AT&T ConnecTech Terms of Service
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AT&T CONNECTECH TERMS OF SERVICE
DESCRIPTION OF SERVICES
REMOTE SUPPORT SERVICES
IN-HOME SUPPORT SERVICES
ENHANCED SUPPORT
TOS UPDATES
SOLUTIONS GUARANTEE, BILLING AND PAYMENTS
CUSTOMER REPRESENTATIONS AND WARRANTIES
PRIVACY
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
INDEMNIFICATION
GOVERNING LAW
DISPUTE RESOLUTION BY BINDING ARBITRATION
IMPORT/EXPORT CONTROL
GENERAL INFORMATION
RESERVATION OF RIGHTS AND TRADEMARK INFORMATION
AT&T ConnecTech® services are provided by AT&T Corp or its affiliates or contractors (collectively, "AT&T"). The following Terms of Service ("Terms" or "TOS") constitute the contract between you and AT&T.
AT&T ConnecTech services include Remote Support Services and In-Home Services, as described in these TOS and at connectech.att.com ("Site"). As used in these TOS, Services refers to all AT&T ConnecTech services. Services may not be available in all areas. Services are available for residential users, and for some Services, small business users only (not available for enterprise applications or other office/server applications).
This section of the Terms of Service outlines terms and conditions applicable to Remote Support Services and In-Home Support Services.
AT&T ConnecTech Remote Support Service includes (1) Support Plus; 2) Enhanced Support; 3) Remote Advanced Set Up & Service; 4) Time-Based Expert Tune-up, 5) Expert Assistance Services and 6) Online (Remote) Services. These services are collectively called Remote Support Services in these TOS.
Support Plus and Enhanced Support are monthly subscription services that may have a minimum term requirement and are collectively referred to as Subscription Services in these TOS. Remote Support Services that are not Subscription Services are collectively referred to as One-Time Remote Services in these TOS.
1. Terms Applicable to All Remote Support Services
The following terms apply for all Remote Support Services. If there is a conflict between a term in the terms for a specific Remote Support Service and the terms for all Remote Support Services, the term included under the specific Remote Service controls.
Reasonable Effort Service -- Remote Support Services include, but are not limited to, assistance in the areas of troubleshooting, installation, configuration, and set up of certain products, devices, systems, and applications. Remote Support Services do not include fundamental training needs on software packages nor programming or development support. Remote Support Services are "reasonable efforts" services. That means that if your problem should prove more difficult than AT&T can reasonably resolve, AT&T reserves the right, in our sole discretion, to end further efforts to resolve the problem.
Remote Access Application -- A broadband Internet connection is required for Remote Support Services Remote Support. To receive certain Remote Support Services, you may be required to download and run certain software applications (on your covered device or hardware) to aid in the diagnosis and provisioning of Services ("Software"). You are prohibited from, and expressly agree not to, copy or modify Software or other materials provided with the Service. You further agree to comply with the terms and conditions that are provided with any Software and, in the event of a conflict, such Software-specific terms and conditions will take precedence over these TOS as to such Software.
Third Parties -- AT&T reserves the right to deliver all Remote Support Services via independent and authorized third party service representatives and technicians.
Supported Products -- AT&T reserves the right to refuse to troubleshoot devices, systems and applications not in our list of supported products.
Right to Terminate -- AT&T reserves the right to discontinue and terminate Services, including, but not limited to Subscription Services, for abuse, excessive usages or any other reason in its sole discretion.
Refunds -- If AT&T exercises its right to end or terminate service and AT&T in its sole discretion agreeds to pay a refund, such a refund will be limited to the per-incident fee for One-Time Remote Services, one month price for Subscription Service with no term and, a pro-rated amount of the service fees paid for a Subscription Service with a minimum term.
Representations and Authorizations by Customer -- You represent and warrant you are a legal license holder of the software and you own any hardware or network devices you request AT&T to assist you with in association with the Remote Support Services. AT&T will not assist you if you are not the legal license holder of software and owner of all devices. You authorize AT&T to effect changes to your computer(s) and settings for your computer and other equipment as a result of providing Remote Support Services.
