Terms and Conditions
This page states the Terms and Conditions under which you, the Web Site visitor ("You") may use attoffer.com (the "Site"), which is owned by ATTOffer.
Please read this page carefully. By using this Site, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this Site. These Terms and Conditions supersede any other agreement you may have with ATTOffer regarding this subject matter. ATTOffer may, in its sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions.
Use of Site Material
The contents of this Site, such as text, graphics, images and other content (the "Site Material") are protected by copyright under both United States and foreign laws. These Terms and Conditions do not grant You any license whatsoever to the Site Material. ATTOffer authorizes you to view and download a single copy of the Site Material for your non-commercial personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy of such material. Except as expressly provided herein, you may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site or in a networked environment is prohibited. ATTOffer retains all intellectual property rights in the Site Material.
The names, marks and logos appearing on the Site are, unless otherwise noted, trademarks owned by or licensed to ATTOffer. Your use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, ATTOffer makes fair use in this Site of trademarks owned and used by third parties. ATTOffer makes no claim to ownership of those marks.
ATTOffer welcomes Your comments on our Site. However, You acknowledge that if You send us creative suggestions, ideas, recipes, notes, drawings, concepts, inventions or other information, (collectively, the "Information"), the Information shall be deemed, and shall remain ATTOffer property. By submission of any Information to us, You assign to us and we shall own exclusively all rights to such Information of every kind and nature throughout the universe now known or hereafter existing. ATTOffer shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to You or the provider of the information.
As a user of this Web site, You are responsible for Your own communications. Therefore, do not do any of the following things:
transmit to us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner
send material that reveals trade secrets, unless You own them or have the permission of the owner
send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others
send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity
intentionally or unintentionally violate or encourage conduct that would violate any local, state, or federal law
send advertisements or solicitations of business
send chain letters or pyramid schemes or impersonate another person
ATTOffer reserves the right to expel You and to prevent You further access to this Site for violating these Terms and Conditions terms or the law. The violation of any of these Terms and Conditions shall result in the immediate revocation of your right to access or use the Site or Site Material and obligates You to immediately destroy any copies of the Site Material in your possession.
Limitation of Liability
ATTOFFER DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOU'RE USE OF THE SITE OR THE SITE MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ATTOFFER SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" AND "AT YOUR OWN RISK" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ATTOFFER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH ATTOFFER STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL ATTOFFER, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS SITE OR SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ATTOFFER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Site contains links to web sites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by ATTOffer of the contents on those other sites. ATTOffer is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this Site, You do so at your own risk. Consult the Uniform Resources Locator ("URL") address identified in your browser to determine whether you have linked to a third-party Site.
By using this Site, You agree to defend, indemnify, and hold harmless ATTOffer, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that ATTOffer may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms and Conditions. ATTOffer reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
ATTOffer does not claim that the Site Material is appropriate or may be used outside of the United States. Access to the Site Material may not be legal by certain persons or in certain countries. If You access the Site from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in ATTOffer County, with respect to any dispute, disagreement, or cause of action related to or involving this Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Site, these Terms and Conditions constitute the entire agreement between You and ATTOffer with respect to your use of this Site.
AT&T U-verse Voice and TV, AT&T U-verse High Speed Internet, AT&T U-verse Voice and TV General Terms of Service
The following Terms of Service (referred to as "TOS") are between you, the customer, and one of the following AT&T companies, depending upon your service address: Southwestern Bell Telephone Company, L.P., Pacific Bell Telephone Company, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, Nevada Bell Telephone Company, The Ohio Bell Telephone Company, Wisconsin Bell, Inc., The Southern New England Telephone Company, or BellSouth Telecommunications, Inc. (each individually and collectively referred to as "AT&T"). The TOS constitute a legal document that details your rights and obligations as a purchaser of AT&T U-verse Voice service and/or AT&T U-verse TV service (individually and collectively referred to as "Services"). If you purchase AT&T U-verse Voice service, your TOS include the General Terms of Service set forth herein, and the attached Schedule 1. If you purchase AT&T U-verse TV service, your TOS include the General Terms of Service set forth herein and the attached Schedule 2. Your TOS also include the Acceptance Form For Terms Of Service For Purchase And Use Of AT&T U-Verse Voice And/Or AT&T U-verse TV provided to you when Services are installed. Your TOS will continue to apply to your U-verse Services when they are transferred from one location to another.
