for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration
provision are for the court to decide. Unless AT&T and you agree otherwise, any arbitration hearings will
take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree
that you may choose whether the arbitration will be conducted solely on the basis of documents
submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by
the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA
Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a
reasoned written decision sufficient to explain the essential findings and conclusions on which the
award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration and
arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however,
the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous
or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case,
you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation
to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than
$75,000 in damages, the payment of these fees will be governed by the AAA rules.
d. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an
award that is greater than the value of AT&T’s last written settlement offer made before an arbitrator
was selected, then AT&T will:
• pay you the amount of the award or $10,000 (“the alternative payment”), whichever is
greater; and
• pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any
expenses (including expert witness fees and costs) that your attorney reasonably
accrues for investigating, preparing, and pursuing your claim in arbitration (“the
attorney premium”).
If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you and your
attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if
the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes
as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney
premium at any time during the proceeding and upon request from either party made within fourteen
(14) days of the arbitrator's ruling on the merits.
e. The right to attorneys’ fees and expenses discussed in paragraph (d) supplements any right to
attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a
larger amount under the applicable law, this provision does not preclude the arbitrator from awarding
you that amount. However, you may not recover duplicative awards of attorneys' fees or costs.
Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it
prevails in an arbitration, AT&T agrees that it will not seek such an award.
f. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking
relief and only to the extent necessary to provide relief warranted by that party's individual claim.
YOU
AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR
ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and AT&T agree otherwise, the
arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any
form of a representative or class proceeding. If this specific provision is found to be unenforceable, then
the entirety of this arbitration provision shall be null and void.
g. Notwithstanding any provision in this Agreement to the contrary, we agree that if AT&T makes any
future change to this arbitration provision (other than a change to the Notice Address) during the
period of time that you are receiving Services, you may reject any such change by sending us written
notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any
future change, you are agreeing that you will arbitrate any dispute between us in accordance with the
language of this provision.
12. SOFTWARE
The Services use and include certain software and/or firmware (the “Software”). Some Software resides on
the Equipment.
End User License Agreement.
If you downloaded or installed Software, your use of that Software is subject to
the End User License Agreement that accompanied that Software. With regard to any Software (including
12
Terms of Service
