AT&T | EverThere | User guide | AT&T EverThere User guide

User Guide
Welcome To Care
That’s There
Thank you for choosing AT&T EverThere.
You’ll soon enjoy new freedom and a more
independent way of life.
This user guide provides key information
about EverThere, including Important Safety
Information. Please review it carefully and
keep it nearby for reference.
This user guide also contains your EverThere
Customer Agreement. By opening, using,
or registering AT&T EverThere, you accept
that Agreement, which requires the use of
arbitration.
If you have questions that are not addressed
in the user guide, please call the Care Center.
A larger print version of this document is
available for download at att.com/EverThere,
in the Helpful Information section.
2
Contents
Welcome................................................................... 2
About EverThere.................................................... 4
What’s in the Box.................................................... 4
AT&T EverThere Overview................................... 4
Charger Overview................................................... 5
Important Safety Information............................. 5
Turning On and Off................................................ 6
Activation and Set Up............................................ 6
Battery Indicator..................................................... 7
Cellular Indicator.................................................... 7
Emergency Calls..................................................... 8
Place a Call Manually.......................................... 8
Automatic Call if a Fall is Detected................ 8
Audio Messages...................................................... 9
Wearing AT&T EverThere..................................... 9
Attaching Belt Clip or Lanyard/Clip.............. 9
Removing the Clip............................................... 9
Specifications........................................................ 10
AT&T EverThere CustomerAgreement...........11
Numera Warranty.................................................26
FCC Part 15.............................................................. 27
Package Disposal.................................................28
Battery Guidelines................................................28
Device Disposal.....................................................28
Symbols Used........................................................29
Exchanges/Returns.............................................29
3
About AT&T EverThere
AT&T EverThere Overview
AT&T EverThere is portable peace of mind—
24/7 connection and protection, wherever
you are, whenever you need it. With AT&T
EverThere, help is just a button push away, in
the home or on the go.
1. Cellular Indicator
AT&T EverThere uses sophisticated fall
detection technology that is fast, accurate,
and reliable. In the event of a fall, you are
put in contact with our Care Center, who
will notify appropriate responders, as well
as your loved ones. GPS (Global Positioning
Satellite) technology determines your
location. With AT&T EverThere, help is only
moments away.
2. Battery Indicator
3. Call Button
4. Speaker
5. Microphone
1. Cellular indicator shows cellular signal
strength
1. Battery indicator, which surrounds the call
button, shows battery status
1. Call button, when pushed, initiates a twoway call to the Care Center
What’s in the Box
1. Speaker allows you to hear the Care
Center
1. Microphone allows response team to hear
you
EverThere
Charger
Power Cord
Lanyard
6. Clip Lock
Belt
Clip
Quick
Start
User
Guide
7. Charging Pins
1. Clip lock enables you to affix a lanyard clip
or belt clip
1. Charging pins connect AT&T EverThere to
the charger
4
Charger Overview
dense urban areas can make it difficult
for satellites and cell phone towers to
locate your exact location. In an
emergency, please provide the Care
Center with as much information as
possible about your location.
1. Power Port
2. Power Cord
1. Power port is where the low voltage barrel
connector of the power cord connects to
the charger
!
!
1. Power cord connects the charger’s power
port to a standard wall outlet
Important Safety
Information
!
!
!
!
or proper operation, AT&T EverThere
F
requires adequate cellular coverage.
Poor cellular coverage may result in the
inability to place a call, automatically
detect a fall, and/or properly locate you
automatically during an emergency.
Check with the Care Center for known
coverage limitations.
T&T EverThere is not a replacement
A
for regular contact with caregivers or
access to an alternative means of
placing an emergency call.
I f you experience a fall that causes
actual or potential injury, do not wait
for the automatic call. You should
always press the call button manually if
you are able.
s with all location-based services, it
A
may not always be possible to
determine your location. Multi-level
buildings, parking garages, and even
!
!
!
!
T&T EverThere requires adequate
A
battery charge for proper operation.
Low battery may result in the inability
to place a call, automatically detect a
fall, and/or properly locate you
automatically during an emergency.
T&T EverThere is designed to be worn
A
in the shower, not bath. Usage other
than as directed may result in the
inability to place a call, automatically
detect a fall, and/or properly locate you
automatically during an emergency.
se only the AT&T-provided charger
U
and power cord. Keep charger and
power cord away from water.
ocate AT&T EverThere and power
L
cord lines in a place where no one can
trip on a cord. Make sure that cords are
not frayed, walked upon, or pinched by
other objects.
Use only the AT&T-provided lanyard.
o reduce risk of strangulation, the
T
AT&T EverThere lanyards are designed
to break apart under certain
conditions. Any cord worn around the
neck, however, can pose a risk of
strangulation, including the possibility
of death and serious injuries. AT&T
EverThere users who use wheelchairs,
walkers, beds with guard rails, or other
protruding objects upon which the
cord can become tangled should take
extra care with the lanyard to ensure
that it does not get caught or tangled.
5
!
o not modify AT&T EverThere in any
D
way.
Activation and Set Up
!
o not dismantle AT&T EverThere at
D
any time, as this will void the warranty.
ÂStep
Â
1: Activate and Set Up AT&T
EverThere
!
T&T EverThere is not ready for use
A
until it is activated.
1. Plug the small round end of the power
cord into the power port located in the
back of the charger. Plug the large end of
the power cord into a standard wall outlet.
!
!
!
he battery in AT&T EverThere is not
T
designed to be removed or replaced.
There is a risk of explosion, possible
injury, death or other serious adverse
reactions if the battery is tampered
with, replaced with an incorrect type or
manipulated in any way.
old AT&T EverThere a minimum of 1
H
inch away from your body with the
microphone near your mouth to
complete an emergency call.
lease read this entire User Guide
P
carefully.