Redemption Period -- Unless indicated otherwise, One-Time Remote Service customers are entitled to the right to use the service once within the thirty (30) calendar days of purchase or eligibility.
No Entitlements -- You understand and agree that Remote Support Services do not include free upgrades of existing software, operating systems, or applications. Further, use of Remote Support Services does not constitute a license to use software, applications, or equipment that AT&T is troubleshooting. AT&T does not provide any such upgrades or licenses, which are solely your responsibility and you must acquire them from the appropriate sources.
Other Terms -- AT&T has limited proprietary information from vendors, manufacturers and developers and may not have the ability to obtain the proprietary information that may be necessary to resolve a specific technical problem. Techncial problem that may arise may 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 this problem.
Since providing Remote Support Services can include steps that you will need to take before the problem can be resolved, such as buying cables, acquiring software, backing-up data, etc. AT&T will keep your ticket open so that it can be referenced again when you are ready to go to the next step. If you cannot pursue the course of action AT&T recommends, AT&T will consider the ticket closed.
It is your responsibility, and AT&T encourages you, to back up all software and data on your computer's hard drive(s) and /or any other storage devices. It is also your responsbility to provide proper and updated protection from viruses/worms and spyware/malware.
2. SPECIFIC REMOTE SUPPORT SERVICES
A. SUPPORT PLUS SERVICES
The following terms apply for Support Plus Service only.
Specific products, devices, systems, and applications covered by Support Plus Services include those listed at monthlytechsupport.att.com. Support Plus Service will be provided for up to four (4) computers per household. Customers are required to use a current, industry-recognized anti-virus application on covered computers. Failure to use a current, industry-recognized anti-virus application may constitute a breach of these Terms of Service.
B. ENHANCED SUPPORT
The following terms apply for Enhanced Support Services only.
Enhanced Support Services includes remote support as described below for one qualifying (i) Feature Phone or Smartphone; (ii) Netbook or Notebook, (iii) LaptopConnect Card or MiFi device; (iv) AT&T 3G Microcell device; or (v) Table Device. Enhanced Support Service is available to AT&T Mobility customers with a qualifying AT&T mobile data plan and supported device. The list of supported devices is available at att.com/mobileprotectionpack or by calling 1-888-562-8662.
Enhanced Support Service requires an active qualifying AT&T Mobility account, an existing and functioning high-speed/broadband Internet connection, compatible home Wi-Fi gateway/router (as applicable), and a functional/working PC with Windows XP or newer OS. Limited support may be available for customers with an Apple computer with Macintosh OS X, 10.4 Tiger or 10.5 Leopard and above. Wireless data usage charges may apply to receive the service. You are solely responsible for any such wireless data charges.
Enhanced Support Service includes technical and diagnostic support for the Supported Devices, operating system and software applications on, or intended to be used by, the Supported Device and connectivity issues between the Supported Device and a "Connected Device," which is a device that meets the Supported Device's connectivity specifications and runs an operating system that is supported by the Supported Device.
Enhanced Support does not include: assistance with network coverage issues (for example, dropped calls/data interruptions): over-the-air updates to the operating system, firmware or other software; diagnostic support not related to the Supported Device; modification of OEM software; installation of third-party software or OEM driver not supported by the Supported Device; computer setup, support or repair; home or wireless router/modem or network setup, support or repair; peripheral setup, support or repair; installation of non-sanctioned applications; data migration from computer to computer.
C. REMOTE ADVANCED SET UP AND SERVICE
The following terms apply for Remote Advanced Set Up & Service only.
