AT&T Wi-Fi Terms of Service

 

These Terms of Service & Acceptable Use Policy (the "Terms") govern your use of the AT&T Wi-Fi Services ("Service") provided to you through premises operators pursuant to contracts with AT&T or delivered to you directly by AT&T. If you connect to the Service via one of AT&T's roaming partners, your use of the Service may also be governed by that provider's terms of service and acceptable use policy. Your use of the Service represents your agreement to these Terms. If you do not agree with these Terms, do not use the Service.

 

TERMS OF SERVICE

 

Description of the Service

The Service is provided by AT&T Wi-Fi Services, an affiliate of AT&T Corp. ("AT&T"). In order to provide the Service to Customers, AT&T contracts with owners and operators of popular establishments and businesses who purchase the Service to provide it to their employees, patrons, and invited guests at specific sites or locations (Locations). AT&T also offers the Service for the benefit of AT&T Mobility, AT&T DSL and U-verse subscribers for use in select public venues and for certain events, for example, in a city park or performance concert ("AT&T Hot Zones"). If you are an AT&T Mobility subscriber, the Service also recognizes Your Mobility Equipment and allows you to auto-authenticate at AT&T Wi-Fi Service Locations ("Auto Authentication"). Auto Authentication is available to you at no additional charge.

The Service is provided using an IEEE 802.11 standard. You must have a device that is compatible with the specific Wi-Fi equipment deployed at a location. AT&T generally does not support IEEE 802.11b or earlier Wi-Fi protocols. In some instances, the Service will provide you with access to the Internet via a wired Ethernet connection as part of a managed network (the "Wired Internet Service"). A common example of this type of connection will be in a hotel guest room. Use of the Wired Internet Service will require a compatible computer or device.

The Service is intended for the limited purpose of assisting with access to the public Internet for e-mail and web browsing, or other purposes consistent with these Terms.

Because the Internet consists of multiple interconnected networks and most Internet end points (e.g., websites and other content providers) are not directly connected to AT&T's network, AT&T must connect to and exchange traffic with other networks to provide its subscribers the capability of uploading data to or downloading data from Internet end points that are connected to those networks. To that end, AT&T has entered into commercially negotiated agreements to exchange traffic with such networks on mutually agreeable terms. AT&T does not warrant that it will establish or expand the connections between its network and other networks except on such mutually agreeable terms. To the extent AT&T is unable to reach agreement on terms of interconnection or network expansion with these other networks it could affect your service, and for more information about how AT&T helps transmit information to points on the internet, how AT&T manages the network, broadband options, including different service capability and expected and actual speed ranges, device attachment rules, activities which may impair or degrade your internet experience and for additional information regarding network practices with respect to data usage caps, please see AT&T's Broadband Information Page.) AT&T therefore makes no promise, express or implied, that you will be able to upload data to or download data from Internet end points connected to other networks at any particular speed.

Like the other networks that make up the Internet, AT&T's is a shared network, which means that the transmission links and other network resources used to provide the Service are shared among AT&T's subscribers. AT&T manages this network for the benefit of all users based on a variety of factors, and its technical expertise.

Modifications to the Service / Updates to the Terms

AT&T reserves the right to, at any time and from time to time, modify, suspend, or discontinue, temporarily or permanently, any function or feature, or combination thereof, of the Service with or without notice. You agree that AT&T will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.

These Terms may be updated or changed from time to time. AT&T will provide notice of changes in the Terms in any manner acceptable by law, including by posting them to our website at http://www.att.com/legal/terms.wiFiServices.html. Your use of the Service, following updates or changes to these Terms, constitutes your acceptance of those changes. If you do not agree to the revisions, you must terminate your use of the Service immediately.

Operational Limits of the Service

Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities at each Location. There is no guarantee of bandwidth or connection speed at which you may access Internet. The term speed is commonly used as a shorthand way to describe the capacity at which a particular broadband internet access service can transmit data. This capacity is typically measured in the number of kilobits, megabits or gigabits that can be transmitted in one second (Kbps, Mbps or Gbps).