Turning On and Off
To turn AT&T EverThere on, press the call
button and hold it until the battery indicator
flashes. AT&T EverThere will play music
while it starts up. Once connected, AT&T
EverThere will play a message: “Your AT&T
EverThere is ready.”
Placing AT&T EverThere into the charger will
turn it on automatically.
To turn AT&T EverThere off, press the call
button twice, holding down the second
press for 7 seconds. AT&T EverThere will
play a message announcing that you have
requested to turn it off and then will ask you
to confirm by pressing the call button one
more time. If done correctly, AT&T EverThere
will play the following message: “Powering off
now. Good bye.”
Note: When you first receive AT&T EverThere,
leave it in the charger for 4 hours.
1. Place AT&T EverThere into the charger.
While charging, the cellular and
battery indicators will be
on and show your current
cellular signal strength
and level of battery
charge.
1. AT&T EverThere will automatically turn
on when placed in the charger and will
play a short start up tone, followed by a
message indicating it is ready for its first
use: “We are activating your personal
mobile resonder. We will notify you when
activation is complete.” AT&T EverThere
will automatically receive any updates and,
once activated on the cellular network, will
say: “Activation is now complete. We are
resetting your personal mobile responder
so it is ready for your use. One moment
please.” Allow up to a minute for AT&T
EverThere to restart.
1. AT&T EverThere will then play a message:
“Thank you for your purchase. This is a
reminder you’re being provided service in
accordance to the terms and conditions
detailed in your Customer Agreement.
AT&T EverThere will notify your response
team when it detects a fall. With one touch
of the Call Button, the Care Center will be
available to assist you and will determine
your location so help can reach you.”
1. To register your AT&T EverThere with the
Care Center, AT&T EverThere will say:
“It’s time to meet the Care Center. Please
6
press and hold the call button down to
connect to the Care Center now.”
1. Press and hold the call button until
AT&T EverThere initiates the call. AT&T
EverThere can remain in the charger
during the call to the Care Center.
1. Listen for the audio message: “Calling the
Care Center now. Please hold the device
and position the microphone near your
mouth to complete your call.”
1. When you complete the call with the Care
Center, AT&T EverThere will be set up.
ÂStep
Â
2: Charge AT&T EverThere
1. Leave AT&T EverThere in the charger for 4
hours.
1. Once you’ve charged EverThere for 4
hours and the light is solid green, it is ready
to bring you Care That’s There.
!
Important: AT&T EverThere is not
ready for use until you have completed
the set up call with the Care Center
and, following that call, have charged
AT&T EverThere in the charger for 4
hours.
Note: If AT&T EverThere does not power on
and begin the activation process or cannot
detect a cellular network, call the Care
Center. Contact information can be found on
the back cover of this user guide.
ÂStep
Â
3: Review this User Guide
The User Guide is a helpful resource
that you’ll want to keep handy for future
reference. Along with Important Safety
Information, the User Guide will help you
understand everything that AT&T EverThere
can bring to your life—please review it
carefully!
Battery Indicator
The battery indicator, which surrounds the
call button, shows the level of battery charge.
• When the battery indicator is green, AT&T
EverThere is adequately charged.
• When the battery indicator is amber, you
should charge AT&T EverThere right away.
• When the battery indicator is red, the
battery charge is low. Charge AT&T
EverThere immediately. AT&T EverThere
will not function properly without an
adequate battery charge.
Battery
Indicator
Green
Amber
Status*
Good
Moderate
Red
Low
Action
Required
Ready for use
Charge right
away
Charge now
*The AT&T EverThere battery is designed
to hold a charge for 36 hours but may be
reduced as a result of user activity, cellular
coverage, talk time, device-specific settings,
and device life.
!
Important: AT&T EverThere requires
an adequate battery charge to function
properly. Prior to use, please charge
AT&T EverThere at least 4 hours. Please
review the Important Safety
Information section in this user guide
for more information.
Cellular Indicator
The cellular indicator on top of AT&T
EverThere shows cellular signal strength.
• When the cellular indicator is green, AT&T
EverThere has a strong signal.
• When the cellular indicator is amber, AT&T
EverThere has a moderate signal.
7
• When the cellular indicator is red, AT&T
EverThere has no signal. Move to an area
where you get a cellular signal. AT&T
EverThere will not function properly
without an adequate cellular signal.
Indicator
Green
Strength*
Strong
Amber
Moderate
Red
No signal
*A cellular signal may not be available in all
areas
!
Important: AT&T EverThere requires
an adequate cellular signal to function
properly. Check with the Care Center
for known coverage limitations. Please
review the Important Safety
Information section in this user guide
for more information.
Automatic Call if a Fall is Detected
When AT&T EverThere detects a potential
fall, it is designed to automatically call the
Care Center:
1. If AT&T EverThere has detected a potential
fall, it will announce: “A fall is detected.
Calling the Care Center now. Please hold
the device and position the microphone
near your mouth to complete your call.”
1. If you have fallen and require assistance,
push the call button once manually
and do not wait for AT&T EverThere to
automatically place the call.
!
Emergency Calls
Place a Call Manually
To make an emergency call yourself using
AT&T EverThere:
!
I mportant: AT&T EverThere requires
adequate battery charge and cellular
signal to make an emergency call.
Some falls may not be detected even
with adequate battery charge and
cellular signal. Please read the
Important Safety Information in this
user guide to ensure proper use.
all detection is not 100% accurate; the
F
call button should be pushed in an
emergency.
ÂStep
Â
1
Press and hold the call button once.
ÂStep
Â
2
Listen for the message: “Calling the Care
Center now. Please hold the device and
position the microphone near your mouth to
complete your call.”
AT&T EverThere is designed so that the Care
Center will answer your call, talk to you to
assess your needs, and notify emergency
services if appropriate.
8
Audio Messages
AT&T EverThere will deliver an alert tone and
the following audio messages to notify you
of system changes.
