AT&T Access ID Terms of Service
AT&T Access ID is a service that allows you to establish and manage your online identity and use that identity to access or use other AT&T and third party services and applications (“Service”).
These Terms are a legal agreement between AT&T Services, Inc., and its affiliates (individually and collectively, (“AT&T”) and you, an individual. AT&T may modify or amend these Terms at any time, with or without notice to you, by posting a copy of the modified or amended Terms at www.att.com/wirelesslegal. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Service following the date in which the modified or amended Terms are made available.
THE AT&T ACCESS ID IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE AN AT&T ACCESS ID 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 WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS.
FOR THE PURPOSE OF ACCESSING AT&T ACCOUNT SITES (AS DEFINED BELOW), WITHOUT THE CONSENT OF A PARENT OR LEGAL GUARDIAN, NO PERSON IS PERMITTED TO ESTABLISH AN AT&T ACCESS ID AS THE “PRINCIPAL” UNLESS SUCH PERSON IS AT LEAST EIGHTEEN (18) YEARS OF AGE. BY THE ESTABLISHMENT OF AN AT&T ACCESS ID AS THE “PRINCIPAL” YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD, OR YOU HAVE THE CONSENT OF A PARENT OR LEGAL GUARDIAN. NO PERSON IS PERMITTED TO ESTABLISH AN AT&T ACCESS ID AS THE “SECONDARY” UNLESS SUCH PERSON IS AT LEAST THIRTEEN (13) YEARS OF AGE. BY CREATING OR USING AN AT&T ACCESS ID OR WHEN ACCESSING AT&T ACCOUNT SITES AS A “PRINCIPAL” OR “SECONDARY,” 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 THESE TERMS AND IN THE RELATED AGREEMENTS, AND TO ABIDE BY AND COMPLY WITH THESE TERMS AND THE RELATED AGREEMENTS.
IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THESE TERMS ARE 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, THESE TERMS ARE SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN SECTION 10 OF THESE TERMS.
You may use your AT&T Access ID to access a variety of other AT&T and third party services, each with their own terms and conditions (“Related Agreements”). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting AT&T’s rights and remedies or your obligations under these Terms, or waiving any restrictions on your rights to use an AT&T Access ID. These Terms shall not have the effect of limiting, encumbering or otherwise restricting AT&T’s rights and remedies or your obligations under any Related Agreement between you and AT&T, or waiving any restrictions on your rights under any Related Agreement between you and AT&T.
1. REGISTRATION AND PROFILE INFORMATION. In order to establish an AT&T Access ID, you are asked for certain information in order to confirm your identity as the person authorized to establish the AT&T Access ID. You will be required to provide certain information about yourself (such as identification and contact details) as part of the registration process for an AT&T Access ID or as part of your continued use of your AT&T Access ID, and You may provide, store, submit, upload, post, share or display other content including photos, graphics, videos, documents, messages, text, or other materials via your AT&T Access ID or through any other service that you associate with your AT&T Access ID; all such information that you provide, whether or not required, is collectively referred to as “Profile Information”. You are responsible for your Profile Information. You agree that your Profile Information is and will be kept accurate, correct and up to date. You are responsible for providing AT&T with current, accurate, complete, and updated information required to maintain your use of your AT&T Access ID. You are responsible for notifying AT&T of any changes in your profile or other data. It is important that you keep your contact e-mail address current. Failure to update your contact e-mail address may prevent you from receiving important notices. If you provide any Profile Information, particularly personally identifying information, that is, or that we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, AT&T may without notice suspend or terminate your AT&T Access ID and refuse any and all current or future use of an AT&T Access ID.
AT&T needs your permission to use certain content in your Profile Information, like photos and videos, in order to provide this Service to you. To that end, you grant AT&T and its designees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your Profile Information (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed solely to provide this Service to you. AT&T is under no obligation to post or use any Profile Information that you may provide, and AT&T may remove your Profile Information at any time in its sole discretion. You represent and warrant that you own or otherwise control all necessary rights, consents and permissions to your Profile Information necessary to submit such material and to grant AT&T all of the license rights granted herein and that such submissions do not violate the privacy, publicity, or contract rights or any intellectual property or other rights of any person.
2. PASSWORD AND SECURITY. In order to complete your registration, you will need to create your AT&T Access ID and choose a password. In order to have a password with adequate security, certain password establishment rules will be systematically enforced. You must establish and maintain a password with adequate complexity to maintain the confidentiality of your customer information. Password proposals that are clearly inadequate will be rejected by the password establishment system. The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, AT&T will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that an AT&T Access ID is invulnerable to all security breaches, and AT&T makes no warranty, guarantee, or representation that use of an AT&T Access ID is protected from security threats or other vulnerabilities.
