AT&T Messages
End User License Agreement


IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD, INSTALL OR USE THE APPLICATION.

This Agreement (the “License”) governs Your access to and use of the AT&T Messages, AT&T Notifier, and AT&T Address Book applications (individually and collectively, as defined below, “Application”).

THIS APPLICATION IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THIS APPLICATION OR PROVIDE AT&T WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS.

BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU AFFIRM THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS LICENSE AND IN THE RELATED AGREEMENTS, AND TO ABIDE BY AND COMPLY WITH THIS LICENSE AND THE RELATED AGREEMENTS. 

IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION CLAUSE OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME.  IF YOU ARE NOT AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN SECTION 10 OF THIS LICENSE.

Please read this end user software license agreement (“License”) carefully before clicking the “Accept” button or downloading or using AT&T Messages, AT&T Notifier, or AT&T Address Book (“Application”).  As used herein, “Application” includes, without limitation, the AT&T Messages, Notifier and Address Book applications, individually and collectively, that are installed on or can be downloaded to Your personal computer or mobile Device (as defined herein), as well as any services specific to the Application (excluding, however, Your applicable wireless service plan), software code, scripts, interfaces, graphics, displays, text, images, artwork, music or video clips, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or this License.  These terms are an agreement between You and AT&T Mobility LLC and its affiliates (individually and collectively, “AT&T”).  “You” and “Your” in this License refer to you, an individual, and/or to the company on whose behalf you accept this License.  If You are an individual accepting this License on behalf of Your company, You represent and warrant that You have the authority to do so.

This Application is licensed, not sold, to You by AT&T for use strictly in accordance with the terms and conditions of this License.  By clicking the “accept” button or downloading or using the Application, You are entering into and agreeing to be bound by the terms of this License, the AT&T Acceptable Use Policy located at att.com/aup, and the AT&T Privacy Policy located at att.com/privacy, each as amended from time to time, which policies are incorporated herein by reference.  If at any time after reviewing the Application You wish to terminate this License, You must un-install and remove the Application from Your Device, and delete any copy in Your possession.

Your purchase and use of the Application also may be governed by terms and conditions required by (i) any applicable third party content and service providers, (ii) the manufacturer and other providers of Your Device and its hardware and software components, including its operating system, (iii) the online store or other applicable distributor through which You obtain the Application, (iv) the applicable wireless service agreement for Your Device, (v) any applicable open source or third party software license, and (vi) the terms or conditions governing Your personal accounts for web content services You access through the Application ((i) through (vi), including without limitation those terms listed in the “Third Party Terms” section of this License, collectively being referred to as the “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 this License, or waiving any restrictions on Your rights to use the Application under this License.  This License 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.  You understand and agree that even if You are not the account-holder for Your Device, Your purchase and use of the Application is governed by terms and conditions in the applicable service wireless service agreement for Your Device.

If AT&T makes any updates or upgrades to the Application available to You, such updates or upgrades shall be subject to the terms and conditions of this License unless the Application is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.  This Application may be downloaded and used only by wireless customers of AT&T or other qualified subscribers. 

1.   THE APPLICATION.  The Application allows You to use AT&T Messages, AT&T Notifier, and AT&T Address Book.

       1.1      Description of AT&T Messages, Notifier and Address Book

       1.1.2   AT&T Messages is AT&T’s next generation of messaging services for compatible mobile Devices.  AT&T Messages provides You with a unified inbox on the AT&T Messages server (“the Cloud”) where all Your message traffic is copied and can be accessed from Your Device and using a web interface from Your personal computer.

       1.1.2.1   Copying and Storage.   All Messages You send or receive will be stored and copied to the Cloud. In addition, when You use the Application on Your Device, call logs and voicemails will be copied to and stored in the Cloud.  Please realize that uninstalling the Application from Your Device will not stop the copying and storage of Messages in the Cloud nor will uninstalling the Application delete Messages that have been copied to and stored in the Cloud. If You wish to stop the copying of Messages to the Cloud and to delete stored Messages from the Cloud, You must remove Your AT&T Messages Service (the “Service”). For instructions on how to remove the Service visit http://www.att.com/messagesfaq or call AT&T Customer Care at 1-800-331-0500 or 611 from Your Device.