Audio Message
“Calling the Care
Center now. Please
hold the device
and position the
microphone near
your mouth to
complete your call.”
“Ending your call
now.”
“Charge your AT&T
EverThere NOW.
Access to emergency
help will be lostbattery critically low.
Please place your
AT&T EverThere in the
charger now.”
AT&T EverThere
battery charge is
critically low; place
AT&T EverThere
in the charger
immediately and
leave in charger for
4 hours.
Meaning
AT&T EverThere
is establishing a
connection with the
* Not all audio messages are enabled by
Care Center.
Wearing Libris default – the Care Center can turn off certain
audio messages.
Libris can be worn on a belt using
the Belt Clip, or as a pendant around
Wearing AT&T EverThere
your neck using the Lanyard/Clip.
The connection with
the Care Center
is Belt ClipAT&T
Attaching
or EverThere can be worn on a belt using
ending. Lanyard/Clip
the belt clip, or as a pendant around your
neck using the lanyard clip.
“A fall is detected.
AT&T EverThere
1. Align the notched side of the Clip
Calling the Care
has detected
a fall
with
the notched area on the
Center now. Please
and is automatically
back.
Attaching Belt Clip or Lanyard/Clip
hold the device
calling the Care
and position the
Center. 2. Press inward
1. Align the notched side of the
until
the
Clip
microphone near your
clip with the notched area on
notches are
mouth to complete
the back.
nested
within
your call.”
the Libris
2. Press inward until the clip
“Your AT&T EverThere Warning that
notches.
notches are nested within the
is powering off and
pushing the call
notches.
3.AT&T
FirmlyEverThere
push the Clip
toward the
access to emergency button again will
3.topFirmly
push
the Clip toward the
of
the
device.
help will be lost.
turn AT&T EverThere
of thewhen
device.
It istopsecure
Please confirm by
off and access to
It
is
secure
youclip
heartoward
a clickwhen
or
3. Firmly push
the
pressing the call
emergency help will
31
you
hear
alonger
click or
you
can
no
the top of the device. It is
button again.”
be lost.
can
no longer
seeyou
the
notches
on
secure when you
hear
a click
“The Care Center is
Your response team
see
the
notches
on
the
Clip.
or you can no longer see the
initiating a call. They
is calling your AT&T
the Clip.
notches on the clip.
will be with you in a
EverThere.
moment.”
Removing the Clip
“Charge your AT&T
EverThere soon.”
AT&T EverThere
battery charge is
low; place AT&T
EverThere in the
charger for 4 hours.
Removing
the Clip
Removing the
Clip
1. Hold
Libris in your hand as shown,
1.with
Hold
inButton
your hand
as shown,
theLibris
Call
facing
the
1. Hold AT&T EverThere
inCall
your
hand
with
the
Button
facing
the
ofcall
yourbutton
hand.
as shown, withpalm
the
palm of your hand.
2. Forcefully
push
facing the palm
of your
hand.
2.downward
Forcefullyonpush
1. Forcefully push
downthedownward
Clip with on
the
Clip with
ward on the clip
yourwith
thumb.
your thumb. your thumb.
32
32
9
!
I mportant: AT&T EverThere requires a
vertical position with the call button
facing away from the body to operate
properly. Please review the Important
Safety Information section in this user
guide for more information.
Specifications
Your new AT&T EverThere is designed to the
following specifications:
Wide Area
Cellular
Connectivity
Location
Services
Audio
Automatic Fall
Detection
Fall Detection
Analysis
Battery Life
2G GSM & 3G
WCDMA quad-band
850/900/1800/
1900MHZ
GPS and telco locationbased services (AGPS)
where adequate signals
exist
Full duplex
speakerphone with 90db
+/-2db up to 1 meter
from device
4 sensors
Primary/secondary
accelerometers,
magnetometer and
gyroscope for free-fall
and 3-dimensional space
analysis
Fall detection
identification based on
proprietary algorithms
and class libraries
establishing individual
activity profiles and
learning augmentation
36-hour standby battery
life; battery life may be
reduced as a result of
user activity, cellular
coverage, talk time,
device-specific settings,
and device life
Battery Indicator Light indicates level of
battery charge
<< Green: adequately
charged
<< Amber: moderately
charged
<< Red: low charge
Manual Alert
Mechanical touch button
initiates call to the Care
Center
Cellular Indicator Light indicates cellular
signal strength
<< Green: Strong signal
<< Amber: Moderate
signal
<< Red: No signal
Environment
Water resistant;
designed to be worn in
the shower. (IP67).
Shatter-resistant from 2
meters (IK06).
Dimension
Casing
Weight
Certifications
Operational at
temperatures from
-15°C to 45°C ; maximum
charging temperature
29°C.
66 x 40 x 19mm (without
belt clip or lanyard clip)
Polycarbonate thermal
plastic casing with IK06
rating
49 grams
Federal Communication
Commission (FCC),
Certificate of European
Conformity (CE),
Certified Mobile
Operator (PTCRB)
10
AT&T EverThere Customer
Agreement
Welcome to AT&T EverThere!
