AT&T CONNECTECH TERMS OF SERVICE
NOTEBOOK COMPUTER REPAIR SERVICES
AT&T CONNECTECH TERMS OF SERVICE
AT&T ConnecTechSM services are
provided by AT&T
Internet Services when billed via credit card. and by your AT&T telephone
company if billed via your AT&T U-verse bill or your
AT&T local telephone bill (AT&T).[1]
The following Terms of Service ("Terms" or TOS)
constitute the contract between you and AT&T.
AT&T
ConnecTech services include Remote Support Services, In-home Support Services,
and Notebook Computer Repair Services, as described in these TOS and at connectech.att.com
(Site). As used in these TOS, Services refers to
all AT&T ConnecTech services.
AT&T
ConnecTechs Remote Support Service includes Support+ and certain other personal
computer-related support services provided to you over the telephone at 1-800-344-1734
(ConnecTech Customer Service), 1-866-321-5178 (PC/Home Network Telephone
Support subscribers), including but not limited to assistance in the areas of
troubleshooting, installation, configuration and set up of certain products,
devices, systems and applications (collectively called Remote Support Services
in the these TOS).
Remote
Support Services are available on a "per incident" basis, or a per
month subscription basis for qualifying customers. Because of the complexity of issues customers
might face, our Remote Support Services are "reasonable efforts"
services. If your problem should prove
more difficult than AT&T can reasonably resolve, AT&T reserves the
right, in our sole discretion, to end further efforts to resolve the problem
and to provide you a refund in lieu of complete resolution of the problem. Any refund will be limited to the per-incident
service fee or, the per month service fee paid.
Remote
Support Services are troubleshooting and problem resolution services and do not
include fundamental training needs on software packages nor computer
programming or development support. Moreover, Remote Support Services are not
hardware warranty services.
Supported
Products. Products, devices, systems,
and applications covered by the Remote Support Services include those
listed at connectech.att.com . AT&T reserves the right to refuse to
troubleshoot software not in our list of supported products and to reduce
or expand the scope of support offered without prior notice.
AT&T
has limited proprietary information from vendors, manufacturers and developers
and may not have the ability to obtain the proprietary information that may be
necessary to resolve a specific technical problem. Technical problems that may
arise may be the result of software or hardware errors not yet resolved by the
hardware or software manufacturer.
Customers
will be encouraged to follow a practice of regularly backing up information.
AT&T may, but is not required to, decline to proceed with problem
resolution if AT&T feels that adequate back up steps are not being taken.
Since providing
Remote Support Services may include steps that you will need to take before the
problem can be resolved, such as buying cables, acquiring software, etc.,
AT&T will keep your ticket open so that it can be referenced again when you
are ready to go the next step. If you cannot pursue the course of action
AT&T recommends, AT&T will consider the ticket closed.
Representations
by Customer. You represent and warrant you
are a legal license holder of the software and you own any hardware or network
devices you request AT&T to assist you with in association with the Remote
Support Services. AT&T will not
assist you if you are not the legal license holder of software and owner of all
devices.
No
Entitlements: You understand and agree that Remote Support Services do not
include free upgrades of existing software, operating systems, or applications.
Further, use of Remote Support Services does not constitute a license to use
software, applications, or equipment that AT&T is troubleshooting. AT&T does not provide any such upgrades or
licenses, which are solely your responsibility and you must acquire them from
the appropriate sources.
AT&T
ConnecTechs In-home Support Services include (1) Home Network and Installation
Services for PCs; (2) Home Network and Installation Services for Apple
Computers; (3) Computer Repair Services (Labor Only or Parts & Labor); (4)
Home Theater Installation Consultation; (5) Home Theater Installation Services;
and (6) Smart Remote Programming. All
these services are collectively called In-home Support Services in these TOS. Home Network and Computer Installation Services
for PCs and Apple Computers and Computer Repair Service (Labor Only and Parts
& Labor) are collectively called Computer Services in these TOS. Home Theater Installation Consultation, Home
Theater Installation Services, and smart remote control programming, non-brand
centric are collectively called In-home Theater Services in these TOS.