You must accept these TOS as a condition of receiving the Services. For purposes of these TOS, "you" and "your" refer to the person purchasing the Services. "We," "our," "us," refer to AT&T.
AT&T will comply with all applicable federal, state and local laws, to the extent that such laws apply to AT&T and its obligations under the TOS. If there is any conflict between the TOS and such applicable law, such applicable law controls. These conflicts could include, but are not limited to, fees and charges for service, billing and payments, notices, and your rights and remedies.
Legal Authority. You must be at least 18 years of age to purchase the Services as an individual or to accept these TOS as an authorized representative for the person or entity who purchases the Services. By accepting these TOS, you confirm you are an adult of at least 18 years of age. If you are an entity, by accepting these TOS, you confirm (through your duly authorized representative) that you are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these TOS; and you are also confirming that these TOS constitute a valid and binding obligation of yours. All use of the Services, whether or not authorized by you, shall be deemed your use. You are responsible for ensuring that all use of the Services complies with these TOS.
By enrolling in, activating, using, or paying for the Services, you agree to the terms and conditions in these TOS, including but not limited to the prices, charges, and terms and conditions provided to you in marketing and informational materials associated with the Services and on the AT&T U-verse web site, all of which are incorporated herein by reference. If you do not agree to all of the aforementioned terms and conditions, do not use the Services, and cancel the Services immediately by calling AT&T at 1-800-ATT-2020 for further directions.
Updates. These TOS may be updated or changed from time to time. You can review the most current version of these TOS at any time at: uverse.att.com. If AT&T makes a change to these TOS and that change has a material impact on the Services, you will be provided notice of that change. Your continued use of the Services following such notice constitutes your acceptance of those changes.
Special Arrangements. Some customers may receive the Services through a special arrangement with their property owner or manager. If you have such an arrangement, these TOS shall apply to the Services, except that AT&T may not directly charge you for Services (including Equipment) provided to you as part of the special arrangement, and the Equipment return provisions may not apply to you even though Equipment remains AT&T-owned. You will be responsible for fees and charges associated with additional Service orders. You may have an additional agreement or contract with your property owner or manager that covers any applicable special arrangement. Any such additional agreement or contract is outside these TOS and AT&T is not responsible for nor bound by the terms of any agreement you may have with your property owner or manager. If the special arrangement with your property owner or manager terminates, you may have the option to continue receiving Service under standard billing terms and these TOS.
You will be responsible for payment of service charges for visits by AT&T or its subcontractors to your premises when a service request results from causes not attributable to AT&T or its subcontractors. You will provide AT&T and its subcontractors with reasonable access to your premises in order to install, maintain, and repair the Service and you authorize any other adult resident or guest at your residence to grant access to your premises for these purposes. You understand and agree that AT&T may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces). If you do not own your premises or your unit is part of a multi-tenant environment (e.g., apartment building, condominium, private subdivision), you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to make alterations AT&T deems appropriate for the work to be performed.
You acknowledge that AT&T may use existing wiring, including altering the wiring and removing accessories, located within your unit ("Inside Wiring"). You warrant that you own or control the Inside Wiring, and give AT&T permission to use, alter, and remove equipment from, such wiring. Without limiting any other provisions of this TOS, you agree to indemnify AT&T from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services.