By opening, using, or registering an AT&T
Mobile Personal Emergency Response
System (“mPERS”) device or service, you
agree to be bound by the terms of this
Agreement. Please read the Agreement
carefully. Some key terms include:
• AT&T EverThere is not a medical device
and does not provide medical advice,
which should be obtained from qualified
medical personnel;
• AT&T will provide you with equipment,
wireless service, and 24/7 monitoring
service;
• The “Services” are provided solely within
the United States, Puerto Rico and the US
Virgin Islands;
• You must follow the AT&T policies that
apply to the services you select. AT&T
policies are available online at att.com and
att.com/EverThere;
• After your AT&T equipment has been
activated and tested, we will monitor
signals from your device. We monitor
signal information over the AT&T wireless
network;
• Our goal is to provide you with excellent
customer service using a commercially
reasonable level of skill and care, and we
hope that you enjoy using our service. We
cannot promise you that our monitoring
center (also referenced as our “Care
Center”) will always receive signals, that
our monitoring center agents will be
able to reach an emergency responder
in response to every signal, or that our
monitoring service can prevent an
incident. Because we cannot make this
promise to you, this Agreement limits our
potential liability to you and your remedies
in the event of a dispute;
• We hope we address all of your service
needs. If we have a dispute, we agree
to resolve it using individual arbitration
instead of a jury trial or class action;
• You agree to notify us about any issue with
your equipment within at least one year
from activation. We also agree to notify
each other about any other dispute within
at least one year from the time the dispute
arose;
• We are committed to provide you with
working equipment, and we will repair or
replace equipment that fails to operate
within the one year warranty guidelines,
subject to the details in this Agreement;
• We bill for our services monthly. If you
think there is a problem with your bill,
please tell us immediately. Disputes
regarding billing must be raised within
one hundred (100) days from the date of
the bill, or the dispute is waived. If you do
not pay your bill, we will not continue to
provide you with service.
1. Who are the Parties to this Agreement?
This Agreement is between You and AT&T
Mobility, LLC. You are at least 18 years
old. You have the authority to consent
to this Agreement, and consenting to
this Agreement will not violate any other
agreement. “You” or “Your” refer to the
person buying and/or using or registering
the Equipment or Service(s) described
below, as well as any third-party end user for
whom the person who buys and/or registers
the Equipment or Services. “The Company,”
“we,” “our,” “us,” or “AT&T” refers to AT&T
Mobility, LLC.
2. What Documents Make Up This
Agreement?
11
This Agreement consists of the terms and
conditions in the User Guide, located in
Your device box and available on att.com,
along with the terms and conditions in the
Customer Service Summary and/or any rate
plan or features brochures applicable to the
services You have selected.
3. How are the Terms and Conditions
of this Agreement Accepted by the
Parties?
The Agreement is contained within the
device packaging, which has been shrinkwrapped. Both Parties will have accepted
this Agreement and be bound by its terms
once the shrink-wrap is removed and the
device packaging opened. You agree that
opening the shrink-wrap—or by otherwise
using or registering the mPERS device or
EverThere service—constitutes Your legally
binding acceptance of the Agreement. If You
have purchased, opened, registered, and/or
activated the Equipment or Services for use
by a third-party end user, You acknowledge
that You have accepted this Agreement
on that person’s behalf, and that person is
legally bound by this Agreement.
If You or the end user do not accept this
Agreement, do not register it or activate it
for service. Instead, return the Equipment in
the original packaging (and all accessories)
for a full refund of your purchased price. You
will not be charged a restocking fee or Early
Termination Fee. If You believe that you were
erroneously charged any such fees, please
contact customer care at 855-324-8077.
4.Consent to Electronic Contact; How
AT&T Communicates with You.
It is important that AT&T be able to contact
You from time to time. To assist AT&T in
reaching You, You agree to give us an email
address (Your “Primary Email Address”). You
consent to receive emails at Your Primary
Email Address for any purpose relating to
this Agreement. You also agree that we may
call You at the phone numbers You supply us,
and You agree that calls may be made using
any method, including automatic telephone
dialing systems, an artificial or recorded
voice, or via text or email messages sent to
a wireless device. If Your wireless provider
charges You for text or email messages, You
are responsible for any such charges.
You agree when You provide us with
a wireless phone number that we are
authorized to send You service related text
messages and service related questions
about your device and service experience
during the term of this Agreement.
You must notify us immediately if Your
Primary Email Address or phone number
changes. You agree to regularly check Your
email for communications from us.
5. Terms Related to Equipment, Software
and Services.
Pursuant to this Agreement, we will provide
You with Equipment, Software, and Services.
“Equipment” refers to all of the products You
buy from us to access and use the Services.
“Wireless Service” refers to AT&T’s wireless
network. “Monitoring Service” refers to the
service AT&T supplies for customer care.
“Service” includes the Wireless Service, the
Monitoring Service, and any other service
provided by AT&T under the terms of this
Agreement.
We will give You receipts when You buy
Equipment. We will also include packing
lists when we ship Equipment to You.
For Equipment we ship, You will own
the Equipment when it is received, is
operational, and is communicating with
AT&T’s monitoring center. You can review the
Equipment You are using with Your Services
by accessing Your AT&T Account online.
You agree to use the Equipment only for the
Services pursuant to this Agreement and not
to attempt to modify or repair the Equipment
12
yourself. We will repair or replace damaged
Equipment as explained herein. If the
Equipment becomes damaged due to Your
intentional acts or negligence as reasonably
determined by us, You will be responsible for
paying for the repair or replacement of the
Equipment. You agree that only AT&T or our
agents may service the Equipment.
The Services and Equipment use and
include certain software and/or firmware
(collectively, the “Software”). Your use of
the Equipment constitutes Your consent
to any license terms associated with the
Equipment, Software, or Services. We may
provide Software upgrades, updates, or
supplements. You agree that we have the
unrestricted right, but not the obligation,
to upgrade, update, or supplement the
Software at any time.
The Services and Equipment use the AT&T
wireless data network (“network”). You
must have access to the network to receive
Services from us. AT&T does not guarantee
availability of its wireless network. Services
may be subject to certain Equipment and
compatibility/limitations including memory,
storage, network availability, coverage,
accessibility and data conversion limitations.
Services (including without limitation,
eligibility requirements, plans, pricing,
features and/or service areas) are subject
to change without notice. When outside
AT&T’s coverage area, the functionality
of the Equipment and/or Service may be
limited or unavailable. Coverage areas
vary between AT&T network technologies.
See coverage map(s), available at store
or from your sales representative, for
details or the coverage map at www.att.
com/coverageviewer. There are gaps in
service within the Wireless Services areas
shown on coverage maps, which, by their
nature, are only approximations of actual
coverage. Performance may be impacted by
transmission limitations, terrain, in-building
/ in-vehicle use and capacity constraints.
