AT&T FamilyMap Service Agreement
Before using the AT&T FamilyMap service (the "AT&T FamilyMap"), You must read and accept the following Agreement (the "Agreement"). The words "AT&T" "we" or "us" refer to AT&T Mobility LLC, its subsidiaries, affiliates and suppliers. The word "You" or "Your" refers to the individual customer subscribing to AT&T FamilyMap. If the customer subscribers to the service for use by others, provides access to the service by others, or otherwise allows other individuals to use the service, those individuals also are "users" and included in the term "You" or "Your" as used in this Service Agreement.
AT&T may revise this Agreement at any time, with or without prior notice to you. You should from time to time to review the then current Agreement for AT&T FamilyMap. This Agreement is in addition to the consumer Wireless Terms of Service or your applicable business agreement, as well as the Wireless Data Service Agreement, the latest versions of which may be found at http://www.wireless.att.com/learn/articles-resources/wireless-terms.jsp.
You agree to pay all fees charged to your wireless account for AT&T FamilyMap. You will be charged such fees each month, even if you do not use AT&T FamilyMap. AT&T reserves the right to change the fees for AT&T FamilyMap at any time, upon prior notice to you. If you fail to pay the charges for AT&T FamilyMap when due, AT&T reserves the right to pursue any and all legal remedies to collect the amounts owed by you.
AT&T FamilyMap Registration, Activation, And Password Security
By activating AT&T FamilyMap service, You acknowledge and agree that information concerning the location of Your device(s) may be disclosed to others as part of the service, and You further, agree to notify any users of Your device(s) concerning this disclosure of location information. You may modify certain aspects of AT&T FamilyMap, including when a user can be located and by whom via the options provided in the Location Privacy Settings which can be accessed by:
- Log into My Account by going to www.att.com/mywireless. If you haven't already set up an account, you can do so at this time.
- Once in My Account, select My Profile and then go to the Location Privacy Settings tab.
When You register for AT&T FamilyMap, You will be asked to provide a password, and by providing such, you agree to be responsible for all activities occurring under your account. You will also be responsible for keeping Your password secure. Keep Your account password confidential, do not use others' accounts and do not let others use Your account. You are responsible for anything that happens through Your account - until You notify us of a breach by calling Customer Care at 800-331-0500, close down Your account or prove that Your account security was compromised due to a fault of our systems.
You may use AT&T FamilyMap to request the best available location for the requested device. When You initialize AT&T FamilyMap for a device included on your account, AT&T FamilyMap will notify the user of the device via SMS text message that the device may be located by You. Thereafter, AT&T FamilyMap may send notices to such device informing the user that the device may be located.
Privacy and Consent To Data Collection
Safe and Lawful Use of AT&T FamilyMap
You agree not to use or permit others to use AT&T FamilyMap while driving a motor vehicle. You agree to use AT&T FAMILYMAP or the location information provided thereby only for lawful purposes, and You agree to comply with all applicable laws and rules and any additional terms that AT&T may incorporate into this Agreement. You agree that You will not misuse the AT&T FamilyMap service. You will be responsible for any costs incurred by AT&T or any other party (including attorneys fees) as a result of your misuse or fraudulent use of AT&T FamilyMap.
Misuse or fraudulent use includes, but is not limited to,
- Using AT&T FamilyMap in such a manner so as to interfere unreasonably with the use of AT&T FamilyMap by one or more other users or wireless customers or to interfere unreasonably with AT&T's ability to provide AT&T FamilyMap;
- Subscription fraud or unauthorized access;
- Using AT&T FamilyMap to defame, harass, stalk, threaten or otherwise violate the legal rights of others.
- Using AT&T FamilyMap to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials;
- Using AT&T FamilyMap without permission on a stolen or lost device;
- Attempting or assisting another to access, alter, or interfere with the communications and/or information about another user or wireless customer;
- Tampering with or making an unauthorized connection to the network;
- Reselling or re-billing the Services provided to you to any other individual or entity.
Limitation of Service
You acknowledge and agree that AT&T FamilyMap provides an approximate location of the requested handset and does not provide guaranteed results. In order for AT&T FamilyMap to work, the wireless device on which the service is located must be turned on, charged and located within your coverage area, among other factors. Accuracy of the location information obtained via AT&T FamilyMap is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of wireless networks, satellites and satellite data. By entering into this agreement, you acknowledge the results You may obtain from AT&T FamilyMap, including but not limited to directions, maps, and requested locations or messaging, may not be accurate, timely or reliable. AT&T reserves the right to set limits on the use of AT&T FamilyMap at its discretion. You cannot utilize AT&T FamilyMap to locate devices that are not in the United States.
