These Terms were last modified and effective as of November 26, 2012.
AT&T Alerts (the “Service”) is a personalized service for AT&T Wireless customers. This opt-in service uses a consumer’s preferences and personalized data to help them save time and money by receiving contextual offers and information when and where they need them most. The AT&T Alerts location-based program provides unique, relevant, and targeted deals, offers, and content direct to consumer’s mobile devices via SMS/MMS, HTML mobile enabled site and/or email.
This location-based program provides targeted messages from Participating Advertisers (defined below) when subscribers opt-in to receive SMS and/or email messages from Participating Advertisers and are near a specific location within a defined geographical boundary.
By electing to opt-in as a registered subscriber of the Service, you consent to receiving, from time to time, SMS text and/or email messages from Participating Advertisers subject to these Terms of Service and Use Agreement ("Terms"). We encourage you to carefully read these Terms prior to completing your registration or using the Service.
There is no cost associated with sending and receiving messages from AT&T Alerts. Data and message costs may apply if you interact with and/or forward text messages outside of sending or receiving text messages from or to AT&T Alerts.
The Service is intended only for personal, individual use and should not be used (i) while driving or operating vehicles (ii) in connection with any hazardous environments requiring fail-safe performance, or (iii) with any application where the failure or inaccuracy of the application or the Service could lead directly to death, personal injury or property damage. The Service is not suited or intended for any type of business or commercial use or any consumer use other than location-based marketing.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
AT&T Mobility LLC ("AT&T", "we", "us" or "our") will provide you ("you" or "your") the Service subject these Terms. To use the Service, you must first agree to and accept these Terms. Your decision to opt-in and register to use the Service shall constitute your agreement to these Terms and your obligation to comply with the requirements and obligations set forth herein. Your use of the Service is, at all times, subject to all of these Terms.
By registering for and using the Service you are representing that you are of legal age (18 years and over) and competent to enter into a binding agreement with AT&T, and are not otherwise prohibited from using or receiving the Service pursuant to the laws of the jurisdiction from which you are accessing or using the Service. If you are not able to make the representations in the preceding sentence you are prohibited from using the Service; however, any unauthorized use of the Service by you shall be subject to these Terms until such unauthorized use has been terminated.
We recommend that you retain a copy of these Terms in either electronic or tangible format for your subsequent reference. If you would like a printed copy of these Terms, it is your responsibility to print a copy.
2. CHANGES TO THESE TERMS
We may periodically modify and supplement these Terms. All amended Terms become effective upon our posting of the amended Terms at alerts.att.com (the "Portal"). We will notify you via text message and/or email to view the amended Terms, and any use of the Service after such revisions have been posted signifies your consent and agreement to the modified Terms.
3. YOUR REGISTRATION AND OUR PROVISION OF THE SERVICE
The Service will allow subscribers who voluntarily opt-in and register to receive SMS and MMS text-based and/or email communications with related contact information (collectively, "Service Communications") from certain participating advertisers (each, a "Participating Advertiser"). The location-based program triggers Alerts when the subscribers are near a specific geographic location. To receive the Services, you must register at the AT&T Alerts Portal at alerts.att.com or via SMS text message by sending the word "JOIN" to the short code ATTALERTS (288253787) ("Registration"). You agree that the information you provide to us upon Registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. For example, you should notify us if your mobile device number changes.
Upon our receipt and acceptance of your Registration, you will receive an auto-reply SMS text message and/or email confirming your Registration together with a request to opt-in to receive Service Communications. You will not receive any Service Communications concerning any Participating Advertisers or AT&T unless you affirmatively opt-in to receive such Service Communications.
By agreeing to these Terms and joining the Service, you acknowledge and understand that AT&T is compensated by all Participating Advertisers in connection with the provision of the Service.
From time to time and without prior notice to you, we may change, expand, and improve the Service. We may also, at any time, cease to operate part or all of the Service or selectively disable certain aspects of the Service, which may include the removal or addition of any Participating Advertisers or the elimination or discontinuance of any incentives or promotional offers associated with the Service. Any modification or elimination regarding the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Service does not entitle you to the continued provision or availability of the Service. If you object to any such changes, your sole recourse shall be to cease using the Service. Continued use of the Service following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Service as so modified.
4. YOUR USE OF THE SERVICE
To use the Service, you must maintain an active account with AT&T Wireless. AT&T does not warrant that the Service will be compatible with your mobile device.
AT&T hereby grants you a personal, non-exclusive, non-transferable, revocable license to use the Service.