AT&T’s wireless services are not equivalent to
wireline Internet.
AT&T also reserves the right to withhold
access to Wireless Services or its network
at any time, without notice, in the case of
non-payment, improper modification of the
Equipment or Software, or if AT&T reasonably
suspects fraud or other misuse of the
Equipment or Services.
6.Information Tracking and Sharing.
AT&T collects various information about
You and Your use of the Services, including
but not limited to information about the
approximate location of your Equipment
in relation to our cell towers and the Global
Positioning System (GPS). You agree that
all such information may be provided to
emergency responders or Your emergency
contracts as we reasonably believe is
necessary or would be helpful to them in
providing you with assistance.
In addition, we use Your location information,
as well as other usage and performance
information also obtained from our network
and your Equipment, to provide you with
Service, and to maintain and improve our
network and the quality of your wireless
experience. We may also use location
information to create aggregate data
from which your personally identifiable
information has been removed or obscured.
Such aggregate data may be used for a
variety of purposes such as scientific and
marketing research and services such
as vehicle traffic volume monitoring. It is
your responsibility to notify users on your
account that we may collect and use location
information from Equipment. Please visit
att.com/privacy to review the terms and
conditions and the associated privacy policy
to learn how AT&T handles Your personal
information, including location information.
13
You understand and agree that in
conjunction with employee training, quality
control and the provision of services, we may
monitor and/or electronically record cellular
transmissions related to the Services, as
well as conversations with you or others.
That information and/or recordings or
transcriptions of cellular transmissions
or conversations may be shared with
emergency responders or Your emergency
contacts as we reasonably believe is
necessary or would be helpful to them in
providing you with assistance.
You agree that AT&T is not responsible
for the loss or disclosure of any sensitive
information that You transmit.
7. Monitoring Services.
We will monitor signals from the Equipment
during the term of this Agreement. After
the Equipment is operational, and is
communicating with AT&T’s monitoring
center, we will begin customer monitoring.
You agree to provide us with emergency
contact information and to update that
information. You agree that any person
that You have designated as an emergency
contact is authorized to act on Your behalf,
and has the authority to cancel an alarm
prior to the notification of emergency
responders. We are entitled to rely on Your
emergency contact information and the
instructions of any such person(s). You
acknowledge and agree that we may be
subject to applicable laws and industry
standards designed to reduce false alarms,
and that these may result in practices
and procedures that delay either the
notification of emergency responders or
other verification procedures in response
to monitored alarms. You agree that we
may, in our reasonable discretion, attempt
to contact You and/or persons identified as
verification or emergency contacts to verify
that a signal is not a false alarm. IF WE HAVE
REASON TO BELIEVE THAT NO EMERGENCY
CONDITION EXISTS, WE MAY ELECT, IN
OUR REASONABLE DISCRETION, NOT TO
DISPATCH EMERGENCY AUTHORITIES AND/
OR NOT TO FOLLOW THE NOTIFICATION OR
VERIFICATION PROCEDURES UTILIZED FOR
EMERGENCY CONDITIONS. We shall not be
liable for any failure to contact You or any
person identified as an emergency contact.
You understand that (a) the Equipment
primarily communicates with our
monitoring center over the network; (b)
communications over the network may be
interrupted, delayed or otherwise limited
for a variety of reasons, including poor
cellular coverage, environmental conditions,
unavailability of radio frequency channels,
system capacity, and priority access by
emergency responders in the event of a
disaster or emergency. You understand that
poor cellular coverage or other network
problems may result in an inability to place
a call, automatically detect a fall, and/
or properly locate You in the event of an
emergency. You understand that no form of
monitoring is error-free and that we are not
responsible for any interruption of Services
due to network outages, faulty equipment,
faulty transmission, power outages,
other interruptions in wireless service or
broadband service, systems that have been
tampered with or any damage or destruction
to our equipment or facilities. We are not
required to supply monitoring service to You
while any such interruption continues.
YOU UNDERSTAND AND AGREE THAT
WE WILL NOT RECEIVE ALARM SIGNALS
FROM THE EQUIPMENT IF THE NETWORK
IS NOT WORKING PROPERLY, SIGNALS
ARE INTERRUPTED, OR IF CHANGES
IN THE NETWORK PREVENTS THE
EQUIPMENT FROM COMMUNICATING
WITH THE MONITORING CENTER. YOU
ARE RESPONSIBLE FOR TESTING THE
EQUIPMENT REGULARLY, AND FOR TESTING
14
THE EQUIPMENT AFTER ANY STORM,
POWER OUTAGE, NETWORK OUTAGE,
OR WHEN ANY CHANGES ARE MADE TO
THE NETWORK, IN ORDER TO VERIFY
THE CONTINUED FUNCTIONING OF THE
EQUIPMENT.
You are responsible for complying with
any applicable requirements to test the
Equipment, including notifying the local
emergency responders, if applicable. You
will immediately notify us if You are having
any problems with the Equipment or the
Services. You are also responsible for
ensuring that the Equipment is properly
charged; low battery may result in the
inability to place a call, automatically detect
a fall, and/or properly locate You in the event
of an emergency.
You acknowledge that AT&T EverThere
Equipment and/or Services is not a
replacement for Your regular contact with
caregivers or to access to means of placing
an emergency call. If You experience an
emergency or a fall that causes actual
or potential injury, do not wait for the
automatic call. Instead, always press the
call button manually if You are able, and in
an emergency, provide the response team
with as much as information regarding Your
location.
You further acknowledge that neither
AT&T EverThere nor AT&T employees
provide medical advice. You should always
consult Your physician or other healthcare
professional with any questions regarding
any medical or mental health condition or
for specific guidance regarding nutrition or
physical activity.