AT&T strongly recommends that you do not share your AT&T Access ID or password. You are solely responsible for maintaining the confidentiality of your AT&T Access ID and password(s). You are responsible for all activities and use that occurs under your AT&T Access ID, whether or not it occurs with your knowledge.
You agree to notify AT&T immediately if you suspect any unauthorized use of your AT&T Access ID or access to your password. You acknowledge that if AT&T disables access to your AT&T Access ID, you will be prevented from accessing any services requiring access via an AT&T Access ID. Without limiting any rights which AT&T may otherwise have, AT&T reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of your AT&T Access ID, including without limitation terminating your AT&T Access ID, changing your password, or requesting additional information to authorize use of your AT&T Access ID.
3. AT&T ACCOUNT SITEACCESS.
The AT&T Access ID process permits you to determine which AT&T online account management sites (‘AT&T Account Sites”) can be accessed using your AT&T Access ID. The AT&T Access ID cannot be used to access any of the AT&T Account Sites unless you have linked that Account Site to your AT&T Access ID. In order to link an Account Site to your AT&T Access ID you will be required to authenticate yourself using previously provided personal information or authentication credentials for the relevant Account Site. Subject to the immediately following proviso, once you have linked an Account Site to the AT&T Access ID, you will only be able to access the Account Site using the AT&T Access ID; provided, however, any AT&T member ID (established and used in connection with any AT&T DSL, dial Internet access, U-Verse or AT&T Email accounts), can still be used to access such Account Sites. Once you link an Account Site to your AT&T Access ID, the AT&T Account Site cannot be accessed by anyone without your AT&T Access ID and password. You can decide to permit other persons to access the Account Site by affirmatively granting access rights to such person. Any person to whom you grant access rights will be required to establish a separate AT&T Access ID and password. Under such circumstances, the original person establishing the AT&T Access ID and linking the Account Site must be the account owner and is designated the “Principal.” Any person to whom access rights are granted will be deemed a “Secondary.” As a result, more than one AT&T Access ID may be associated with an Account Site, but only one AT&T Access ID is deemed Principal. Only the Principal AT&T Access ID may grant rights to access an Account Site. If you are a Principal and you grant access rights to a Secondary, you acknowledge and agree that you are solely responsible for the granting of these access rights and for any access to the Account Site by any Secondary.
During registration for your AT&T Access ID or when linking an Account Site providing access to a “CPNI Account,” you will be asked to designate a “Primary Contact Account.” If you do not designate a Primary Contact Account or if your designated Primary Contact Account is de-linked from your AT&T Access ID, and you do not designate a new Primary Contact Account, you acknowledge and agree that your Primary Contact Account will be (a) the remaining CPNI Account that is linked to your AT&T Access ID, if only one CPNI Account remains linked, or (b) the remaining CPNI Account first linked to your AT&T Access ID, if multiple CPNI Accounts remain linked. “CPNI Account” means an AT&T service account for telecommunications services (e.g., landline local and long distance voice service, wireless voice service) as well as voice over IP service, accessible at an Account Site. “Primary Contact Account” means the CPNI Account used to provide notice of certain account changes under the Federal Communications Commission’s rules for customer information called “customer proprietary network information” or “CPNI.”
4. USE AND RESTRICTIONS ON USE. Subject to and conditioned upon your compliance with these Terms, you are granted a limited, non-transferable, non-sublicensable right and license to access the AT&T Access ID website and its content (“Site”) and create and use your AT&T Access ID for your personal, non-commercial use only, except as otherwise permitted. All rights not expressly granted hereunder are expressly reserved. Your access to Site as well as your use of the Service must comply with any and all applicable local, state, national and international laws and regulations.
You may not, directly or indirectly, use the Site or use or allow others to use your AT&T Access ID, or upload, distribute, transmit, communicate, link to, publish or access any data, information, software or material through the Site or using or otherwise in connection with your AT&T Access ID or using the Service, that:
- violates or interferes with the rights of others or disrupts or inhibits any other user from using this Service or other affiliated or linked websites, material, contents, products and/or services;
- is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
- infringes someone's patent, trademark, trade secret, copyright or other intellectual property, proprietary or personal rights, or any other rights or confidentiality obligations of others;
- is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
- contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
- uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from this service or otherwise monitor or copy any portion of the service;
- creates a false identity for the purpose of misleading others;
- provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- attempts to disable, bypass, modify, defeat or otherwise circumvent or violate any of the other security related tools incorporated into this Service, including, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, or unauthorized monitoring of data or traffic;
- reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of this Service, or use of or access to this Service;
- systematically collects and uses any content made available through this Service including the use of any data mining, or similar data gathering and extraction methods;
- makes derivative uses of the Service;
- uses, frames, or utilizes framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page); and/or
- modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Service or the Site. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Service or the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Service’s or the Site's underlying technology.
