Chi Mei Communication Systems 0406CHAI1 CT-10 Wireless Terminal User Manual printer spreads indd

Download:
Mirror Download [FCC.gov]
Document ID	457390
Application ID	z3EkL6H6g9hKiHKp1z3O/g==
Document Description	Users Manual
Short Term Confidential	No
Permanent Confidential	No
Supercede	No
Document Type	User Manual
Display Format	Adobe Acrobat PDF - pdf
Filesize	13.24kB (165514 bits)
Date Submitted	2004-08-06 00:00:00
Date Available	2004-10-26 00:00:00
Creation Date	2004-07-19 18:31:55
Producing Software	Adobe PDF Library 6.0
Document Lastmod	2004-07-26 16:55:38
Document Title	printer spreads.indd
Document Creator	Adobe InDesign CS (3.0.1)

OGO_legal.indd, Spread 1 of 28 - Pages (56, 1) 7/26/04 1:42 PM
™
YOU NEED TO KNOW Important Safety Information • Radio Frequency Signals •
30-day Return Policy • AT&T Wireless Service Agreement • Recurring Payment Agreement •
Limited Warranty • Intellectual Property Restrictions • Other Important Safety Information
OGO_legal.indd, Spread 2 of 28 - Pages (2, 55) 7/26/04 1:42 PM
TABLE OF CON
device is on file with the FCC and can be found under the Display
Grant section of http://www.fcc.gov/oet/fccid after searching on FCC ID
QDJ-0406CHAI1. Additional information on Specific Absorption Rates
(SAR) can be found on the Cellular Telecommunications & Internet
Association (CTIA) web-site at http://www.devicefacts.net.
*In the U.S. and Canada, the SAR limit for mobile GSM device used by
the public is 1.6 watts/kg (W/kg) averaged over one gram of tissue. The
standard incorporates a substantial margin of safety to give additional
protection for the public and to account for any variations in.
Part #2200-2054 Rev. B
OGO_legal.indd, Spread 3 of 28 - Pages (54, 3) 7/26/04 1:42 PM
•Ministry of Health (Canada), Safety Code 6.
The standards include a substantial safety
margin designed to assure the safety of all
persons, regardless of age and health.
The exposure standard for wireless mobile GSM
device employs a unit of measurement known
as the Specific Absorption Rate, or SAR. The
SAR limit set by the FCC is 1.6W/kg*.
54
This device was tested for typical body-worn
operations. To comply with FCC RF exposure
requirements, a minimum separation distance
of 1.5 cm must be maintained between the
user’s body and the terminal, including the
antenna. Third-party belt-clips, holsters, and
similar accessories used by this device should
not contain any metallic components. Bodyworn accessories that do not meet these
requirements may not comply with FCC RF
exposure requirements and should be avoided.
The FCC has granted an Equipment
Authorization for this model device with all
reported SAR levels evaluated as in
compliance with the FCC RF exposure
guidelines. SAR information on this model
TENTS
IMPORTANT SAFETY INFORMATION
RADIO FREQUENCY SIGNALS
30-DAY RETURN POLICY
10
AT&T WIRELESS SERVICE AGREEMENT
38
RECURRING PAYMENT AGREEMENT
41
LIMITED WARRANTY
45
INTELLECTUAL PROPERTY RESTRICTIONS
47
OTHER IMPORTANT SAFETY INFORMATION
OGO_legal.indd, Spread 4 of 28 - Pages (4, 53) 7/26/04 1:42 PM
IMPORTANT SAFETY
INFORMATION
Read this section
before using your
Ogo device, the
battery charger, or
any accessories.
It contains important
information that you
should know so that
you can safely and
properly use this
mobile device. Also
refer to the online
Ogo User Manual
for more information
about how to use
the device.
www.attwireless.com/ogo
Radio frequency (RF) energy
When your device is ON, it receives and transmits RF
energy. While this device complies with U.S. regulatory
requirements concerning exposure of human beings to RF
energy, you always want to minimize exposure.
To minimize your exposure to this RF energy,
follow these procedures:
•Use only the antenna supplied with the device or an approved replacement.
•For body-worn operation, place the device in a supplied or
approved clip, holder, holster, case, etc.
•Use AT&T Wireless approved accessories.
For more information on RF, see Radio Frequency
and SAR Information section of this booklet. and
www.fda.gov/cellphones.
as the Specific Absorption Rate, or SAR. The SAR limit set by the FCC is
1.6W/kg*.
*In the U.S. and Canada, the SAR limit for mobile devices used by the
public is 1.6 watts/kg (W/kg) averaged over one gram of tissue. The
standard incorporates a substantial margin of safety to give additional
protection for the public and to account for any variations in.
SAR Information
THIS MODEL DEVICE MEETS THE GOVERNMENT’S REQUIREMENTS
FOR EXPOSURE TO RADIO WAVES.
RF interference/compatibility
Your wireless mobile GSM device is a radio transmitter and receiver. It is
designed and manufactured not to exceed the emission limits for
exposure to radio frequency (RF) energy set by the Federal
Communications Commission of the U.S. Government. These limits are
part of comprehensive guidelines and establish permitted levels of RF
energy for the general population. The guidelines are based on the
safety standards previously set by both U.S. and international
standards bodies:
In some instances, your device will cause interference with
other electronic devices. Here are a few rules to follow:
•Turn off your device in any facility or area, such as hospitals
or in blasting areas, where posted notices instruct you to do
so. This includes notices saying, “Turn off two-way radio.”
•Follow instructions from airline crew for use of this device
on an airplane.
•American National Standards Institute (ANSI) IEEE. C95.1-1992.
•National Council on Radiation Protection and Measurement (NCRP).
Report 86.1986.
•International Commission on Non-Ionizing Radiation Protection
(ICNIRP) 1996.
OGO_legal.indd, Spread 5 of 28 - Pages (52, 5) 7/26/04 1:42 PM
Health and Safety Information
52
Exposure to Radio Frequency (RF) Signals
Your wireless device is a radio transmitter
and receiver. It is designed and manufactured
not to exceed the emission limits for exposure
to radio frequency (RF) energy set by the
Federal Communications Commission of the
U.S. Government. These limits are part of
comprehensive guidelines and establish
permitted levels of RF energy for the general
population. The guidelines are based on the
safety standards previously set by both U.S.
and international standards bodies:
•American National Standards Institute (ANSI)
IEEE. C95.1-1992
•National Council on Radiation Protection and
Measurement (NCRP). Report 86.1986.
•International Commission on Non-Ionizing
Radiation Protection (ICNIRP) 1996.
•Ministry of Health (Canada), Safety Code 6.
The standards include a substantial safety
margin designed to assure the safety of all
persons, regardless of age and health.
•The exposure standard for wireless mobile
devices employs a unit of measurement known
•If you use a pacemaker, hearing aid or other medical
device that may be affected by RF, consult your health
care provider or the manufacturer’s recommendations before using this device. Generally, they recommend that you
hold a device that is ON more than 6 inches from the pacemaker and do not carry it in your breast pocket.
•Check your vehicle owner’s manual or your dealer to be
sure that you can use this device in your vehicle and it will
not interfere with any of your vehicle’s electronic systems.
For any equipment added to your vehicle, check with the
equipment manufacturer or where you purchased it.