8.False Alarms.
In the event a responder is dispatched by
a governmental authority or third party to
respond to an event in which no emergency
condition exists (a “false alarm”), You shall
be solely responsible for and pay any and
all fees and/or fines assessed with respect
to the false alarms. In the event that AT&T is
assessed any fees or fines in connection with
a false alarm concerning You, You agree to
reimburse and indemnify AT&T for any such
fees or fines.
9.Legal Compliance.
You expressly agree that You are subject
to and will comply with all applicable laws
and regulations related to your use of the
Services and the Equipment.
You acknowledge that AT&T may be
required by applicable law to disclose
communications and records stored by
AT&T, including communications related to
your use of the Services and the Equipment,
to government agencies, law enforcement,
or third parties pursuant to court orders or
other legal process. You consent to such
disclosure.
The Software, Services, and Equipment
are protected by trademark, copyright,
patent and/ or intellectual property laws
and international treaty provisions, with
which You agree to comply. You are granted
a limited, personal, non-transferable, nonexclusive, and revocable right to use the
object code of the Software. You shall not
take any action nor allow anyone else to copy,
modify, create a derivative work of, reverse
engineer, reverse assemble, or otherwise
attempt to disclose any Software source.
You agree to comply with all export laws
and restrictions and regulations of the
Department of Commerce, the United
States Department of Treasury Office of
Foreign Access Control (OFAC) of other
United States or foreign agency or authority,
and shall not export or allow the export or
re-export of the Software in violation of
any such restrictions, laws, or regulations.
By downloading or using the Software, You
15
represent that You are not located in, under
the control of, or a national or resident of a
restricted country.
10.Commitment Term.
Your Agreement begins when the Equipment
is activated, operational, and communicates
with AT&T’s monitoring center, and continues
month-to-month or for an eleven-month
term, depending on the plan purchased
(“Term”). AT THE END OF THE TERM,
THIS AGREEMENT WILL AUTOMATICALLY
RENEW ON A MONTH-TO-MONTH BASIS
UNTIL TERMINATED BY YOU OR BY AT&T. IF
TERMINATED, THIS AGREEMENT ENDS ON
THE LAST DAY OF THE APPLICABLE TERM.
If you buy additional Equipment from us
after the Term begins at a discounted or
subsidized price, you agree to restart the
Term from the date of such purchase.
11.Getting to Know Us Period.
Until the Equipment has been registered
and activated for Services, you may return
the Equipment for a full refund of your
purchased price in the event you do not
agree with the terms of the Agreement.
In this instance, You will not be charged a
restocking fee or Early Termination Fee for
returning the Equipment.
You may also return the Equipment and
terminate this Agreement for any other
reason within fourteen days after the
Equipment has been registered and
activated for Services. In this instance, You
will be charged a restocking fee, the greater
of $35 or 10% of the purchase price. You will
not be charged an Early Termination Fee.
If You believe that you were erroneously
charged a restocking fee or Early
Termination Fee, please contact customer
care at 855-324-8077.
12. Early Termination Fee.
If You terminate Services before the end of
the Term, You will pay an Early Termination
Fee (“ETF”). Your maximum ETF will be one
hundred fifty dollars ($150.00), which will
be reduced by four dollars ($4.00) for each
full month You maintain Services before
termination. The ETF is not a penalty; it
is a charge to compensate us for Your
failure to maintain Services for the Term.
It also provides an alternative method of
performance of Your obligation to pay the
monthly service fee.
You will also be charged an ETF if we
terminate Your Services for nonpayment or
default before the end of the Term or if You
terminate Your Services for any reason other
than (a) in accordance with the cancellation
policy; or (b) pursuant to a change of terms
or conditions as set forth below.
In addition to the ETF, in the event of a
termination, You are also responsible
for paying for all applicable taxes and
governmental fees and surcharges, as well
as all other charges and fees imposed by
AT&T that are incurred and owed under
Your Agreement. You agree that there is no
proration of such charges and fees if Service
is terminated on other than the last day of
your billing cycle.
13. Termination.
Either party may terminate this Agreement
at any time after the Term ends with thirty
(30) days’ notice to the other party. We
may terminate this Agreement at any
time without advance notice if we cease
to provide Services in Your area. We may
suspend or terminate Your Services without
advance notice:
a. for any conduct that we reasonably believe
violates this Agreement;
b. if You behave in an abusive, derogatory, or
similarly unreasonable manner with any of
our representatives;
16
c. if we discover that You are underage;
d. if You fail to make all required payments
when due;
e. if we have reasonable cause to believe that
Your Equipment is being used for an unlawful
purpose; in addition, we reserve the right
to contact law enforcement or, in our sole
discretion and without advance notice, to
immediately disable the Services;
f. If Your use of the Equipment or the
Services: (i) is harmful to, interferes with,
or may adversely affect our Services or the
network of any other provider, (ii) interferes
with the use or enjoyment of Services
received by others, (iii) infringes intellectual
property rights, (iv) results in the publication
of threatening or offensive material, or
(v) constitutes spam or other abusive
messaging or calling, a security risk, or a
violation of privacy;
g. if You provided inaccurate credit
information;
h. we believe Your credit has deteriorated
and You refuse to pay any requested
advance payment or deposit; or
i. if AT&T reasonably determines that You
have misused the Equipment or Services,
including but not limited to by failing to
provide updated emergency contact
numbers or by generating an excessive
number of false alarms.
If You accept a new Agreement before
the end of Your original Term, but You
later terminate the new Agreement within
fourteen (14) days as allowed above, the new
Agreement will terminate and You agree
to be bound to the terms and conditions
of Your original Agreement, including any
remaining Term.
In the event AT&T discontinues the Service
or Equipment, AT&T may cancel Your Service
upon thirty (30) days’ notice even if Your
original Term has not yet expired. Upon such
termination, You are relieved of any further
obligations for payment for the Service and
you may keep the Equipment.