The
following terms apply for all In-home
Support Services:
o
Service Availability
& Appointments. We want to be there when you
need us. We are available 7 days a week.
Standard in-home service appointment hours are each day, 8 AM to 5 PM
your local time. Our toll-free sales
support center 1-800-344-1734 is available daily, 8AM-11PM Central Standard
Time. Additional charges may apply for
urgent or rapid responses, or for service outside of standard hours. Next day appointments may be available in
some areas for appointments made before 3:00 PM local time the day prior. Service must be scheduled within 45 days or
purchase.
o
Appointment Changes or
Cancellations. You must prove at least 24 hours advance notice
of any cancellation or rescheduling request for your appointment. If you fail to provide at least 24 hours
advance notice, you will be charged a cancellation charge if AT&T
has incurred expenses for your appointment.
If you do change your scheduled appointment, additional restrictions for
appointment availability may apply.
o
Service Coverage.
AT&T ConnecTech will make all reasonable effort to provide in-home
services to your area. We have in-home
service available in all 50 states in the
o
Third Parties. AT&T
reserves the right to deliver all services via independent and authorized third
party service representatives and technicians.
o
Services are limited to one trip unless otherwise noted, and
to a total on-site duration of 2 hours.
Additional charges may be incurred for multiple trips, extended distance
(beyond standard metropolitan areas as determined by AT&T) -including rural
or limited access areas, or extended time.
To determine if your address qualifies for regular or additional service
charges, use call 1-800-344-1734.
o
Access. AT&Ts
technician must have 1) access to your residence or business and the
computer(s) and/or peripheral(s) to be serviced, 2) your consent and
cooperation to enter your residence or business, 3) a safe working environment
and work space, and 4) electrical power. If the AT&T technician determines that
these conditions have not been met, service can be denied and a
cancellation charge assessed.
o
Service Authorization.
For all In-home Support Services, a person at least 18 years of age must
be present during the entire time period services are provided. If no adult is present at the appointment time
arrival, services will be denied and a cancellation charge will be
assessed.
o
Additional Services, Parts, and Charges. In some cases, depending on the service you
purchased and the recommended remedy, additional parts or software may be
required in order to provide a solution. Technicians will provide an estimate of
such additional charges to you prior to performing work that requires an
additional charge. You may opt to not continue service at that time, however
service charges still apply for all service provided up to that point. Payments for additional charges are payable by
credit card.
o
In-home Support Services do not include furniture set
up. AT&T technicians will not be
held responsible for moving any furniture, valuables, or any other customer-owned
items. AT&T technicians will not,
under any circumstances, move, alter, or install electrical outlets. It is recommended to have necessary electrical
work performed prior to any service; failure to do so may result in delays and
additional charges. AT&T will not be
responsible for damages resulting from any customer-provided parts (for
example, a TV wall bracket failure).
o
Force Majeure. If
AT&Ts and/or its third-party service providers ability to provide
services is impaired by circumstances beyond the control of AT&T or its
third-party service provider, including but not limited to road or traffic conditions,
weather, natural disasters, strikes, or other causes, AT&T or its
third-party service provider may choose not to provide services.
Labor Guarantee. All
labor purchased from AT&T will have a 30 day labor guarantee from the date
of service provided by an authorized AT&T ConnecTech service
representative. This guarantee is provided to the original purchaser and
applies only to service required based on the work performed at the original
service event. Any modification of system software or computer hardware will
void this guarantee.
The
following terms apply only for all -
Computer Services:
o
Minimum System Requirements for In-home Computer Services: (1) Computer(s) must be in working condition
at time of installation service; (2) Operating system(s) must be Microsoft
Windows XP/XP Pro, Windows Vista, Apple OS 9, or higher (only English
versions); (3) Operating system and/or ISP passwords must be available; (4)
Operating system disks and key codes must be available; and (5) Software and
peripheral hardware must be compatible with computer configuration.
o
High-speed Internet access must be available for services
requiring Internet access.
o
Specialty installations, including but not limited to
enterprise software or hardware, structured cabling/wiring, or custom
configurations, are excluded.
o
It is your
responsibility to back up all software and data on your computer's hard
drive(s) and/or any other storage devices prior to every appointment. AT&T
and/or its third-party service provider shall not be responsible at any time
for any loss, alteration, or corruption of any software, data, or files. AT&T can provide options for back up service at
an additional charge.
o
Only owner licensed software will be installed or
re-installed by an AT&T technician.
o
AT&T will make reasonable efforts to help recover your
data from any virus/worm or spyware/malware that may be evident on your
computer; however, it is your responsibility to provide proper and updated
protection from further contamination.
