AT&T Terms of Use for AT&T Business Console and FirstNet Apps & Solutions Store
1. INTRODUCTION
Welcome to this Internet site, which is operated by subsidiaries and affiliates of AT&T Inc. ("AT&T", "we", "our" and
"us"). These Terms of Use govern your use of any AT&T online marketplace for apps and solutions, including, but not
limited to, AT&T Business Console and the FirstNet Apps & Solutions Store, that enable an enrolled customer’s
authorized administrator(s) to (i) enroll, manage and deploy the customer’s AT&T mobility devices with mobile device
management and network restriction features; and/or (ii) view a marketplace where the administrator can purchase and
manage mobile application licenses.
The term "you" or "your" can refer to an individual or to an entity, in which case “you” includes any of your subsidiaries,
affiliates, employees, agents and users.
PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using our Site in any way you are agreeing
to comply with these Terms of Use, including any documents, policies and guidelines incorporated by reference
(referred to collectively as the "Terms"). Certain services available through this Site, especially services for which you
are asked to subscribe or pay money, have their own terms and conditions that apply to your purchase or use of that
particular service. The Terms do not alter in any way the terms or conditions of any of these other written or online
terms and conditions or agreements you may have or will have with AT&T, including any other website terms of use
with an AT&T affiliate. To the extent that there is any conflict between these Terms and any terms and conditions or
agreements relating to services you have purchased or online tools you use or to which you subscribe, those other
terms and conditions or agreements will govern.
IF YOU ARE AN INDIVIDUAL USING THIS SITE:
Your order or request for any app or solution may require you to
accept a licensing agreement and other general terms and conditions, which may be sent to you via a text or an email.
If you do not promptly accept these terms and conditions, AT&T will not complete your order and you will be denied
access to the requested app or solution.
2. AUTHORITY
By using our Site, you represent that you are at least 18 years old and are fully able and competent to enter into the
terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site.
3. CHANGES TO THE TERMS OR SITE
AT&T may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the
Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after
any changes in these Terms shall constitute your consent to such changes. AT&T reserves the right to change, modify
or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on
the Site, at any time without notice. You agree that AT&T shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Site (or any portion thereof).
4. REGISTRATION, PASSWORD AND SECURITY
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete
information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If
you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue,
inaccurate, not current or incomplete, AT&T may without notice suspend or terminate your access to our Site and refuse
any and all current or future use of our Site (or any portion thereof).
If any portion of our Site requires you to register or open an account, you may also be asked to choose a password
and a user name. Please select a password that would not be obvious to someone trying to guess your password, and
change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and
account, and you are fully responsible for all activities that occur under your password or account identification. You
agree immediately to notify AT&T of any unauthorized use of your password or account or any other breach of security.
Without limiting any rights which AT&T may otherwise have, AT&T reserves the right to take any and all action, as it
deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation
terminating your account, changing your password, or requesting additional information to authorize transactions on
your account. Notwithstanding the above, AT&T may rely on the authority of anyone accessing your account or using
your password and in no event and under no circumstances shall AT&T be held liable to you for any liabilities or
damages resulting from or arising out of (i) any action or inaction of AT&T under this provision, (ii) any compromise of
the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your
password. You may not use anyone else's account at any time, without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as "perfect
security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying
information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable
to all security breaches, and that AT&T makes no warranty, guarantee, or representation that use of any of our Site is
protected from viruses, security threats or other vulnerabilities.
5. PRIVACY POLICY
Please view our Privacy Policy, which explains AT&T´s practices relating to the collection and use of your information
through or in connection with our Site. AT&T´s use of your information is governed at all times by our Privacy Policy,
which is incorporated into these Terms. You understand that through your use of the Site you consent to the collection
and use of this information (as set forth in the Privacy Policy).
6. COPYRIGHT AND AUTHORIZATION
The Site provides you access to a variety of information, services, products, data and materials ("Content"). Some of
the Content is owned by AT&T Intellectual Property II., L.P. d/b/a AT&T Intellectual Property and/or its affiliates. Other
portions are owned by non-AT&T companies or third parties such as suppliers, vendors, and licensors.
