myAT&T End User License Agreement (all other Smartphones)

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PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE SELECTING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE myAT&T APPLICATION (“APPLICATION”) ACCOMPANYING THIS LICENSE. BY SELECTING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE APPLICATION, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE AND THE TERMS AND CONDITIONS OF THE AT&T PRIVACY NOTICE LOCATED AT http://www.wireless.att.com/privacy/ AND INCORPORATED HEREIN BY THIS REFERENCE.

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

1. General.

The Application is licensed, not sold, to You by AT&T for use strictly in accordance with the terms and conditions of this License. The term “Application” shall refer to and consist of the following: (i) the mobile software application accompanying this License, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components; (ii) any updates, modifications or enhancements to the items listed in subsection (i); and (iii) any specific AT&T website the Application directs You to via any browser located on Your Device.

2. License Grant and Restrictions on Use.

2.1 License Grant.

AT&T grants You a revocable, non-exclusive, non-transferable, limited right to install and use the Application on a single wireless handset owned and controlled by You (“Device”), and to access and use the Application on such Device strictly in accordance with the terms and conditions of this License, separate and apart from the underlying service agreement associated with Your Device. For example, if You use the myAT&T App to access your wireless account, then you will be following the terms and conditions of the AT&T Consumer Service Agreement (see www.att.com/legal/terms.consumerServiceAgreement.html). Similarly, if You use the myAT&T App to access your U-verse TV or phone accounts, then you will be following the terms and conditions of the AT&T U-verse TV and Phone Terms of Service (see www.att.com/legal/terms.uverseAttTermsOfService.html). These and other underlying service agreements (collectively “Related Agreements”) shall not limit or restrict AT&T’s rights and remedies as to this App License. Similarly, this App License shall not limit or restrict Your rights, remedies or obligations under the Related Agreements. For example, AT&T could block your use of the myAT&T App for a violation of the terms of this License, but you would still be fully obligated to abide by the AT&T Consumer Service Agreement for the network usage of the Device.

2.2 Restrictions on Use.

You shall use the Application strictly in accordance with the terms of this License, and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AT&T or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Device at a time or on any other mobile device or computer; (g) copy the Application to multiple Devices; (h) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by AT&T; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (k) use any proprietary information or interfaces of AT&T or other intellectual property of AT&T in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.

3. Intellectual Property Rights.

3.1 Rights to Application.

You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of AT&T. You also acknowledge and agree that the source code and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of AT&T and its affiliates, licensors and suppliers. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by AT&T.

3.2 Third Party Software.

The Application may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed to be “open source” or “publically available” software.

3.3 AT&T Marks.

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

3.4 Infringement Acknowledgement.

You and AT&T acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party’s intellectual property rights, You (and not AT&T) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify AT&T in writing of such a claim.

4. Restriction on Transfer.

You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

5. Use of Information.

5.1 Consent to Use Information.

You hereby authorize and consent to the collection, storage and use, by AT&T and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Application, and any information or data that You provide to AT&T and its affiliates, partners and licensors (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, data and suggestions based on user actions. Notwithstanding the foregoing, You shall not provide or disclose and the Information shall not include any information or data that is personally identifiably to You. The Information will be treated as being non-confidential and nonproprietary, and AT&T assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.

5.2 Privacy Notice.

You represent that You shall comply with the terms and conditions of the AT&T Privacy Notice, which sets forth and describes the practices of AT&T with respect to the collection, use and disclosure of Information in connection with Your use of the Application. AT&T reserves the right to change the provisions of its Privacy Notice at any time and from time to time at its sole discretion. AT&T will post any changes to its Privacy Notice at the Web address set forth in the preamble to this License. Your use of the Application following the posting of such changes to the Privacy Notice will constitute Your acceptance of any such changes.

5.3 Location Services

This Application uses Your Device’s “Google Location Services” as that term is defined by the Android OS version applicable to Your Device. AT&T does not control the various data signals that Google uses to locate a device in the Android OS operating system, but AT&T understands that it will at a minimum include Your Device’s Global Positioning System (GPS) signal. AT&T also understands that the Android OS may go beyond GPS, and also use Wi-Fi (such as for devices that do not have GPS), or Wi-Fi hot spots, Bluetooth, and other location-specific signals. The myAT&T Application is not independently determining Your location (like a wireless carrier could). Instead, the myAT&T Application is relying solely on Google Location Services, whatever it may be at that point in time.