Potentially explosive atmospheres
In rare cases, your device can emit a spark that could cause
an explosion or fire. To minimize this risk, do the following:
•Do not use your device and do not remove, replace or
charge batteries when you are in an area with a potentially
explosive atmosphere. Such areas are not always marked
and include fueling areas like gas stations, below deck on
boats, fuel or chemical transfer or storage facilities, vehicles
using LP gas, or areas where the air contains chemicals or
particles such as grain, dust, or metal powders.
•Do not transport or store flammable gas, liquids, or explosives
in your vehicle, especially if you plan to use your device.
Using device safely while driving
Using your device while driving can distract you and could
result in an accident.
Consider your alternatives:
•Let device receive your messages and then respond to
them at your convenience.
•Ask a passenger to view your messages.
•Pull off road and park in a safe location before using device.
Note to Parents:
Review this section with
your child and establish
guidelines for their use of
this device when they are
driving.
OGO_legal.indd, Spread 6 of 28 - Pages (6, 51) 7/26/04 1:42 PM
Accessories
Only use AT&T Wireless approved accessories. Using unapproved accessories may cause the device to not operate
properly resulting in property damage or even injury.
Batteries and battery chargers
Lithium Ion batteries can become very hot and cause serious injury or property damage if the battery terminals
touch metal objects such as jewelry, keys or chains.
Be careful when putting a charged battery that is separated from the device inside a pocket, purse, or other container that may have metal objects.
Follow all safety information on the battery. Do not puncture
battery or place battery or device in a fire and dispose of
the battery and device in accordance with local regulations. Keep battery away from children.
Only use AT&T Wireless approved batteries and battery
chargers. Use of unapproved batteries and chargers could
result in damage to the battery or charger, and, in extreme
circumstances, to a battery explosion.
Only use charger indoors and with an acceptable power
source. See Online Manual for more information on using
the battery charger.
Repetitive motion injuries
Your fingers, thumbs, and hands, arms, shoulders or neck
may start to hurt if you use this device, either for messaging
or for games, for a long time.
To minimize this discomfort, take a 15-minute break for
each hour of device use, and stop for several hours if any
part of your body starts to hurt. If you still have discomfort
after stopping for a few hours, see your doctor.
RF exposure
Tests for SAR are conducted using standard operating positions
specified by the FCC with the device transmitting at its highest
certified power level in all tested frequency bands. Although the SAR
is determined at the highest certified power level, the actual SAR
level of the device while operation can be well below the maximum
value. This is because the device is designed to operate at multiple
power levels so as to use only the power required to reach the
network. In general, the closer you are to a wireless base station
antenna, the lower the power output. Before a device model is
available for sale to the public, it must be tested and certified to the
FCC that it does not exceed the limit established by the governmentadopted requirement for safe exposure. The tests are performed in
positions and locations (e.g., at the ear and worn on the body) as
required by the FCC for each model. (Body-worn measurements may
differ among device models, depending upon available accessories
and FCC requirements). While there may be differences between the
SAR levels of various devices and at various positions, they all meet
the government requirement for safe exposure. For body worn
operation, to maintain compliance with FCC RF exposure guidelines,
use only accessories that contain no metallic components and
provide a separation distance of 1.5cm (0.6 inches) to the body. Use
of other accessories may violate FCC RF exposure guidelines and
should be avoided.
OGO_legal.indd, Spread 7 of 28 - Pages (50, 7) 7/26/04 1:42 PM
50
•Never short-circuit the battery by connecting
the positive and negative terminals with a metal
material. Do not store or carry the battery
where it could come into contact with metal
objects such as a key chain or necklace.
•Never allow the battery to get wet or be
immersed in water.
•Do not place the battery in a microwave
oven or high pressure container.
•Stop charging if the battery is not charged
after the prescribed charge time.
•If leakage of the electrolyte occurs, or if there
is an offensive odor, immediately keep the
battery away for any source of fire or spark.
•If you become aware of any abnormal
phenomena, such as odor, discoloration, or
deformation, during use, while charging or
when storing the battery, remove the battery
from the device or charger and stop using.
•In the event the electrolyte comes into
contact with the eyes, flush thoroughly with
clean water, without rubbing. Consult with a
physician immediately.
Caring for your device and charger
•Do not allow foreign objects or liquids to get in your device.
These can cause a short and result in fire, electrical shock
or damage to your device or its battery.
•Unplug the charger before cleaning the device or charger.
Do not use liquid or aerosol cleaners or solvents to clean.
Use only a dry cloth.
•Place the device and the charger on a stable, level surface
so it doesn’t fall, possibly causing damage or injury. Do not
place on or near a heat source or on an electrical product
that produces heat.
Service
Bring your device, charger or accessories to the AT&T Wireless authorized service facility if any of these have been
dropped or damaged or have been exposed to liquid/water
or extreme heat.
•Also, bring it in for service if any of these become very
hot to the touch or do not operate normally after following
the instructions.
•Do not disassemble the device, charger, or any accessories. Doing so could cause further damage and could void
the warranty.
ADDITIONAL SAFETY INFORMATION
For additional Safety information please see page 46 of this
guide.
RADIO FREQUENCY SIGNALS
A wireless phone operates by sending and receiving radio
frequency (RF) signals, and therefore emits low levels of RF
energy when the phone is on. Many studies have been conducted concerning RF exposure.
OGO_legal.indd, Spread 8 of 28 - Pages (8, 49) 7/26/04 1:42 PM
Based on these studies, the U.S. Food and Drug Administration (FDA) has concluded that the available scientific
evidence doesn’t show that any health problems are associated with using wireless devices, although there’s no
proof that they’re absolutely safe. Further scientific research is ongoing, and AT&T Wireless supports this research. For more information, you can review the FDA’s
Consumer Update on Wireless Phones, which is available
from the FDA at 1 888 463-6332. Additional consumer information on wireless phones and RF safety is available online at the joint FDA FCC web site, “Cell Phone Facts,” at
www.fda.gov/cellphones.
The Federal Communications Commission (FCC) has established guidelines setting limits for RF exposure from
wireless phones (these limits are called the Specific Absorption Rate or SAR). AT&T Wireless sells only those phones
and devices that have been certified by the manufacturers
as complying with FCC guidelines. For more information
about FCC guidelines and SAR limits, you can visit the
FCC’s website at www.fcc.gov/cellphones or contact the FCC
at 1 202 418-2464.
30-DAY RETURN POLICY
We’re confident that you’ll be pleased with your purchase.
However, if you’re not, new wireless devices and accessories
can be returned to the original place of purchase within 30
days under the following conditions:
•Returned item(s) are accompanied by proof of purchase.
•All original materials (accessories, manuals, packaging,
etc.) are included with the item.
•The item is in resalable condition (no cracks, scratches,
liquid damage, etc.)—if there’s a question regarding resalable condition, AT&T Wireless will decide whether the item
can be returned or exchanged.
•Check refunds will be processed and paid within four to
six weeks.
Battery Safety Precautions
For the safe use of lithium ion batteries always follow the instructions
provided below. Improper handling of lithium ion batteries may result
in injury or damage from electrolyte leakage, heating, ignition, or
explosion.
Danger:
•Never use the batteries with anything other than specifically
designed equipment.
•Always use the battery charger provided with the device.
•Never impact, pierce or crush the battery.
•Handle a damaged or leaking battery with extreme care. If you
come in contact with the electrolyte, wash the exposed area with
soap and water. If it contacts the eye, flush the eye with water for 15
minutes and seek medical attention.
•When discarding a battery, contact your local waste disposal
provider regarding local restrictions on the disposal or recycling
of batteries.