Some portions of the site may require you to download software ("Software") in order that you may access the Site, the
services provided through the Site and/or the Content. The Software may be the property of AT&T or a supplier, vendor,
or licensor to AT&T. The Content and Software are protected by a variety of laws governing the use of copyrights,
trademarks, patents, or trade secrets. Subject to the rules and limitations set forth in the Terms, you are granted a
limited, non-sublicensable right to access the Site, the Content and the Software for your internal business purposes
only, except as otherwise expressly permitted. Without limiting the generality of the foregoing, no Software or underlying
information or technology may be downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran,
Sudan, Syria or any other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity
identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities)
or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports. By downloading
or using the Software or underlying information or technology, 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 such country or on any such list.
7. COPYRIGHT COMPLAINTS
AT&T respects the intellectual property rights of others. If you believe that your work has been copied and has been
posted, stored or transmitted to the Site in a way that constitutes copyright infringement, please submit a notification
pursuant to the Digital Millennium Copyright Act ("DMCA") by providing AT&T´s Copyright Agent the following written
information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A specific description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's behalf.
AT&T's Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Manager of Security & Copyright Infringement
1800 Perimeter Park Drive, Suite 100
Morrisville, NC 27560
Phone: (919) 319-5737
Fax: (919) 319-8154
E-mail:
copyright@att.com
For more information about AT&T´s copyright protection practices under the DMCA and for information on how to
contact AT&T´s DMCA agent, please refer to www.att.net/legal/copyright.
8. TRADEMARKS AND SERVICE MARKS
Trademarks (including but not limited to AT&T and the Globe Logo) that are used or displayed on the Site are owned
by AT&T Intellectual Property or by third parties other than AT&T that offer and provide products and services on or
through the Site. The trademarks of AT&T Intellectual Property may not be copied or used, in whole, partial or modified
form, without the prior written permission of AT&T Intellectual Property or, if applicable, its licensor. In addition, AT&T
custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or
other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior
written permission of AT&T Intellectual Property. Other trademarks, service marks, registered trademarks, product and
service names, and company names or logos that appear on the Site are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by AT&T. You may not use any meta tags or any other
"hidden text" utilizing an AT&T name, trademark, or product name without AT&T´s express written consent. The
BLUETOOTH® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such
marks by AT&T is under license. Other trademarks and trade names are those of their respective owners.
9. THIRD-PARTY PRODUCTS AND SERVICES
Parties other than AT&T may offer and provide products and services on or through the Site. Except for AT&T branded
information, products or services that are identified as being supplied by AT&T, AT&T does not operate, control, or
endorse any information, products, or services on the Site or accessible through the Site in any way. AT&T is not
responsible for examining or evaluating, and AT&T does not warrant the offerings of, any of these businesses or
individuals or the content of their websites. AT&T does not assume any responsibility or liability for the actions, product,
and content of these or any other third parties. You should carefully review their privacy statements and other conditions
of use.
The Site may contain links to other websites not operated by AT&T. The links are provided for your convenience. The
inclusion of any links to other websites does not imply affiliation, endorsement or adoption by AT&T of those websites
or the contents therein. We are not responsible for the contents, links or privacy of any linked website. Access to any
other websites linked to the Site is at your own risk. When leaving the Site, you should carefully review the applicable
terms and policies, including privacy and data gathering practices, of that third-party website.
IMPORTANT NOTICE TO FIRSTNET SUBSCRIBERS: FirstNet subscribers using this Site to access “certified” or
“reviewed” apps and solutions from the FirstNet Apps & Solutions Store acknowledge and agree that any such review
or certification has been conducted by AT&T pursuant to guidelines established by the First Responder Network
Authority.
10. PRODUCT AND SERVICE INFORMATION
AT&T does not warrant that information, graphic depictions, product and service descriptions or other content of the
Site is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a
product or service offered on the Site may be inaccurate or the product or service description may contain an
inaccuracy. In the event AT&T determines that a product or service contains an inaccurate price or description, AT&T
reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error,
including without limitation canceling your order, unless prohibited by law. AT&T may make improvements or changes
to any of its content, information products, services, or programs described on the Site at any time without notice. You
agree to notify AT&T immediately if you become aware of any pricing or descriptive errors or inconsistencies with any
products or services you order through the Site and comply with any corrective action taken by AT&T.
