPP over Ethernet) client software. You understand that you are responsible for obtaining & installing such hardware/software. Telephone Requirements. The Telephone Service requires a CHN-provided telephone adapter (the "Adapter") that allows you to place and receive calls through an analog telephone over your CHN Broadband Internet connection. CHN does not guarantee continuous availability. You acknowledge and understand that the Service will not function in the absence of electrical power or if there is an interruption in your Internet connection. A power failure may require you to reset or reconfigure equipment in order to restore the Service. Telephony Limitations. You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems and computer modems. You waive any claim against CHN for interference or disruption of such services and equipment. You understand that you cannot accept, or place collect calls or third number billed calls. You may not place dial-around calls (10-10-XXXX).
Your Responsibility. You acknowledge and agree that you are fully responsible for all use on your account, and you accept full liability and responsibility for the actions of anyone who uses the Service via your account with or without your permission. You should safeguard your usernames and passwords, as well as the identifier of the Adapter (referred to as the "MAC address") or SIP phone which CHN uses to authenticate usage on your account. Some of your calls may be transmitted over the public Internet, and you acknowledge that you are aware that the Internet is not a secure network, and that third parties may be able to intercept, monitor, or corrupt information you transmit over the Internet.
Credit /Consumer Reporting. You authorize CHN to access and report credit information using the social security number provided to CHN, in accordance with the Fair Credit Reporting Act (Sec 1681-604, Title 15 of the U.S. Code).
Credit/Consumer Reporting. You authorize CHN to access and report credit information using the social security number provided to CHN, in accordance with the Fair Credit Reporting ACT (Sec 1681-604, Title 15 of the US Code).
TELEPHONY SERVICES - 911 EMERGENCY DIALING. PLEASE READ THIS INFORMATION VERY CAREFULLY. IF YOU ARE RECEIVING TELEPHONE SERVICES AS PART OF YOUR BROADBAND SERVICE, THIS SECTION APPLIES TO YOU. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF CHN 911 EMERGENCY DIALING SERVICE AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 or E911 CALLS. You agree to notify any user who may place calls using your Service, including any household residents or guests who may be present in your household, of the limitations of CHN 911 Emergency Dialing. We recommend that you maintain an alternative means of accessing emergency services in the event of Service disruption for any reason. CHN 911 Emergency Dialing is not available in all areas. To activate this service where available, you must register the physical location of your Adapter with CHN, and that location must be within the geographic serving area of a Public Safety Answering Point ("PSAP") to which CHN has enabled for this service. If you fail to activate and properly configure 911 Emergency Dialing, the Service will not support 911 Emergency Dialing, and you acknowledge and agree to this requirement. Service Address. You provide the address for which you are ordering the Service ("Physical Address” or “Service Address”) during the subscription process, which will be utilized by CHN in the establishment and operation of 911 Emergency Dialing as part of the Service. Failure to provide the correct and proper Service Address may result in misdirecting 911 calls to the incorrect PSAP or emergency operator and/or the failure to reach the correct location and render emergency service when requested. You acknowledge that 911 dialing will not function properly if you move your Adapter to another Service Address, either temporarily or permanently, unless the new Service Address has been properly recorded and is in an area for which CHN provides 911 Emergency Dialing. You may change your Service Address by contacting CHN’s Customer Service department as specified on the website. The change of Service Address will not be effective until the change has been confirmed to you by CHN, via email or other written correspondence. Change of Service Address may take up to ten business days to update the 911 emergency databases. Basic 911. In some areas, CHN may not support E911, and your physical location information may not be automatically delivered to the PSAP with the call. The PSAP or local emergency dispatcher receiving a non-E911 emergency call may not be able to capture and/or retain automatic number or location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 911 call. Therefore, a caller dialing 911 using CHN may need to immediately tell the dispatcher the location of the emergency, and the caller must not prematurely disconnect the line, since the dispatcher may not have the phone number to call back the caller. If the caller is unable to speak or sufficiently describe the location, the emergency dispatcher may not be able to render emergency service to the appropriate location. 911 Service Limitations. 911 Emergency Dialing will not function if the Adapter is not configured correctly or if your CHN Service is not functioning for any reason, including, but not limited to, a power outage, high-speed service outage, or any suspension or disconnection of your CHN Service. If there is a power outage, you may be required to reset or reconfigure your equipment in order to reactivate CHN Service, including 911 Emergency Dialing. For technical reasons associated with the possibility of network congestion in the event of a local disaster, there is a greater possibility that a CHN 911 call will produce a busy signal, fail to be completed, or experience longer connection times, as compared to traditional 911 calls. You understand and acknowledge that CHN 911 Emergency Dialing has certain characteristics that distinguish it from traditional, legacy, circuit-switched 911 service which may make CHN unsuitable to some users. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services, such as maintaining a conventional phone line or wireless phone as a backup means of completing emergency calls. You acknowledge and understand that CHN will not be liable for any Service outage and/or inability to dial 911 using CHN or to access an emergency service personnel due to the characteristics and limitation of CHN Service set forth in this document. You acknowledge that CHN does not offer Lifeline service, and that we strongly recommend that you always have an alternative means of accessing emergency service.