Unless expressly noted, the Service is offered by AT&T without charge to you. Messages to and from the Service do not incur any charges or fees. However, interacting with the Service may incur data charges in accordance with your personal subscription package with AT&T, such as (including but not limited to) clicking on a link contained within a message. You agree to pay all fees and amounts charged by AT&T in connection with your use of and/or interaction with the Service, and you acknowledge and agree that all such amounts depend on your personal subscription package with AT&T.
By enrolling in the Service you are agreeing to receive up to 3 unique messages per day. The frequency and type of messages can be customized by updating your account profile at alerts.att.com.
At no time will AT&T solicit any type of payment, such as a bank account number or credit card information, from you via SMS text messaging and/or email messaging.
By using the Service, you agree that you will not use the Service for any unlawful purpose or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control. You further agree that that you will not attempt, or authorize, encourage, or support others' attempts, to circumvent, reverse engineer, decrypt, break, or otherwise alter or interfere with the Service. You agree to advise AT&T promptly of any such unauthorized use(s) or attempt(s). You acknowledge and agree that the Service is for your personal, non-commercial use only. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Service or any Service Communications or portion thereof. AT&T is not liable for any claims, actions, damages, or other liability incurred as a result of any unauthorized use of the Service, and you agree to be fully liable for any such unauthorized access.
METHOD TO OPT-OUT: You are under no obligation to use or continue to use the Service and may temporarily or permanently cease using the Service or cancel your Registration without prior notice to AT&T. To instantly stop receiving Service Communications, send a SMS text message to us at ATTALERTS and text the word "STOP", “QUIT”, “END”, “CANCEL”, OR “UNSUBSCRIBE”. You may also quit and opt-out of the Service by visiting your AT&T Alerts profile homepage at alerts.att.com. Following your submission of any Service Registration cancellation, you will receive an auto-reply SMS text message and/or email communication from us confirming such cancellation.
5. INTELLECTUAL PROPERTY NOTICE
Any and all intellectual property rights associated with the Service, including any design, text, graphics, pictures, applications, software, music, sound, and other files related thereto, including, without limitation, the marks in "AT&TAlerts" and the AT&T company names and logos and all related products and service names, design marks and slogans, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (collectively, the "Intellectual Property"), are the sole property of AT&T, its affiliates, or third parties. Except as expressly and unambiguously provided herein, you do not possess, and AT&T does not grant to you, any express or implied rights to any Intellectual Property and all such rights are retained by the owners of the marks. You shall be solely liable for any damages resulting from your infringement of copyright, trademark, or other proprietary rights, or any and all harm resulting from your use of or access to the Service.
7. THIRD PARTY MESSAGES, OFFERS AND PROMOTIONS
All content contained in the Service Communications is created and provided by applicable Participating Advertisers. We do not investigate, confirm, or endorse the accuracy, legality, legitimacy, validity, or reliability of any content in such Service Communications, including, without limitation, any of the products, services, offers, deals, coupons or other promotional materials or representations contained or referenced therein, or otherwise communicated to you or accessed by you. The websites or other sites to which you may link or be directed to from the Service Communications are owned by Participating Advertisers or other third parties, not AT&T. It is your responsibility to monitor when you have accessed a link to a website or other site that is not part of the Service Communication and AT&T does not undertake any obligation to expressly notify you when you are linking to a website or other site belonging to a Participating Advertiser or other third party.
AT&T makes no representations or warranties whatsoever concerning (1) any Participating Advertiser, (2) any products or services advertised or sold by any Participating Advertiser (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (3) any offers, deals, coupons, or other promotional materials or representations contained or referenced in any Service Communication. Any commercial, sales, use, membership, subscription, affiliation, participation, or promotional relationship you may create with any Participating Advertiser, including obligations undertaken by you with respect to payment and delivery of related goods or services, and any other terms, conditions, and warranties, or representations associated with such dealings, are solely between you and such Participating Advertiser.
You hereby acknowledge and agree that any coupons, certificates, or other promotional offers (each, an " Offer ") contained in any Service Communication shall be subject to the applicable laws and regulations of your jurisdiction of residence and the terms, conditions, and restrictions associated with such Offers, including, without limitation, all restrictions relating to the reproduction, duplication, sale, or other transfer of such Offers.
8. WARRANTY DISCLAIMER
Any use of the Service or reliance upon any Service Communication shall be at your sole risk. AT&T disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Service Communication and any information contained therein.