Remote Advanced Set Up & Service provides a customer the choice of one of three options for levels of service as listed in this section of the TOS. Each option is a stand-alone service offer that cannot be combined with the other two options without additional charges potentially applying. Service does not include on-site service or replacement of hardware or software (including operating systems). An active broadband Internet connection is required. AT&T does not recommend use of wireless Internet service to receive Remote Advanced Set Up & Service. You are solely responsible for any wireless data charges.
i. Option 1: Advanced Assistance. Service includes reasonable efforts to assist and help fix a single identified problem. The technician will attempt to diagnose and repair the identified problem; configure Windows settings to provide updates via manual requests using your preferred broadband connection; and install and configure anti-virus and anti-spyware software and settings if available. Advanced Assistance service option does not include activities outlined in the Netbook Start-Up service option nor the Performance Help service option. Additional services are available for additional fees.
ii. Option 2: Netbook Start-up. Requires purchase of a qualifying netbook computer from a corporate-owned AT&T retail store. Service includes assistance with setting up your new netbook and configuring it with an existing home network. Netbook Start-Up service option does not include activities outlined in the Advanced Assistance service option not the Performance Help service option. Additional services are available for additional fees.
iii. Option 3: Performance Help. Scope and Limitations: The Performance Help option is a notebook tune-up and optimization service designed to help optimize an existing laptop/PC's performance. A technician will perform an online system optimization routine removing unnecessary processes and deleting unwanted files that slow a computer down. Performance Help service option does not include activities outlined in the Advanced Assistance service option nor the Netbook Start-up service option. Additional services available for additional fees.
D. TIME-BASED AT&T EXPERT TUNE-UP
Time-based AT&T Expert Tune-up service requires an initial evaluation and identification of issues by AT&T, performed in a manner to be determined by AT&T. Time-based AT&T Expert Tune-up service is "reasonable efforts" remote tech support service through which AT&T will work to resolve issues previously identified by AT&T. Time-based AT&T Expert Tune-up service offers include up to 30 minutes of support, up to 40 minutes of support, up to 65 minutes of support, and up to 90 minutes of support. Time-based Expert Tune-up service includes support for only the issues identified by AT&T in its evaluation. AT&T may, in its sole discretion, go over the allotted time period for support. There is no minimum time period for support. There are no refunds, even if support is provided for a shorter period of time than was purchased.
E. EXPERT ASSSISTANCE SERVICES
i. Expert Assistance
Expert Assistance is a One-Time Remote Service providing support for one and only one of the following: (i) email support; (ii) setting up file sharing between desktop and laptop PCs on a home network, (iii) installation and configuration of a scanner; (iv) installation, configuration and troubleshooting of a standard home network router or monitor; (v) installation/uninstall and configuration assistance with firewall settings; (vi) MP3 player cable connection assistance; or (vii) installation, configuration and troubleshooting for browsers but does NOT include resolving incompatibilities with third-party websites. Service does not include support or coverage for any other hardware or applications/software, including but not limited to, support of any operating system. Service covers a single device or single service only as described above. Additional charges apply for wireless network set up or any repairs or support related to viruses/spyware, OS recovery, hardware failure or other causes not specifically including in one of the options listed above. Email support is limited to a maximum of 3 email accounts.
ii. Expert Assistance - Enhanced
Expert Assistance - Enhanced is a One-Time Remote Service providing repairs for many issues that significantly impair or stop PCs from functioning. The service does not include fundamental training needs on software packages nor programming or development support. Service covers a single device. Expert Assistance - Enhanced service includes support for the repairs listed below:
F. ONLINE REMOTE SERVICES
The following AT&T Connectech Online Remote Services are One-time Remote Services:
B. IN-HOME SUPPORT SERVICES
AT&T ConnecTech In-Home Support Services include (1) Virus Removal, PC or Network Support (In-Home), 2) Security Audit & Restore Point Setup (In-Home), 3) New Computer Setup (In-Home), 4) Wireless Network Setup (In-Home), 5) Device Installation (In-Home) and 6) Software Installation (In-Home). These services are collectively called Support Services in the TOS. All Home Support Services are one-time, per-incident, fee-based services and are not available on a subscription basis.
1. Terms Applicable to All In-Home Support Services.
The following terms apply for all In-Home Support Services, except as noted otherwise under specific categories or service offerings. If there is a conflict between terms for a specific In-Home Support Service and terms for all In-Home Support Services, the terms for the specific In-Home Service control.