Your connection speed may not be suitable for some applications, particularly those involving real-time or near real time, high-bandwidth uses such as video streaming or video conferencing. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that AT&T will not be liable for such interruptions. You further understand and agree that AT&T has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of AT&T. AT&T will not be liable for any failure of performance, if such failure is due to any cause beyond AT&T's reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, cable cut, storm or other similar occurrence, any law, order or regulation by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or delays caused by third parties, you or your equipment.

The Service is designed to provide you with the highest speed available from the network at any given point in time, subject to the many different factors discussed above that can affect network performance. The Service generally supports the IEEE 802.11n/ac standard, with some AT&T Locations also supporting the IEEE 802.11a/b/g standard. Although the IEEE 802.11 a/b/g/n/ac standards have theoretical maximum speeds ranging from over ten Mbps to over a gigabit per second, actual Wi-Fi speeds will be substantially lower than the theoretical maximum speeds which describe the physical throughput rate including Wi-Fi protocol communications; the result is that the theoretical maximum you can receive is 40%-50% of the quoted Wi-Fi standard speed. In addition to the factors discussed above, the actual speed you experience over Wi-Fi will depend in part on the speed of the connection between the Wi-Fi network you are accessing and the destination you want to reach on the Internet, which may be significantly below the theoretical maximum speed of the service.

Congestion Management

At some Locations, AT&T may configure the Wi-Fi network to set a consistent, maximum speed limit for Internet access for each End User at such Location; however no End User is guaranteed a certain speed. At other Locations, you may also have a choice of Internet speeds limits. Additionally, AT&T often implements a dynamic caching web proxy that stores popular HTTP content at the Location which minimizes bandwidth consumption thereby reducing congestion.

Shared Use of Wi-Fi Network Bandwidth

Wi-Fi networks are generally provided at a given site on behalf of the business owner or operator for the benefit of their patrons. It is common practice that the Internet connection is shared between both the business' patrons and the business' operational traffic. In some instances, business operational traffic may be prioritized to ensure critical communications, such as credit card processing, are not impacted by patron Internet usage. This prioritization may intermittently impact the speed available.

URL Filtering

The owner or operator of the Location may have implemented URL Filtering or other content filtering services which block access to certain websites or content while at the Location ("URL Filtering"). The owner or operator of the Location will determine which categories of websites and content which you will be able to access or those which are blocked. AT&T will not be liable to you for any acts, omissions, performance or non-performance related to the URL Filtering.

SECURITY WARNING

The unsecured nature and ease of connection to public Wi-Fi hotspots increases the risk that unauthorized persons can access your phone, laptop or other device or your communications over the Wi-Fi network. You should take precautions to lower the security risks. If you have access to a virtual private network (VPN), AT&T recommends that you connect through it for increased security. AT&T also encourages you to observe standard security practices. You should ensure that computer hard drives are not shared; laptops have firewall protection; and security software is installed, functional and updated on your device. AT&T recommends that you avoid transmitting or accessing sensitive personal information over the Wi-Fi network, and that you only connect through known Wi-Fi hotspots. More information can be found on this AT&T support page.

Information/Password Security

All information that you provide to AT&T, including your name, email address, and physical address, all information that you provide to the owner of the Location, credit or charge card numbers and expiration dates and any Service payment information ("Registration Data") must be accurate. You agree to keep confidential your log-in ID and password, if any, and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur during your use of the Service. You agree to immediately notify AT&T if you suspect any breach of security such as loss, theft, or unauthorized disclosure or use of the Service.

Prices/Payment

The price charged for the Service will vary by Location. Many Locations offer the Service as an ancillary benefit to their patrons at no or a nominal charge, while others chose to charge varying amounts. AT&T will present you with the charge, and you may choose whether to pay the charge or select not to use the Service. Additionally, the Location may choose to present you with the option to view an advertisement as an alternative to paying the Service charge.

If applicable, you agree to pay all charges and fees related to your use of the Service, including taxes, fees, surcharges or other assessments.

