AT&T Access ID and Account Management Terms and Conditions (“Terms”)

These Terms are between AT&T Services, Inc., and its affiliates (individually and collectively, “AT&T”) and you, an individual.  AT&T may modify or amend these Terms at any time, with or without notice to you, by posting a copy of the modified or amended Terms at www.att.com/legal/wireless.html. You agree to the modified or amended Terms if you continue using an AT&T Access ID following the date they are posted.

1.            AT&T Access ID and Account Management - General

1.1       AT&T Access ID is a type of user ID that allows you to establish your online identity, and use such identity to manage multiple AT&T accounts online and/or to use other AT&T and third party services and applications. Account Management includes AT&T’s online account management sites known as myAT&T, and any other account management site or functionality that AT&T offers. By creating or using an AT&T Access ID or Account Management, you are agreeing to these Terms, the AT&T Online Terms of Use at http://www.att.com/legal/terms.attWebsiteTermsOfUse.html and the AT&T Privacy Policy at www.att.com/privacy, each as amended from time to time, incorporated by reference, for any and all use of AT&T Access ID or Account Management. 

1.2       YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IF YOU ARE ESTABLISHING AN AT&T ACCESS ID AS THE “PRIMARY” (AS HEREINAFTER DEFINED) TO MANAGE YOUR AT&T ACCOUNT(S) ONLINE AND AT LEAST THIRTEEN (13) YEARS OF AGE TO ESTABLISH AN AT&T ACCESS ID AS THE “SECONDARY” (AS HEREINAFTER DEFINED). 

1.2.1    AT&T ACCESS ID IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF THIRTEEN (13). IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE, YOU MAY NOT PROVIDE AT&T WITH ANY PERSONALLY IDENTIFIABLE INFORMATION.  IF YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND ACCEPT THEM ON YOUR BEHALF.  

1.3       You may use your AT&T Access ID to access a variety of other AT&T and third party services, each with their own terms and conditions (“Related Agreements”). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting AT&T’s rights and remedies or your obligations under these Terms, or waiving any restrictions on your rights to use an AT&T Access ID.  These Terms shall not have the effect of limiting, encumbering or otherwise restricting AT&T’s rights and remedies or your obligations under any Related Agreement between you and AT&T, or waiving any restrictions on your rights under any Related Agreement between you and AT&T.

2.            AT&T Access ID – Registration

2.1          In order to register for AT&T Access ID, you will create your AT&T Access ID and password.  AT&T may create an AT&T Access ID for you.  While AT&T provides minimum guidelines for creating a password, you are responsible for ensuring the password you create is secure.  You are responsible for maintaining the confidentiality of your AT&T Access ID and password(s), and for all activities and use that occur under your AT&T Access ID, whether or not with your knowledge. AT&T makes no warranty, guarantee, or representation that use of an AT&T Access ID or password is protected from security threats or other vulnerabilities. 

2.2          You will notify AT&T immediately if you suspect any unauthorized use of your AT&T Access ID or access to your password.  For security reasons, AT&T may take any and all action, as it deems necessary or reasonable, including without limitation, suspending access to your accounts and services, disabling your AT&T Access ID, changing your password, or requesting additional information to authorize use of your AT&T Access ID. If AT&T disables your AT&T Access ID, you will be prevented from accessing all of your accounts and services linked to your AT&T Access ID. 

2.3          You will be asked to designate a primary account (“Primary Contact Account”). If you do not have a Primary Contact Account designated, your Primary Contact Account will be designated for you and the Primary Contact Account contact information will be used to send you important notices related to your account, including notice of certain account changes required under the Federal Communications Commission’s rules.

3.            AT&T Access ID – Profile

3.1       As part of the registration process, you will be required to provide certain information about yourself  and you may be required to complete a profile for the AT&T service you wish to access. You may also provide, store, post, share or display an array of content via your AT&T Access ID or through any other service that you associate with your AT&T Access ID.  All information that you provide, whether or not required, is collectively referred to as “Profile Information.”

3.2        You are responsible for your Profile Information and you agree that your Profile Information is and will be kept accurate, correct and up to date. In order to maintain your use of your AT&T Access ID, it is important that you keep your contact information current as AT&T may use this contact information to provide important notices to you.  Failure to update your contact information may prevent you from receiving important notices. If you provide any Profile Information, particularly personally identifying information, that is, or that we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, AT&T may without notice suspend or terminate your AT&T Access ID and refuse any and all current or future use of an AT&T Access ID. 

3.3       You, or anyone who can access your Profile Information, can review and revise your Profile Information at any time. Under no circumstances will AT&T or its collaborators, suppliers, or licensors be liable in any way for any Profile Information, including, but not limited to, any errors or omissions in any Profile Information, or any loss or damage of any kind incurred as a result of the use or transmission of any such Profile Information. AT&T’s use and disclosure of any such Profile Information, including use of such Profile Information for targeted advertising, is governed by the AT&T Privacy Policy at att.com/privacy.