FEES AND CHARGES
Agreement to Pay. You agree to pay all fees and charges for the Services associated with your AT&T Account, including recurring and nonrecurring charges, taxes, fees, surcharges, and assessments applicable to the Services, associated equipment, installation and maintenance, and including all usage and other charges associated with your account. In order to provide you with the Services, AT&T may pay taxes, fees, and surcharges to municipalities and other governmental entities, which AT&T may pass on to you.
Late Payment Charge and Dishonored Check or Other Instrument Fee. If the entire amount of payment due is not received by the payment due date, a late payment charge will be charged to you. AT&T may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse AT&T for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You will be charged a fee for any check or other instrument (including credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason.
Changes to Fees & Charges. If you signed up for Services for a specified term, AT&T will automatically begin charging the applicable month-to-month fee at the conclusion of your term. If you purchased the Services as part of a bundled offering with one or more other products and are receiving a discount based upon that bundled offering, your discount may cease and you may be billed the standard monthly rate for the Services if you change or disconnect one or more of the services in the applicable bundle. AT&T may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges.
BILLING AND PAYMENTS
Credit Card Authorization. You may be asked to provide us with a valid email address and a credit card number from a card issuer that we accept in order to activate your Services. You hereby authorize AT&T to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these TOS are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize AT&T and/or any other company who bills products or services, or acts as billing agent for AT&T to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full.
You agree to provide AT&T with updated credit card information upon AT&T's request and any time the information you previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. Without limiting the applicability of any other provisions of this TOS, you acknowledge and agree that neither AT&T nor any AT&T affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at AT&T's option, to the account number provided for such automatic payment or electronic funds transfer plan.
Advance Payments And/Or Deposits. We may require you to make deposits or advance payments for Services, which we may use to satisfy your initial bill for Services, to offset against any unpaid balance on your account, or as otherwise set forth in these TOS or permitted by law. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness or for other reasons, we may establish limits and restrict service or features as we deem appropriate. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. Upon determination solely by AT&T of satisfactory payment history or as required by law, AT&T may begin refunding of the deposit or advance payment through bill credits, cash payments, or as otherwise determined solely by AT&T.
Payment Cycle and Cancellation. Billing for the Services commences when AT&T has provisioned the Services. Recurring charges for each month's Services will be billed one month in advance. Billing is based on a 30-day cycle. Non-recurring and usage-based charges for the Services generally will be billed in the billing cycle following the transaction. Your first bill for Services may include pro-rated charges for a partial monthly period prior to the beginning of your first monthly billing cycle. Upon termination you will be charged for the pro-rated number of days for which you had Services in that billing cycle and, if applicable, you will receive a credit for any balance of payments for Services billed in advance. A downgrade fee may apply if you make changes to your Service within thirty (30) days of Service provisioning or later programming orders.
Method of Billing/Payment. Fees and charges for the Services will be billed to your AT&T Account. You will receive an online bill for the Service, unless you specifically notify us that you want to receive a paper bill for the Services (at 1-800-ATT-2020). You must register online to establish a personal AT&T My U-verse Account and provide a billing email address. You will then be able to view and pay your bill online by logging on to your personal AT&T My U-verse Account (username and password required). You understand that you have sole responsibility for the security of your password and you are solely responsible for notifying AT&T if your password is lost or stolen. AT&T is not liable for any claims, costs, damages, or expenses arising from a lost, misplaced, or stolen password. If you forgot your password or want to change your password for any reason, you may request to reset your password online. It is your responsibility to notify AT&T immediately if your contact information changes.
Bill Inquiries and Refunds. If you believe you have been billed in error for the Services, please notify us within sixty (60) days of the billing date by contacting Customer Service (1-800-ATT-2020). AT&T will not issue refunds or credits after the expiration of this sixty-day period, except where required by law or regulation.