11. ONLINE ORDERS
In order to protect AT&T and its customers from fraudulent activity, we may implement reasonable procedures regarding
any online orders including but not limited to validating information provided or limiting the amount of equipment (e.g.
wireless phones) and/or services that may be ordered online by a single individual or entity. AT&T reserves the right to
further limit quantities or to cancel or reject orders in its sole discretion.
12. SUBMISSIONS TO AT&T
You agree not to propose, post or submit to AT&T ideas, concepts, copy, proposals, inventions, methods or techniques
for new or proposed services or products (collectively referred to as "Submitted Material ") through the Site. In the event
you do so, you hereby grant to AT&T a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free
license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You
also grant to AT&T the right, at its sole discretion, to use your name in connection with the Submitted Materials and
other information as well as in connection with all advertising, marketing and promotional material related to such
material and information. Use of such Submitted Material shall not require permission from or payment to you or to any
other person or entity. You agree that AT&T is not under any obligation of confidentiality, express or implied, with
respect to the Submitted Material. You agree that you shall have no recourse against AT&T for any alleged or actual
infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted
Material to AT&T, including the posting of materials to any forum or interactive area on the Site, irrevocably waives any
and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to
the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material
you supply does not violate these Terms and will not cause injury to any person or entity.
13. ACCEPTABLE USE
You agree to use our Site and the Content (whether provided by us or others), as well as any Software provided in
connection with the Site, in a manner consistent with all applicable laws and regulations. Additionally, you will not take
any of the following actions with respect to our Site, related Software, or Content, nor will you use our Site or related
Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Site
in any manner that:
1. is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously
violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or
otherwise offensive, hateful or abusive;
2. infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;
3. removes any proprietary notices or labels on the Content;
4. advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law
or the rights of any third party;
5. is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person
or entity or misrepresents an affiliation with a person or entity;
6. specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
7. constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other
unsolicited commercial or non-commercial communication;
8. interferes with others using the Site;
9. is off-topic according to the description of the group, forum or webpage;
10. contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files,
or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any
software, hardware, network, server or communications systems or equipment;
11. contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
12. disrupts, interferes or inhibits any other user from enjoying the Site or other affiliated or linked websites, material,
contents, products and/or services.
13. uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated
dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the
Site, products and/or services;
14. creates a false identity for the purpose of misleading others;
15. prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for
any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to
any third party;
16. uses any AT&T domain name as a pseudonymous return email address;
17. contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those
areas specifically designated for such purpose (e.g., classified bulletin board);
18. provides material support or resources (or conceals or disguises the nature, location, source, or ownership of
material support or resources) to any organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
19. attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or
other security related tools incorporated into the software or any Content or the Site;
20. reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the
Site or Content, use of the Site, or access to the Site;
21. publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on
any computer network or broadcast or publications media;
22. systematically collects and uses any Content including the use of any data mining, or similar data gathering and
extraction methods;
23. makes derivative uses of the Site or the Content;
24. uses, frames, or utilizes framing techniques to enclose any portion of the Site (including the images found at
the Site or any text or the layout/design of any page or form contained on a page); and/or
25. modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the
source code for the computer systems and other technology that operate our Site. For purposes of these Terms,
"reverse engineering" shall include the examination or analysis of the Site to determine the source code,
structure, organization, internal design, algorithms or encryption devices of our Site's underlying technology.
14. SITE SECURITY
Violating the security of our Site is prohibited and may result in criminal and civil liability. AT&T may investigate incidents
involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.
Examples of security violations include, without limitation, unauthorized access to or use of data or systems including
any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures,
unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without
limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging
any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases
or anonymous remailers, and using manual or electronic means to avoid any use limitations.
15. GEOGRAPHICAL RESTRICTIONS
Unless expressly and specifically stated otherwise on the Site, AT&T provides this Site for use only by persons located
within the United States and its territories. AT&T makes no representation that all products, services and/or material
described on the Site are appropriate or available for use in locations outside the United States or all territories within
the United States. Those who choose to access our Site from other locations do so on their own initiative and are
responsible for compliance with local laws. Certain companies affiliated with AT&T provide services and operate
websites in various other countries throughout the world, some of which websites may be linked to from our Site. Any
such International websites will be governed by their own terms of use and privacy policies and not by these Terms.
