AT&T Video Relay Service ("VRS") Terms & Conditions

 

(REVISED 12/23/2008)

 

This Agreement ("Agreement") is between AT&T Inc., and a customer of AT&T Video Relay Service ("VRS") 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.

 

1.SERVICE DESCRIPTION

 

AT&T VRS is an enhanced relay service intended to be used by people with hearing or speech disabilities who use sign language and have a need to reach a standard telephone user with the assistance of a sign language interpreter. The service can also be used by standard telephone users who have a need to reach a person with a hearing or speech disability who uses sign language with the sign language interpreter. VRS 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 a Video 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 VRS requires the assistance of a sign language interpreter ("Interpreter") to relay conversations from the user to a standard telephone user or vice versa. The VRS user accesses the service through a high speed broadband Internet connection such as DSL or cable, a web browser, and video device such as a web camera or video phone. The Interpreter will relay the conversation verbatim and in real time between the standard telephone user and the AT&T VRS user.

 

3. REGISTRATION FOR A TEN-DIGIT TELEPHONE NUMBER

 

Beginning December 31, 2008, users of AT&T VRS 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 their own ten-digit telephone number. With a ten-digit number, you will be able to: a.Make an emergency call through AT&T as your relay provider and have the call, along with your ten-digit number and your registered location information, automatically route to the appropriate public safety answering point, or "911 call center";
b.Receive incoming calls from voice telephone users who dial your ten-digit telephone number;
c.Receive a call directly from another person using VRS or IP Relay
When you register and receive a number from AT&T, you are designating AT&T as your default provider. However, you will be able to change your default relay providers at any time, and still keep the same telephone number, as FCC rules require default providers to allow and not restrict the porting of numbers. 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.

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 VRS from another location. It is also important that you understand the limitations of calling 911 with AT&T VRS, as will be explained in the advisory found below.

 

4.AT&T VRS SERVICE 911 SERVICE

 

a. 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.

 

b. 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 VRS 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, click on My Profile

 

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 VRS. AT&T STRONGLY RECOMMENDS THAT YOU ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES VIA A TRADITIONAL PHONE LINE OR A WIRELESS PHONE.

 

c. 911 WITH AT&T VIDEO RELAY SERVICE WHEN YOU REQUEST 911 THROUGH AT&T VIDEO 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 VRS 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

 

a.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.

 

b.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.

 

c.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.

 

d.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.

 

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

 

f.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. DISPUTE RESOLUTION

 

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY.

a.Binding Arbitration.
The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. //1–16. You have the right to take any dispute that qualifies to small claims court rather than arbitration. All other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration will be conducted by one arbitrator using the procedures described by this Section 13. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect.

The arbitration of any dispute involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. The AAA´s Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000, except as modified herein. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.

NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND AT&T BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.

b.Arbitration Information and Filing Procedures. Before you take a dispute to arbitration or to small claims court, you must first write to us at AT&T, P.O. Box 944078, Maitland, Florida 32794-4078, and give us an opportunity to resolve the dispute. Similarly, before AT&T takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or AT&T is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas, Texas 75240-6620 and request arbitration of the dispute. Information about the arbitration process and the AAA´s Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org, or by contacting us at AT&T, P.O. Box 944078, Maitland, Florida 32794-4078. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA"s telephonic, on-line, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence. Arbitrations under this Agreement shall be confidential as permitted by federal law. By notifying AT&T within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations

ANY CLAIM OR DISPUTE ARISING OUT OF THIS SERVICE OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES.

c.Fees and Expenses of Arbitration. You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. The AAA´s filing fee and administrative expenses for a document arbitration will be allocated according to the AAA´s Rules, except as stated herein, for claims of less than $10,000, you will only be obligated to pay a filing fee of $20 and we will pay all of the AAA´s other costs and fees. For claims between $10,000 and $75,000, you will pay a fee to the AAA of no more than $375, and we will pay all of the AAA´s other costs and fees. If you elect an arbitration process other than a document ("desk") or telephone arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. If you request such an alternative process, or for claims of $10,000 or greater, AT&T will also consider, upon receiving your request and on a case-by-case basis, paying some or all of the AAA´s fees and expenses that you would otherwise be allocated under the AAA´s rules. You also may ask the AAA about the availability of a pro bono arbitrator and/or a waiver or deferment of fees and expenses from the AAA; more information about the AAA´s rules and policies is available at the AAA´s website, which is www.adr.org. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys´ fees and expenses for witnesses, document production and presentation of evidence. If you prevail before the arbitrator, however, you may seek to recover the AAA´s fees and the expenses of the arbitrator from us. If we prevail before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then we may seek to recover the AAA´s fees and expenses of the arbitrator from you.

 

10.MISCELLANEOUS

 

a.No Third Party Rights. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.

b.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.

c.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.

d.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.

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

f.Governing Law. This Agreement will be governed by the law of the State of New York, without regard to its choice of law rules, except that the arbitration provisions in Section 13 will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Services.

g.Entire Agreement. 8.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 15 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.

I understand that I have read, understand, and agree to the conditions under which AT&T VIDEO RELAY SERVICE will support E911, including the processes pertaining to receipt and porting of a telephone number and registering/updating my location and other information with AT&T as my default provider.