The
following additional terms also apply for Desktop
Repair Services (Parts & Labor) only:
o
A toll-free diagnosis call with AT&T at 1-800-344-1734 is
required prior to scheduling an appointment (diagnosis charges will apply).
o
Only covers HP or Compaq, Acer, E-machines, and Gateway branded
computers with a Pentium 4 level (or AMDTM equivalent) or higher
CPU (Apple desktop computers are not covered), unless determined otherwise by
AT&T at time of diagnosis. Please call 1-800-344-1734 during
regular business hours if you have any questions about whether a specific
computer is covered.
o
Service includes repairing or replacing - parts in one (1)
computer and does not cover any user-added or aftermarket upgrades, covered
parts are limited to the following classification-types of internal parts:
power switches, media card readers, memory, fan, heat sinks, power supplies,
modems, CD-ROMs, and floppy drives. AT&T
reserves the right to use generic repair parts which may be new or
re-engineered.
o
Any removed parts that are replaced become property of
AT&T.
o
Parts Guarantee. All
replacement parts installed by AT&T are subject to a 90 day guarantee from
date of installation. This guarantee is
not transferrable and covers only the part installed in the computer at time of
service. Parts damaged by abuse or
misuse will void this guarantee.
o
Service excludes computers with damage that reasonably
appears to have been caused by infestation, bio-hazard, smoke or fire damage,
water-corrosion, or other electrical hazards.
The
following terms apply only for all
In-home Theater Services:
o
TV Service. For the
best results, we recommend scheduling installation of TV Service (for example, AT&T
U-verse TV, satellite, or cable) prior to day of your AT&T ConnecTech
In-home Theater Service appointment, so a more complete and thorough assessment
and integration can be completed. TV sizes are measured diagonally.
o
Labor Only. Installations
do not include any parts or accessories (for example, wire, cable, speaker
mounts or similar parts), except as specifically set forth on the details page
for the applicable installation service.
o
Lath and Plaster. INSTALLATIONS
INVOLVING LATH AND PLASTER WALLS MAY RESULT IN CRACKS ON THE WALL. AT&T shall have no liability or
responsibility for any cracks or other damage to such walls.
o
Installations include:
integration of any newly purchased component(s) into an existing and
working system; when audio or video components are installed, programming of
any manufacturer-supplied remote control(s) for those components; organization
and, when necessary, tying of wires and cables; a brief educational
demonstration of any newly purchased components the AT&T technician installed;
and reasonable cleanup of wire clippings, drywall dust, or any other debris
caused by installation.
o
Supported Products.
Products, devices, systems, and applications covered by the In-home
Theater Services include those listed at connectech.att.com. AT&T reserves the right to refuse to provide
In-home Theater Services for products not in our list of supported products and
to reduce or expand the scope of support offered without prior notice.
o
Additional General Requirements:
Installation is for one (1) room only.
AC power must be present and within reach of the TV and
video components using the manufacturer AC power cords.
Customer will supply all cables required to connect A/V
components to the TV.
Only the video components for which inputs exist on the TV
will be connected
On Wall Mounting Service: A/V components must be located on
the same wall and directly below the TV.
On Wall Mounting Service: Customer will supply TV mounting
bracket and all cables required to connect A/V components to the TV.
On Wall Mounting Service: TV can only be mounted to interior
walls using standard wood studs or a brick wall.
On Wall Mounting Service: Mounting bracket must be made for
the type and size of TV and for the type of wall construction it is being
attached to.