Service Availability & Appointments. Service available 7 days a week with appointment hours each day, 8 am to 5 pm local time. Our toll-free sales support center 1-800-344-1734 is available daily, 8 am-11 pm Central Time. Next day appointments may be available in some areas for appointments made before 3:00 PM local time the day prior. Service must be scheduled within 45 days or purchase.
Appointment Changes or Cancellations. You must provide at least 24 hours advance notice of any cancellation or rescheduling request for your appointment. If you fail to provide at least 24 hours advance notice, you will be charged a cancellation charge if AT&T has incurred expenses for your appointment. If you do change your scheduled appointment, additional restrictions for appointment availability may apply.
Service Coverage/Additional Charges. Service available in all 50 states, although not available in all parts of all states. Unless otherwise noted, Services are limited to one trip, and to a total on-site duration of 2 hours. If your service location is outside our standard range of our service providers, you may be offered service with additional travel charges. Use the zip code inquiry interface at connectech.att.com (select a service, press Order Now and enter the zip code) to determine if your location is within our service area, or call 1-800-344-1734 for information and travel charges (if applicable). AT&T reserves the right to change coverage and services offered at any time, and AT&T expressly reserves the right to deny service for any or no reason without liability or penalty, except as expressly stated in these TOS.
Third Parties. AT&T reserves the right to deliver all In-Home Support Services via independent and authorized third party service representatives and technicians.
Support Products. AT&T reserves the right to refuse to troubleshoot devices, systems and applications not in our list of supported products.
Additional Device/System Requirements. (1) High-speed Internet access must be available for Services requiring Internet access; (2) Computer(s) and devices must be in working condition (i.e., able to power on with functioning hardware); (3) Operating system and/or ISP passwords must be available; (4) Operating system disks and key codes must be available; and (5) Software and peripheral hardware must be compatible with computer configuration..
Access. AT&T's technician must have 1) access to your residence and the computer(s) and/or peripheral(s) to be serviced, 2) your consent and cooperation to enter your residence or business, 3) a safe working environment and work space, and 4) electrical power. If the AT&T technician determines that these conditions have not been met, service can be denied and a cancellation charge assessed.
AT&T technicians will not be held responsible for moving any furniture, valuables, or any other customer-owned items. AT&T technicians will not, under any circumstances, move, alter, or install electrical outlets.
Service Authorization. For all In-Home Support Services, a person at least 18 years of age must be present during the entire time period Services are provided. If no adult is present, Services will be denied and a cancellation charge will be assessed.
Force Majeure. If AT&T and/or its third-party service providers ability to provide Services is impaired by circumstances beyond the control of AT&T or its third-party service provider, including but not limited to road or traffic conditions, weather, natural disasters, strikes, or other causes, AT&T or its third-party service provider may choose not to provide Services.
Other Terms. Only owner-licensed software will be installed or re-installed by an AT&T technician. Specialty installations, including but not limited to enterprise software or hardware, structured cabling/wiring, or customer configurations, are excluded.
It is your responsibility, and AT&T encourages you, to back up all software and data on your computer's hard drive(s) and/or any other storage devices prior to every appointment. It is also your responsibility to provide prosper and updated protection from viruses/worms and spyware/malware.
At the discretion of AT&T, these TOS may be updated from time to time, without prior notice to you; although we will notify you of updates that have a material impact on you. AT&T reserves the right to make any updates by posting the revised TOS on the Site. You can review the most recent version of these TOS at any time on the Site and it is your responsibility to routinely review these TOS. Your continued use of any Service following any change in the TOS constitutes your acceptance of those changes.
III. SOLUTIONS GUARANTEE, BILLING AND PAYMENTS
Available offers and billing options may vary from time to time and based on customer location, other AT&T services purchased, and additional restrictions and qualifications. Prices for Services are explained and quoted to you at the time of purchase. All charges must be authorized by you in advance and will be billed to a major credit card or on your AT&T U-verse, Mobility or other AT&T bill, depending on the subscription or offer selected when you ordered the Services. If billed by credit card, it is your responsibility to maintain a non-expired and valid credit card on file for billing purposes. You agree to pay all fees and charges specified when you ordered the Services, including any recurring and nonrecurring charges, taxes, fees and assessments applicable to the Services.