•Never disassemble or modify the battery. The battery contains a
circuit designed to enhance safety. Damaging this circuit may cause
overheating, fire or bursting.
•Never expose or charge a battery under high temperature
conditions, such as near a fire or in the direct sunlight. If the ambient
temperature is too high, the protection circuit may be actuated,
preventing further charging, or damaged.
OGO_legal.indd, Spread 9 of 28 - Pages (48, 9) 7/26/04 1:42 PM
48
This equipment has been tested and found
to comply with the limits for a Class B digital
device, pursuant to Part 15 of the FCC
Rules. These limits are designed to provide
reasonable protection against harmful
interference in a residential installation.
This equipment generates, uses and can
radiate radio frequency energy and, if not
installed and used in accordance with the
instructions, may cause harmful interference
to radio communications. However, there is
no guarantee that interference will not occur
in a particular installation. If this equipment
does cause harmful interference to radio or
television reception, which can be determined
by turning the equipment off and on, the
user is encouraged to correct the interference
by one or more of the following measures:
•Reorient or relocate the receiving antenna.
•Increase the separation between the
equipment and the receiver.
•Connect the equipment into an outlet that is
on a circuit different from the receiver.
•Consult the dealer or an experienced radio/
TV technician for help.
•Cash refunds of up to $100 will be issued at the store if
funds are available.
If you didn’t purchase your device from AT&T Wireless,
please contact your retailer for its return policy. In addition,
you must personally cancel your account by calling
Customer Care. You’re also required to pay any applicable
service and/or usage charges, including your prorated
monthly charge.
OGO_legal.indd, Spread 10 of 28 - Pages (10, 47) 7/26/04 1:42 PM
10
AT&T WIRELESS SERVICE AGREEMENT
of right in such AT&T Wireless software is permitted. No license is
granted by implication, estoppel or otherwise under AT&T Wireless
IMPORTANT PLEASE READ CAREFULLY
This is an agreement (“Agreement”) between you and the
entity that owns or leases a Federal Communications Commission license to provide wireless radio and other services
(“Service”) in the area associated with your assigned account
(“Account”) that is doing business as AT&T Wireless and/or
AT&T Wireless Services (“AT&T Wireless” or “us” or “we”) and
governs Service provided by us to you through wireless
receiving and transmitting equipment, SIM (Subscriber Identity Module) Card and any accessories (each a “Device”) that
we have authorized to be programmed or associated with a
number or identifier (an “Identifier”). This Agreement explains
our respective legal rights concerning all aspects of our relationship, including:
OTHER IMPORTANT SAFETY INFORMATION
•Resolution of past or future disputes by arbitration instead
of court trials and class actions and limitations on the time
periods for bringing claims.
•Billing and charges
•Starting and ending service
•Account information
•Limitations of liability, damage awards and warranty
•Changes to this Agreement
FCC Compliance Statement
This device complies with Part 15 of the FCC Rules. Operation
is subject to the following two conditions: (1) this device may not
cause harmful interference, and (2) this device must accept any
interference received, including interference that may cause
undesired operation.
FCC ID: QDJ-0406CHAI1
Statement according to FCC part 15.21.
Modifications not expressly approved by CMCS could void the user’s
authority to operate the equipment.
Statement according to FCC part 15.105.
OGO_legal.indd, Spread 11 of 28 - Pages (46, 11) 7/26/04 1:42 PM
or devices not furnished by AT&T Wireless,
nor will AT&T Wireless have any liability for
the use of ancillary equipment or software
not furnished by AT&T Wireless which is
attached to or used in connection with the
Device System. The foregoing states the
entire liability of AT&T Wireless with respect to
infringement of patents by the Device System
or any parts thereof.
46
Copyright Laws in the United States and
other countries preserve for AT&T Wireless certain exclusive rights for copyrighted AT&T Wireless software, such as
the exclusive rights to reproduce and
distribute copies of such AT&T Wireless
software. AT&T Wireless software may be
used only in the Device System in which
the software was originally embodied
when purchased, and such software in
such Device System may not be replaced,
copied, distributed, modified in any way,
or used to produce any derivate thereof.
No other use including, without limitation, alteration, modification, reproduction,
distribution, or reverse engineering of
such AT&T Wireless software or exercise
ARBITRATION NOTICE:
The Resolution of Disputes provisions below describe our mutual
agreement to use mandatory arbitration for the resolution of
most past or future disputes between us instead of a court
trial or class action lawsuit.
If you 1) Use the service or device, or 2) Accept any benefit in
exchange for committing to new terms and conditions or
3) Pay us any amount for the service, you consent to the
terms and conditions set forth in this agreement, any corresponding rate plan, and all policies and guidelines incorporated by reference, all as may be changed as described in
paragraph 6 below. If you do not agree with the terms and
conditions in this agreement, do not use the service or device
and notify us within 30 days of the date of original activation
for each identifier to cancel the service and/or return the device purchased from us. Your rights to terminate thereafter
are set forth below. You are responsible for all charges
incurred prior to notifying us of cancellation.
OGO_legal.indd, Spread 12 of 28 - Pages (12, 45) 7/26/04 1:42 PM
DESCRIPTION OF SERVICES
12
1. Rate Plans. The price, features and options of the Service available for each Identifier
on your Account depends on the rate plan,
feature or promotion selected by you when
you activated or changed your Service and
are described in the Activation Wizard on the
Device, in a separate AT&T Wireless Rate
Plan (“Rate Plan”) Brochure, in feature or
promotional materials, at attwireless.com
and/or in AT&T Wireless materials included
with your Device (collectively, “Sales Information”), all of which are incorporated by reference, are a part of this Agreement and were
available when you activated or changed
Service. To receive copies of Sales Information contact Customer Care.
2. Authority. You represent that you are:
(i) legally competent to enter into this Agreement, (ii) in the case of an individual a resident of the one of the fifty United States, and
(iii) not aware of any disability that would prevent you from entering into this Agreement. If
you order or activate Service on behalf of an
entity, you represent that you are authorized
In no event shall Seller’s liability exceed the cost of repairing or
replacing defective Products as provided herein, and any such
liabilities will terminate upon expiration of the warranty period.
INTELLECTUAL PROPERTY RESTRICTIONS
All Intellectual Property, as defined below, which is owned by or licensed to AT&T Wireless, its affiliates, partners or suppliers, relating to
the Device, including but not limited to accessories, parts or software
relating thereto (the “Device System”), is proprietary under federal
laws, provincial laws and international treaty provisions. Intellectual
Property includes, but is not limited to, inventions (patentable or unpatentable), patents, trade secrets, copyrights, software, computer
programs, and related documentation and other works of authorship.
You may not infringe or otherwise violate AT&T Wireless rights with respect to the Intellectual Property. Moreover, you agree that you will not
(and will not attempt to) disassemble, decompile, reverse engineer,
prepare derivative works from, modify or make any other effort to create source code from the software. No title to ownership in the Intellectual Property is transferred to you through purchase or possession
of the Device System or its components. All applicable rights related to
the Intellectual Property shall remain with AT&T Wireless, its affiliates,
partners or suppliers.
AT&T Wireless will have no liability with respect to any claim of patent infringement which is based upon the combination of the Device System or parts furnished hereunder with software, apparatus
OGO_legal.indd, Spread 13 of 28 - Pages (44, 13) 7/26/04 1:42 PM
AND IS LIMITED TO THE DURATION OF THE
LIMITED WARRANTY. LIABILITY FOR ANY AND
ALL DIRECT, INDIRECT, SPECIAL, GENERAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES IS
SPECIFICALLY DISCLAIMED, EXCEPT TO THE
EXTENT PROHIBITED BY APPLICABLE LAW.