Home Theater Installation Services available for rooms up to
20 by 20.
o
For services that include In/On Wall Speaker and Wire
Concealment Requirements:
Customer will supply speaker mounting brackets and hardware
An Attic or basement must be directly above or below the
installation room
Speakers must be made to be wall mounted
Mounting bracket must be compatible with make/model of
speaker
Mounting hardware must be compatible with wall construction
Other Wire/Cable Concealment Conditions: If there is inadequate access for standard
wall fishing in the wall where a wire is to be hidden, or the wall that
contains insulation, vapor barriers, or any other obstructions, the wire may be
concealed by installer-provided paintable or matching track molding (which may require
a return visit). The AT&T technician
will make reasonable efforts to spackle any area where access holes were
created in the walls and to finish wall fished cable exit points with a bushing,
plate, or spackle; however, we are not responsible for any repainting. The customer shall be solely responsible for
any repainting.
o
STAND MOUNT INSTALLATION services available for TVs with up
to 70 diagonal picture size. Stand
Product Delivery
Wall mounting TV
Setup/moving of furniture
Programming of universal-type learning remote
Concealing AC power
o
WALL MOUNT TV
INSTALLATION services available for TVs with up to 60 diagonal picture
size. Wall Mount TV Installation
services do not include:
Product Delivery
Setup/moving of furniture
Setup or connection of
newly purchased A/V components (unless purchased)
Setup or connection of newly purchased speakers ( unless
purchased)
Concealing AV cables in brick or other masonry type walls
Programming of universal-type learning remote
Any type of custom in-wall wiring
C. NOTEBOOK COMPUTER REPAIR SERVICES
AT&T
ConnecTech Notebook Computer Repair Services include the shipping of a notebook
computer to AT&Ts repair service center, the servicing, repairing, and/or
replacing of certain computer parts, and the return shipping of the notebook
computer. The following conditions apply
only to Notebook Computer Repair Service:
o
You have a choice of a toll-free diagnosis call with AT&T at 1-800-344-1734
is required. Our support center is
available daily, 8AM-11PM Central Standard Time. During the call, we will recommend and
diagnose your notebook issues and determine whether your notebook computer
problem is something we believe we can repair.
o Repair center services include reasonably necessary parts or software adjustments or removal required to repair the symptoms that are issues presented at the time of service, and can include resetting your operating system software as a remedy. If the option to perform a system restore is the recommended remedy for the issues presented, your choice to not continue repair will not waive any required fees or charges for repair.
o
If we determine your notebook computer problem is one we
believe we can repair, we will make every reasonable effort to send an
appropriate shipping box to your provided address the same day as your service
diagnosis (excluding Sundays). Some
limitations may apply based on carrier, time, and availability of delivery
based on your area. We may change or
delay shipping due to parts availability, weather related instances, or
unforeseen carrier issues. All shipping
will be 2-business day shipping. We will
provide instructions with the shipping box for all required power supplies,
system software, and access passwords/documentation. Failure to provide any required items may
result in delays and additional charges.
o
Repair Time. The
length of time for AT&T to repair your notebook computer once it is
received will vary based on parts availability and AT&T receiving all
required power supplies, system software, and access to passwords/documentation.
o
Service Availability.
AT&T ConnecTech Notebook Computer Repair Service is available
without additional shipping charges in most areas in the 48 continental
o
To determine if your location is within an AT&T
ConnecTech shipping area please refer to call 1-800-344 -1734 during regular hours, for
information and applicable shipping charges. AT&T reserves the right to
change coverage and services offered at any time.
o
Shipments lost due to misinformation, missing information,
and wrong address etc resulting in mis-deliveries, non-deliveries, shall not
result in AT&T or its 3rd party vendors being held responsible for the loss
or damages. Signature is required and if recipient is not available to
sign and/or does not pick up product at designated carrier location, it will be
responsibility of the recipient to recover the shipment. Standard insurance
rate liabilities for ground shipment apply.
o
It is your
responsibility to back up all software and data on your computer's hard
drive(s) and/or any other storage devices prior to shipping to AT&Ts
designated centralized service facility. AT&T and/or its designated service
providers shall not be responsible at any time for any loss, alteration, or
corruption of any software, data, or files.
o
AT&T can provide options for data back-up service at an
additional charge. Only owner licensed
software will be installed or re-installed by AT&T.