Solutions Guarantee: AT&T ConnecTech Support Plus, One-Time Remote Support Services and In-Home Support Services come with a Service Guarantee available to the original purchaser of the AT&T ConnecTech service.
for Support Plus subscriptions: If AT&T cannot provide an effective solution to the first issue presented and the first issue was presented for resolution is within 30 days of the subscription purchase date, the first month subscription fee will be refunded and applicable Early Termination Fees (ETFs) will be waived upon request. Requests for refunds/ETF waivers must be made within 30 days of the purchase date.
for One-Time Remote Single Event Services: If AT&T cannot provide an effective solution to the original service issue, a full refund of the purchase price will be provided upon request. Requests for refunds must be made within 5 days of the remote service event.
for In-Home Single Event Services: If AT&T cannot provide an effective solution to the original service issue, a full refund of the purchase price will be provided upon request.Requests for refunds must be made within 30 days of the In-Home service event.
Restrictions and Limitations: In lieu of a refund, a customer may request that AT&T attempt to resolve the original service issue and AT&T may, in its discretion, make another attempt or provide the refund. The Service Guarantee does not apply, and refunds may not be provided if: 1) AT&T is not allowed a reasonable opportunity to resolve the issue presented; or 2) you do not use an active, updated anti-virus/anti-malware product after the initial service attempt. Modification of systems, software, computer hardware, or other covered equipment will void the Solutions Guarantee. The Solutions Guarantee is not available for work associated with troubleshooting/diagnosing or performing Operating System re-install activities. The Solution Guarantee is not available for work associated with troubleshooting/diagnosing or performing hardware-associated activities.
Special Arrangements: Some customers may receive Services through a special arrangement with their property owner or manager, or may have purchased Services via a third party retailer (collectively, "Special Arrangements.") If Special Arrangements apply to you, these TOS shall apply to the Services except for differences set forth in your Special Arrangement.
You will be responsible for fees and charges associated with additional Service orders not included as part of the Special Arrangement. You may have an additional agreement or contract with your property owner or manager or retailer that covers any applicable Special Arrangement. Any such additional agreement or contract is outside these TOS and AT&T is not responsible for nor bound by the terms of any agreement may you have with your property owner or manager, or retailer. If the Special Arrangement with your property owner or manager, or retailer terminates, you may have the option to continue receiving Service under standard billing terms and these TOS.
Except for certain subscriptions and prepaid offers, once a trouble ticket on a particular issue called in about has been closed by AT&T, any further calls or requests for assistance will be opened as a new ticket and an additional fee must be paid.
Subscription Billing and Late-Payment Fees: For Services with a subscription, billing for the Service commences when your order the Service and recurring charges for each months Service may be billed one month in advance. Billing is based on a 30-day cycle. Your first bill for Service may include pro-rated charges for a partial monthly period prior to the beginning of your first monthly billing cycle. If any portion of payment is received after a late-payment date (for subscription billing), a monthly late charge may be charged to you. The monthly late charge will be administered according to standard AT&T billing procedures and will not exceed the highest amount allowed by law.
The late charge will be applied to the entire outstanding balance for each month or portion thereof for which the balance remains unpaid. In the event you fail to pay charges, AT&T is unable to bill you, or AT&T is unable to bill outstanding sums for the Service to your credit card, AT&T reserves the right to bill outstanding sums to your credit card or to your AT&T billing account or to send an invoice directly to you. You will also be charged a fee for any check returned to AT&T relating to the Service. Your service may be suspended or terminated if your payment is past due. You remain responsible for paying your monthly Service fee if your Service is suspended for non-payment.