14.Charges, Billing, Payment, and Changes
to Terms and Rates.
Not all plans or Services are available for
purchase or use in all sales channels, in all
areas or with all devices.
Charges
You are responsible for paying all charges
for, or resulting from, Services provided
under this Agreement, including any upfront
or activation fees that may apply. You will
receive monthly bills that are due in full. If
the Equipment you order is shipped to you,
your Services may be activated before you
take delivery of the Equipment so that you
can use it promptly upon receipt. Thus,
you may be charged for Services while your
Equipment is still in transit. If, upon receiving
your first bill, you have been charged for
Services while your Equipment was in transit,
you may contact Customer Care at 855-3248077 to request a credit.
Charges may include, without limitation,
monthly service charges; activation,
equipment, and late payment charges;
surcharges; optional feature charges;
reconnection, restoral and reactivation
charges; applicable federal, state, local,
and municipal taxes (however designated),
permitting and regulatory fees, and any
other fees and or surcharges or assessments
of any municipal, local, state, and federal
government, whether assessed directly
upon You or on AT&T. AT&T may also impose
the following other charges, on a per line
basis: (1) federal and state universal service
charges, (2) a Regulatory Cost Recovery
Charge of up to $1.25 to help defray its cost
incurred in complying with obligations
17
and charges imposed by state and federal
telecom regulations, (3) an Administrative
Fee on consumer and Individual
Responsibility User (IRU) lines, and (4)
other government assessments, including
without limitation a gross receipts surcharge
and a Property Tax Allotment surcharge
of $0.20 - $0.45 applied per Corporate
Responsibility User’s assigned number.
These fees are not taxes or governmentrequired charges. Above estimates based
on highest tax/fee/surcharge rates assessed
in your state; actual charges may vary.
See att.com/AdditionalCharges. As noted
above, You are also responsible for any fines
or fees assessed either on You or AT&T in
connection with a false alarm triggered by
Your equipment.
We will use Your billing address to determine
which jurisdiction’s taxes and assessments
to collect. Prices may vary by market. You will
be responsible for paying any government
imposed fees and taxes that become due
retroactively. You must live and have a
mailing address within the network coverage
area to receive Services.
Billing
Except as provided below, monthly Services
and certain other charges are billed one
month in advance, and there is no proration
of such charges if Service is terminated on
other than the last day of Your billing cycle.
You agree to pay for all Services. You initially
will receive a paper bill for Service; however,
we reserve the right to send You an online
bill, instead of a paper bill, for Service in the
future. You remain responsible for paying
Your monthly Services fee even if Your
Services are suspended for nonpayment. We
will not increase Your monthly service fees
during Your Term; however, You may elect
to purchase additional services that may
increase Your monthly fees.
IF YOU DISPUTE ANY CHARGES ON YOUR
BILL, YOU MUST NOTIFY US IN WRITING
AT AT&T BILL DISPUTE, 1025 LENOX PARK,
ATLANTA, GA 30319 WITHIN 100 DAYS OF
THE DATE OF THE BILL OR YOU’LL HAVE
WAIVED YOUR RIGHT TO DISPUTE THE BILL
AND TO PARTICIPATE IN ANY LEGAL ACTION
RAISING SUCH DISPUTE.
You understand and agree that
governmentally imposed fees, whether or
not assessed directly upon You, may be
increased based upon the government’s or
our calculations.
Deposit; Advance Payment
We may require You to make deposits or
advance payments for Services, which we
may offset against any unpaid balance on
Your account. We do not pay You interest
on any advance payments or deposits You
make to us unless required by law. We may
require additional advance payments or
deposits if we determine that the initial
payment was inadequate. Based on Your
creditworthiness as we determine it, we may
establish a credit limit and restrict Services
or features. If Your account balance goes
beyond the limit we set for You, we may
immediately interrupt or suspend Services
until Your balance is brought below the limit.
Any charges You incur in excess of Your limit
become immediately due. If You have more
than one account with us, we reserve the
right to require You to keep all AT&T accounts
in good standing to maintain Services. If
one account is past due or over its limit,
then subject to applicable law, we reserve
the right to interrupt or terminate other
accounts in Your name. We may require
payment by money order, cashier’s check,
or a similarly secure form of payment at our
discretion.
Payment; Late Payment Fee; Collection Fee
You agree that for if You do not pay us on
time or if You pay less than the full amount
18
due, that AT&T reserves the right to charge
a late fee of $5.00 for each month that
payment is not received and/or interest on
the unpaid amount. We also reserve the right
to refer Your account(s) to another party
for collection, and to impose the maximum
amount permitted by applicable law.
delivered by an automatic e-mailing system,
or any other pre-set electronic messages
delivered by any other automatic electronic
messaging system.
We do not waive our rights to collect the
full balance owed to us by accepting partial
payment. We will apply the partial payment
to the outstanding charges in the amounts
that we deem appropriate.
If You use a credit card to pay for Services,
Your use of the card is governed by the
card issuer agreement, and You must
refer to that agreement for Your rights and
responsibilities as a cardholder. If we do not
receive payment from Your credit card issuer
or its agents, You agree to pay all amounts
due upon demand.
If You fail to pay billed charges when due
and it becomes necessary for AT&T to
refer Your account(s) to a third party for
collection, AT&T will charge a collection fee
at the maximum percentage permitted by
applicable law, but not to exceed 18%, to
cover the internal collection-related costs
AT&T has incurred on such account(s)
through and including the date on which
AT&T refer(s) the account(s) to such third
party.
You authorize and agree to contact
from AT&T and/or its outside collection
agencies, outside counsel, or other agents
in connection with all matters relating to
unpaid past due charges billed by AT&T.
