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IM Terms & Conditions

AT&T Instant Message Relay Service Terms & Conditions

October 1, 2011

This Agreement (“Agreement”) is between AT&T Corp., and a customer of AT&T’s Instant Message Relay service which is considered an Internet-based relay service as described below. In this Agreement, “you” and “your” mean the customer of the AT&T services defined below, and “AT&T,” “we,” “our,” and “us” mean AT&T Inc., and any AT&T affiliates authorized to provide you with AT&T services. BY REGISTERING, ACTIVATING, OR USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING THOSE PERTINENT TO 911 SERVICE, AND TO THE TERMS AND CONDITIONS PROVIDED TO YOU WITH RESPECT TO THE SERVICE DURING THE SERVICE REGISTRATION PROCESS, AND ON THE AT&T INSTANT MESSAGE WEB SITE, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. 

1.    SERVICE DESCRIPTION

AT&T Instant Message Relay Service is an enhanced relay service intended to be used by people with hearing or speech disabilities who have a need to reach a standard telephone user with the assistance of a specially trained relay operator (also known as a communication assistant). The service can also be used by standard telephone users who have a need to reach a person with a hearing or speech disability with the assistance of relay operator.  Instant message relay service is separate and distinct from standard AT&T traditional telecommunications relay services (“TRS”) which are accessible via the abbreviated dialing of “711” or by dialing a specific toll free number from a telephone number connected to the Public Switched Telephone Network.  Currently, there is no cost for an Instant Message Relay user to place a relay call through AT&T.  AT&T may, in the future, provide additional features or advanced features which may be offered at additional costs, or charge for the service in the future, and which AT&T, in its sole discretion, may add, modify, or delete from time to time. The Service, at this time, cannot be used to make operator-assisted, pay per call, or collect calls or international calls.

2.    SERVICE REQUIREMENTS

AT&T Instant Message Relay Service requires the assistance of a specially trained Communication Assistant (CA) also known as a Relay Operator (RO) to relay conversations from an AT&T Instant Message Relay user to a standard telephone user or vice versa. The AT&T Instant Message Relay user accesses the service through an Internet-enabled computer, device, browser, or phone.  The communication assistant/relay operator will relay the conversation verbatim and in real time between the standard telephone user and the AT&T Instant Message Relay user. This requires an Internet connection, access to AIM®, and an AIM Screen Name. 

3.    REGISTRATION FOR A TELEPHONE NUMBER

Register. AT&T Instant Message Relay Service users are required by Federal Communications Commission ("FCC") rules to register their location (physical address) and other information with AT&T, after which they will receive a ten-digit telephone number. With a telephone number, you will be able to:

  • Make an emergency call through AT&T as your relay provider and have the call, along with your telephone number and your registered location information, automatically route to the appropriate public safety answering point, or "911 call center";
  • Receive incoming calls from voice telephone users who dial your telephone number;
  • Receive a call directly from another person using VRS or IP Relay.

When you register with AT&T for a telephone number, you are designating AT&T as your default provider. When you register with AT&T, you are also identifying for AT&T the location where you will be using the service, which will be your "registered location." If you dial 911, AT&T will pass your registered location to a 911 call center that can receive the information. Therefore, it is important that you keep your registered location current and update it if you are using AT&T Instant Message Relay service from another location. It is also important that you understand the limitations of calling 911 with AT&T Instant Message Relay Service, as will be explained in the advisory found below.

Changing Providers. You can change your default relay provider at any time and still keep the same telephone number. For information on how to port a telephone number from another provider to AT&T, type "PORT." For more information on number portability, see the FCC's consumer fact sheet at www.fcc.gov/cgb/consumerfacts/numbport.html. In addition, you will still be able place a call through any provider other than AT&T by clicking on the URL or web address of the other provider. Hearing callers may also use another provider other than AT&T to contact you by dialing the 800 number of the provider they wish to handle their call.

Deactivating Your Telephone Number. We reserve the right to reclaim and deactivate any telephone number that we have assigned for use with our Instant Message Relay Service for one or more of the following reasons:

  • We determine that you have not used your telephone number to place or receive any IM Relay calls during any period of 6 consecutive months or more; or
  • We determine that you are misusing the Instant Message Relay Service pursuant to these Terms and Conditions; or
  • You fail to respond to our requests to reconfirm or re-verify your eligibility requirements to continue use of this service.