3.4       You grant AT&T and its designees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your Profile Information, in whole or part, and/or to incorporate it in other works in any form, media, or technology now known or later developed related to AT&T Access ID, Account Management or the services associated with your AT&T Access ID.  AT&T is under no obligation to post or use any Profile Information that you may provide, and AT&T may remove your Profile Information at any time in its sole discretion. You represent and warrant that you own or otherwise control all necessary rights, consents and permissions to your Profile Information necessary to submit such material and to grant AT&T all of the license rights granted herein and that such submissions do not violate the privacy, publicity, or contract rights or any intellectual property or other rights of any person.

4.            AT&T Access ID - Linking Accounts

4.1       Once you have created an AT&T Access ID, you have the option of linking additional AT&T accounts to your AT&T Access ID so that you can access those AT&T accounts through your AT&T Access ID.  You may also be able to continue accessing those AT&T accounts using your original login ID.  Any access to Account Management using a login ID that is not an AT&T Access ID shall be subject to these Terms although not all of the functionality of AT&T Access ID may be available when using another login ID.

4.2       If the person establishing the AT&T Access ID and linking the AT&T account identifies himself as the person responsible for paying the bill, that person will be designated the “Primary.” The Primary can grant access rights to another individual, or an individual with personal information sufficient to identify the person responsible for paying the bill may also obtain access rights to Account Management.  Except as set forth below, any person with access rights that does not identify himself as the person responsible for paying the bill will be deemed a “Secondary”. When a Secondary obtains access rights or is granted access rights by the Primary, AT&T will provide notification to the person responsible for paying the bill. A Secondary must establish his own separate AT&T Access ID and password. For certain types of accounts, a Primary may be able to transfer Primary access rights to a Secondary and, if no Primary is designated on the AT&T Account, any Secondary may be able to claim Primary access rights on such AT&T Account. A Primary and Secondary can authorize other third parties to act on behalf of the person responsible for paying the bills but only in AT&T owned stores (“Authorized Users”). The person responsible for paying the bill is solely responsible for any access to Account Management or services or any action taken by a Primary, a Secondary or an Authorized User. 

Please note that if AT&T creates an AT&T Access ID for you (in cases where you have not established your own AT&T Access ID), you will be automatically designated as the Secondary and must then claim Primary access rights on such AT&T Account.

4.2.1    An AT&T Access ID may no longer provide access to Account Management related to an AT&T service that has been terminated.

4.2.2    Use of the myAT&T application shall be subject to the myAT&T End User License Agreement and these Terms.

4.2.3    AT&T will maintain a process for forgotten passwords for AT&T Access ID.

5.         AT&T Access ID and Account Management – Term and Termination.

5.1       These Terms shall be effective until terminated by AT&T, in its sole and absolute discretion, at any time and for any or no reason.  AT&T may also change, suspend or terminate your access to or use of AT&T Access ID or Account Management for any reason with or without prior notice, including, but not limited to, deactivating or deleting your AT&T Access ID, password, or Profile Information. Cause for such termination, suspension, or change shall include, but not be limited to, a) breaches or violations of these Terms or other incorporated agreements or guidelines, b) requests by law enforcement or government agencies, c) a request by you (self-initiated account deletions), d) discontinuance or material modification to an AT&T service, e) unexpected technical or security issues or problems, f) extended periods of inactivity, or g) engagement by you in fraudulent or illegal activities.  AT&T shall not be required to make your AT&T Access ID Account Management, or any other information or services associated with your AT&T Access ID available to you after any such action is taken.  AT&T will not be liable to you or any third party for compensation, indemnity, or damages of any sort as a result of changing, suspending or terminating AT&T Access ID or Account Management in accordance with these Terms.  Such action will be without prejudice to any other right or remedy AT&T may have, now or in the future. These obligations survive termination of AT&T Access ID or Account Management.

6.         AT&T Access ID and Account Management – Disclaimer of Warranties. 

6.1       YOU ACKNOWLEDGE AND AGREE THAT AT&T ACCESS ID AND ACCOUNT MANAGEMENT, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON AT&T ACCESS ID AND ACCOUNT MANAGEMENT AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING AT&T ACCESS ID AND ACCOUNT MANAGEMENT AND THIRD PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS AGREEMENT, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  FURTHERMORE, AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) AT&T ACCESS ID AND ACCOUNT MANAGEMENT OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) AT&T ACCESS ID AND ACCOUNT MANAGEMENT OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH AT&T ACCESS ID AND ACCOUNT MANAGEMENT WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN AT&T ACCESS ID AND ACCOUNT MANAGEMENT OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR FROM AT&T ACCESS ID AND ACCOUNT MANAGEMENT SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.  FURTHERMORE, YOU ACKNOWLEDGE THAT AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN AT&T ACCESS ID AND ACCOUNT MANAGEMENT. you acknowledge that AT&T ACCESS ID AND ACCOUNT MANAGEMENT IS not intended or suitable for use in situations or environments where the PERFORMANCE OF, USE OR misuse of, failure of, or errors or inaccuracies in the content, data or information provided by AT&T ACCESS ID AND ACCOUNT MANAGEMENT could lead to death, personal injury, or severe physical, property, or environmental damage.  AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT warrant that AT&T ACCESS ID AND ACCOUNT MANAGEMENT will be compatible or interoperable with your DEVICE or any other piece of hardware, software, equipment or device installed on or used in connection with your DEVICE.  Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your DEVICE to diminish or fail completely, and may result in permanent damage to your DEVICE, loss of the data located on your DEVICE, and corruption of the software and files located on your DEVICE.  you acknowledge and agree that AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, shall have no liability to you for any losses suffered, resulting from or arising in connection with compatibility or interoperability problems.  Should AT&T ACCESS ID AND ACCOUNT MANAGEMENT prove defective, you assume the entire burden of all necessary expenses, servicing, repair, or correction.   THIS SECTION 6 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.