44
REPAIR OR PLACEMENT, AS PROVIDED UNDER THE WARRANTY, IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR BREACH OF THE
LIMITED WARRANTY. ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
WITH RESPECT TO THE PRODUCT AND/OR
ITS FITNESS FOR A PARTICULAR USE ARE
SPECIFICALLY DISCLAIMED, TO THE EXTENT
PERMITTED BY APPLICABLE LAW. SELLER’S
LIABILITY HEREUNDER IS LIMITED TO THE
DURATION OF THIS WARRANTY.
Some STATES do not allow limitations on how
long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above exclusions or
limitations may not apply to you. This limited
warranty gives you specific legal rights, and
you may also have other rights which vary
from STATE to STATE.
to do so and acknowledge that such entity is bound by the terms and
conditions of this Agreement; however, all terms and conditions that
relate to use of the Service by you as the end user of a Device will
also bind you individually. If you activate Service on behalf of an entity
but were unauthorized to do so, you will be personally responsible for
all charges to the Account and will be fully bound by this Agreement
as though you had activated Service on your own behalf.
3. Deposits/Service Limits/Credit Reports/Return of Balances. You authorize us to ask consumer reporting agencies or
trade references to furnish us with employment and credit information, and you consent to our rechecking and reporting personal and/
or business payment and credit history if, in our sole discretion, we
so choose. If you believe that we have reported inaccurate information about your account to a consumer reporting agency, you may
send a written notice describing the specific inaccuracy to the address provided in the Notices section below. For you to receive Service, we may require a deposit or set a service limit. The deposit will
be held as a partial guarantee of payment. It cannot be used by you
to pay your bill or delay payment. Unless otherwise required by law,
deposits may be mixed with other funds and will not earn interest.
We reserve the right to increase your deposit if we deem appropriate. You may request that we reevaluate your deposit on an annual
basis, which may result in a partial or total refund of the deposit to
you or a credit to your account. If you default or this Agreement is
terminated, we may, without notice to you, apply any deposit towards
payment of any amounts you owe to us. After approximately 90 days
OGO_legal.indd, Spread 14 of 28 - Pages (14, 43) 7/26/04 1:42 PM
14
following termination of this Agreement, any
remaining deposit or other credit balance
in excess of $10 will be returned without
interest, unless otherwise required by law, to
you at your last known address. You agree
any amounts under $10 will not be refunded
to cover our costs of closing your account.
If the deposit balance is undeliverable and
returned to us, we will hold it for you for one
year from the date of return and, during that
period, we may charge a service fee against
the deposit balance. You hereby grant us a
security interest in any deposit we require
and, to the extent of any property interest
provided by law, in the Identifier and Device
associated with your Account, to secure the
performance of your obligations hereunder.
ber label removed, altered, rendered illegible or fraudulently applied
to other equipment.
•Signal reception problems (unless caused by defects in material or
workmanship).
•Products operated outside published maximum ratings.
•Performance of the Products when used in combination with other
products or equipment (including, without limitation, software, accessories, media, supplies or consumables) not manufactured, supplied
or authorized by AWS.
•Consumables (such as fuses).
•Payments for labor or service to representatives or service centers
not authorized to perform product maintenance by AWS.
4. Rates. Your Service rates and other
charges and conditions for each Identifier or
Device are described in your Sales Information. If you lose your eligibility for a particular
Rate Plan, we may change your Rate Plan
upon prior notice to you. If you misrepresent
your eligibility for any Rate Plan, you agree
to pay us the additional amount you would
have been charged under the most favor-
This warranty is valid only for Products purchased and used in the
United States.
This warranty does not cover consumer education, instruction,
installation or removal, set up adjustments, problems related to
service(s) provided by a carrier or other service provider, and/or
signal reception problems.
LIMITATION OF WARRANTY/LIABLILTY
THIS WARRANTY IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED
WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
OGO_legal.indd, Spread 15 of 28 - Pages (42, 15) 7/26/04 1:42 PM
42
•Cosmetic damage.
•Products which have been repaired, maintained or modified (including the antenna)
by anyone other than AWS or an AWS-approved repair facility, or that have been improperly installed.
•Damage to and faults with the LCD display
due to damage caused by Customer.
•Equipment, components and accessories
not manufactured, supplied or authorized
by AWS.
•Failures or defects caused by misuse, abuse,
accidents, physical damage, abnormal operation, improper handling or storage, neglect
alterations, unauthorized installation, removal or repairs, failure to follow instructions, exposure to fire, water or excessive moisture or
dampness, floods or extreme changes in climate or temperature, acts of God, riots, acts
of terrorism, spills of food or liquids, viruses,
or other software flaws introduced into the
product, or other acts which are not the fault
of AWS and which the Product is not specified to tolerate, including damage caused by
mishandling or blown fuses.
•Products which have had warranty stickers,
electronic serial number and/or serial num-
able Rate Plan for which you are eligible. If you select a Rate Plan
that includes a predetermined allotment of Services (for example, a
predetermined amount of airtime, megabytes or text messages), any
unused allotment of Services from one billing cycle will not carry over
to any other billing cycle.
5. Business Agreement Benefits. If you receive Service where
a business or government entity pays your charges or is otherwise
liable for the charges, you authorize us to share your account information with that entity and/or its authorized agents.
6. Changes to Agreement or Service. We may amend the
terms of this Agreement, including the Sales Information, upon advance notice provided to you in any manner we choose, including
by notice contained with your invoice for the Service. If you use the
Service more than 20 days after we notify you of a change, you agree
to that change. You have the option to change your Service at any
time by notifying us, and you may take advantage of those of our
Services for which you qualify, provided that you comply with any
requirements of the Service. Any change will take effect by your next
billing cycle, and your continued use of the Service will be deemed to
constitute your express consent to the changes.
7. Availability/Interruption. Service is normally available to
your Device when it is within the operating range of our system but
may be available outside of that area in other participating carrier
service areas. Service is subject to transmission limitation, reduc-
OGO_legal.indd, Spread 16 of 28 - Pages (16, 41) 7/26/04 1:42 PM
16
tion in transmission speed, or interruption
caused by weather, your equipment, terrain,
obstructions such as trees or buildings, or
other conditions. Service may be limited in
some areas where coverage is not available
or may be temporarily limited or interrupted
due to system capacity limitations, system
repairs or modifications, or in response to suspected fraud, abuse, misuse of the network,
hacking or malicious viruses or violations of
our Acceptable Use Policy. Interruption may
also result from nonpayment of charges by
you. We may block access to certain categories of numbers (e.g. 976, 900 and certain
international destinations) or certain web
sites if, in our sole discretion, we are experiencing excessive billing, collection, fraud
problems or other misuse of our network.
We may, but do not have an obligation to,
refuse to transmit any information through the
Service and may screen and delete information prior to delivery to you or the Device as
permitted by law. Some aspects of the
Service may be temporarily unavailable if
personal information is provided by a child
under the age of 13. Without parental consent, children under the age of 13 will not be
LIMITED WARRANTY
Seller (“Seller” shall be defined as AT&T Wireless (“AWS”) and/or
the relevant authorized reseller or distributor of the AT&T Wireless (“AWS”) product or the reseller/distributor’s warranty fulfillment
partner, as applicable) warrants only to the original buyer/endcustomer (“Customer”) that this wireless device and accessories
(“Product”) will be free from defects in workmanship and material
for one (1) year from the date of purchase by Customer.