4.    AT&T INSTANT MESSAGE RELAY SERVICE 911 SERVICE

  • PLEASE CAREFULLY READ THE INFORMATION BELOW ABOUT 911 DIALING. YOU ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION BELOW REGARDING THE LIMITATIONS OF AT&T INTERNET-BASED RELAY 911 SERVICE AND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL WIRELINE 911 CALLS.
  • YOU AGREE TO (A) PROVIDE AT&T WITH AN ACCURATE SERVICE ADDRESS, MEANING THE ACTUAL PHYSICAL LOCATION WHERE YOU ARE LOCATED AND (B) IMMEDIATELY UPDATE THE SERVICE ADDRESS IF YOU MOVE YOUR SERVICE TO ANOTHER LOCATION.  THIS ADDRESS REGISTERED WITH AT&T WILL BE YOUR “REGISTERED LOCATION.”  AT&T INSTANT MESSAGE RELAY 911 SERVICE IS ONLY AVAILABLE TO THE EXTENT THAT YOU PROVIDE CORRECT REGISTERED LOCATION ON YOUR REGISTRATION AND KEEP THE REGISTERED LOCATION CURRENT. AT&T CAN TERMINATE YOUR ACCESS TO THE SERVICE IF YOU DO NOT PROVIDE AND MAINTAIN AN ACCURATE REGISTERED LOCATION. To change your registered location, TYPE “ADDRESS.”

YOU WILL NOT BE ABLE TO PLACE TRADITIONAL WIRELINE 911 CALLS FROM YOUR COMPUTER OR OTHER INTERNET-ENABLED DEVICE WITH THIS SERVICE. THE SERVICE DOES NOT SUPPORT TRADITIONAL WIRELINE 911. YOU AGREE TO ADVISE ALL INDIVIDUALS OF THIS LIMITATION WHO MAY PLACE CALLS OVER THIS SERVICE FROM YOUR REGISTERED LOCATION.  AT&T DOES NOT OFFER PRIMARY LINE OR LIFELINE SERVICES THROUGH ITS INTERNET-BASED RELAY SERVICE.AT&T STRONGLY RECOMMENDS THAT YOU ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES VIA A TRADITIONAL PHONE LINE OR A WIRELESS PHONE.

  • 911 WITH AT&T INSTANT MESSAGE RELAY SERVICE

WHEN YOU REQUEST 911 THROUGH AT&T INSTANT MESSAGE  RELAY SERVICE USING YOUR COMPUTER OR OTHER INTERNET-ENABLED DEVICE, YOUR CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL WIRELINE 911 DIALING. THE DISPATCHER WILL BE LOCATED AT EITHER A PUBLIC SAFETY ANSWERING POINT(PSAP) OR LOCAL OR REGIONAL EMERGENCY SERVICE PERSONNEL DESIGNATED FOR WIRELESS SERVICES FOR YOUR REGISTERED LOCATION OR OTHER BACK-UP EMERGENCY ANSWERING SERVICES. IN ADDITION, YOUR 911 SERVICE HAS FEWER CAPABILITIES THAN TRADITIONAL WIRELINE 911 SERVICE AS FOLLOWS:

AT&T INSTANT MESSAGE RELAY 911 SERVICE WILL NOT FUNCTION IF YOUR EQUIPMENT FAILS OR IS NOT CONFIGURED CORRECTLY OR IF YOUR INTERNET CONNECTION IS INTERRUPTED OR NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF A POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION OF YOUR SERVICE.  IF YOU LIVE IN AN AREA WHERE E911 SERVICE IS AVAILABLE FOR TRADITIONAL WIRELINE TELEPHONE SERVICES, THEN AT&T INTERNET-BASED RELAY SERVICE WILL INCLUDE E911 SERVICE. (WITH E911 SERVICE, THE PSAP OR LOCAL EMERGENCY SERVICE DISPATCHER SHOULD BE ABLE TO OBTAIN YOUR REGISTERED LOCATION AND TELEPHONE NUMBER WHEN YOU REQUEST 911, SUBJECT TO YOU PROVIDING US SUCH INFORMATION). IF YOU LIVE IN AN AREA WHERE ONLY BASIC 911 SERVICE IS AVAILABLE FOR TRADITIONAL WIRELINE TELEPHONE SERVICES, THEN AT&T INTERNET-BASED RELAY SERVICE WILL INCLUDE BASIC 911 SERVICE. (WITH BASIC 911 SERVICE, THE PSAP OR LOCAL EMERGENCY SERVICE DISPATCHER MAY BE ABLE TO SEE YOUR TELEPHONE NUMBER BUT WILL NOT BE ABLE TO SEE YOUR REGISTERED LOCATION WHEN YOU DIAL 911). IN SOME STATES, OR IN CERTAIN AREAS WITHIN SOME STATES DUE TO TECHNICAL LIMITATIONS OF THE E911 SYSTEMS IN THOSE STATES OR AREAS, THE PSAP OR LOCAL EMERGENCY SERVICE DISPATCHER RECEIVING AT&T INTERNET-BASED RELAY 911 CALLS MAY NOT BE ABLE TO CAPTURE AND/OR RETAIN YOUR TELEPHONE NUMBER AND REGISTERED LOCATION WHEN YOU REQUEST 911.  DUE TO THE LIMITATIONS IN SOME E911 SERVICE AREAS, AND DUE TO THE LIMITATIONS OF BASIC 911 SERVICE, AT&T RECOMMENDS THAT YOU IMMEDIATELY INFORM THE AT&T INTERNET-BASED RELAY OPERATOR AND THE 911 DISPATCHER OF YOUR NAME, ADDRESS (OR THE LOCATION OF THE EMERGENCY, IF DIFFERENT) AND PHONE NUMBER YOU ARE CALLING FROM WHEN YOU PLACE A 911 CALL. YOU SHOULD ALSO TAKE CARE NOT TO DISCONNECT THE LINE. IF YOU DISCONNECT THE LINE BEFORE YOU HAVE GIVEN THE DISPATCHER YOUR PHONE NUMBER AND OTHER PERTINENT INFORMATION, THE DISPATCHER MAY NOT BE ABLE TO CALL YOU BACK. IF YOU ARE UNABLE TO SPEAK AND DESCRIBE YOUR LOCATION, THE DISPATCHER MAY NOT BE ABLE TO LOCATE YOU.