16. GENERAL PRACTICE REGARDING USE AND STORAGE
You acknowledge that AT&T may establish general practices and limits concerning use of the Site, including without
limitation the maximum number of days that email messages, message board postings or other uploaded Content will
be retained by the Site, the maximum number of email messages that may be sent from or received by an account on
the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the
maximum disk space that will be allotted on AT&T´s servers on your behalf, and the maximum number of times (and
the maximum duration for which) you may access the Site in a given period of time. Your use of this Site constitutes
your consent to allow AT&T to store electronic communications on its servers. You agree that AT&T has no
responsibility or liability for the deletion or failure to store any messages and other communications or other content
maintained or transmitted by the Site. You acknowledge that AT&T reserves the right to terminate accounts that are
inactive for an extended period of time. You further acknowledge that AT&T reserves the right to modify these general
practices and limits from time to time.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE,
ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK.
OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE SITE
AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AT&T
AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR
RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS
MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY
NOT APPLY TO YOU.
2. AT&T AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR
RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY
THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT
AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS,
TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE
PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM
UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR
RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR
EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR
SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR
SITE OR OUR SOFTWARE.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR
THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION
RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL,
BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
18. ENFORCEMENT
AT&T reserves the right but does not assume the obligation to strictly enforce these Terms, including without limitation
by issuing warnings, suspension, or termination of access to the Site and/or services, and/or by removing, screening,
or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other
appropriate venue.
AT&T may access, use, and disclose transaction information and any Content provided by you to comply with the law
(e.g., a lawful subpoena) or based on AT&T´s reasonable judgment that disclosure is necessary, or to enforce or apply
our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property,
or to protect users of AT&T´s services, the Site and other persons or entities from fraudulent, abusive, or unlawful use
of the Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY
RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS
OF THESE TERMS BY YOU.
19. LIMITATION OF LIABILITY
IN NO EVENT SHALL AT&T, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS,
SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN
ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT,
MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, OR (ii)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE
CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE
THROUGH THE SITE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE
MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS
FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR
OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS
BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF
AT&T OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES
IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY
MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AT&T UNDER SUCH
CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED
ONE HUNDRED DOLLARS ($100).
20. INDEMNIFICATION
To the fullest extent permissible under law, you agree to indemnify, defend and hold harmless AT&T and its underlying
content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers,
agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys'
fees, made by any third-party due to or arising out of Submitted Material or any other content you submit, post or upload
to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your
violation of any law or the rights of another. These obligations will survive any termination of your relationship with
AT&T or your use of our Site. AT&T reserves the right to assume the defense and control of any matter subject to
indemnification by you, in which event you will cooperate with AT&T in asserting any available defenses.
21. TERMINATION/SUSPENSION
You agree that AT&T may immediately terminate or suspend your account, any associated email address, and access
to all or any part of the Site or change your password without notice. Cause for such termination, suspension or change
shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Site (or any part thereof,) (e) unexpected technical or
security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal
activities. Termination of your account includes (or, if AT&T elects instead to suspend your account, may include any
one or more of the following) (a) removal of access to all offerings within the Site, (b) deletion of your password and all
related information, files and other content associated with or inside your account (or any part thereof) and (c) barring
of further use of the Site. You agree that all terminations and suspensions for cause shall be made in AT&T´s sole
discretion and that AT&T shall not be liable to you or any third party for any termination or suspension of your account,
loss of storage, any associated email address, or access to the Site. Further, AT&T reserves the right, to immediately
terminate or suspend your account, any associated email address, and access to the Site at any time for any reason
and without notice to you in its sole discretion.
22. iOS USERS
If you use the Site to store information used to apply for an Apple Push Certificate from Apple, Inc. for iOS devices,
AT&T will not use that information for any purpose other than to facilitate your application(s) for such certificates.
24. MISCELLANEOUS
AT&T´s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or
provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining
provisions. These Terms shall be governed and construed in accordance with the laws of the State of Texas applicable
to agreements made and to be performed in Texas. You agree that any legal action or proceeding between AT&T and
you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in Texas. Neither the course of conduct and/or course of dealing
between the parties nor trade practice shall act to modify any provision of this Agreement. AT&T may assign its rights
and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these
Terms are not assignable by you without written consent of AT&T. These Terms do not provide any third party with a
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