WARRANTY EXCLUSIVE REMEDY
If the Product is deemed by Seller to be defective in workmanship
or material during the warranty period and the Product has been
returned at Customer’s expense to Seller or Seller’s designated
repair center, the Product will be repaired or replaced, at Seller’s
option, at no charge. Customer will be required to show valid “proofof-purchase” (proof of date of sale, lease or rental). Reconditioned
replacement devices, components, parts or materials may be used
for replacement or repair. Data in the memory of the device may be
lost during repair.
THIS LIMITED WARRANTY DOES NOT COVER AND IS VOID WITH
RESPECT TO THE FOLLOWING:
OGO_legal.indd, Spread 17 of 28 - Pages (40, 17) 7/26/04 1:42 PM
Access to Agreement. To access this Recurring Payment Agreement online in the future, please visit www.attwireless.com/ogo/rpa.
To view the credit card you authorized in the
future, please visit www.attwireless.com/ocs.
Authorization. This Agreement is not transferable and acceptance of the terms must be
submitted electronically by the person authorized on the AT&T Wireless account.
40
By activating the Ogo device and accepting
these terms by clicking “I Agree,” I agree that
I have read and understand this Recurring
Payment Agreement. In addition, I authorize
AT&T Wireless to charge the full amount of my
monthly wireless phone bill to the specified
credit card; I authorize the financial institution for the specified credit card to charge my
account and remit payment for my monthly
wireless phone bill to AT&T Wireless. This authority will remain in effect until I give notification, as required under this Agreement, to
terminate this authorization.
able to use certain aspects of the Service. Devices may be incompatible
with TTY, so TTY users may be unable to make emergency calls. TTY
availability on our network does not indicate compatibility while using
another carrier’s network.
USE OF SERVICE
8. Acceptable Use. Your use of the Service must comply with
our Acceptable Use Policy, found at attwireless.com/acceptable use,
which you should read carefully. The Acceptable Use Policy is incorporated by reference as a part of this Agreement. Our Acceptable
Use Policy may be updated from time-to-time.
9. Account Access and Unauthorized Use. Any person able to
provide information we deem sufficient to identify you and the Account
is authorized by you to receive information about and make changes
to your Account, including adding new Service. You are responsible for
safeguarding your Device and access information (such as your Account
number) and failure to do so may result in expense to you. If your Device,
user name or password is stolen or Service is fraudulently used, you
must immediately notify us and provide us with such documentation and
information as we may request (including affidavits and police reports).
You will remain responsible for all charges incurred before you notify
us. You agree to cooperate with us in any fraud investigation and to use
any fraud prevention measures we prescribe. Failure to reasonably
cooperate may result in your liability for all fraudulent usage.
OGO_legal.indd, Spread 18 of 28 - Pages (18, 39) 7/26/04 1:42 PM
18
10. Your Content and Use of Service.
You are solely responsible for all content that
you permit to be posted or transmitted onto
or through the Service or any of our systems,
including materials, code, data, text (whether
or not perceptible by users), multimedia information (including, but not limited to sound,
data, audio, video, graphics, photographs,
or artwork), e-mail, chat room content, bulletin board postings, or any other items or
materials accessible through the Service or
any of our systems (“Content”). YOUR USE
OF THE SERVICE IS ENTIRELY AT YOUR OWN
RISK. YOU ASSUME FULL RESPONSIBILITY
FOR AND RISK OF LOSS RESULTING FROM
YOUR DOWNLOADING, ACCESS TO, OR USE
OF ANY THIRD-PARTY CONTENT, OR FROM
YOUR ACCESS TO OR USE OF THE SERVICE
OR THE INTERNET, IN ANY MANNER AND
FOR ANY PURPOSE WHATSOEVER. In providing Service, we may permit our subscribers
to transmit, receive and host content over
our network and the Internet and may act as
a “services provider” as defined in the Digital
Millennium Copyright Act. Please see our Site
Access Agreement found at attwireless.com/
terms for additional information.
Recurring Payment Failure. If your recurring payment is declined, your Ogo service will be suspended. You will need to provide
valid credit card information to pay your wireless bill and pay a
reinstatement fee to reactivate service. In the event any payment is
not made and you do not pay the amount due in full by the end of
your billing cycle, you will also be assessed a late fee in the amount
set forth in your wireless service or rate plan materials.
Changing Recurring Payment Option. If your account is in good
standing and you would like to change your Recurring Payment Option including making a change from the credit card that was initially
selected to another credit card, you must authorize the Recurring
Payment Option with the new credit card through the online Customer
Center at www.attwireless.com/ocs by following the instructions to reestablish your Recurring Payment Option. It may take up to two billing cycles for this change to go into effect. Your previously approved
Recurring Payment Option will be used until the new option goes into
effect. If you are suspended you must contact Customer Care.
Notification of Payment. AT&T Wireless will send you an e-mail
notification approximately 10 days prior to charging or applying the
invoice payment to your designated credit card telling you that your
electronic invoice is available. You are responsible for providing us
with your new e-mail address if it changes. To make changes to
your e-mail address, go to the Update E-mail Address link on the
Customer Center web site at www.attwireless.com/ocs, and then follow the instructions.
OGO_legal.indd, Spread 19 of 28 - Pages (38, 19) 7/26/04 1:42 PM
37. Governing Laws. This Agreement is
subject to applicable federal laws, federal or
state tariffs, if any, and the laws of the state
associated with the Identifier. Where our Service terms and conditions are regulated by a
state agency or the FCC, the regulations are
available for your inspection and if there is
any inconsistency between this Agreement
and those regulations, this Agreement shall
be deemed amended as necessary to conform to such regulations.
38
Translation. The original version of this
Agreement is the English language. Any
discrepancy or conflicts between the English version and the versions in any other
language will be resolved with reference to
and interpreting the English version, which
will control.
RECURRING PAYMENT
AGREEMENT
By activating the Ogo device and selecting
recurring credit card payment, you authorize
an automatic monthly payment of your wireless invoice from the credit card provided.
11. Use of Service/Device/Identifier. Reproduction, retransmission, dissemination or resale of Service is prohibited without prior
written contractual arrangements with us and any required regulatory approvals. You are responsible for ensuring that your Device is
compatible with our Service and meets federal standards. You are
responsible for the purchase and maintenance of any additional
hardware, software and/or Internet access from your PC required to
use the Service. Internet Protocol (“IP”) addresses for services provided on the AT&T Wireless GSM/GPRS, EDGE or UMTS networks will
be assigned dynamically per session from a private pool and not all
protocols will be supported. Other IP addressing options are available
for additional cost. Except as provided otherwise by law, you have no
property rights to any Identifier, including, without limitation, any IP
address, any e-mail address or any other identifier, provisioned by
us, our agents or the manufacturer of your Device to be used with
the Service, and you agree we may change any such Identifier at any
time with or without prior notice to you. In the event we are required
by law to transfer any Identifier to you on termination of this Agreement, we may charge you a fee. Your Device has been manufactured
to operate exclusively with Service provided by us. The Device cannot
be activated with any other wireless carrier and if your Device utilizes
a SIM card it will only accept a SIM card provided by us. Any, call
timers included on your Device are not an accurate representation of
actual billed usage. By using the Service, you agree to abide by the
terms and conditions of any applicable software license.