Promotions and Contingent Benefits. You may receive or be eligible for certain discounts, features, promotions, and other benefits associated with your purchase of the Services as offered to you in marketing and informational materials, on the AT&T U-verse web site, or in other materials ("Benefits"). Any and all such Benefits are provided to you so long as you continue to meet qualification requirements; provided, however, such Benefits may be modified or terminated at any time as set forth in these TOS or if you change you Services after installation. Unless otherwise set forth in Benefits materials, standard monthly rates will be charged at the conclusion of the Benefits period or when you no longer qualify for the Benefits.
The Services include a Residential Gateway ("RG") and certain service specific equipment set forth in Schedule 1 and/or Schedule 2 that is required for the Services to function (the RG and service-specific equipment herein collectively referred to as "Equipment"). You agree to rent the Equipment as part of your purchase of the Services for the duration of your receipt of the Services. Rental fees will be included in your monthly charge for the Services. The Equipment requires electrical power from your premises to operate, which you are responsible for providing. You may also have an Optical Network Terminal ("ONT"), which is a box typically located on the side of your house or in your garage, where AT&T's fiber network terminates. The ONT also requires electrical power from your home to operate, which you are responsible for providing. AT&T installs an initial power supply box for the ONT when the first resident at a premises orders AT&T services. The ONT power supply box converts the AC power in your home to the DC power required by the ONT.
Backup Battery for ONT. If there is an ONT at your premises and you are the first resident at the premises to order AT&T services, AT&T provides the initial backup battery for the ONT power supply box to you at no additional charge when your first AT&T service is installed. If a prior resident of the premises was the first resident to order AT&T services, you are responsible for determining whether a replacement battery for the existing ONT power supply box is needed and, if one is needed, for purchasing it. You hereby agree to be solely responsible for determining when the backup battery requires replacement and for replacing and recycling used batteries. You agree to read and follow all manufacturer or vendor directions for the replacement and recycling of backup batteries.
Backup Battery for RG. AT&T provides an initial RG battery backup unit, with an initial backup battery, for purchasers of AT&T U-verse Voice service. See Schedule 1, section IV., for more information on Power Outages and Backup Batteries.
AT&T reserves the right to manage the Equipment during the time you are an AT&T U-verse customer and retains exclusive rights to data generated by the Equipment. Neither you nor a third party may change, interfere with, or block access to the Equipment data or settings. AT&T will repair or replace damaged Equipment as AT&T deems necessary.
You understand that repair or replacement of the Equipment may delete stored content, reset personal settings, or otherwise alter the Equipment. If the Equipment was damaged due to your intentional acts or negligence as determined by AT&T, you will be responsible for the price of repair or replacement. Any tampering with the Equipment, including, for example, opening and attempting to modify the Equipment, or attempting to connect the Equipment to other hardware, will be treated as damage due to your intentional acts or negligence. You agree that you will use the Equipment only for its intended residential use, and not for any other purpose (such as on another AT&T network, or on another provider's (non-AT&T) network).
Return of Equipment. Upon termination of the Services, for whatever reason, you must return the Equipment, undamaged, within twenty one (21) calendar days to AT&T. If the Equipment is not returned within twenty one (21) calendar days, or is returned damaged, you will be charged for the value of the Equipment. We may retain any advance payment or deposit, or portion thereof that previously had not been refunded, if you fail to return the Equipment within this time period. If the Equipment is returned within six (6) months of termination, any fees charged for the Equipment will be refunded (other than fees for damages). No refunds will be made for any Equipment returned more than six (6) months after termination.
AT&T will not provide support for, or be responsible for, ongoing maintenance or management of, customer-owned equipment, including the initial RG battery backup unit provided to AT&T U-verse Voice customers.
You agree to indemnify and hold AT&T and its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any claim, demand, action, citation, or legal proceeding , including, but not limited to, those arising out of or resulting from the death or bodily injury of any person, or the damage, loss, or destruction of any real or tangible personal property, or for reasonable attorneys' fees, made by any party against AT&T, its subsidiaries, affiliates, directors, officers, agents, and employees arising out of or related to your use of or inability to use the Services, your connection to the Services, the provisioning or alleged failure to provision the Services, a violation of any provision of this TOS, or your violation of any rights of another.