Broadband Limitations. Subscriber understands that CHN may obtain information regarding subscriber’s computer, including MAC addresses, operation system information, among others. Unless otherwise specified, the Bandwidth refers to the maximum possible combined throughput (upstream and downstream) subscriber has access to from the customer’s installed location to the closest CHN network point of presence (POP) to which subscriber is connected. CHN cannot guarantee or warranty the throughput to or from any particular site on the Internet. Due to technical service limitations, such as distance or other factors, not all service options may be available to subscriber. Subscriber understands that CHN
uses telephone, power company and other facilities in providing service and that this continued use cannot be guaranteed; therefore, in the event it is denied for any reason and CHN is unable to provide service over alternative routes, then service may be interrupted or terminated.
USE OF SERVICE. Service Installation. You hereby agree to authorize & permit CHN and/or its representatives or contractors to enter into, upon and over the premises or any other place at the physical address on this Agreement during the Agreement to install, connect, disconnect, inspect or alter the facilities and equipment. If you are not the owner of such premises, you agree to indemnify and hold CHN harmless from any and all claims of such owner arising out of the performance of this Agreement. CHN may charge additional fees for installation of equipment, based on the location and facilities encountered at the premises. Such fees may include upgrades alternative equipment, additional cable or
wiring costs, additional engineering, among others.
Equipment Ownership. Any equipment provided by CHN to facilitate the service is the sole property of CHN. Equipment supplied may be new or reconditioned. You will not tamper with, modify, damage, alter, fail to maintain, destroy, resell, or remove the equipment from the installed premises. If such action occurs, you will pay CHN the full replacement cost of the Equipment, plus a minimum service charge of $100. Upon termination of the Service for any reason, subscriber will immediately return the Equipment to CHN at their main offices as specified on the website. CHN retains all rights to recover possession of the Equipment from you. All costs associated with the return of the equipment, or CHN’s recovery of possession of the Equipment, are your responsibility. Failure to return the equipment may also subject subscriber to criminal prosecution by CHN under articles 1165 and 166 of the penal code of Puerto Rico.
Resale and Transfer. You are expressly prohibited from reselling, assigning, subletting, leasing or transferring the Service, equipment and/or software to any other person for any purpose, without express written permission from CHN in advance.
Residential Use. Unless otherwise specified as an Enterprise, Commercial or Business service, the Service is only intended for residential use. You are expressly prohibited from using the Service for autodialing, telemarketing (including without limitation charitable or political solicitation or polling), continuous or extensive call forwarding, fax broadcast, fax blasting, spamming or any other activity that results in excessive usage inconsistent with normal residential or home office usage patterns. If CHN determines, in its sole discretion, that you are reselling the Service, allowing persons residing outside of your household to regularly use the Service, or that your Service is being used for any of the aforementioned
activities, CHN reserves the right to immediately terminate without notice or modify the Service and to assess additional charges for each month in which excessive usage occurred.
Calling Limitations. CHN does not support certain call types offered by traditional phone services, including, but not limited to, 0+ calling (including without limitation collect or third-party billing), 900 and 976 calls and 10-10 "dial-around" calls. The Service may not support 311, 511 and/or other x11 services (other than 911 and 411). We may not offer operated assisted dialing.
Local Number Portability. If you transfer an existing phone number which is currently subscribed to a carrier other than CHN, (1) you hereby authorize CHN to notify your local telephone company of your decision to switch your local services to CHN and/or its DID provider, and to transfer your telephone number, and represent that you are authorized to take this action; (2) you acknowledge that you must successfully install and activate your Adapter or SIP phone prior to the date that the number switch becomes effective; and (3) CHN has the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number.