OGO_legal.indd, Spread 20 of 28 - Pages (20, 37) 7/26/04 1:42 PM
TERM OF SERVICE AND
TERMINATION
20
12. Term. The term of this Agreement for
each Identifier begins on the date we activate
Service for that Identifier and continues on a
month to month basis, based on your billing
cycle date, until terminated by either party as
provide herein. For any termination (including when you switch your wireless number
to another carrier), you will be responsible
for payment of all fees and charges through
the end of the billing cycle in which termination occurs.
13. Default/Suspension/Termination.
You will be in default of this Agreement if you
(a) fail to pay any amount owed to us or an
affiliate of ours or any amount appearing on
your invoice, (b) any individual credit or debit
card payment fails, (c) have amounts still
owing to us or an affiliate of ours from a prior
account, (d) breach any representation to us
or fail to perform any of the promises you
made in this Agreement, (e) violate any policy
applicable to the Service, or (f) are subject to
any proceeding under the Bankruptcy Code
U.S. Mail or delivered to a nationally recognized courier or delivery
service to your address as kept in our files and/or 2) immediately
upon our transmission using an electronic means such as e-mail or
text messaging service. You are responsible for notifying us of any
changes in your mailing or e-mail address. Written notice to us shall
be effective when directed to AT&T Wireless National Correspondence Team, P.O. Box 68055, Anaheim Hills, CA 92817-8055 and received by us. Your notice must contain specific information adequate
to identify you and your Service. Oral and electronic notices shall be
deemed effective on the date reflected in our records.
36. Entire Agreement. This Agreement, together with the Sales
Information and all other documents and policies referenced herein,
represent the entire agreement between you and us, which may
only be amended as described in this Agreement. This Agreement
supersedes any inconsistent or additional representations made to
you by any of our representatives, agents or dealers. Subsequent
purchases of additional services from us may require the entry into
a separate agreement. If any term or condition of a Rate Plan conflicts with this Agreement, the terms of the Rate Plan will control.
If any part of this Agreement is found invalid, the balance of the
Agreement remains enforceable. If, at any time, we do not enforce
any right or remedy available under this Agreement, that failure is
not a waiver of our right to enforce the right or remedy at a later
time. Copied, microfiched, scanned or other duplicate or electronic
images of this Agreement are admissible for all purposes.
OGO_legal.indd, Spread 21 of 28 - Pages (36, 21) 7/26/04 1:42 PM
36
ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE FOR
SUCH SERVICES. WE DO NOT AUTHORIZE
ANYONE TO MAKE ANY SERVICE WARRANTY
ON OUR BEHALF AND YOU SHOULD NOT
RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF
THIS AGREEMENT. THIS DISCLAIMER DOES
NOT PERTAIN TO OR AFFECT THE LIMITED
WARRANTY PROVIDED BY AT&T WIRELESS
WITH THE PURCHASE OF THE OGO WIRELESS DEVICE.
or similar laws. If you are in default, we may, without notice to you,
suspend Service, withhold equipment or other refunds and/or terminate this Agreement, in addition to all other remedies available to us.
We may require reactivation charges to renew Service after termination or suspension. If your Service is suspended we may refuse to
port any Identifier to another carrier. Upon termination and/or porting
any Identifier to another carrier, you are responsible for paying all
amounts and charges you owe to us, including any applicable cancellation fee. Third party promotions and/or discounts may end upon
termination of this Agreement.
GENERAL
14. Usage Charges. You are responsible for paying all charges
in accordance with your Rate Plan for use of the Service associated
with the Identifier(s) and Device(s) assigned to you, even if you did
not use, or authorize the use of, the Device. The network name or
type of service displayed on your Device does not determine how
Service will be billed. Depending on the capabilities of your Device
and the Rate Plan and features chosen, charges may be associated with airtime, access, features, voice mail access, voice mail delivery, data usage, text and multi-media messages, downloadables,
alerts, roaming, long distance, directory and operator assistance,
listing or un-listing charges, the price of Devices and accessories,
premium content, software, charges for other goods and services,
including shipping and handling, that are charged through your
34. Assignment. We may assign all or part
of this Agreement, without notice to you, and
such assignment will not be a change to the
Agreement. We are then released from all
liability. You may not assign this Agreement
without our prior written consent.
35. Notices. We may send you notices by
mail or electronic means, in our sole discretion. Notices to you shall be effective 1)
3 days following the date deposited in the
CHARGES AND BILLING
OGO_legal.indd, Spread 22 of 28 - Pages (22, 35) 7/26/04 1:42 PM
bill. You may be billed for multiple types of
usage simultaneously.
22
15. Voice Charges. If your Device provides
calling capabilities you will be billed at domestic airtime or roaming rates for 800, 866, 877,
888, and other “toll free” calls. AT&T Wireless
will be your wireless long distance provider.
When using any GSM/GPRS, EDGE or UMTS
network owned and operated by AT&T Wireless, for all incoming and outgoing voice service, the length of the call will be measured
during the time that the call is connected to
our system, which is approximately from the
time you press the button that initiates or answers a call until approximately the time the
first party terminates the call. On all of our
owned and operated networks, voice service
on each call is billed in full minute increments, with partial minutes of use rounded
up to the next full minute. When you place
a call on our owned and operated network
in your local area and it is dropped by our
system, if you replace the call within a reasonable period of time, we will automatically
credit your account for one minute of airtime.
If an incoming call has been forwarded to an-
STATES DO NOT ALLOW THE LIMITATIONS SET FORTH ABOVE SO THE
LIMITATIONS MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. YOU
AGREE THAT THE INCLUSION OF THIS PARAGRAPH WAS A MATERIAL
CONSIDERATION FOR US TO ENTER INTO THIS AGREEMENT. THIS
PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
32. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND
HOLD US, OUR AFFILIATES AND AGENTS AND ANY OTHER SERVICE
PROVIDER, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO
THIS AGREEMENT OR YOUR PROMISES OR STATEMENTS MADE IN IT,
CONTENT YOU STORE, PROCESS OR TRANSMIT USING THE SERVICE
AND ANY OTHER USE OF THE DEVICE OR SERVICE UNLESS DUE TO
OUR SOLE AND GROSS NEGLIGENCE. YOU ALSO AGREE TO PAY OUR
REASONABLE ATTORNEYS’ AND EXPERT WITNESS FEES AND COSTS
INCURRED IN ENFORCING THIS AGREEMENT, INCLUDING THROUGH
ANY APPEAL, EXCEPT AS PROVIDED OTHERWISE IN THIS AGREEMENT. USE OF YOUR DEVICE WHILE OPERATING A MOTOR VEHICLE
OR IN A DISTRACTED OR NEGLIGENT MANNER MAY BE PROHIBITED
OR RESTRICTED BY LAW IN SOME AREAS. IT IS YOUR RESPONSIBILITY TO CONFORM TO ALL SUCH LAWS OR REGULATIONS AND YOU
SHALL INDEMNIFY US FROM CLAIMS ARISING FROM ANY SUCH UNLAWFUL USE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF
THIS AGREEMENT.