INTERRUPTIONS, LIMITATIONS, AND MODIFICATIONS TO SERVICE
Service may be temporarily interrupted or otherwise limited for a variety of reasons, some beyond the control of AT&T. AT&T reserves the right to refuse credit allowances for interruptions of Service. AT&T also reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Services (or any function or feature of the Services or any part thereof) without liability. You acknowledge that AT&T may establish general practices and limits concerning use of the Services, including without limitation, the limits set forth in the attached Schedule 1 and Schedule 2.IP Network Interruptions. You acknowledge and understand that the Services will not function in the event of an IP network interruption.
Customer Duty. You agree to keep confidential all passwords, user IDs, IP addresses, and other account identifiers and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur under your AT&T Account, password, user ID, or IP address. You agree to: (a) immediately notify AT&T if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with the Customer either for profit or not for profit) or unauthorized disclosure or use of your AT&T Account, password, user ID, or any credit or charge card number provided to AT&T by calling 1- 800-ATT-2020; (b) ensure you exit from your account as applicable at the end of each session; and (c) periodically change your password.
Account Access. You authorize AT&T to provide information about and to make changes to your AT&T Account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you.
Assumption of Risk. There is a risk that other users may attempt to access your Services, such as through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the Services and you agree to take full responsibility for taking adequate security precautions and safeguarding your data.
Theft of AT&T Equipment or Service. You agree to notify AT&T immediately, in writing or by calling the AT&T customer support line, if the Equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide your AT&T Account number and a detailed description of the circumstances of the Equipment theft, including documentation of theft (e.g., a copy of a police report) or stolen or fraudulent use of the Services. You will be responsible for all charges incurred on your AT&T Account until you report the theft or fraudulent use of the Services. You will be responsible for stolen Equipment, however, AT&T may in its sole discretion waive or reduce charges for stolen Equipment upon submission of documentation of theft or other circumstances. Failure to provide notice to AT&T of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by AT&T, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your monthly fees for Services not stolen or fraudulently used.
SUSPENSION AND TERMINATION
Suspension/Termination by AT&T. Your Services may be suspended or terminated if your payment is past due. While your Services are suspended you will not receive automatic credit balances (if any are due) and billing will continue for your monthly charges, and any applicable promotional offers may be discontinued and revoked as determined solely by AT&T. You will be charged a fee to restore your Service from suspension. In addition, AT&T may immediately terminate all or a portion of your Service or suspend Service, without notice, for conduct that AT&T believes (a) is illegal, fraudulent, harassing, abusive, or intended to intimidate or threaten; (b) constitutes a violation of any law, regulation, or tariff (including, without limitation, copyright and intellectual property laws); or (c) is a violation of these TOS, or any applicable policies or guidelines (including the Acceptable Use Policy), and AT&T may refer such use to law enforcement authorities without notice to you. Termination or suspension by AT&T of the Services also constitutes termination or suspension (as applicable) of your license to use any Software, if applicable.
Contacts to Terminate Service. You may terminate the Services at any time by calling 1-800-ATT-2020. You must pay service fees and other charges incurred through the termination date. No cancellation or disconnect fee will apply, but you may be charged the value of any Equipment that is not returned in accordance with Section 6.
The Services use and include certain software and/or firmware (the "Software"). Some Software resides on the Equipment
End User License Agreement. If you downloaded or installed Software, your use of that Software is subject to the End User License Agreement that accompanied that Software. With regard to any Software (including Software upgrades, changes, or supplements) which is not accompanied by an End User License Agreement, AT&T, or its applicable third party licensors, grants you a limited, personal, non-transferable, and non-exclusive right and license to use the object code of its Software on the Equipment; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or structure, sequence and organization of, sell, assign, sublicense, distribute, rent, lease, grant a security interest in, or otherwise transfer any right in the Software. You acknowledge that this license is not a sale of intellectual property and that AT&T or its third party licensors, providers or suppliers continue to own all right, title and interest to the Software and related documentation. The Software is protected by the copyright laws of the United States and international copyright treaties.