You are solely responsible and liable for any such activity, behavior, use and conduct.
5. GEOGRAPHIC RESTRICTIONS. Unless expressly and specifically stated otherwise on this Site, AT&T provides this Service for use only by persons located within the United States. AT&T makes no representation that all products, services and/or material described on the Site are appropriate or available for use in locations outside the United States or all territories within the United States. If you choose to access the Service from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions in which the Service, in whole or in part, is illegal or penalized is prohibited. AT&T may limit the Service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in its sole discretion.
6. THIRD PARTY CONTENT AND SERVICES. You acknowledge that this Service may allow, permit, or enable you to access 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”).
You acknowledge that AT&T does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed using the Service). 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.
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 Service 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 these Terms do 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.
You acknowledge and agree that the provision of access to any Third Party Content and Services 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.
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 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.
7. TERM AND TERMINATION. These Terms 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 these Terms, or your access to or use of this Service or any portion thereof at any time for any reason with or without prior notice, including deactivating or deleting your AT&T Access ID, password, or Profile Information or barring further use of the Service. Cause for such termination, suspension, or change shall include, but be limited to, a) breaches or violations of these Terms or other incorporated agreements or guidelines, b) requests by law enforcement or government agencies, c) a request by you (self-initiated account deletions), d) discontinuance or material modification to the Service or any part thereof, e) unexpected technical or security issues or problems, f) extended periods of inactivity, or g) engagement by you in fraudulent or illegal activities. AT&T shall not be required to make your AT&T Access ID or any other information or services associated with your AT&T Access ID available to you after any termination. Furthermore, if you fail to comply with these Terms or you act inconsistently with the letter or spirit of these Terms, then your right to use this Service shall terminate automatically, without any notice or other action by AT&T. Upon such termination, you shall cease all use of this Service. 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 Service in accordance with these Terms, and termination of this Service will be without prejudice to any other right or remedy AT&T may have, now or in the future. These obligations survive termination of the Service.
7.1 Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF OUR SERVICE THAT IS PROVIDED TO YOU IS AT YOUR SOLE RISK. OUR SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AT&T AND ITS COLLABORATORS, SUPPLIERS, AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- AT&T AND ITS COLLABORATORS, SUPPLIERS, AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES THAT (I) THE SERVICE OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE SERVICE OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SERVICE 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 SERVICE SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.
- THIS SERVICE 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 SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE.
- ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL OR THE USE OF OUR SERVICE.
8. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T,ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, LOSS OF PROFIT, REVENUE ,OR DATA, ARISING OUT OF OR IN CONNECTION WITH, DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE 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 SERVICE, (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE SERVICE 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. THESE OBLIGATIONS SURVIVE TERMINATION OF THE TERMS.
9. INDEMNIFICATION. You shall indemnify, defend and hold harmless AT&T and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Service or Third Party Content and Services; (ii) your breach of these Terms; (iii) your violation of law; (iv) your negligence or willful misconduct; (v) your violation of the rights of a third party; or (vi) losses arising from or related to the use of any AT&T Account Site. You will promptly notify AT&T in writing of any third-party claim arising out of or in connection with your access to or use of the Service. These obligations survive termination of these Terms.
10. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THESE TERMS ARE 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, THESE TERMS ARE SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN THIS SECTION 10.
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 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 these Terms 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 these Terms.
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 Service, 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 agreeing to these Terms, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence 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 these Terms.
10.2 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.
10.3 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 www.att.com/arbitration-information.) The arbitrator is bound by these Terms. 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.
10.4 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.
10.5 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.
10.6 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.
10.7 Notwithstanding any provision in these Terms 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 these Terms:
11.1 Governing Law, Limitation on Actions. These Terms shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, you and AT&T agree that any cause of action arising out of or relating to 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 this Service, please call AT&T Customer Service by dialing 611 from your wireless device if you are an AT&T wireless service subscriber or 1-800-331-0500.
11.3 Severability. If any provision of these Terms is held to be invalid or unenforceable with respect to a party, the remainder of these Terms, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.
11.4 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
11.5 Export Control. You represent and warrant that you are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.
11.6 Survival. Any provisions of these Terms which by their express language or by their context are intended to survive the termination of these Terms shall survive such termination.
11.7 Third Party Beneficiaries. Except as explicitly provided in these Terms or in the Related Agreements, nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
11.8 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: email@example.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 www.att.net/general-info/claims.html.
11.9 Entire Agreement. These Terms including the documents incorporated herein by reference constitute the entire agreement with respect to the use of this Service and supersedes all prior or contemporaneous understandings regarding such subject matter.