       1.1.2.2   Turning Off the Data Function of Your Device.  You acknowledge that if You turn off Your Device’s data function, the Application will not display picture and video messages, voice texts or voicemails nor will the Application sync call logs on Your Device with AT&T Messages on the web. When Your Device is connected to a Wi-Fi network, the Application will display picture and video messages, voice texts and sync call logs to AT&T Messages on the web. Even with the data and Wi-Fi functions turned off, You may access the audio portion of Your voicemail from Your Device when You call Your voicemail system.

      1.1.2.3 Voicemail. Please note that Your voicemail system may automatically delete voicemail over a certain number of voicemail messages. The Application copies all voicemail to the Cloud where it is stored until it is deleted from the Application or from the voicemail system. Please note: Voicemail messages that have been automatically removed from the voicemail system will still be available in the Application unless You delete them from the Application.

For new subscribers as of September 6, 2012, please note that if You listen to or delete a voicemail message from the Application, the corresponding voicemail message will not be available to listen to via a voice call to the voicemail system.

If You are only using AT&T Messages on the web, You will not have access to voicemail through the Application.

       1.1.3 AT&T Notifier is a downloadable application that allows You to use AT&T Messages on Your personal computer (provided that Notifier is compatible with Your personal computer).

       1.1.4 Address Book is a feature that allows You to synchronize contacts between Your mobile Device and an online address book.  As an AT&T Messages subscriber, You will also be provisioned with AT&T Address Book.

       1.1.4.1 Contact Information and Content. "Contact Information" is the personal contact information You include in Address Book. "Content" is information generated or encountered through use of Address Book, such as photographs, images, sounds, videos, messages and other like materials. You agree to use Contact Information and Content solely for Your own personal use.

       1.2     AT&T NOT RESPONSIBLE FOR YOUR MESSAGES, CONTACT INFORMATION AND CONTENT.  AT&T is not responsible or liable in any way for messages, Contact Information or Content transmitted or received by You. AT&T does not and has no obligation to screen, edit, or control messages, Contact Information or Content You transmit or receive. AT&T does not guarantee the accuracy, integrity or quality of messages, Contact Information or Content transmitted. The transmission and receipt of messages, Contact Information or Content is solely at Your own risk. AT&T has the right, but not the obligation to pre-screen, refuse, or remove Content that is illegal, violates this License, or exposes AT&T to risk of claims.

      1.3      CONSENT TO STORE YOUR MESSAGES, CONTACT INFORMATION AND CONTENT.  You grant AT&T the right to store Messages, call logs, voicemail, Contact Information and Content on storage systems operated by AT&T. You acknowledge and agree that even though You delete Messages, including call logs and voicemail, Your Messages, call logs and voicemail may be retained on AT&T's and its suppliers', licensors' and collaborators' systems and may be produced if required by law, court order, subpoena, or other lawful process. You acknowledge, consent and agree that AT&T may access, preserve and disclose Messages and call logs, if required to do so by law or if AT&T believes in good faith that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms; (iii) respond to claims that any Message violates the rights of third parties; (iv) respond to Your requests for customer service; or (v) protect the rights, property or personal safety of AT&T, its users and the public.

AT&T reserves the right to delete Messages, call logs, voicemail, Contact Information and Content and to establish usage limits, including without limitation as to the number of Messages, call logs, voicemail, Contact Information and Content that can be stored; how long such Messages, call logs, voicemail, Contact Information and Content will be stored; the number of Messages that can be sent; the number of message recipients, international text and MMS messaging; the maximum size of available server space for Your Messages, Contact Information and/or Content; whether or not there is a charge for storing such information in connection with the Application; and the maximum number of times and the maximum duration for which You may access Address Book. AT&T reserves the right to modify these and other practices without any notice to You. AT&T is not obligated to store Messages, call logs, voicemail, Contact Information, Content, and/or other information maintained or transmitted through the Application. You agree that AT&T, its licensors, and suppliers have no responsibility or liability whatsoever for the deletion, loss, removal or failure to store any Messages, call logs, voicemail, Contact Information, Content, or other information maintained or transmitted through AT&T Messages.

If a company or other entity is the responsible party for Your Application account(s), for example where a company or entity or other family member is responsible for paying for Your wireless charges or is otherwise liable for Your wireless charges, You authorize us to share Your account information, and all Messages, call logs, voicemail, Contact Information and Content within the Application with the responsible party or its authorized agents.

