MULTI-DEVICE PROTECTION PACK ENHANCED SUPPORT TERMS OF SERVICE
“AT&T” or “we,” “us” or “our” refers to AT&T Mobility LLC, acting on behalf of its FCC-licensed affiliates doing business as AT&T. “You” or “your” refers to the person or entity that is the customer of record for AT&T wireless service, and purchases the AT&T Multi-Device Protection Pack (as defined below). These Terms of Service make up the agreement between AT&T and you for the provision of Multi-Device Enhanced Support portion of the AT&T Multi-Device Protection Pack (“Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
I. AT&T MULTI-DEVICE PROTECTION PACK.
AT&T Multi-Device Protection Pack is a bundle offer for the provision of Multi-Device Insurance, Multi-Device Enhanced Support and Mobile Locate on up to 3 eligible devices (“MDPP”). For a list of devices eligible for MDPP, go to www.att.com/mdpp (“Eligible Device”).
MDPP is available to you if you are a wireless customer of AT&T with at least one Eligible Device that is either (i) a smart phone, a feature/messaging phone, an air card, a Mifi; or (ii) a tablet, in each case owned or leased by you, and associated with a wireless phone number for which you have a post-paid account with AT&T for the provision of wireless services (an “Anchor Device”).
To subscribe to MDPP, you will be required to enroll the wireless phone number associated with your Anchor Device. You must provide the wireless number associated with your Anchor Device, including area code, when seeking assistance in connection with the provision of MDPP Enhanced Support Service (as defined below).
You may add up to two (2) Non-Anchor Devices (as defined in Section III below) to your MDPP at no additional monthly cost at any time after you enroll into MDPP.
As a customer of MDPP, an Eligible Device will automatically become one of the 2 Non-Anchor Devices under your MDPP if you (i) file a Multi-Device Insurance claim under the MDPP Program Coverage Certificate as part of your MDPP on such Eligible Device, or (ii) request the provision of MDPP Enhanced Support Service on such Eligible Device, or (iii) download the Mobile Locate application on such Eligible Device (other than laptops), provided, the Mobile Locate application is compatible with for such Eligible Device.
II. SCOPE OF MDPP ENHANCED SUPPORT SERVICES.
MDPP Enhanced Support Services. MDPP enhanced support service is a monthly subscription service for the provision of personalized concierge support services to assist with most “how-to” and functionality questions relating to Eligible Devices and mobile applications, available to you only as part of MDPP (“Multi-Device Enhanced Support”, “MDPP Enhanced Support Service” or “MDPP ES” ”).
More specifically, MDPP ES includes assistance in the following categories:
a) Basic Functionalities: such as Bluetooth settings; downloading files and music; menu navigation; USB connection settings sending and receiving pictures; and other.
b) Email/Internet Connectivity: such as setting up email and messenger on Eligible Devices; blocking spam/junk emails; browsing and Internet/Wi-Fi connectivity; and other.
c) Entertainment/Personalization: such as social media website support; installing and removing apps, including social media application; device maximization in the home; and other.
d) Technical Support: such as difficulties with charging/powering Eligible Devices; display issues; software issues; Bluetooth errors; email setting errors; and other. In addition, certain virus/malware detection and removal service is available.
For more information on types of MDPP ES and types of Eligible Devices they are available on, go to www.att.com/mdpp.
MDPP ES may be provided by means determined by AT&T at its sole discretion. For details on how MDPP ES is provided, available tools, hours of operation and other information, go to www.att.com/mdpp.
AT&T will use commercially reasonable efforts to provide MDPP ES. This means that if AT&T cannot resolve your problem with respect to your Anchor Device or any Non-Anchor Device after several attempts, AT&T reserves the right, in its sole discretion, to end further efforts to resolve the problem. In addition, AT&T has limited proprietary information from vendors, manufacturers, and developers relating to your Anchor and Non-Anchor Devices and/or applications and may not have the ability to obtain the proprietary information that may be necessary to resolve a specific technical problem. Technical problems that may arise could be the result of software or hardware errors not yet resolved by the hardware or software manufacturer, in which case AT&T may not be able to resolve the problem. MDPP customers are encouraged to follow a practice of regularly backing up information. AT&T shall have no obligation to determine if all adequate back up steps were taken by you. However, if AT&T elects to determine if adequate back up steps were taken, AT&T may, but is not required to, decline to proceed with problem resolution in its sole discretion.