Network Disruption. You are expressly prohibited from any use of the Service or any other action that causes a disruption in the network integrity of CHN or its vendors, whether directly or indirectly. CHN, in its sole discretion, may terminate your Service without advance notice if it determines you are responsible for such disruptions.
Telephone Number. You may not sell any telephone number assigned by CHN ("Number"). Upon termination of the Service, CHN may, in its sole discretion, release a Number that you ported from a previous service provider and used in connection with your CHN Service. The Number, if authorized, would be released to your new service provider, if such new service provider is able to accept such Number, and provided that (a) your entire CHN account has been terminated, (b) that you have paid all charges due to CHN, and (c) that you request the transfer upon terminating your CHN account.
Use Outside US & PR. The Service is intended for use in Puerto Rico. If you remove the Adapter to a country other than Puerto Rico, you do so at your sole risk, including the risk that such activity violates local laws in the country where you do so. Use of the Service is expressly prohibited wherever its use violates local laws, and you are personally liable for any such violations. CHN reserves the right to terminate your Service immediately and without notice if it determines that you are using the Service in violation of applicable local laws.
Unlawful Use. The CHN network and services may only be used for lawful purposes. You are expressly prohibited from using the Service to transmit or receive any communication or material of any kind when in CHN’s sole judgment the transmission, receipt or possession of such communication or material would constitute, or encourages conduct that would constitute, a criminal offense, give rise to a civil liability or otherwise violate any applicable laws. This includes, but is not limited to, transmission of copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless CHN from all claims resulting from the use of the service which damages user or another party. Any access to other networks through CHN’s network must comply with the rules appropriate for another network. Use of any information obtained via CHN’s network is at your own risk. CHN specifically denies any responsibility for the accuracy or quality of information or communications obtained through its services. You are expressly prohibited from using the Service or Adapter for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide Service to you or other customers or avoids your obligation to pay for communications services. CHN, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions. If CHN, in its sole discretion, believes that you have violated the aforementioned restrictions, CHN may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
Tampering. You agree not to change the electronic serial number or equipment identifier of the Adapter, or to perform a factory reset of the Adapter, without express written permission from CHN in each instance which CHN, in its sole discretion, may deny. You agree not to disrupt the Service or make any use of the Service that is inconsistent with its intended purpose or to attempt to do so. CHN, in its sole discretion, may terminate your Service without advance notice should you tamper with the device.
Theft of Service. You agree to notify CHN immediately if the Adapter is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. You must provide a detailed description of the circumstances of the theft or stolen or fraudulent use of the Service and supply any additional documentation reasonably requested by CHN. Failure to do so in a timely manner may result in the termination of your Service and additional charges.
Alternative Interface Devices. If you use the Service through an interface device not provided or supported by CHN, which CHN reserves the exclusive right to prohibit, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless CHN and its vendors against any and all liability arising out of your use of such alternative interface device with the Service. CHN has no obligation to support or service the use of such alternative interface devices in any way, and in its sole discretion may decline to provide the configuration information required to allow the device to effectuate the Service.
Copyright, Trademark, and Unauthorized Use. The Service and Adapter and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Adapter, and all Services, information, documents and materials on CHN’s website are protected by copyright, trademark or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of CHN are and shall remain the exclusive property of CHN and nothing in this Agreement shall grant you the right or license to use such Marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Adapter, other than a nontransferable, revocable license to use such firmware or software strictly in accordance with the terms and conditions of the Agreement, and that the Adapter is exclusively for use in connection with the Service.
Audit and Law Enforcement. CHN reserves the right to audit your use of the Service to enforce the provisions of this Agreement. CHN reserves the right to track and monitor your Service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law.
CHARGES AND PAYMENTS. Billing. Service is billed monthly and may be billed in advance. Unless otherwise agreed to in writing, you must provide a valid credit card number or a direct debit bank account, or full payment of all initial fees & the first month fees prior to Service activation. You authorize CHN to charge automatically to your credit card or debit your bank account any amounts payable by you in connection with your use of the Service, unless otherwise specified. Your right to use the Service is subject to any limits established by your credit card issuer. You give CHN permission to obtain authorization for use of your credit card from your credit card issuer. If the card expires, you close your credit card account or your bank account, your billing address changes, or the credit card is cancelled and replaced owing to loss or theft, you must advise CHN at once. Your initial use of the Service authorizes CHN to charge the credit card account number or debit the bank account number on file with CHN, updated by any changed information related to credit card expiration, replacement or substitution. This authorization remains valid until 30 days after CHN receives your notice to terminate CHN’s authority to charge your credit card or debit your bank account, whereupon CHN will charge you for any outstanding charges and terminate the Service. CHN bills all charges and applicable taxes monthly in advance (except for usage-based charges, which will be billed monthly in arrears, plus any other charges that CHN chooses to bill in arrears) to your credit card or bank account or other then-authorized payment option. CHN reserves the right to bill at intervals that are more frequent if the amount due at any time exceeds $50. All charges will be billed according to the rates and terms set forth in published materials and found on the CHN website.