       1.4 CONSENT TO USE LOCATION INFORMATION.  Depending on Your privacy settings, this Application may access and use Your personally identifiable location information (“Your Location Information”) in order to provide certain search functionality.  Specifically, if You use the YellowPages.com search functionality (YPC Services) available through AT&T Address Book, and if You choose “Go” or “OK” to allow YPC Services to use Your current location, then You give Yellowpages.com and its vendors permission to use, disclose, and display the current location of Your Device in the provision of the YPC Services, including by geo-tagging Your messages and Content, in accordance with the Yellowpages.com Mobile End-User License Agreement referenced in the Third Party Terms section of this License.  Yellowpages.com is not responsible for Your Location Information if You choose to publicly disclose it through the use of the YPC Services.  You can manage the use of location data through Your Device, generally in settings menu for the Device. Please refer to Your applicable Device user manual for specific instructions.

       1.5  NOTICE REGARDING PERSONAL AND CONFIDENTIAL INFORMATION.  You should delete and should not store confidential or proprietary information of any kind, such as trade secrets, attorney client information, business records and plans, or sensitive personal information such as financial records, credit information, social security or other identifying information from Your Application account in the Cloud. You are responsible for the security of the Application on Your Mobile Device(s) and personal computer, and AT&T Messages on the web. AT&T is not liable for any unauthorized use of Your Application account or for any damage or loss that You may suffer as a result of any unauthorized use of Your Application account. AT&T is not responsible for others accessing the Application on Your Device or personal computer, or AT&T Messages on the web, if Your Device or computing device is lost or stolen.

       1.6  NOTICE REGARDING USE OF HEALTH-RELATED APPLICATION.  You are not authorized to use the Application to store Protective Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”) and AT&T specifically disclaims any responsibility or obligation to act as a Business Associate under HIPAA.

       1.7  Technology Enhancements.  AT&T may enhance, upgrade, improve or modify, the technologies that underlie the Application without providing You notice of such enhancements, upgrades, improvements or modifications (“Technology Enhancement”). You acknowledge that AT&T has no express or implied obligation to announce or make available any Technology Enhancement in the future. Should a Technology Enhancement be made available, it may contain features, services or functionality that are different from those currently provided and You acknowledge and agree AT&T shall not liable to You if AT&T discontinues providing a feature, service or functionality previously provided or You must upgrade Your service to obtain an enhanced, upgraded, improved or modified feature, service, or functionality.

       1.8  Fees and Charges.  You will be charged per the wireless service agreement applicable to Your Device for any Message that You send or receive. Billable messages include text messages, picture and video messages, voice text messages, and forwarded voicemails ("Messages"). Messages will be charged when sent or received, whether read or unread, solicited or unsolicited. AT&T does not guarantee delivery of said Messages. The Application will temporarily interrupt any active Wi-Fi connection if necessary to verify Your account credentials via the cellular network. During the verification process, any data that You send or receive in connection with either the Application (including for verification) or any other applications will be sent or received over the cellular data network and will count against Your data plan (instead of Your messaging plan). Voice, data and messaging rates may apply when You use the Application.

        1.8.1 International Charges.  Additional charges apply when sending Messages to or from countries outside the U.S., and from U.S. territories other than Puerto Rico and the U.S. Virgin Islands over the wireless network. When roaming internationally, delivery of voicemail and voice text messages to the Application on Your Device(s) will incur international roaming data charges if data is turned "on" and You are not connected to a Wi-Fi network. In addition, if You are not connected to a Wi-Fi network and the data function on Your Device(s) is turned "on", the Application on Your Device(s) will perform certain administrative transactions, which will also incur international data roaming charges.

       1.8.2 Price Changes.  AT&T reserves the right to change its prices or to institute additional charges, including without limitation for storage of Messages or for Address Book. We will inform You in advance of any price increase or the institution of any additional charge for the Application. If You do not agree to these price changes or the institution of the charge, Your sole remedy is to cancel and stop using the Application, and to remove the Service by following the instructions at http://www.att.com/messagesfaq or calling AT&T Customer Care at 1-800-331-0500 or 611 from Your Device before the change takes place. If AT&T implements a charge for Address Book, You acknowledge AT&T has the right to charge You for Address Book as long as Your Address Book account remains active and regardless of whether or how often You actively use Address Book. If You continue to use the Application after the price change or price institution has taken effect, You will be deemed to have agreed to the price increase or price institution. You agree to pay all charges when due.