A broadband Internet connection is recommended, but not required, for us to provide MDPP ES. You may be required to have a functional/working computer with newer operating systems, cables and software in order for us to assist you with the resolution of certain problems. For a list of supported operating systems, go to www.att.com/mdpp. We may also recommend a certain course of actions for you to follow that is necessary to receive the MDPP Enhanced Support Service. If you do not have a functional PC, cables or software when required, or are unable to follow AT&T recommendations, AT&T will have no obligation to provide MDPP ES.
III. ELIGIBLE DEVICES.
MDPP Enhanced Support Service is automatically linked to the wireless phone number enrolled in the MDPP and its associated Anchor Device and is available on such Anchor Device and up to two (2) Non-Anchor Devices.
“Non-Anchor Device” is an Eligible Device that is (i) a smart phone, a feature/messaging phone, an air card, a Mifi, for which AT&T provides wireless service on the same post-paid account as your Anchor Device, or (ii) a tablet or a laptop that has a Windows Vista, OS X, Android, iOS or newer operating system, in each case owned or leased by you, regardless of whether AT&T provides wireless service on such tablet or laptop.
If AT&T is your wireless carrier for the provision of wireless services on a Non-Anchor Device, such Non-Anchor Device is a “Connected Device”. If AT&T does not provide wireless services on your Non-Anchor Device, such Non-Anchor Device is a “Non-Connected Device”.
Non-Connected Devices exclude smartphones, feature/messaging phones, air cards, and Mifi(s).
In no event will MDPP ES be available on more than three (3) Eligible Devices at any given time.
IV. REMOTE ACCESS TOOLS; SOFTWARE.
You may be asked if you desire to use a remote access tool for the provision of MDPP ES. For a list of Eligible Devices on which a remote access tool is available please go to www.att.com/mdpp (“Eligible Device”).
To receive MDPP Enhanced Support Service on your Anchor and any Non-Anchor Device by using a remote access tool, you are required to download and run certain software application on such Anchor or Non-Anchor Device that will allow remote access to your Eligible Device and its contents to aid in the diagnosis and provisioning of the MDPP ES (the “Remote Access Software”). If your Anchor or Non-Anchor Device does not allow remote access, but you desire to receive MDPP Enhanced Support Service through use of a remote access tool, you may be required to download and run the Remote Access Software on a tablet and/or a laptop that is not an Eligible Device and not covered under MDPP (a “Facilitating Device”). In such case, we will facilitate the provision of MDPP Enhanced Support Service by using the remote access tool only if you own or lease such Facilitating Device.
In addition, you may be required to download and run other software applications necessary for the provision of MDPP Enhanced Support Service (“Other Software”, and collectively with the Remote Access Software”, the “Software”). You are prohibited from, and expressly agree not to, copy or modify Software or other materials provided with MDPP ES. The Software may be provided by a third party and you will be required to accept the End User License Agreement (“EULA”) provided by that third party prior to downloading the Software. You agree to comply with the EULA and any other terms and conditions that may be provided by the third party with Software and, in the event of a conflict, such Software-specific terms and conditions will take precedence over this Agreement as to such specific Software.
In addition, if you work with a third party on any password or other access-control-oriented problems in connection with the use of the Remote Access Software or otherwise, we strongly recommend that you take steps to protect your password such as resetting such password(s) immediately following the completion of MDPP ES.
There is a monthly recurring subscription fee for MDPP that will be billed to the wireless account you have with AT&T for the wireless phone number associated with your Anchor Device (“MDPP Fees”). On your bill, we may allocate the MDPP Fees between the Multi-Device Insurance and MDPP ES. Regardless of such allocation, you are responsible for paying MDPP Fees, including all charges for or resulting from MDPP ES provided under this Agreement, applicable taxes, surcharges and governmental fees, if any, whether assessed directly upon you or upon AT&T.
You will remain liable to pay any and all MDPP Fees, including charges and fees allocated to MDPP Enhanced Support Service even if AT&T does not resolve your problem for reasons described in this Agreement.