o
Minimum System Requirements for Notebook Computer Repair
Services: (1) Operating system(s) must
be Microsoft Windows XP/XP Pro, Windows Vista, or higher (only English
versions); (2) Operating system and/or ISP passwords must be available; (3)
Operating system disks and key codes must be available; (4) Software and
peripheral hardware compatible with computer configuration; and (5) Power
supply for notebook computer must be provided and shipped with notebook.
o
Notebook Computer Brands Services. Centralized service and parts provided for HP
or Compaq, Acer, Lenovo, Toshiba, and Dell branded standard notebook
computers with a Pentium III class (or AMDTM equivalent) or higher
CPU. Unless agreed to otherwise by
AT&T, Sony, Apple, and other brands of notebook computers, or all-in-one
desktops are not covered (if AT&T does agree to service, additional charges
will apply). Service excludes computers
with damage that reasonably appears to have been caused by infestation,
bio-hazard, smoke or fire damage, water-corrosion, or other electrical hazards,
and service does not cover rubber feet, docking stations, bezels, or cosmetic
damage. Please call 1-800-344-1734
during regular business hours if you have any questions regarding eligibility
of your computer.
o
Cracked or Non-Repairable LCDs: Standard rates apply to LCD replacement
and/or repair for non-HD screens. Some screens may not be eligible for
replacement or repair due to availability. Unless agreed to otherwise by AT&T, 17
WUXGA, 19 and above, Apple LCD, Sony LCD, and HD LCD equipment are not covered
(if AT&T does agree to service, additional charges will apply).
o
Third Parties.
AT&T reserves the right to deliver services via independent and
authorized third party service representatives and technicians.
o
Additional Parts or Software. In some cases, depending on the service you
purchased and the recommended remedy, additional parts or software may be
required in order to provide a repair solution. These will be offered at an additional charge
and you may opt to not continue service at that time; however, service charges
still apply for all service provided up to that point.
o
Labor Guarantee. All
labor purchased from AT&T will have a 30 day labor guarantee from the date
of service provided by an authorized AT&T ConnecTech service
representative. This guarantee is provided to the original purchaser and
applies only to service required based on the work performed at the original
service event. Any modification of system software or computer hardware will
void this guarantee.
o
Parts Guarantee. All
replacement parts installed by AT&T are subject to a 90 day guarantee from
date of installation. This guarantee is
not transferrable and covers only the part installed in the computer at time of
service. Parts damaged by abuse or
misuse will void this guarantee.
At the
discretion of AT&T, these TOS may be updated from time to time, without
prior notice to you; although we will notify you of updates that have a
material impact on you. AT&T reserves
the right to make any updates by posting the revised TOS on the Site. You can
review the most recent version of these TOS at any time on the Site and it is
your responsibility to routinely review these TOS. Your continued use of any Service
following any change in the TOS constitutes your acceptance of those changes.
Available
offers and billing options may vary from time to time and based on customer
location, other AT&T services purchased, and additional restrictions and
qualifications. Prices for Services are
explained and quoted to you at the time of purchase. All charges must be authorized
by you in advance and will be billed to a major credit card or on your AT&T
U-verse bill or AT&T local telephone bill, depending on the subscription or
offer selected when you ordered the Services. You agree to pay all fees and
charges specified when you ordered the Services, including any recurring and
nonrecurring charges, taxes, fees and assessments applicable to the Services.
Except for
certain subscriptions, once a trouble ticket on a particular issue called in
about has been closed by AT&T, any further calls or requests for assistance
will be opened as a new ticket and an additional fee must be paid.
Notwithstanding the foregoing, for Remote Support Services, AT&T agrees to
assist you with the same issue, should the same problem occur again, for the
remainder of the day the call was received and the following 5 calendar days
(within regular hours of operation) without you incurring any additional
charges.
Subscription
Billing: For Services with a subscription, billing for the Service commences
when your order the Service and recurring charges for each months Service will
be billed one month in advance. Billing
is based on a 30-day cycle. Your first
bill for Service 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.