You can turn Google Location Services on or off at Settings on Your Device. If you turn Google Location Services off, you will be globally denying all applications access to Your location. Alternatively, You can choose which Applications have permission to use Your Google Location Services by going to Your Device’s Settings and looking for “Location.” Most Android OS versions allow you to toggle Location on and off by Application. (Note: Android OS versions vary across Android devices, so check which Android OS applies to You.)

You can also manage location permissions within the Application itself. The myAT&T Application location permissions are displayed in the Manage App Settings tab in the myAT&T Application. Select Manage App Settings from the main menu, and then select “Manage my device settings for myAT&T.” Click or tap on “Location” and choose which setting You prefer. You may also be prompted with a Location Permissions pop-up window from time to time that asks for permission to use Google Location Services even when You are not using the app. You can set and re-set Your Location Permissions as often as You wish.

Whatever data signals are sent from the Android OS on Your Device, the myAT&T Application (if You enable it) will use Google Location Services data to determine if You are located close (e.g. within walking distance) to an AT&T Store or AT&T sponsored event (e.g., a concert, sporting event, or an AT&T night at a movie theatre). Google Location Services in the Application works so long as You set the myAT&T Application location permission to “ON.”

If You grant permission to the myAT&T Application to check for Your location, the Device’s Google Location Services will feed latitude and longitude data to the myAT&T App servers, which will determine if You are in a location relevant to receive a Push Notification from Your Device’s operating system (see sec. 5.4, below). The Google Location Services data will only be used to send Push Notifications to You when You are in close proximity to an AT&T event, movie theatre, or AT&T Store -- and for no other purpose. The movie theatre or event will obviously know You are there, but otherwise, AT&T will not share Your location with any third parties. The Google Location Services and Push Notifications will work in real time as You move close enough to an applicable location. After You leave the location, the myAT&T Application will not remember Your location, and the Android Location Services data feed will not be stored or saved in the myAT&T Application or servers.

In order for the myAT&T Application to receive location information from a device, the device must be powered on, remain charged and with Google Location Services enabled. Accuracy of the location information obtained is subject to GPS capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of satellite data. By entering into this agreement, You acknowledge the GPS-based location may not be accurate, timely or reliable.

5.4 Push Notifications

This Application uses Your Device’s “Push Notifications” feature as that term is defined by the Android OS version applicable to Your Device. Basically, a Push Notification is a message displayed outside of the App’s normal user interface, meaning that the message will appear on screen without You having to tap the myAT&T App icon. All Android OS applications are entitled to deliver Push Notifications whether or not You are currently logged in to and/or using the corresponding application, and whether or not Your Device is in locked and/or sleep mode. A Push Notification can be triggered to appear on the home screen of Your device based on your GPS location, access to Wi-Fi routers, or time of day, to name a few. You can delete the Push Notification by swiping your finger across the Push Notification itself on the home screen, or alternatively, you can open the notifications drawer in your Android OS, and see the full message.

Both the Push Notification and the notification drawer are Android operating system-controlled areas that You control at the OS level at any time. In Android versions 5.0 and later, You can choose which Applications have permission to send Push Notifications by going to Your Device’s Settings and selecting the “Sound and Notification” tab. From there, select “App Notifications” and then toggle Push Notifications on and off by Application. (Note: Android OS versions vary across Android devices, so check which Android OS applies to You.)

You can also manage Push Notifications from within the myAT&T Application itself. Go to the App Settings tab within the myAT&T Application main menu. From there, select “Manage App Settings” and then select “Notifications.” From there You will see settings screen with the ability to toggle Push Notifications on and off by category. The category of Push Notification may change from time to time, but could include “Location-based offers,” “Bill ready,” “Upgrade options,” and “Deals & more.” You can set and re-set Your Push Notifications Permissions at both the OS level and within the myAT&T App as often as You wish.

AT&T reserves the right to limit how many Push Notifications you may receive via the myAT&T Application, which limits are at AT&T’s discretion, and can be changed at any time. Subject to that reservation of rights, the myAT&T Application intends to fully utilize Push Notifications as a way to deliver information, offers, or in-App advertisements, including words, sounds and hyperlinks to pages within the myAT&T Application, or hyperlinks to pages on AT&T’s websites.