Payment for all charges is made in advance. In the event MDPP is cancelled for any reason, the provision of MDPP ES and this Agreement will automatically terminate and the MDPP Fees, including those allocated to MDPP ES, will be prorated for the time period after such termination. You will receive a credit on your enrolled wireless phone number for the prorated amount within 1 to 2 billing cycles after termination of MDPP.
VI. CHANGES TO CHARGES AND TERMS.
We may change any term, condition, fee, expense, or charge regarding MDPP Enhanced Support Service or add new fees to the MDPP Fees at any time. We may modify our billing practices. We may provide you with notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, or administrative charges, if any) by e-mail or such other means as AT&T determines to be most practicable. If we change the MDPP Fees, or institute new fees or charges, or materially change the scope of MDPP ES, we will notify you of such changes in advance. You are liable for all fees and charges in accordance with billing terms in effect at the time the fees or charges become payable.
You may cancel the provision of MDPP Enhanced Support Service or terminate this Agreement at any time by cancelling MDPP. AT&T may, at its sole discretion, interrupt, suspend or cancel your MDPP, which will interrupt, suspend or cancel your MDPP ES and terminate this Agreement, without advance notice for any reason, including, but not limited to the following: if we believe that (i) you violate any term of your MDPP, this Agreement or your Wireless Customer Agreement; (ii) you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives; (iii) you fail to make all required payments when due; (iv) we have reasonable cause to believe that your Anchor and/or Non-Anchor Devices are being used for an unlawful purpose or in a way that may adversely affect our network or MDPP ES; or (v) you attempt to resell MDPP ES. Any provision of this Agreement which by its context is intended to apply after termination of this Agreement will survive termination.
VIII. CUSTOMER REPRESENTATIONS AND WARRANTIES.
You represent and warrant to us that you are a legal license holder of the software you use. You also represent and warrant to us that you own or lease your Anchor Device, Non-Anchor Devices and the Facilitating Device, including associated hardware, for which you request AT&T to provide you with the MDPP Enhanced Support Service. AT&T will not assist you if you are not the legal license holder of software and owner/lessee of the Eligible Devices under your MDPP and Facilitating Device.
X. DISCLAIMER OF WARRANTIES.
YOUR PURCHASE AND USE OF MDPP ENHANCED SUPPORT SERVICE AND ANY ASSOCIATED SOFWARE IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AT&T MAKES NO WARRANTY THAT (i) MDPP ENHANCED SUPPORT SERVICE OR ANY SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) MDPP ENHANCED SUPPORT SERVICE OR ANY SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE MDPP ENHANCED SUPPORT SERVICE OR ANY SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, SOFTWARE, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH MDPP ENHANCED SUPPORT SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN MDPP ENHANCED SUPPORT SERVICE WILL BE CORRECTED. AT&T DOES NOT WARRANT THAT MDPP ENHANCED SUPPORT SERVICE WILL BE ERROR FREE OR THAT THE SOFTWARE IS FREE OF HARMFUL CODE. IF YOUR USE OF MDPP ENHANCED SUPPORT SERVICE OR SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AT&T IS NOT RESPONSIBLE FOR THOSE COSTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR THROUGH OR FROM MDPP ENHANCED SUPPORT SERVICE AND ANY SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS MAY BE OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, MDPP ENHANCED SUPPORT SERVICES, ANY SOFTWARE, AND ANY PARTS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