Suspension and Termination
Without prejudice to any other rights, AT&T reserves the right to suspend and/or terminate Your access to AT&T FamilyMap at any time for any or no reason and without notice to You. You may terminate AT&T FamilyMap at any time by notifying AT&T via Your wireless device, MyWireless Account online access, a phone call to AT&T Customer Support at (800) 331-0500, or any other method specified by AT&T. Any such cancellation by You shall become effective upon AT&T's receipt of your notice.
Upon any termination of AT&T FamilyMap, AT&T shall have no liability to You or any further obligations under this Agreement.
AT&T FamilyMap, including any data, materials, technology, software or other materials that comprise it, is protected by copyright, trade secret and other intellectual property laws and treaties and all title and intellectual property rights in and to such are owned by and will remain the exclusive property of AT&T, its licensors and/or suppliers. All rights not expressly granted herein are reserved.
Grant of License
You may not: (a) use AT&T FamilyMap in a manner inconsistent with or in violation of this Agreement; (b) reverse engineer, decompile, or disassemble any software program underlying the AT&T FamilyMap service ("Program"), in whole or part; except as expressly permitted by mandatory law; (d) remove or alter any copyright notices, proprietary information notices or restricted rights notices on any maps or other information provided as part of AT&T FamilyMap; (e) modify, translate, adapt, arrange, or create derivative works based on the Programs, in whole or part, for any purpose; (f) export the technology underlying the Programs in violation of applicable export control laws; (g) attempt to or actually override any security component of or related to AT&T FamilyMap; (h) interfere with, overload, "flood", "crash" or disrupt AT&T FamilyMap, which may include but is in no way limited to, submitting, in any manner (i.e. manual or automated), an unreasonable number of location requests.
Representations and Warranties
You represent and warrant that You have the authority to agree to the terms and conditions specified in this Agreement on behalf of Yourself and users who have access to AT&T FamilyMap. You also represent and warrant that Your use of AT&T FamilyMap will be solely for Your personal and lawful use and for no other purpose.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, AT&T provides to You AT&T FamilyMap AS IS AND WITH ALL FAULTS; AT&T/ITS SUPPLIERS DO NOT WARRANTY UNINTERRUPTED USE OR OPERATION OF AT&T FAMILYMAP OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE AMOUNT OF TIME. AT&T/ITS SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR WRITTEN, ORAL, CONTRACTUAL OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. AT&T/ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY DATA OBTAINED THROUGH AT&T FAMILYMAP.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AT&T/ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS OR REVENUES, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE DATA OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE AT&T FAMILYMAP OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF AT&T/ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF AT&T/ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE AT&T FAMILYMAP. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
As a condition of Your use of AT&T FamilyMap and with respect to third-party claims, You agree to indemnify, defend, and hold harmless AT&T, its parent, affiliates, subsidiaries, and its and their respective officers, directors, employees, agents, contractors, suppliers, successors, and assigns from and against any judgments, claims, actions, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys' fees and legal expenses) of any kind arising from Your use of AT&T FamilyMap or related software, or from or attributable to any breach by You of Your obligations established herein or any privacy, employee, or consumer protection right that is implicated herein and by AT&T FamilyMap. All indemnification duties shall continue in effect even after, and notwithstanding, any subsequent revocation of consent or the expiration or termination of your customer relationship with AT&T. AT&T reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims.
By using AT&T FamilyMap, you consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with AT&T FamilyMap (collectively, "Notices") in electronic format. AT&T may provide such Notices by posting them on AT&T's website, by sending a free text message to your wireless device, or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of AT&T FamilyMap.
This Agreement, including any addendum or amendment to this Agreement, are the entire agreement between You and AT&T relating to AT&T FamilyMap and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to AT&T Family Map or any other subject matter covered by this Agreement. To the extent the terms of any other AT&T agreements conflict with the terms of this Agreement, the terms of this Agreement shall control. The failure of AT&T to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Agreement shall 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 Program, AT&T FamilyMap, support services or to the Agreement must be commenced within one (1) year after such claim or cause of action arose or You waive such claim or cause of action. This Agreement is governed by the laws of the State of New York.