FOR TECHNICAL REASONS ASSOCIATED WITH THE POSSIBILITY OF NETWORK CONGESTION, WITH AT&T INTERNET-BASED RELAY SERVICE THERE IS A GREATER POSSIBILITY THAT YOUR 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER, AS COMPARED TO TRADITIONAL WIRELINE 911 CALLS.

IF YOUR REGISTERED LOCATION DOES NOT CORRECTLY IDENTIFY THE ADDRESS WHERE YOU ARE USING THE SERVICE, 911 COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER.

IF YOU HAVE CALL FORWARDING, LOCATE ME, DO NOT DISTURB, OR OTHER FEATURES PROGRAMMED AND IN USE AT THE TIME YOU DIAL A 911 CALL, AND YOUR 911 CALL IS INTERRUPTED, THE EMERGENCY DISPATCHER MAY NOT BE ABLE TO CALL YOU BACK AT YOUR REGISTERED TELEPHONE NUMBER. 

911 WILL NOT FUNCTION CORRECTLY IF YOU MOVE TO A LOCATION OTHER THAN YOUR REGISTERED LOCATION. IN SUCH EVENT, IN ORDER TO HAVE 911 CALLING ROUTED CORRECTLY AND FOR EMERGENCY RESPONDERS TO RECEIVE ACCURATE LOCATION INFORMATION, YOU MUST UPDATE YOUR REGISTERED LOCATION IN ACCORDANCE WITH THE INSTRUCTIONS ON THE AT&T INTERNET-BASED RELAY SERVICE WEBSITE. UNLESS YOU HAVE UPDATED YOUR SERVICE ADDRESS AND ALLOTTED THE SUFFICIENT, ADVISED TIME, FOR THE REGISTERED LOCATION UPDATE PROVISIONING TO COMPLETE, AT&T RECOMMENDS THAT YOU USE ALTERNATIVE MEANS OF ACCESSING 911.

YOU ACKNOWLEDGE AND UNDERSTAND THAT AT&T WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR REACH A PUBLIC SAFETY ANSWERING POINT OR EMERGENCY RESPONDERUSING YOUR SERVICE OR TO ACCESS EMERGENCY SERVICE PERSONNEL DUE TO THE 911 CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS DOCUMENT. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS AND RELEASE AT&T, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES (INCLUDING LOSS OF PROFITS OR REVENUE), DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING AND 911 SERVICE ACCESSED THROUGH AT&T’S INTERNET BASED RELAY SERVICE.

5.    OTHER SERVICE DISTINCTIONS

  • Privacy and Security

Internet-based relay service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. You acknowledge and understand that AT&T cannot guarantee that the relay communication is completely secure. If you access our service through another Internet enabled service (i.e. instant messaging, mobile access, etc) you should understand and read the privacy and security policies for that provider as they may differ.  AT&T always respects your privacy and treats the content of all communications as private, except as may be required by law. Please refer to the AT&T Online Privacy Policy at www.att.com/privacy for additional information. 