XI. LIMITATION OF LIABILITY.
IT IS YOUR RESPONSIBILITY TO BACK UP ALL APPLICATIONS AND DATA ON YOUR ELIGIBLE DEVICE MEMORY OR HARD DRIVE(S) PRIOR TO EVERY SERVICE REQUEST. AT&T AND/OR ITS THIRD-PARTY AGENT SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION, OR CORRUPTION OF ANY APPLICATION, DATA OR FILES, OR ANY DAMAGE TO YOUR ELIGIBLE DEVICE OR COMPUTER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AT&T AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, WHICH INCLUDES ITS THIRD-PARTY SERVICE PROVIDERS, AS WELL AS ANY AT&T PARENT, AFFILIATE OR SUBSIDIARY COMPANY, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, GOODWILL OR OTHER TANGIBLE INTANGIBLE LOSSES (EVEN IF AT&T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (A) THE USE OF MDPP ENHANCED SUPPORT SERVICES OR ANY SOFTWARE USED IN CONNECTION WITH THE PROVISION OF MDPP ES, (B) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION OR ADVICE PROVIDED IN CONNECTION WITH MDPP ENHANCED SUPPORT SERVICES, AND/OR (C) THE INABILITY TO USE MDPP ENHANCED SUPPORT SERVICES OR ANY SOFTWARE, IN EACH CASE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONAL HARDWARE, SOFTWARE, INTERNET ACCESS FROM YOUR ELIGIBLE DEVICE OR COMPUTER AND/OR SPECIAL NETWORK CONNECTION MAY BE REQUIRED, AND YOU ARE SOLELY RESPONSIBLE FOR ARRANGING OR OBTAINING ALL SUCH REQUIREMENTS. SOME SOLUTIONS MAY REQUIRE THIRD PARTY PRODUCTS AND/OR SERVICES, WHICH ARE SUBJECT TO ANY APPLICABLE THIRD PARTY TERMS AND CONDITIONS, AND MAY REQUIRE SEPARATE PURCHASE FROM AND/OR AGREEMENT WITH THE THIRD PARTY PROVIDER. AT&T IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES CAUSED IN ANY WAY BY THE PRECEDING HARDWARE, SOFTWARE OR OTHER ITEMS/REQUIREMENTS FOR WHICH YOU ARE RESPONSIBLE.
AT&T’S TOTAL LIABILITY ARISING OUT OF MDPP ENHANCED SUPPORT SERVICES, OR FROM AT&T’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, IF ANY, SHALL BE, AT AT&T’S SOLE DISCRETION AND OPTION, TO RE-PERFORM MDPP ENHANCED SUPPORT SERVICES OR (b) REFUND ONE MONTH SUBSCRIPTION FEE GIVING RISE TO A CLAIM, IF ANY. THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL AT&T BE LIABLE TO YOU FOR ANY MORE THAN ONE MONTH’S SUBSCRIPTION FEE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
You agree to indemnify, hold harmless and release AT&T, its parent, affiliate and subsidiary companies and their directors, officers, employees and agents, which includes their third-party service providers, from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees, arising in any way from or relating to, directly or indirectly, your purchase or use of MDPP Enhanced Support Service This obligation shall survive termination of this Agreement (including termination of MDPP or MDPP Enhanced Support Service).
XIII. GOVERNING LAW.
The law of the state of your billing address shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law. In the event of a dispute between us, the law of the state of your billing address at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law.
XIV. DISPUTE RESOLUTION BY BINDING ARBITRATION:
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at 888-562-8662. 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.
(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 www.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 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.
(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.
XV. IMPORT/EXPORT CONTROL.
You acknowledge that MDPP ES and any Software (including, but not limited to, technical assistance) provided under this Agreement may be subject to import or export laws, conventions or regulations, and any use or transfer of the Software or technical information must be in compliance with all such laws, conventions and regulations. You will not use, distribute, transfer or transmit any Software or technical information except in compliance with such laws, conventions and regulations. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any Software, you are agreeing to the foregoing and representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. If requested, you agree to sign written assurances and other documents as may be required to comply with such laws, conventions and regulations.
XVI. GENERAL INFORMATION.
This Agreement, and any other policies or guidelines referenced herein, constitute the entire agreement between AT&T and you in connection with MDPP Enhanced Support Service. This Agreement governs your use of MDPP Enhanced Support Service, superseding any prior agreements between you and AT&T with respect to the subject matter of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and AT&T nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the impacted provision, and the other provisions of this Agreement will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MDPP Enhanced Support Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of AT&T to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
XVII. RESERVATION OF RIGHTS AND TRADEMARK INFORMATION.
You understand and agree you receive no title or right of ownership in MDPP Enhanced Support Services or to any Software or other materials provided to you in connection with the Services. All title, including but not limited to copyrights and patent rights, in and to MDPP Enhanced Support Services, Software or other materials related to MDPP ES are owned by AT&T or its affiliates, licensors or suppliers. All rights not expressly granted are reserved by AT&T and its affiliates, licensors and suppliers. Subsidiaries and affiliates of AT&T Inc. provide products and services under the AT&T brand. AT&T, the AT&T logo and all other AT&T marks contained herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. All other trademarks are the property of their respective owners. © 2014 AT&T Intellectual Property. All rights reserved.