Third Party Content Disclaimer/ Links to Third Party Sites

Content provided by Third Party Providers ("Third Party Content") has not been independently authenticated in whole or in part by AT&T. AT&T does not provide, sell, license, or lease any of the Third Party Content other than those specifically identified as being provided by AT&T. This Service may be linked to other websites which are not under the control of and are not maintained by AT&T. AT&T is not responsible for the content of those sites. AT&T is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement or support by AT&T of those sites.

Privacy Policy

Any data provided to or collected by AT&T in the performance of the Service, including data collected at a Location where AT&T contracts with the owners or operators to provide the Service, and data collected through End User Auto Authentication, is subject to the AT&T Privacy Policy located at www.att.com/privacy.

DATA COLLECTION
The following applies whenever you connect to or your device communicates with the Wi-Fi network, including by Auto-Authentication

Location

When you connect to or your device communicates with the Wi-Fi network the Wi-Fi network generates records that are specific to the Location and sometimes specific to areas within that Location. By using this Service you consent to the collection, use, and disclosure of the information as discussed below and in the AT&T Privacy Policy. For example, AT&T may use the information to assess and improve service performance. AT&T also may use the information for Metrics Reports and External Marketing & Analytics Reports as defined in the AT&T Privacy Policy. AT&T does not include personal information that will allow the Location owner or operator to specifically identify you, unless we give you prior notice and receive your express consent.

Web Browsing

When you connect to the Service, AT&T is routing your traffic from the Wi-Fi Network to other networks which will connect you to a separate Internet connection. We may also enable certain technologies intended to improve your experience, maintain network security, and/or optimize network utilization that may generate records regarding the websites you visit and search terms you enter while using the Service. We do not gather information from secure connections such as VPN or HTTPS. By using this Service, you consent to our collecting this information. You also agree and consent to our using the information as discussed below and in the AT&T Privacy Policy. For example, we may include anonymous and aggregate web browsing information about websites that are most visited by users connected at the location in an External Marketing & Analytics Report. We do not include information that will allow the Location owner or operator to associate the web browsing to you or to specifically identify you unless we give you prior notice and receive your express consent.

DATA USE

Metric Reports

At Locations where AT&T contracts with owners and operators of popular establishments to enable them to provide the Service to you at such Locations, we may provide those owners and operators with Metric Reports about usage of the Service within the Location. Metric reports contain statistical information including the number of devices connecting to the Service, duration of such connections, and the amount of bandwidth used during those sessions. If the owner or operator has more than one Location, the Metric Reports may contain information about or from a single Location or aggregated Locations. These reports demonstrate the value of the Service to the owner or operator of the Location, enabling the better provisioning of the Service at more Locations. The reports also provide the owner or operator of the Location with insights into how to better serve you. These reports contain aggregate and anonymous data, and are provided in accordance with AT&T's Privacy Policy. If you don't want information about your use of the Service collected and provided in this manner, you should configure your device not to connect to the Service.

External Marketing and Analytics Reports

AT&T also uses data collected through the use of the Service to provide External Marketing and Analytics Reports. By using this Service, you consent to the inclusion of aggregate and/or anonymous information in External Marketing and Analytics Reports as defined by and in accordance with AT&T's Privacy Policy, unless you have elected to exclude your information from External Marketing and Analytics Reports. Please visit http://att.com/privacy for more information. To change your consent elections for an AT&T mobile device, you can visit http://att.com/cmpchoice. To change your consent elections for all other devices, you can visit http://att.com/wifioptout to make changes to your consent elections.

Third-Party Networks

When you connect to the Service at a Location that is not owned or operated by AT&T, your service may connect over a network or network equipment that is not owned or operated by AT&T. In such case, your connection data, including your MAC address or IP address, may be visible to the network owner or operator. By connecting to the Service, you consent to the third-party access to this information. Information collected by third-party network operators is not subject to the AT&T Privacy Policy. AT&T is not responsible for such third party networks, and will not be liable to you for any acts, omissions, performance or non-performance related to the third party networks.

ACCEPTABLE USE POLICY

Use of the Service is subject to the terms and conditions of the AT&T Acceptable Use Policy available at http://www.att.com/aup ("AUP").