     1.9  Non-Availability of the Application.  The Application, or any feature or part thereof, may not be available in all locations and AT&T makes no representation that the Application, or any feature or part thereof, is available for use in any particular location. The Application may also be unavailable at times due to maintenance, repair, or software or system upgrades. AT&T may need to stop provisioning the Application, either temporarily or permanently. You agree that AT&T shall not be liable to You or any third party for any unavailability, modification or cessation of the Application.

2.   LICENSE GRANT AND USE RESTRICTIONS.

      2.1  License Grant.  Subject to the restrictions set forth in Section 2.2, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use a copy of the Application on eligible Device(s) owned and controlled by You (each, a “Device”) and, for AT&T Notifier, a personal computer owned and controlled by You, and to access and use the Application on such Device and personal computer solely for Your personal use, strictly in accordance with the terms and conditions of this License, the Related Agreements, and all applicable local, national, and international laws and regulations.  You represent, warrant and agree that You are using the Application solely for Your own personal use and not for redistribution or transfer of any kind.

     2.2  Restrictions on Use.  You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, even for research purposes; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AT&T or its collaborators, suppliers or licensors; (e) use the Application in a manner that derives revenue directly from such use, or use the Application for any other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the Application to multiple Devices; (h) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by AT&T; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail, or to violate do not call or automatic dialing laws and regulations; (k) misrepresent or spoof Your identity; (l) use any proprietary information or interfaces of AT&T or other intellectual property of AT&T in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (m) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Device or (n) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Application.  You agree to abide by the rules and policies established from time to time by AT&T.  Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues.  These obligations survive termination of this License.

3.   INTELLECTUAL PROPERTY RIGHTS.

       3.1 Rights to Application.  You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that You download, install, or use on Your Device) , and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of AT&T or its collaborators, licensors, or suppliers.  Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of AT&T and its collaborators, licensors and suppliers.  Title to the Application shall remain with AT&T.  AT&T and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Application (or any copy thereof) at any time without notice and will have no liability for doing so.  Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by AT&T.   These obligations survive termination of this License.

      3.2  AT&T Marks.  You acknowledge and agree that the following company names and their related logos and all related product and service names, design marks and slogans are trademarks and service marks owned by and used under license from AT&T:  “AT&T,” and “AT&T Notifier” (the “AT&T Marks”). You are not authorized to use the AT&T Marks in any advertising, publicity or in any other commercial manner without the prior written consent of AT&T, which may be withheld for any or no reason.  These obligations survive termination of this License.

      3.3  Open Source Software.  The Application may utilize or include third party software that is subject to open source license terms (“Open Source Software”), including those set forth in the “Third Party Terms” section below.  You acknowledge and agree that Your right to use such Open Source Software as part of the Application is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the “Open Source License Terms”).  In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control. 

4.   NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES.

       4.1 General.  You acknowledge that the Application may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content collaborators, marketing agents, vendors and other third parties (“Third Party Content and Services”).

       4.2 Disclaimer.  You acknowledge that AT&T does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed through the Application).  Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and AT&T shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services.

       4.3 Third Party Terms of Service.  You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein.  You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that AT&T and its collaborators, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that this License does not grant You any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.  You agree that You will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that AT&T and its collaborators, suppliers, and licensors are not in any way responsible for any such use by You.

      4.4  Endorsements.  You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by AT&T of such Third Party Content and Services.  AT&T reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although AT&T has no obligation to restrict or deny access even if requested by You.

      4.5  Inaccurate or Inappropriate Materials.  You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that are incomplete or inaccurate; (ii) that You or others may deem offensive, indecent, or objectionable; (iii) which may or may not be identified as having explicit language, and (iv) that automatically and unintentionally appears in search results, as a link or reference to objectionable material.  Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that AT&T and its collaborators, suppliers, and licensors shall have no liability to You for information, material or subject matter that is found to be incomplete, inaccurate, offensive, indecent, or objectionable.