  • Confidentiality

Calls made through AT&T Internet Relay are confidential. AT&T Relay Operators (also known as communications assistants or interpreters), as required by law applicable to regular relay services, will not disclose any information from your conversation, and no records of the conversation’s content are kept.  If part of the AT&T Instant Message Relay service is provided by another provider you should consult their privacy policies as they may differ.

  • Security

AT&T has implemented technology and security features and strict policy guidelines to safeguard the privacy of your relay calls and any customer identifiable information from unauthorized access or improper use while on our facilities and we will continue to enhance our security procedures as new technology becomes available.

  • Power Outages

You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply, the Service will not function until power is restored.

  • Internet Service Interruptions

You acknowledge and understand that the Service does not function in the event of interruption of your Internet access service. 

  • Lawful, Non Fraudulent Use of Service and Equipment

You agree to use the Internet-based Relay Service only for lawful purposes. You will not use the Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers; or (2) avoids your obligation to pay for communication services or other purchases made through the service. If AT&T has reason to believe that you or someone else is abusing the Service or using it fraudulently or unlawfully, we can immediately suspend, restrict, or cancel the Service without advance notice. The Service is intended for use only from within the United States. AT&T reserves the right to terminate your Service immediately and without advance notice if you violate the above restrictions, including use of the Service outside the United States, leaving you responsible for all any applicable charges, all of which immediately become due and payable.

6.   INDEMNIFICATION

 YOU AGREE THAT WE SHOULD NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE, SETTLEMENT AND/OR PAYMENT OF ANY SUCH CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES INCLUDING ATTORNEYS´ FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.

7.   LIMITATIONS OF LIABILITY

NOTHING IN THIS AGREEMENT LIMITS OUR LIABILITY, IF ANY, FOR WILLFUL OR INTENTIONAL MISCONDUCT.
IF OUR NEGLIGENCE CAUSES DAMAGE OF ANY SORT, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD. WE WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, OR FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION UNDER ANY CIRCUMSTANCE. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY TO ANY CLAIM , NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS (SUCH AS CONTRACT, TORT, STATUTE, MISREPRESENTATION, IT IS BASED.
WE WILL NOT BE LIABLE FOR ANY DAMAGES ¬ AND WILL BE LIABLE ONLY FOR THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD ¬ IF SERVICES ARE INTERRUPTED, OR THERE IS A PROBLEM WITH THE INTERCONNECTION OF OUR SERVICES WITH THE SERVICES OR EQUIPMENT OF SOME OTHER PARTY, OR INTERRUPTIONS DUE IN PART TO A THIRD PARTY OR FORCE MAJEURE CONDITIONS. THIS SECTION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.

8.   WARRANTIES


EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, AT&T EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.

9.  HOW DO I RESOLVE DISPUTES WITH AT&T?

9.1   DISPUTE RESOLUTION BY BINDING ARBITRATION

 

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Summary:
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling toll free to our AT&T Customer Care Service  at 1-800-682-8706 Voice or 1-800-682-8786 TTY.  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.

  • 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 at 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 $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at 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.

10.  MISCELLANEOUS

  • No Third Party Rights

This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.

  • Acts Beyond Our Control (Force Majeure Condition)

Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.

  • Assignment

We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.

  • Notices

Notices from you to AT&T must be provided as specified in this Agreement. Notice from you to AT&T made by calling AT&T is effective as of the date that our records show that we received your call. AT&T notice to you, to the extent applicable, may be by posting on our web site, newspaper ad, postcard, letter, call to your billed telephone number, revision to these terms and conditions or an email to an address provided to you.

  • Separability

 If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.

  • Governing Law

Section 9 is governed by federal law. To the extent the federal law governing section 9 refers to state law, and for all other provisions of this Agreement, the law of the state in which you reside (or, in the case of multiple residences, the state in which the residence receiving the Services is located) applies, without regard to its conflict of law principles, except to the extent that such law is preempted by applicable federal law. You may have certain rights under state law. To the extent that applicable state laws do not permit this Agreement to supersede such rights, those state rights will govern, except where such state law is preempted by applicable federal law, such as the Federal Arbitration Act.

  • Entire Agreement

This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in Section 11 below. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor AT&T is relying on any representations or statements by the other party or any other person that are not included in this Agreement.

 11.   CHANGES TO THIS AGREEMENT

AT&T may change this Agreement from time to time. If we make any changes to the prices or charges, we will comply with our notice commitments described in this Agreement. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS OR CONDITIONS, YOU AGREE TO THE CHANGES.