33. No Warranties. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE WE PROVIDE OR ANY SERVICES PROVIDED BY ANY
THIRD PARTIES, AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING
OGO_legal.indd, Spread 23 of 28 - Pages (34, 23) 7/26/04 1:42 PM
34
FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS). WE AND ANY
UNDERLYING CARRIER ARE NOT LIABLE FOR
SERVICE OUTAGES, LOSS OF DATA, INABILITY TO RETRIEVE DATA SERVICE LIMITATIONS
OR INTERRUPTIONS, AS DESCRIBED ABOVE,
ECONOMIC LOSS OR INJURIES TO PERSONS
OR PROPERTY ARISING FROM USE OF THE
SERVICE, THE DEVICE, OR ANY EQUIPMENT
USED IN CONNECTION WITH THE DEVICE UNLESS ARISING FROM OUR SOLE AND GROSS
NEGLIGENCE. OUR LIABILITY AND THE LIABILITY OF ANY UNDERLYING CARRIER ARISING FROM ANY SUCH SOLE AND GROSS NEGLIGENCE SHALL IN NO EVENT EXCEED OUR
SERVICE CHARGES DURING THE AFFECTED
PERIOD. WE AND ANY UNDERLYING CARRIER
ARE NOT LIABLE FOR ANY INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUCH
AS LOST PROFITS. YOU AND WE BOTH WAIVE
TO THE FULLEST EXTENT ALLOWED BY LAW,
ANY CLAIMS TO RECOVER INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. WE
ARE NOT LIABLE FOR THE INSTALLATION
OR REPAIR OF THE DEVICE BY ANY PARTIES WHO ARE NOT OUR EMPLOYEES. SOME
other phone number, you will be charged for the entire time that our
switch handles the call. While on our owned and operated network,
there is no charge for busy or unanswered calls if you end the call
within 30 seconds. Service may be billed in a subsequent month due
to delayed reporting between carriers and will be charged as if used
in the month billed.
16. Data Charges. If your Device is compatible you are responsible
for all data usage sent through our network and associated with the
Device, regardless of whether the Device actually receives the information. If you choose to connect your device to your PC for use as
a wireless modem, standard data charges will apply in accordance
with your plan. Utilizing compression solutions may or may not impact
the amount of kilobytes for which you are billed. Mobile Internet service will be calculated and billed in kilobytes. One megabyte equals
1024 kilobytes. One kilobyte equals 1024 bytes. All data usage will be
compiled as often as once per hour or only once every 24 hours. Our
system will then create individual billing records representing (a) the
data usage for each data gateway or service accessed (e.g. WAP,
RIM) while on our network, (b) the usage for each carrier’s domestic
network, and (c) the data usage for each international network. Each
billing record will be rounded up to the next kilobyte and the charge
will be rounded up to the nearest cent. In some situations billing for
data usage may be delayed; any delayed usage will create additional
billing records for the actual day of the usage.
17. Taxes, Surcharges and Other Fees. Various taxes, sur-
OGO_legal.indd, Spread 24 of 28 - Pages (24, 33) 7/26/04 1:42 PM
24
charges, fees, and other assessments (e.g.,
universal connectivity charge) are imposed
by governments relating to the Service we
provide to you, goods or services you purchase, and the wireless network and equipment used in providing the Service. We will
determine, in our reasonable discretion, the
taxes and other assessments that you are
responsible to pay and the amounts of such
charges, which may vary. You are responsible
for paying these taxes and other assessments,
regardless of whether they are assessed on
you or us. To determine which jurisdictions’
wireless telecommunications service taxes
and other assessments to collect, federal law
requires us to obtain your Place of Primary
Use (“PPU”), which must be your residential
or business street address and must be within
our licensed service area. You agree to provide
us your PPU and to notify us of any changes in
your PPU. If you do not provide us with an appropriate PPU, we may reasonably designate
one for you. On certain Rate Plans, your PPU
must be your residential address.
18. Regulatory Programs Fee. In addition to other charges, you may also be
ing out of this Agreement must be brought within TWO YEARS after
the cause of action arises, or within the applicable statutory period
of time, whichever is shorter. This limitations period does not apply
to any cause of action when the statutory limitations period for that
cause of action cannot be waived, restricted or otherwise limited
by you.
LIMITATIONS
30. Limitations. The parties intend that the limitations on liability,
warranty and damage awards provided for in this Agreement will
apply to the fullest extent allowed by law. Some jurisdictions do not
allow the exclusion of certain warranties or the waiver, limitation or
exclusion of liability for punitive, incidental or consequential damages, or for intentional or willful conduct in some circumstances.
To the extent that any of these limitations are not permitted by applicable law, they will not apply to you.
31. Limitation of Liability. WE ARE NOT LIABLE FOR ACTS OR
OMISSIONS OF ANOTHER SERVICE PROVIDER OR ANY THIRD PARTY
PROVIDERS OF SERVICES RELATED TO USE OF THE DEVICE OR SERVICE, FOR INFORMATION PROVIDED THROUGH YOUR DEVICE, LACK
OF PRIVACY OR SECURITY EXPERIENCED WHEN USING THE DEVICE,
OR MODIFICATION, OR OTHER CAUSES BEYOND OUR REASONABLE
CONTROL, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS
THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR
OGO_legal.indd, Spread 25 of 28 - Pages (32, 25) 7/26/04 1:42 PM
diction where your billing address is located.
For arbitrations in excess of $75,000, all
administrative fees and expenses of arbitration will be divided equally between you and
us. In all arbitrations, each party will bear
the expense of its own counsel, experts, witnesses and preparation and presentation of
evidence at the arbitration.
32
28. Waiver of Class Actions and Jury
Trials. By this Agreement, both you and we
are waiving certain rights to litigate disputes
in court. You and we both agree that any arbitration will be conducted on an individual
basis and not on a consolidated, class wide
or representative basis. If for any reason
this arbitration clause is deemed inapplicable or invalid, or to the extent this arbitration clause allows for litigation of disputes in
court, you and we both waive, to the fullest
extent allowed by law, any rights to trial by
jury and to pursue any claims on a consolidated, class wide or representative basis.
29. Limitations Period. Any arbitration
or legal action with respect to any and all
claims or causes of action related to or aris-
assessed a Regulatory Programs Fee, which is a monthly charge
created, assessed and collected by AT&T Wireless to help defray our
costs for compliance with various regulatory requirements which include, but are not limited to, the capability to provide wireless number
portability, number pooling and 911 enhancements in our network,
which may not yet be available to subscribers in your area. Some of
these programs may not yet be available to subscribers. This fee is
not a tax or a government-required charge. In our discretion, we may
change the amount of the Regulatory Programs Fee.
19. Billing and Payment. We will provide your bill in a format we
choose, which may change from time to time. Payment of all charges
is due upon receipt of invoice or, if a dollar limit is placed on your account, upon notice by us that your account has exceeded the limit. A
fee may be charged for additional copies of bills, or billing in another
format, including the detailed billing option, and certain services rendered at our stores. You will receive one bill for all Service associated
with each Device and any charges of a third party on whose behalf
we bill. Billing cycle end dates may change from time to time. When
a billing cycle covers less than or more than a full month, we may
make reasonable adjustments and prorations. If you have authorized payment by credit card, no additional notice or consent will be
required for billings to that credit card for all amounts (including late
charges and cancellation fees). You must promptly notify us of any
change in your invoicing address or changes related to the credit
card used for payment. Your payment obligations survive any termination of this Agreement.