Manual Payment. Any payments received by CHN which are not initiated by CHN may be subject to a Paper Payment Processing Fee of $2.00. This includes checks & money orders, cash, Telepago, Pago Expreso, Wire Transfers or any other similar payment method.
Commencement of Billing. Your Service is considered active on the date of service installation (the "Activation Date").
Invoice Delivery. Invoices will be delivered monthly via email to the email you specify. If you wish to receive a printed invoice or statement, you will be subject to a Paper Invoice Fee of $5.00 per invoice or statement.
Price and Price Changes. CHN reserves the right to change the prices, fees and charges for the Service at any time.
Failure to Pay. We may suspend, restrict, or cancel the Services and this Agreement, if you do not make payments for current or prior bills by the required due date. Service suspension or cancellation will result in your loss of the number associated with the Service. If your service is Suspended, you will be charged a $25.00 Reconnection Fee, whether you choose to reconnect the service or not. Failure to Reconnect does not relieve you of your responsibilities under this agreement.
Late Payment. We may add interest charges to any past-due amounts at the lower of 1.5% per month or the maximum rate allowed by law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked "Paid in Full" or with other restrictions) shall not waive any of our rights to collect the full amount of your charges for the Service. You agree to reimburse us for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments.
Taxes. You are responsible for, and must pay, any applicable federal, state, local or other governmental sales, use, excise, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or associated equipment. These amounts are in addition to payment for the Service or equipment and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such charges, you must provide documentation satisfactory to us that you are exempt. Tax exemption will only apply from and after the date CHN receives this documentation. Taxes will be in the amounts specified by federal, state and
Billing Disputes. You must notify CHN within twenty (20) days after the date of billing if you dispute any CHN charges on that statement or such dispute will be deemed waived.
Term. The Service is provided in accordance with the service term you have selected at the time of subscription, beginning on the date CHN activates your Service. For Business, Enterprise and Commercial services, the Term of your Agreement is specified on your subscription form and is non-cancellable during the initial term. After your initial term, this Agreement will automatically renew on a yearly basis at the then-current monthly rate. If you cancel the Service prior to the end of a term, you will be responsible for paying the full month's charges to the end of the then-current month, including applicable fees and usage charges, plus any remaining recurring charges in the then-current term. Expiration of the term or cancellation of the Service does not excuse you from paying all unpaid, accrued charges due in relation to the Agreement. You will not receive a partial credit for any prepaid service charges for any days remaining in your cancellation month. You may be subject to termination penalties and fees related to hardware, software, discounts or special offers extended at the time of subscription and/or renewal.
Term Commitments. If you accept an equipment rebate, discount, upgrade or other CHN promotional or plan benefit, such as a free month of Service, free installation or other incentive, then you have accepted a minimum 12-month Commitment Term. If you disconnect service prior to the end of the Commitment Term, you agree to pay CHN an amount equal to the rebate, upgrade, or promotional or plan benefit received, in addition to any other charges or fees you may owe CHN, including disconnection fees.
SERVICE CANCELLATION. You may cancel the Service by notifying CHN in writing at least 30 days prior to the end of the Service Term. Cancellations must be signed. Cancellations should be sent by mail to Critical Hub Networks, PO Box 11278, San Juan, PR 00910, or via fax to 787-728-9777, or via email in PDF format to firstname.lastname@example.org. You remain fully liable for accrued charges outstanding at the time of termination, and you authorize CHN to process these charges to your credit card or debit to your bank account. Upon immediate expiration of the service term, subscriber will Immediately return the Equipment to CHN at their main offices as specified on the website. Service Cancellation may not be processed by CHN until equipment is received, and you will be responsible for all charges up until CHN’s receipt of equipment. In case of Customer Termination prior to the completion of construction and/or installation of CHN’s facilities to Customer Site or prior to installation of any 3rd party Telco circuit ordered herein or CHN notification of Service availability if a circuit is not ordered under the Agreement, Customer agrees to pay CHN immediately as liquidated damages, and not as a penalty, a single payment equal to 100% of the construction costs plus 20% of the total dollar value of this Agreement which would have been invoiced through the initial Term (to include any waived installation or other fees), together with any court costs and/or legal fees CHN may be obligated to incur in the collection of liquidated damages.