THE SERVICE (INCLUDING ALL SERVICE COMMUNICATIONS ACCESSIBLE THEREBY) IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AT&T DISCLAIMS, ON ITS BEHALF AND ON BEHALF OF ITS AFFILIATES, SUPPLIERS AND VENDORS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SERVICE AND ALL SERVICE COMMUNICATIONS. AT&T DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICE WILL BE UNINTERRUPTED. You acknowledge and agree that the availability of SMS or MMS text messaging and e-mail messaging, and your ability to use the Service is on an "AS IS" and "AS AVAILABLE" basis. You acknowledge that delivery of SMS or MMS messages and e-mail messages is not guaranteed. In the event any communication fails to be delivered due to, but not limited to, mobile network failure or non-compatibility of your phone model with the Service, you acknowledge and agree that AT&T and its affiliates shall not be liable for any loss or damage. In addition and without LIMITATION, in no event will AT&T or any of its affiliates be liable for any error by you in using the Service, including submission of a message to an incorrect number or short code.
AT&T DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES OBTAINED THROUGH OR ADVERTISED BY OR THROUGH THE SERVICE AND/OR ANY SERVICE COMMUNICATIONS.
NEITHER AT&T NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE SERVICE, (2) THE NATURE, CONTENT, OR ACCURACY OF ANY SERVICE COMMUNICATION OR ANY INFORMATION OR OFFERS CONTAINED IN, DISTRIBUTED THROUGH OR LINKED, DOWNLOADED, OR ACCESSED FROM THE SERVICE OR ANY SERVICE COMMUNICATION, OR (3) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION, MATERIAL OR OFFER COMMUNICATED IN OR THROUGH THE SERVICE OR ANY SERVICE COMMUNICATION.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION THAT MAY NOT BE LIMITED BY THESE TERMS; PROVIDED HOWEVER, YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL AT&T OR ITS AFFILIATES, SUPPLIERS, OR VENDORS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE SERVICE OR ANY SERVICE COMMUNICATION FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF AT&T (OR ITS AFFILIATES, SUPPLIERS, OR VENDORS) IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (1) THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICE, (2) RELIANCE UPON OR PERFORMANCE OF ANY INFORMATION, MATERIAL, OR OFFER CONTAINED IN OR ACCESSED FROM THE SERVICE OR ANY SERVICE COMMUNICATION; OR (3) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF A SERVICE COMMUNICATION OR OTHER INFORMATION, MATERIAL, OR OFFER IN OR THROUGH THE SERVICE.
THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR IF IT IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us and, as applicable, our parent, subsidiaries, affiliates, vendors, supplier, officers, directors, agents, and employees harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of: (a) your breach of any representation, warranty, covenant, or obligation set forth in these Terms (or any other violation of your agreement with AT&T on the basis of these Terms); (b) your violation of any law or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity; or (c) viruses, trojan horses, worms, time bombs, cancelbots, spyware, or any other similar harmful programming routines input by you into the Service.
The foregoing indemnity obligations will survive any termination of these Terms.
AT&T reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section. You agree not to settle any matter subject to the forgoing indemnification obligations without the express written consent and approval of AT&T.
We may terminate these Terms or terminate or suspend your access to the Service at any time, with or without notice or cause. Upon termination or suspension, your right to access and use the Service will immediately cease. We may discontinue, temporarily or permanently, the Service, with or without notice.
12. REMEDIES AVAILABLE TO US
AT&T reserves the right to seek any and all remedies available at law or in equity in connection with a violation of these Terms.
You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms and you consent to injunctive or other equitable relief for such violations.
Nothing in these Terms is intended to confer upon you or any third parties any rights, remedies, or benefits not otherwise expressly conferred. Your use of the Service does not create any partnership, agency, joint venture, fiduciary, or other similar relationship between AT&T or any affiliate of AT&T and you.
You may not assign these Terms or otherwise transfer them, in whole or in part and any attempt to do so shall be void.
If for any reason a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, the provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect and remain fully enforceable.
15. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. AS AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME.
The Service is intended for use within the United States of America. AT&T makes no representation that this Service is appropriate or available for use in other locations. If you choose to access or use the Service from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions in which the Service, in whole or in part, is illegal or penalized is prohibited.
These Terms shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, you agree that any cause of action arising out of or relating to these Terms or your use of the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This Section is not intended to and does not alter any provisions of your applicable wireless service agreement.
All other claims, including without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort will be adjudicated under the laws of your state of residence in the United States.
Except as expressly stated herein, these Terms constitute the entire agreement between you and AT&T with respect to the Service, and they supersede and replace all prior or contemporaneous communications, proposals, understandings, or agreement, whether electronic, oral or written, between you and AT&T with respect to the Service and/or the subject matter of these Terms.
Any waiver of any provision of the Terms will be effective only if in writing and signed by you and AT&T. Our failure to enforce our rights and remedies available to us with respect to your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.
All other marks are the property of their respective owners.