5.   User-Submitted Content. 

      5.1  The Application may contain features that allow You to submit, post or display content through the Application.  You may not use or allow others to use the Application, directly or indirectly through Your Device or wireless number, nor upload, distribute, transmit, communicate, link to, public or access any data, information or material through, using or otherwise in connection with the Application, that (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; or (c) infringes any copyright, trademark or other intellectual property right, or any proprietary or personal rights or confidentiality obligations of others.  You are solely responsible and liable for any such activity, behavior, use and conduct.  This means that You, and not AT&T or its collaborators, suppliers, or licensors, are entirely responsible for all content that You provide via the Application.  AT&T reserves the right to filter, edit, or control the user-submitted content posted via the Application and does not guarantee the accuracy, integrity or quality of such content.  Under no circumstances will AT&T or its collaborators, suppliers, or licensors be liable in any way for any user-submitted content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, transmitted or otherwise made available via the Application.

      5.2  If You provide content through the Application (“User Submission”), You grant AT&T a 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 User Submission (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works without compensation or attribution to You.  You also hereby waive any moral rights in Your User Submission. AT&T is under no obligation to post or use any User Submission You may provide and AT&T may remove Your User Submission at any time in its sole discretion. You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect to Your User Submission. You represent and warrant that You own or otherwise control all necessary rights, consents and permissions to Your User Submission necessary to submit such material and to grant AT&T all of the license rights granted herein.

6.   TERM AND TERMINATION.  This License shall be effective until terminated. AT&T may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice.  AT&T may, without notice to You, disable the Application or certain of the Application functionality.  Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by AT&T. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application, and, if applicable, remove the Service.  You can terminate Your use of the Application at any time by following the instructions for removing the Application and Service. If the License and the rights afforded to You hereunder are suspended or terminated, AT&T reserves the right to immediately delete Your Messages, call logs, Contact Information, Content, data, files, and other information stored in or for Your account without further notice to You. You must pay all charges, if any, for the Application through the date of termination. No refunds shall be granted for fees, if any, paid in advance. Should You wish to resume the Application after any suspension, a restoral of service fee may apply.  AT&T will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy AT&T may have, now or in the future.  These obligations survive termination of this License.

7.   DISCLAIMER OF WARRANTIES.  
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION, 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 THE APPLICATION 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 THE APPLICATION 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 LICENSE, 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) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION 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 THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION 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 THE APPLICATION 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 THE APPLICATION. YOU ACKNOWLEDGE THAT THE APPLICATION 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, THE APPLICATION 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 THE APPLICATION 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 RESPECTIVE 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 THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION.   THIS SECTION 7 SHALL SURVIVE TERMINATION OF THIS LICENSE.

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

8.   LIMITATION OF LIABILITY.  EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR RESPECTIVE 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 THE APPLICATION 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 THE APPLICATION, (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE APPLICATION 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 8 SHALL SURVIVE TERMINATION OF THIS LICENSE.

9.   INDEMNIFICATION.  You shall indemnify, defend and hold harmless AT&T and its collaborators, suppliers and licensors, and their respective 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 the Application or Third Party Content and Services, including without limitation any messages, information and content that You transmit, receive, store, display or access through or using the Application; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party. 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 the Application.  These obligations survive termination of this License.

10.   DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS CAREFULLY, IT AFFECTS YOUR RIGHTS.

IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME.  IF YOU ARE NOT AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN THIS SECTION 10.

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 License 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.

       10.1   Arbitration Agreement.

                 10.1.1  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 License 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 License. 

For purposes of this Section 10.1 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 Application, or of services or devices under this License 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 License, You and AT&T are each waiving the right to a trial by jury or to participate in a class action.  This License 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 License.

                10.1.2  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 att.com/arbitration-forms.

                10.1.3  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 License, and will be administered by the AAA.  The AAA Rules are available online at 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://att.com/arbitration-information.)  The arbitrator is bound by the terms of this License.  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.

                10.1.4  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.

                 10.1.5  The right to attorneys' fees and expenses discussed in paragraph 10.1.4 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.

                 10.1.6  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.

                10.1.7  Notwithstanding any provision in this License 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 License 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.

11.   MISCELLANEOUS.  The following provisions survive termination of this License:

                11.1  Governing Law, Limitation on Actions.  This License 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.  This License 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 the Application or Your use of the Application must commence within one (1) year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.  This Section 11.1 is not intended to and does not alter any provisions of Your applicable wireless service agreement.

                11.2  Contact Information.  In the event that You have a question, complaint or claim regarding Your use of the Application, please call AT&T Customer Service by dialing 611 from Your Device if you are an AT&T Wireless service subscriber or 1-800-331-0500 or visit att.com/db.