AT&T may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse AT&T for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against you or AT&T on the charges and all late payment, interest or other fees as stated on your bill. You expressly authorize, and specifically consent to allowing, AT&T and/or its outside collection agencies, outside counsel, or other agents to contact you in connection with any and all matters relating to unpaid past due charges billed by AT&T to you. You agree that, for attempts to collect unpaid past due charges, such contact may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address that you have provided, or may in the future provide, to AT&T. You agree and acknowledge that any e-mail address or any other electronic address that you provide to AT&T is your private address and is not accessible to unauthorized third parties. For attempts to collect unpaid charges, you agree that in addition to individual personsâ attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.
Early Termination Charge: If a term commitment is agreed to for the Service, and you terminate prior to the end of the term, an early termination charge may apply. If billed by credit card, your failure to maintain a valid card or failure to provide a non-expired card prior to expiration of the card on file may result in termination and an early termination charge may apply.
Changes to Fees and Charges: AT&T may, at any time, with notice by e-mail or other means of communication, change the amount of or basis for determining any fee or charge, institute new fees or charges or otherwise modify its billing practices. All fees and charges are payable in accordance with billing terms in effect at the time the fee or charge becomes payable.
IV. CUSTOMER REPRESENTATIONS AND WARRANTIES
Services are available to residential customers. Services cannot be resold to others and they cannot be made available to anyone outside of family members in the same household. Services you purchase are based on specified prices and you are responsible for all applicable taxes based on the location and Services performed.
You must be an adult of at least 18 years of age to purchase any Service. By requesting the Service, you confirm you are an adult of at least 18 years of age.
All information that you provide to AT&T must be accurate, including your name, address, credit or credit or charge card numbers, expiration dates or any other Service payment information required by AT&T. You further represent that you are authorized to bill the charges to the credit card or, if applicable, the AT&T bill at the billing address that you provide AT&T.
You also represent that you are a legal license holder of any software on any computers for which you order Service. AT&T will not assist you if you are not the legal license holder. You further represent that you are the owner of any hardware, network devices, or other equipment you request AT&T to assist you with in association with any Services.
This Service will be subject to AT&T's privacy policies. If AT&T works with you on any password or other access control oriented problems, AT&T strongly recommends that you reset such passwords(s) immediately following the completion of the Service. See the following link for more information: http://www.att.com/gen/privacy-policy?pid=2506
YOUR PURCHASE AND USE OF ANY SERVICE, THE SITE, THE SOFTWARE, AND ANY INFORMATION ON THE SITE IS AT YOUR OWN RISK.
EXCEPT AS EXPRESSLY STATED IN THESE TOS, AT&T MAKES NO WARRANTY THAT (i) ANY SERVICE, SOFTWARE, AND/OR SITE WILL MEET YOUR REQUIREMENTS, (ii) ANY SERVICE, SOFTWARE, AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE, SOFTWARE, AND/OR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, SOFTWARE,OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH A SERVICE AND/OR SITE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN A SERVICE AND/OR SITE WILL BE CORRECTED.
AT&T DOES NOT WARRANT THAT THE SOFTWARE OR SITE WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL CODE. IF YOUR USE OF A SERVICE, SOFTWARE, OR THE SITE 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 THE SERVICE, SOFTWARE, AND/OR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
EXCEPT AS MAY BE OTHERWISE SPECIFICALLY PROVIDED IN THESE TOS, THE SERVICES, SOFTWARE, AND THE SITE, AND ANY PARTS 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.
IT IS YOUR RESPONSIBILITY TO BACK UP ALL SOFTWARE AND DATA ON YOUR DEVICE MEMORY OR HARD DRIVE(S) PRIOR TO EVERY SERVICE REQUEST. AT&T AND/OR ITS THIRD-PARTY SERVICE PROVIDER SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION, OR CORRUPTION OF ANY SOFTWARE, DATA, OR FILES.
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 THE SERVICES, (B) THE CONTENT ON THE SITE, (C) WEB SITES LINKED TO THIS SITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN (D) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN OR CONTENT OF, THE SITE OR OTHERWISE PROVIDED IN CONNECTION WITH THE SERVICES, AND/OR (E) THE INABILITY TO USE SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), 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.