General Use Restrictions

Subject to your acceptance of and compliance with these Terms, you are granted the right to use the Service through a non-exclusive, non-transferable and non-assignable limited license. The Service is provided for your use only and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your subscription to or membership in the Service, any portion of the Service, use of the Service, or access to the Service. You have no right to resell, sublicense, assign or transfer your right to access the Service or use the Service. All information, documents, products, and software (the "Materials") provided with this Service were provided by or to AT&T by its respective manufacturers, authors, developers, licensees and vendors ("Third Party Providers") and are the copyrighted work of AT&T and/or the Third Party Providers. The Materials may not be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of AT&T or the Third Party Provider. You also may not, without AT&T's prior express written permission, "mirror" any Material provided with this Service on any other server. You acknowledge sole responsibility for obtaining any such licenses. Any unauthorized use of any Materials provided with or through this Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are not granted any intellectual property rights in or to the Service or Materials by implication, estoppel or other legal theory, and all rights in and to the Service or Materials are reserved and retained by AT&T or the Third Party Provider.

Software Use Restrictions

Any software that is made available to download with the Service (the "Software") is the copyrighted work of AT&T and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the "License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.

Installation assistance, product support and maintenance, if any, of the Software are available from AT&T and/or the Third Party Providers, as the case may be.

SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Submissions

Unless otherwise explicitly stated, any Materials provided by you in connection with this Service shall be deemed to be provided on a non-proprietary and non-confidential basis. AT&T shall have no obligation of any kind with respect to such Materials and shall be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Materials that you submit, and you, not AT&T or Third Party Providers, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.

Disclaimer of Warranties

UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS AND THE SERVICE ARE PROVIDED "AS IS" ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. AT&T MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY OF THE MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, AT&T DOES NOT AUTHORIZE ANYONE TO MAKE A REPRESENTATION OR WARRANTY ON AT&T'S BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF REPRESENTATION OR WARRANTY BY A THIRD PARTY AS A WARRANTY OF AT&T.

Limitation of AT&T Liability

NEITHER AT&T NOR THE OWNER OR OPERATOR OF THE LOCATION WHERE YOU CONNECT WILL BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE SERVICE OR MATERIALS. MOREOVER, IN NO EVENT SHALL AT&T OR THE OWNER OR OPERATOR OF THE LOCATION BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF AT&T HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS WHERE PERMITTED, AT&T'S SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID TO AT&T BY YOU FOR USE OF THE SERVICE.

Indemnity

You agree to indemnify and hold harmless AT&T, the Location owner and/or operator, and their respective subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees of each from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (a) Materials you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) your violation of these Terms; (d) your violation of the AUP; (d) your violation of any rights of another; and (e) use of your account and any Sub-Account whether such usage is expressly authorized by you.

Liability of Customer

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST AT&T FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, LOSS OF BUSINESS, LOST REVENUE, OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND MATERIALS.

Local Laws; Export Control

AT&T and/or the applicable Third Party Provider control and operate this Service from its or their headquarters in various locations in the United States of America and makes no representation that these Materials or the Service are appropriate or available for use in other locations. If you use this Service or the Materials from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

Unless otherwise explicitly stated, all marketing or promotional materials provided with or through this the Materials or the Service are solely directed to individuals, companies or other entities located in the United States. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. This list is subject to change without further notice from AT&T, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

General

This Service could include inaccuracies or typographical errors. Any action related to these Terms will be governed by Texas law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms provide basic guidelines for your use of the Service, and will be enforced in conjunction with other Terms of Service or Membership Agreement, if any, that govern AT&T products or services that you use or that you have purchased. In the event that any provision of these Terms shall be rendered invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of these Terms and these Terms shall continue in full force and effect and be construed as if they did not contain the invalid or unenforceable provision.

DISPUTE RESOLUTION – BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Summary

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-331-0500. 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.

Arbitration Agreement

(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 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.

References to "AT&T," "you," 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 services or Devices under this 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.

(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 for 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 att.com/arbitration-forms.

(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 for claims under $10,000 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 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 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.

(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:

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

(5) The right to attorneys' fees and expenses discussed in paragraph (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.

(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.

(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) during your Service Commitment, 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.

 

V062015R