7.         AT&T Access ID and Account Management – Limitation of Liability. 

7.1       EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR accidents, property damage, personal injury, death, or FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE AT&T ACCESS ID AND ACCOUNT MANAGEMENT AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AT&T’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR AT&T ACCESS ID AND ACCOUNT MANAGEMENT, (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR AT&T ACCESS ID AND ACCOUNT MANAGEMENT DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

8.         AT&T Access ID and Account Management - Indemnification.  You shall indemnify, defend and hold harmless AT&T and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of AT&T Access ID, account management or Third Party content and services; (ii) your breach of these Terms; (iii) your violation of law; (iv) your negligence or willful misconduct; (v) your violation of the rights of a third party; or (vi) losses arising from or related to the use of any AT&T Account Site. You will promptly notify AT&T in writing of any third-party claim arising out of or in connection with your access to or use of AT&T Access ID or account management.  These obligations survive termination of these Terms.

9.         AT&T Access ID and Account Management – Dispute Resolution by Binding Arbitration.

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS

9.1       Summary: 

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-288-2020. In the unlikely event that AT&T's customer service department is unable to resolve a complaint you may have to your satisfaction (or if AT&T has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.  Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.  Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.  For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from AT&T to at least the same extent as you would be in court.

In addition, under certain circumstances (as explained below), AT&T will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what AT&T has offered you to settle the dispute.

9.2          Arbitration Agreement.

 

9.2.1    AT&T and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement.

For purposes of this Section 9 only, references to “AT&T,” “you,” “your” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of this AT&T Access ID and Account Management, or of services or devices under this Agreement or prior agreements between us.  Notwithstanding the foregoing, either party may bring an individual action in small claims court.  This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission.  Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and AT&T are each waiving the right to a trial by jury or to participate in a class action.  This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.  This arbitration provision shall survive termination of this Agreement.

9.2.2    A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office of Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address").  The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand").  If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at http://www.att.com/arbitration-forms.

9.2.3      After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000.  (The filing fee currently is $200 but is subject to change by the arbitration provider.  If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.)  The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA.  The AAA Rules are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.  (You may obtain information that is designed for non-lawyers about the arbitration process at http://www.att.com/arbitration-information.)  The arbitrator is bound by the terms of this Agreement.  All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide.  Unless AT&T and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address.  If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.  Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above.  If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.  In such case, you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.  In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

9.2.4      If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:

9.2.4.1  pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and

9.2.4.2  pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").

If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards You any relief on the merits.  The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

9.2.5      The right to attorneys' fees and expenses discussed in Section ?9.2.4 supplements any right to attorneys' fees and expenses you may have under applicable law.  Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount.  However, you may not recover duplicative awards of attorneys' fees or costs.  Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.

9.2.6      The arbitrator may award declaratory 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.  YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless both you and AT&T agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

9.2.7      Notwithstanding any provision in this Agreement to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) while this Agreement is in effect, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

10.       AT&T Access ID and Account Management - Miscellaneous. The following provisions survive termination of these Terms:

10.1     Governing Law, Limitation on Actions.  These Terms shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, you and AT&T agree that any cause of action arising out of or relating to these Terms, AT&T Access ID or Account Management must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This Section 10.1 is not intended to and does not alter any provisions of your applicable wireless service agreement.

10.2     Severability. If any provision of these Terms is held to be invalid or unenforceable with respect to a party, the remainder of these Terms, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.

10.3     Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

10.4     Export Control. You represent and warrant that you are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.

10.5     Survival. Any provisions of these Terms which by their express language or by their context are intended to survive the termination of these Terms shall survive such termination.

10.6     Third Party Beneficiaries.  Except as explicitly provided in these Terms or in the Related Agreements, nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. 

10.7     Compliance with Laws.  Your use of AT&T Access ID must comply with any and all applicable local, state, national and international laws and regulations.

10.8     Entire Agreement. These Terms including the documents incorporated herein by reference constitute the entire agreement with respect to the use of AT&T Access ID and supersedes all prior or contemporaneous understandings regarding such subject matter.