AT&T'S TOTAL LIABILITY ARISING OUT OF THE 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 (a) REPERFORM THE SERVICES, (b) REFUND THE CHARGES AND FEES PAID FOR THE SERVICE GIVING RISE TO CLAIM, IF ANY, OR (c), FOR PREPAID SERVICE OFFERINGS, A REFUND OF A PRO-RATED PORTION OF FEES PAID. THE REMEDIES FOR A FAILURE OR BREACH OF SUCH LIMITED WARRANTY ARE EXCLUSIVE AND YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL AT&T BE LIABLE TO YOU FOR ANY MORE THAN THE PER-INCIDENT SERVICE FEE FOR THE EVENT GIVING RISE TO THE CLAIM OR ONE MONTHS 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 its third-party service providers, from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to your purchase of any Service and/or the Site.
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.
X. DISPUTE RESOLUTION BY BINDING ARBITRATION
A. Overview and Summary. 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 1-800-344-1734. 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 attorney's 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.
B. Arbitration agreement terms and conditions.
(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," "AT&T Mobility," "you," and "us" include respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services 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. 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: Â General Counsel, 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/residentialarbitration.
(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 $125 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 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 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 the Term, 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.
You acknowledge that Services and Software (including, but not limited to, technical assistance) provided under these TOS 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 the 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.
These TOS, and any other policies or guidelines referenced herein, constitute the entire agreement between AT&T and you in connection with a Service. These TOS govern your use of any subscription or Term Service, superseding any prior agreements between you and AT&T with respect to the subject matter of these TOS. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS 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 the Service or these TOS 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 these TOS will not constitute a waiver of such right or provision. If you violate these TOS, AT&T may in its sole discretion and without notice terminate or suspend your access and use of any subscription Services or canceling any Services ordered but not already provided. You agree that AT&T shall not be liable to you or any third party for any termination of your access to any subscription Service or canceling any Services ordered but not already provided.
XIII. RESERVATION OF RIGHTS AND TRADEMARK INFORMATION
You understand and agree you receive no title or right of ownership in the Services or to 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 the Services, Software, or other materials related to the Services 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. Copyright 2012 AT&T Intellectual Property. All rights reserved.
In the 50 states, AT&T ConnecTech services other than Protection Plans are provided by AT&T Corp. when billed on your credit card or AT&T U-verse or AT&T home phone account and by New Cingular Wireless PCS, LLC d/b/a AT&T Mobility when billed on your AT&T Mobility account, except for Home Network Installation (any level) service when that service is ordered at the same time that new AT&T U-verse High Speed Internet Service is ordered, in which case, the AT&T ConnecTech Service is provided by your local AT&T telephone company. Your AT&T telephone company is one of the following, depending on the state where service is provided: Southwestern Bell Telephone Company (in AR, KS, MO, OK, and TX), Pacific Bell Telephone Company (in CA), Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, Nevada Bell Telephone Company, The Ohio Bell Telephone Company, Wisconsin Bell, Inc, The Southern New England Telephone Company (in CT), or BellSouth Telecommunications, Inc. (in AL, FL, GA, KY, LA, MS, NC, SC, and TN). When available in Puerto Rico, AT&T ConnecTech services will be provided by AT&T Mobility Puerto Rico, Inc. When available in the United States Virgin Islands, AT&T ConnecTech services will be provided by CCPR of the Virgin Islands, Inc. AT&T ConnecTech Protection Plans are provided by Asurion Warranty Protection Services of Florida, LLC, Asurion Warranty Protection Services, LLC, in all other states, and Asurion Warranty Protection Services of Puerto Rico, Inc., in Puerto Rico (when available in Puerto Rico).
Need some help? Please call 800-344-1734 to speak with an AT&T ConnecTech® Representative.
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Disclaimer
AT&T ConnecTech® Services available for residential customers only except remote support services which are also available for small business customers. Not available in all areas. All offers are limited time offers, taxes and surcharges extra, hardware and software limitations may apply, and service-specific terms and conditions apply. All trademarks are the property of their respective owners.