Late Payment/Non-Payment: If any portion of payment is
received after a late payment date (for subscription billing), a monthly late
charge may be charged to you. The monthly late charge will be administered
according to standard AT&T billing procedures and will not exceed the
highest amount allowed by law. The late charge will be applied to the entire
outstanding balance for each month or portion thereof for which the balance
remains unpaid. In the event you fail to
pay charges, AT&T is unable to bill you, or AT&T is unable to bill
outstanding sums for the Service to your credit card, AT&T reserves the
right to bill outstanding sums to your credit card or to your AT&T billing
account or to send an invoice directly 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 also
agree to pay all current charges for the Service as well as taxes and fees
assessed against you or AT&T on the charges and all late payment, interest
or other fees as stated on your bill. You will also be charged a fee for any
check returned to AT&T relating to the Service. Your service may be suspended or terminated
if your payment is past due. AT&T may modify its billing practices or late
payment charges by providing you with prior written notice of the modification
Early
Termination Charge: If a term commitment is agreed to for the Service, and you
terminate prior to the end of the term, an early termination charge may apply.
Changes to
Fees and Charges: AT&T may, at any time, with notice by e-mail or other
means of communication, change the amount of or basis for determining any fee
or charge or institute new fees or charges for any subscription Services. All fees and charges are payable in accordance
with billing terms in effect at the time the fee or charge becomes payable.
Services
are available to residential and small business customers. Services cannot be resold to others and they
cannot be made available to anyone outside of family members in the same
household for residential customer or anyone outside a single small business
location for small business customers.
Services you purchase are based on specified prices and you are
responsible for all applicable taxes based on the location and Services
performed.
If you are
an individual, you must be an adult of at least 18 years of age to purchase any
Service and by requesting the Service, you confirm you are an adult of at least
18 years of age. If you are a business entity, 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. You are also confirming that these TOS constitute a valid and binding
obligation on you.
All
information that you provide to AT&T must be accurate, including your name,
address, credit or credit or charge card numbers, expiration dates or any other
Service payment information required by AT&T. You further represent that you
are authorized to bill the charges to the credit card or, if applicable, the
U-verse bill or local telephone bill at the billing address that you provide
AT&T.
You also represent
that you are a legal license holder of any software on any computers for which
you order Service. AT&T will not
assist you if you are not the legal license holder. You further represent that you are the owner
of any hardware, network devices, or other equipment you request AT&T to
assist you with in association with any Services.
This
Service will be subject to AT&T's privacy policies. If AT&T works with
you on any password or other access control oriented problems, AT&T
strongly recommends that you reset such passwords(s) immediately following the
completion of the Service. See the following link for information: http://www.att.com/gen/privacy-policy?pid=2506
YOUR PURCHASE
AND USE OF ANY SERVICE, THE SITE, AND ANY INFORMATION ON THE SITE IS AT YOUR
OWN RISK.
EXCEPT AS
EXPRESSLY STATED IN THESE TOS, AT&T MAKES NO WARRANTY THAT (i) ANY SERVICE
AND/OR SITE WILL MEET YOUR REQUIREMENTS, (ii) ANY SERVICE AND/OR SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF ANY SERVICE AND/OR SITE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH A SERVICE AND/OR SITE WILL MEET YOUR EXPECTATIONS,
AND ANY ERRORS IN A SERVICE AND/OR SITE WILL BE CORRECTED.
AT&T
DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND
ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL CODE. IF YOUR USE OF A
SERVICE OR THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR
DATA, AT&T IS NOT RESPONSIBLE FOR THOSE COSTS.
NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR
THROUGH OR FROM THE SERVICE AND/OR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TOS.