OGO_legal.indd, Spread 26 of 28 - Pages (26, 31) 7/26/04 1:42 PM
26
20. Late Payments/Disputes. Time is of
the essence for payment. Therefore, to the
extent permitted by law, you agree to pay us
a late fee for amounts unpaid 20 days after
the date of the invoice of 1.5% (AK 0.875%,
AR 0.42%, NE 1.33%, WI 1.0%) a month. Acceptance of late or partial payments (even if
marked “Paid in Full”) shall not waive any of
our rights to collect the full amount you owe
to us. For any check or electronic payment
returned for nonpayment or for any credit
card chargebacks, we will assess an additional fee not to exceed $25, or such lower
amount as permitted by applicable law and
we may, without notice to you, suspend Service and/or terminate this Agreement, in addition to all other remedies. All amounts due,
including disputed amounts, must be paid
by the due date regardless of the status of
any objection. Payments will be applied first
to amounts owed to us and then to amounts
owed to third parties. All communications
concerning disputed amounts owed, including any instrument tendered as full satisfaction of the amounts owed, or stipulating any
other conditional action, agreement or proposed resolution of any dispute must be (i) in
days. The arbitration of any dispute or claim shall be conducted
in accordance with the American Arbitration Association (“AAA”)
under the Wireless Industry Arbitration Rules (“WIA Rules”), as modified by this Agreement. The WIA Rules and information about arbitration and fees are available upon request from the AAA on line at
www.adr.org. Unless you and we agree otherwise, any arbitration
will take place in the county seat for the county in which your billing
address is located. At either party’s election, the arbitration shall be
held telephonically. An arbitrator may award any relief or damages
(including injunctive or declaratory relief) that a court could award,
except an arbitrator may not award relief in excess of or contrary to
what this Agreement provides and may not order relief on a consolidated, class wide or representative basis. In any arbitration applying the WIA Rules applicable to large/complex cases, the Arbitrators
must also apply the Federal Rules of Evidence, and the losing party
may have the award reviewed in accordance with the review procedures set forth in the WIA Rules. Judgment on any arbitration award
may be entered in any court having proper jurisdiction. Except for
restrictions on class or representative relief, if any portion of this
arbitration clause is determined by a court to be inapplicable or
invalid, then the remainder shall still be given full force and effect.
27. Costs of Arbitration. For claims of less than $1,000, you will
be obligated to pay $25 and we will pay all other administrative
costs and fees. For claims over $1,000 but under $75,000, you will
be obligated to pay your share of the arbitration fees, but no more
than the equivalent court filing fee for a court action filed in the juris-
OGO_legal.indd, Spread 27 of 28 - Pages (30, 27) 7/26/04 1:42 PM
30
U.S.C. §§ 1-16). The FAA, not state law, governs whether a claim related to this Agreement is subject to arbitration. This provision
is intended to be interpreted broadly to encompass all disputes or claims, including
those against any subsidiary, parent or affiliate companies, arising out of any aspect of
our relationship (including but not limited to
this Agreement, our Privacy Policy, Acceptable Use Policy or the Service or any equipment used in connection with the Service).
All such disputes or claims whether based
in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be
resolved by binding arbitration except that
(1) you may take claims to small claims court
if they qualify for hearing by such a court, or
(2) you or we may choose to pursue claims
in court if the claims relate solely to the collection of any debts you owe to us.
26. Arbitration Procedures. You must
first present any claim or dispute to us
by contacting Customer Care to allow us
an opportunity to resolve the dispute.
You may request arbitration if your claim
or dispute cannot be resolved within 60
writing, (ii) marked “Billing Dispute” on the outside of the envelope,
(iii) sent to the address provided in the Notices section below, and (iv)
received by us within 60 days after receipt of the invoice.
PRIVACY
21. Our Privacy Policy. In addition to the specific terms of this
Agreement, we encourage you to learn more about our general
privacy practices by reading our Privacy Policy at www.attwireless.
com/privacy.
22. Consents. You consent to our release of information about you
and your use of Service when we believe release is appropriate to
(i) comply with the law (e.g. a lawful subpoena, E911 information),
(ii) enforce or apply our customer agreements, (iii) initiate, render,
bill and collect for Services, (iv) protect our rights or property, or to
protect users of those Services and other carriers from fraudulent,
abusive, or unlawful use of, or subscription to, such Services, or (v)
facilitate or verify the appropriate calculation of taxes, fees or other
obligations due to a local, state or federal government.
We may also release information about you if we reasonably believe
that an emergency involving immediate danger of death or serious
physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. You consent to
our monitoring of any communication to or from you or your Device
OGO_legal.indd, Spread 28 of 28 - Pages (28, 29) 7/26/04 1:42 PM
to protect our rights or property or those of
our customers, as well as for quality control
and service related purposes.
Your caller identification information (such as
your name and wireless number, including
area code), may be displayed on the equipment or bill of the person receiving your call.
28
You consent to our use of regular mail, predictive or autodialing equipment, e-mail,
SMS, facsimile or other reasonable means to
contact you to advise you about our services
or other matters we believe may be of interest to you. In any event, we reserve the right
to contact you by any means regarding customer service-related notifications, or other
such information. You consent to receiving
advertising, alerts and other broadcast messages from us or our authorized agents.
23. Customer Proprietary Network Information (CPNI) Consent. Under federal law, you have a right, and we have a
duty, to protect the confidentiality of information about your telephone usage, the services you buy from us, who you call, and the
location of your device on our network when you use the Service.
We will obtain your consent in advance if we ever plan to share
this information with AT&T Wireless affiliates whom provide communications-related services, joint venture partners and independent
contractors to develop or bring to your attention communicationsrelated products and services. Declining consent will not affect your
current Service or the provisions of paragraphs 5, 22 or 24.
24. Business Transfer. You consent to disclosure of your CPNI or
other personal information, in connection with any merger, acquisition or sale of our assets or transition of service to another provider,
as well as in the event of an insolvency, bankruptcy or receivership
in which personal information would be transferred as one of our
business assets.
RESOLUTION OF DISPUTES
PLEASE READ. IT IS IMPORTANT THAT YOU READ THIS SECTION
CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF
MOST DISPUTES THROUGH FINAL AND BINDING ARBITRATION
INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A
CLASS ACTION. THIS ARBITRATION CLAUSE SHALL SURVIVE
TERMINATION OF THIS AGREEMENT.
25. Binding Arbitration. The arbitration process established by
this section is governed by the Federal Arbitration Act (the “FAA”) (9

---

Source Exif Data:

File Type                       : PDF
File Type Extension             : pdf
MIME Type                       : application/pdf
PDF Version                     : 1.3
Linearized                      : Yes
Page Count                      : 28
XMP Toolkit                     : XMP toolkit 2.9.1-13, framework 1.6
About                           : uuid:261f5b3c-df46-11d8-bedb-000393ac22e2
Create Date                     : 2004:07:19 18:31:55Z
Metadata Date                   : 2004:07:26 16:55:38-04:00
Modify Date                     : 2004:07:26 16:55:38-04:00
Creator Tool                    : Adobe InDesign CS (3.0.1)
Rendition Class                 : proof:pdf
Document ID                     : adobe:docid:indd:c863989a-db1b-11d8-bd14-c7909b0ad77d
Derived From Instance ID        : c8639899-db1b-11d8-bd14-c7909b0ad77d
Derived From Document ID        : adobe:docid:indd:c8639894-db1b-11d8-bd14-c7909b0ad77d
Format                          : application/pdf
Title                           : printer spreads.indd
Trapped                         : False
Creator                         : Adobe InDesign CS (3.0.1)
Producer                        : Adobe PDF Library 6.0

EXIF Metadata provided by EXIF.tools