                11.3  Severability.  If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, 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 this License shall be valid and enforceable to the fullest extent permitted by law.

                11.4  Waiver.  Except as provided herein, the failure to exercise a right or require performance of an obligation under this License 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.

                11.5  Jurisdictional Issues, Export Control.  You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained.  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. You also agree that You will not use the Application for any purposes prohibited by United States law or other applicable laws.

                11.6  U.S. Government Restricted Rights.  The Application was developed at private expense and is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement, and their successors, and all other Federal laws and regulations that protect Licensor rights in privately developed commercial software.

               11.7  Performance or Benchmark Testing.  You may not disclose the results of any benchmark test using the Application to any third party without AT&T’s prior written approval.

               11.8   Modification or Amendment.  AT&T may modify or amend the terms of this License at any time, with or without notice to You, by posting a copy of the modified or amended License available through the Application or at www.att.com/messagesterms.  You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Application following the date in which the modified or amended License is made available through the Application at www.att.com/messagesterms.

               11.9  Survival.  Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.

              11.10  Third Party Beneficiaries.  Except as explicitly provided in this License or in the Related Agreements, nothing contained in this License 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. 

              11.11  No Transfer by You.  You may not rent, lease, lend, sublicense, assign or transfer the Application, this License or any of the rights granted hereunder.  Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.  These obligations survive termination of this License.  AT&T may assign this License without restriction.

              11.12  Copyright Complaints.   AT&T respects the intellectual property rights of others. If You believe that Your work has been copied and has been posted, stored or transmitted by or through the Application in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing AT&T’s Copyright Agent the following written information: 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that You claim has been infringed upon;
  • A specific description of where the material that You claim is infringing is located on the Sites;
  • Your address, telephone number, and e-mail address;
  • A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

 

AT&T’s Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:

Manager of Security & Copyright Infringement
1800 Perimeter Park Drive, Suite 100 Morrisville, NC 27560
Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: copyright@att.com

For more information about AT&T’s copyright protection practices under the DMCA and for information on how to contact AT&T’s DMCA agent, please refer to http://www.att.net/general-info/claims.html.

             11.13  Entire Agreement.  This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.

Third Party Terms.   The below Third Party Terms are incorporated herein and made part of this License:

The Application uses Open Source Software that is licensed under the Apache License, Version 2.0 (the "Apache License"); and you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the Apache License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under the Apache License.

The Application also uses Open Source Software that is licensed from the World Wide Web Consortium (W3C) Copyright © 2011 World Wide Web Consortium, (Massachusetts Institute of Technology, European Research Consortium for Informatics and Mathematics, Keio University). All Rights Reserved. THE W3C SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION. The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this W3C software and any associated documentation will at all times remain with copyright holders.

The Application allows access to services provided by Yellowpages.com.  Use of any business searches and any Yellowpages.com Services (herein referred to as the "YPC Services") which is defined in the Yellowpages.com Mobile End-User License Agreement (herein referred to as the "YPC Mobile EULA" is subject to the YPC Mobile EULA at www.yellowpages.com/about/legal/eula, and is incorporated into these Terms and Conditions by this reference. Your use of the YPC Services constitutes your consent to the YPC Mobile EULA.  Please note, if you choose "Go" or "OK" to allow the YPC Services to use your current location, then, you give Yellowpages.com and its vendors permission to use, disclose, and display the current location of your wireless device in the provision of the YPC Services, including geo-tagging your messages and content.  Yellowpages.com is not responsible for your location information should you choose to publicly disclose through the use of the YPC Services. Data charges apply. You can manage the use of location data through your device, generally in settings menu for the device. Please refer to your user manual for specific instructions.

Maps are provided by Bing. For Microsoft's terms of use, see: http://go.microsoft.com/fwlink/?LinkId=21969 ; © 2011 Microsoft Corporation; © 2011 NAVTEQ; © 2011 Traffic.com; © 2011 Harris Corp; © 2011 Earthstar Geographics LLC; © 2011 EarthData; © 2011 Getmapping plc; © 2011 GeoEye; © 2011 MapData Sciences Pty. Ltd. © 2011 PSMA Australia Ltd.;
© 2011 Digital Globe; Images courtesy of NASA Images courtesy of USGS. AT&T is not affiliated with the aforementioned third parties.