The myAT&T Application may also send you an email or text message during Your registration of an ID and Password. But Push Notifications (and not email or text) will be the only method by which the myAT&T Application will use Your Device’s location to trigger a notice of AT&T promotional items near Your location. You can revoke the consent to receive Push Notifications at any time, and yet still grant permission to the myAT&T Application to access Your Device’s Google Location Services data. Thus if You permit access to Your Device’s Google Location Services data, but refuse permission for Push Notifications, nothing will happen if You are in close proximity to the AT&T Store or event.

6. Third Party Content and Services.

6.1 General.

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

6.2 Disclaimer.

You acknowledge that AT&T does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party Websites available through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and AT&T and its affiliates, partners, suppliers and licensors 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. AT&T hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.

6.3 Third Party Terms of Service.

You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party located using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. 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 affiliates, partners, 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 You are not being granted a 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.

6.4 Endorsements.

You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by AT&T or its affiliates 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.

6.5 Inappropriate Materials.

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

6.6 Use of Third Party Content and Services.

You agree that the Third Party Content and Services contain proprietary information and material that is owned by AT&T and its affiliates, partners, suppliers and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and You shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that You will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that AT&T is not in any way responsible for any such use by You.

7. Term and Termination.

7.1 Term.

This License shall be effective until terminated.

7.2 Termination.

AT&T may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by AT&T. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application.

8. Disclaimer of Warranties.

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. AT&T AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRSENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT AT&T HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.

9. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL AT&T OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT AT&T 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 AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Indemnification.

You shall indemnify, defend and hold harmless AT&T and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

11. Dispute Resolution by Binding Arbitration.

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

11.1 Summary:

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at 1-800-331-0500. In the unlikely event that AT&T’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if AT&T has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from AT&T to at least the same extent as you would be in court.

In addition, under certain circumstances (as explained below), AT&T will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what AT&T has offered you to settle the dispute.

11.2 Arbitration Agreement.

  1. AT&T and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
    • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
    • claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
    • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
    • claims that may arise after the termination of this Agreement.

    References to “AT&T,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

  2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to AT&T should be addressed to: Office for Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration att.com/arbitration-forms.
  3. After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at 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 your Service Commitment, 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.

11.3 Puerto Rico Customers.

For Puerto Rico customers, references to “small claims court” in sections 11.2.1 and 11.2.2 should be understood to mean the Puerto Rico Telecommunications Regulatory Board.

12. Compatibility.

AT&T does not warrant that the Application will be compatible or interoperable with Your Device or any other piece of hardware, software, equipment or device installed on or used in connection with Your Device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of Your Device to diminish or fail completely, and may result in permanent the damage to Your Device, loss of the data located on Your Device, and corruption of the software and files located on Your Device. You acknowledge and agree that AT&T and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

13. Product Claims.

You acknowledge that You (not AT&T) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify AT&T of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release AT&T from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

14. Miscellaneous.

14.1 Governing Law.

This License shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

14.2 Contact Information.

Please direct any questions, complaints or claims related to this License or Your use of the Application to the following:

Address: Obtainable from Customer Support line.

Phone: Customer Support: 800.331.0500

14.3 Severability.

If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.

14.4 Waiver.

Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not effect 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.

14.5 Export Control.

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (x) 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 (y) listed on any U.S. 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 Person\’s List or Entity List. You may not use the Application in any manner or for any purpose prohibited (a) by United States law, regardless of where You use the Application, or (b) by local law, in the jurisdiction(s) in which You use the Application.

14.6 Modification or Amendment.

AT&T may modify or amend the terms of this License by posting the modified License on the AT&T website, at: www.att.com/legal/legal-policy-center.html. You will be deemed to have agreed to any such modification Your decision to continue using the Application following the date in which the modified or amended License is posted on the AT&T website.

14.7 Survival.

The following sections of this License and any other provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination: 1, 2.2, 3, 4, 5, 7, 8, 9, 10, 11, 12 and 13.

14.8 Third Party Beneficiaries.

Except as provided in this Section 12.8, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

14.9 Assignment.

Except as permitted in Section 4, You shall not assign this License or any rights or obligations herein without the prior written consent of AT&T and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.

14.10 Entire Agreement.

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