$100, or (ii) the actual cost to repair, replace or install the Standard Inside Wire and Covered Components (except
to the extent additional monetary remedies are provided for in the Dispute Resolution by Binding Arbitration
provision below). Neither we nor any of our affiliated companies, nor any of our or their officers, directors,
employees, or agents will be responsible or liable for defacement or damage to customer premises occasioned by
drilling of holes, or in the attachment and removal of wiring and equipment with standard screws, staples, hooks,
fasteners and adhesives when performed in a workmanlike manner.
NEITHER WE NOR ANY OF OUR AFFILIATED COMPANIES, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS WILL BE LIABLE UNDER ANY CIRCUMSTANCES FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS DIRECTLY OR INDIRECTLY ARISING FROM THE
PERFORMANCE OR NONPERFORMANCE OF SERVICES COVERED UNDER THE IWP/HWP PLAN. IN ADDITION,
NEITHER WE NOR ANY OF OUR AFFILIATED COMPANIES, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS WILL BE LIABLE UNDER ANY CIRCUMSTANCES FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS FOR THE MALFUNCTIONING OR NON-FUNCTIONING
OF ANY APPARATUS CONNECTED TO YOUR INSIDE WIRE, SUCH AS AUTOMATIC DIALERS, FIRE AND BURGLAR
ALARMS, METERS, SENSORS, ANSWERING DEVICES, TELEVISIONS, PERSONAL COMPUTERS, AND TELEPHONES.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OR
EXCLUSIONS IN THE SECTIONS ABOVE ENTITLED “LIMITED WARRANTY” AND “LIMITATION AND EXCLUSION OF
LIABILITY” MAY NOT APPLY TO YOU.
DISPUTE RESOLUTION WITH AT&T BY BINDING ARBITRATION. PLEASE READ THIS CAREFULLY. IT
AFFECTS YOUR RIGHTS.
All disagreements and disputes between you and AT&T, of every kind, if not resolved by negotiations, shall be
resolved by arbitration.
Summary of Arbitration Agreement (which is set forth below in detail):
Most customer concerns can be re-
solved quickly and to the customer’s satisfaction by calling AT&T’s customer service center.
In the unlikely event
that AT&T’s customer service center is unable to resolve a complaint you may have to your satisfaction
(or if we have not been able to resolve a dispute we have with you after attempting to do so informally),
we each agree to resolve those disputes through binding arbitration or small claims court instead of in
courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited
review by courts. Arbitrators can award the same damages and relief that a court can award.
Any arbitration
under this Agreement will take place on an individual basis; class arbitrations and class actions are
not permitted.
For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration.
Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you
would be in court. In addition, under certain circumstances (as explained below), we will pay you more than the
amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if
the arbitrator awards you an amount that is greater than what we have offered you to settle the dispute.
Arbitration Agreement:
a)
We and you agree to arbitrate
all disputes and claims
between us. This agreement to arbitrate is intended to
be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract,
tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior Agreement (including, but not limited to, claims relating to
advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member
of a certified class; and
• claims that may arise after the termination of this Agreement.
In this Arbitration Agreement, references to “we,” “us,” “our,” “you,” and “your” include our respective subsidiaries,
affiliates, agents, officers, employees, predecessors in interest, successors and assigns, as well as all authorized
or unauthorized users or beneficiaries of services or equipment under this or prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration
agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such
agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into this agreement,
you and we are each waiving the right to a trial by jury and to participate in a class action.
This Agreement
evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation
and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
b)
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute
(“Notice”). The Notice to us should be addressed to: Office for Dispute Resolution, AT&T, 1025 Lenox Park Blvd.,
41
Home Wiring Protection