Export Limits. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and shall not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By downloading or using the Software, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.Restricted Rights. The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Restricted Rights clause at 48 CFR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 844-484-2055 and in similar clauses in the NASA FAR Supplement.
NOTICE ABOUT AUTOMATIC SOFTWARE UPGRADES. AT&T, or its applicable third party licensors may provide Software upgrades, updates, or supplements (such as, but not limited to, adding or removing features or updating security components). You understand and agree that AT&T, or the applicable third party licensor, has the unrestricted right, but not the obligation, to upgrade, update, or supplement the Software on the Equipment at any time. Although unlikely, Software upgrades, updates, or supplements could reset your Equipment and erase saved preferences and stored content.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AT&T EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
.AT&T MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) THE SERVICES WILL NOT CONFLICT OR INTERFERE WITH OTHER SERVICES FROM AT&T OR THIRD PARTIES THAT YOU RECEIVE AT YOUR PREMISES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AT&T SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AT&T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) USE OF THE SERVICES (WHICH INCLUDES EQUIPMENT, SOFTWARE, AND INSIDE OR OUTSIDE WIRING), (b) THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, (c) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF THE SERVICES, EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF AN AT&T INSTALLER, TECHNICIAN, OR OTHER REPRESENTATIVE, AND/OR (d) ANY INABILITY TO REACH 911 EMERGENCY SERVICES, ANY ALLEGED INTERFERENCE WITH ALARM OR MEDICAL MONITORING SIGNALS, OR ANY FAILURE OF ALARM OR MEDICAL MONITORING SIGNALS TO REACH THEIR INTENDED MONITORING STATIONS ALLEGEDLY AS A RESULT OF THE SERVICES.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AT&T IN CONNECTION WITH THE SERVICE IS A REFUND NOT TO EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
Unless otherwise specified in these TOS, notices to you may be made via email, regular mail, posting online at uverse.att.com, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, or call to your billed telephone number. In addition, if you purchase AT&T U-verse TV service, AT&T may also provide notices of changes to these TOS or other matters by displaying notices on AT&T U-verse TV. It is your responsibility to check for such notices.
Unless otherwise specified in these TOS, notices by you to AT&T must be given by calling 1-800-ATT-2020 and such notices are effective as of the date that our records show we received your call; LEGAL NOTICES must be given by letter delivered by first class US mail to AT&T, PO Box 204089, Austin, TX 78720-4089.
All portions of the Services and Equipment and any firmware or software used to provide the Services or provided to you in conjunction with providing the Services, or embedded in the Equipment, and all Services, information, documents, and materials on related web site(s) are the property of AT&T or third-party providers and are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "Marks") of AT&T or third-party providers are and shall remain the exclusive property of AT&T or third-party providers, and nothing in this.
Agreement shall grant you the right to right or license to use such Marks.
CREDIT REPORTING AUTHORIZATION
As permitted under applicable laws and without limitation to other rights provided in these TOS or other applicable policies, you authorize AT&T to (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and (b) periodically obtain and use your credit report and other credit information from any source in connection with AT&T's offering of the Services and other services. You understand that if you fail to fulfill the terms of your obligations under these TOS, AT&T may report your failure to a credit reporting agency.
AT&T may assign these TOS and its rights and obligations pertaining to the provision of the Services, or parts thereof, to a parent or affiliated company without notice to you. You may not assign these TOS or your rights or obligations pertaining to the Services or any parts thereof without the written consent of AT&T.
These TOS do not provide any third party with a remedy, claim, or right of reimbursement.
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