EXCEPT AS MAY BE OTHERWISE SPECIFICALLY PROVIDED IN THESE TOS, THE SERVICES AND
THE SITE, AND ANY PARTS ARE PROVIDED "AS IS" AND "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET
ENJOYMENT, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
IT IS YOUR RESPONSIBILITY TO BACK UP
ALL SOFTWARE AND DATA ON YOUR COMPUTER'S HARD DRIVE(S) AND/OR ANY OTHER STORAGE
DEVICES PRIOR TO EVERY APPOINTMENT. AT&T AND/OR ITS THIRD-PARTY SERVICE
PROVIDER SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION, OR
CORRUPTION OF ANY SOFTWARE, DATA, OR FILES.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT AT&T AND ITS DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS, AS WELL AS ANY AT&T PARENT, AFFILIATE, OR SUBSIDIARY
COMPANY, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LOSS OF DATA, LOSS OF USE, GOODWILL OR OTHER TANGIBLE INTANGIBLE
LOSSES (EVEN IF AT&T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
ARISING OUT OF (A) THE USE OF THE SERVICES, (B) THE CONTENT ON THE SITE, (C)
WEB SITES LINKED TO THIS SITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED
THEREIN (D) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE
INFORMATION WITHIN OR CONTENT OF, THE SITE OR OTHERWISE PROVIDED IN CONNECTION
WITH THE SERVICES, AND/OR (E) THE INABILITY TO USE SERVICES, INCLUDING BUT NOT
LIMITED TO THE SITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT
NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE
TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING
OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
AT&T'S
TOTAL LIABILITY ARISING OUT OF THE SERVICES, OR FROM AT&T'S NEGLIGENCE OR
OTHER ACTS OR OMISSIONS, IF ANY, SHALL BE, AT AT&T'S SOLE DISCRETION AND
OPTION, TO (a) REPERFORM THE SERVICES, OR (b) REFUND THE CHARGES AND FEES PAID
FOR THE SERVICE GIVING RISE TO CLAIM, IF ANY. THE REMEDIES FOR A FAILURE OR
BREACH OF SUCH LIMITED WARRANTY ARE EXCLUSIVE AND YOU AGREE THAT UNDER NO
CIRCUMSTANCE WILL AT&T BE LIABLE TO YOU FOR ANY MORE THAN THE PER-INCIDENT
SERVICE FEE FOR THE EVENT GIVING RISE TO THE CLAIM OR ONE MONTHS SUBSCRIPTION
FEE.
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 MAY NOT APPLY TO YOU. THE PROVISIONS
OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
You agree
to indemnify, hold harmless and release AT&T, its parent, affiliate and
subsidiary companies and their directors, officers, employees and agents, from
and against any and all liabilities, claims, damages, costs and expenses,
including reasonable attorney's fees, arising from or related to your purchase of
any Service and/or the Site.
IX. CHOICE OF LAW;
JURISDICTION
These TOS
and the relationship between you and AT&T will be governed by the laws of
the State of
These TOS,
and any other policies or guidelines referenced herein, constitute the entire
agreement between AT&T and you in connection with a Service. These TOS
govern your use of any subscription Service, superseding any prior agreements
between you and AT&T with respect to the subject matter of these TOS. If
any provision of these TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of these TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or these TOS must be filed
within one (1) year after such claim or cause of action arose or be forever
barred. The failure of AT&T to exercise or enforce any right or provision
of these TOS will not constitute a waiver of such right or provision. If you
violate these TOS, AT&T may in its sole discretion and without notice
terminate or suspend your access and use of any subscription Services or
cancelling any Services ordered but not already provided. You agree that
AT&T shall not be liable to you or any third party for any termination of
your access to any subscription Service or cancelling any Services ordered but
not already provided
Subsidiaries and affiliates of AT&T Inc. provide
products and services under the AT&T brand. AT&T, the AT&T logo and
all other AT&T marks contained herein are trademarks of AT&T
Intellectual Property and/or AT&T affiliated companies. All other
trademarks are the property of their respective owners. 2008 AT&T
Intellectual Property. All rights reserved.
AT&T ConnecTech Services available for residential customers only. Not available in all
areas. All offers are limited time offers, hardware and software limitations may apply, and service-specific terms and conditions apply.
All trademarks are the property of their respective owners.
[1] Your AT&T telephone company is one of
the following, depending on the state where service is provided: Southwestern
Bell Telephone Company (in AR, KS, MO, OK, and TX), Pacific Bell Telephone
Company (in CA), 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 (in CT), or BellSouth Telecommunications, Inc. (in AL,
FL, GA, KY, LA, MS, NC, SC, and TN).