INDEMNIFICATION. You agree to defend, indemnify, and hold CHN, its affiliates, and agents and any other service provider who furnishes services to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages relating to or arising out of the Service, the Adapter or its installation, or this Agreement, including, but not limited to, 911 Emergency Dialing or dialing associated with a security system. You agree that CHN should not be and is not responsible for any third-party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys' fees, unless such claims are based on our willful misconduct or gross negligence.
LIMITATIONS OF LIABILITY. BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF CHN SERVICE DESCRIBED HEREIN. CHN'S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF CHN RELATED TO THIS AGREEMENT, INCLUDING ACTS OR OMISSIONS RELATED TO 911 EMERGENCY DIALING, SHALL BE LIMITED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY CHN'S INTENTIONAL MISCONDUCT OR RECKLESSNESS. EXCEPT FOR DAMAGES THAT ARE THE DIRECT RESULT OF CHN'S WILLFUL OR INTENTIONAL MISCONDUCT, YOU WILL NOT BE ENTITLED TO ANY OTHER DAMAGES, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION. CHN AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA OR PERIPHERALS. FURTHERMORE, AND NOTWITHSTANDING THE FOREGOING, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF CHN OR ITS AFFILIATES ARISING WITH RESPECT TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY USER IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM. WARRANTY LIMITATIONS. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THE MATERIALS ACCOMPANYING THE EQUIPMENT, CHN MAKES NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, ADAPATER, OR ANY OTHER EQUIPMENT AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES THAT THE SERVICE WILL MEET CUSTOMER REQUIREMENTS. YOU UNDERSTAND THAT CHN USES TELEPHONE, POWER COMPANY AND OTHER FACILITIES IN PROVIDING SERVICE AND THAT CONTINUED USE CANNOT BE GUARANTEED. THEREFORE, WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. CHN SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY FAILURE OR INTERRUPTION CAUSED BY OR RESULTING FROM ANY CIRCUMSTANCE BEYOND ITS CONTROL. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, CHN EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
DISPUTE RESOLUTION BY BINDING ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. Any dispute or claim between you and CHN arising out of or relating in any way to the Service or the Adapter provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. Without limiting the foregoing, the parties agree that no arbitrator has the authority to award relief in excess of what this Agreement provides. NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON OR RESOLVED ON A CLASS- WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES OR ATTORNEYS' FEES. YOU AND CHN BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. The arbitration shall be conducted in the Commonwealth of Puerto Rico and judgment on the arbitration award may be entered any court having jurisdiction thereof. Either you or CHN may seek any interim or preliminary relief from a court of competent jurisdiction in the Commonwealth of Puerto Rico, necessary to protect the rights or property of you or CHN pending the completion of arbitration. YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
MISCELLANEOUS. This Agreement does not provide any third party with a remedy, claim or right of reimbursement. Failure by CHN to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement, and all other aspects of the use of the Service and the CHN website, shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Service. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals concerning the Service, including representations, whether written or oral. No written or oral statement, advertisement or service description not expressly contained in the Agreement will be allowed to contradict, explain or supplement it. Neither you nor CHN is relying on any representations or statements by the other party or any other person that are not included in this Agreement. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Events Beyond Our Control. CHN will not be responsible to you for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.
Assignment. We may assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Service without our prior written consent.
Survival. The provisions of this Agreement relating to indemnification (including those relating to 911 Emergency Dialing), limitations on liability, warranty limitations, billings and your obligations to pay for the Service provided, including any additional usage charges, shall survive any termination of this Agreement or termination of the Service.
Changes to this Agreement. CHN may change this Agreement from time to time. Any changes will be posted at the Terms of Service section of the CHN website, which include www.criticalhub.com. Notice will be considered received by you and any such changes will become binding and effective on the date the changes are posted to the CHN website, except in the case of changes to the prices or charges, when we will comply with our notice commitments described above. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICE AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS OR CONDITIONS, YOU AGREE TO THE CHANGES. The Agreement as posted supersedes all previously agreed to electronic and written terms of service.