You agree that contacts to collect unpaid
past due charges may be made to any
mailing address, telephone number, wireless
number, or any e-mail address, that You have
provided, or may in the future provide, to
AT&T. You agree and acknowledge that any
e-mail address that You provide to AT&T is
Your private address and is not accessible
to unauthorized third parties. For attempts
to collect unpaid charges, You agree that in
addition to individual persons attempting to
communicate directly with You, any type of
contact described above may be made using
pre-recorded or artificial voice messages
delivered by an automatic telephone
dialing system, pre-set e-mail messages
Payment by Credit Card or Check Fee;
Returned Check Fee
If You pay us by check, You authorize us
to collect Your check electronically. You
agree that You may not amend or modify
this Agreement or Your obligations
under this Agreement with any restrictive
endorsements (such as “paid in full”),
or other statements or releases on or
accompanying checks or other payments
accepted by us and any such notations have
no legal effect.
We may charge You a fee for any check or
other instrument (including credit card
charge backs) returned unpaid for any
reason.
Changes in Terms and Rates
We may change any terms, conditions,
rates, fees, expenses, or charges regarding
Your services at any time. We will provide
You with notice of material changes (other
than changes to governmental fees or
surcharges, proportional charges for
government mandates, and any applicable
roaming rates or administrative charges)
either in Your monthly bill or separately.
You understand and agree that State and
Federal Universal Service Fees and other
governmentally imposed fees, whether or
not directly assessed upon You, may be
19
increased based upon the government’s or
our calculations.
IF WE INCREASE THE PRICE OF ANY OF
THE SERVICES TO WHICH YOU SUBSCRIBE,
OR IF WE MATERIALLY DECREASE THE
GEOGRAPHICAL AREA IN WHICH YOUR
RATE PLAN APPLIES (OTHER THAN A
TEMPORARY DECREASE FOR REPAIRS OR
MAINTENANCE), WE’LL PROVIDE YOU WITH
PRIOR WRITTEN NOTICE (EITHER THROUGH
A NOTICE WITH YOUR BILL OR OTHERWISE),
AND YOU MAY TERMINATE THIS AGREEMENT
WITHOUT PAYING AN EARLY TERMINATION
FEE, PROVIDED THAT YOUR NOTICE OF
TERMINATION IS DELIVERED TO US WITHIN
THIRTY DAYS AFTER THE FIRST BILL
REFLECTING THE CHANGE.
If You lose Your eligibility for a particular rate
plan, we may change Your rate plan to one
for which You qualify.
15. Discounts and Promotions.
You may receive certain discounts or other
benefits because You purchase Services
as part of a bundled offering with services
provided by other AT&T affiliates or because
You agree to have the charges for Your
Services, billed (“Joint Billing”) by an AT&T
affiliate company (“Affiliate”). If You change
or disconnect one or more of the services
in the applicable bundle, or if You cancel
Joint Billing Your rates will be adjusted
without advance notice to a rate plan for
which You qualify. If You receive Services
under a promotion, after any promotional
period ends, regular monthly charges for the
Services will apply.
16.Access to Account.
You expressly authorize us to act upon the
direction of a person You have authorized
to make changes to Your account using
authentication information that we
determine is appropriate. Such action may
include providing information about the
account or making changes to Your account.
17. Assignees and Subcontractors.
We may transfer or assign this Agreement
to any other service provider, financial
institution or other entity. Upon assignment
to another service provider, AT&T will be
relieved of any further obligations hereunder.
You may not transfer this Agreement to
someone else unless we approve the
transfer.
18.Dispute Resolution By Binding
Arbitration.
PLEASE READ THIS CAREFULLY. IT AFFECTS
YOUR RIGHTS.
Summary
Most customer concerns can be resolved
quickly and to the customer’s satisfaction
by calling Customer Care at (855) 3248077. In the unlikely event that AT&T’s
customer service department is unable
to resolve a complaint to Your satisfaction
(or if AT&T has not been able to resolve a
dispute it has 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, AT&T
will pay all costs of the arbitration. Moreover,
in arbitration, You are entitled to recover
attorneys’ fees from AT&T to at least the
same extent as You would be in court.
20
In addition, under certain circumstances (as
explained below), AT&T 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 AT&T has offered You to
settle the dispute.
Arbitration Agreement
(1) Except for claims arising from bodily
injury or death, AT&T 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 for mental or emotional distress
or other emotional injury arising from the
economic relationship between us;
• 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.
References to “AT&T,” “You,” and “us” include
our respective subsidiaries, affiliates,
agents, 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,
including, for example, any State agency that
licenses alarm monitoring companies. Such
agencies can, if the law allows, seek relief
against us on your behalf. You agree that,
by entering into this Agreement, You and
AT&T are each waiving the right to a trial
by jury or 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.
(2) 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 AT&T should be addressed to:
Office for Dispute Resolution, AT&T, 1025
Lenox Park Blvd., Atlanta, GA 30319 (“Notice
Address”). The Notice must (a) describe
the nature and basis of the claim or dispute;
and (b) set forth the specific relief sought
(“Demand”). If AT&T and You do not reach
an agreement to resolve the claim within 30
days after the Notice is received, You or AT&T
may commence an arbitration proceeding.
During the arbitration, the amount of any
settlement offer made by AT&T or You shall
not be disclosed to the arbitrator until after
the arbitrator determines the amount, if any,
to which You or AT&T is entitled. You may
download or copy a form Notice and a form
to initiate arbitration at att.com/arbitrationforms.
(3) After AT&T receives notice at the
Notice Address that You have commenced
arbitration, it will promptly reimburse You
for Your payment of the filing fee, unless
Your claim is for greater than $75,000. (The
filing fee currently is $200, but is subject to
change by the arbitration provider. If You
are unable to pay this fee, AT&T will pay it
21
directly upon receiving a written request at
the Notice Address.) The arbitration will be
governed by the Commercial Arbitration
Rules and the Supplementary Procedures
for Consumer Related Disputes (collectively,
“AAA Rules”) of the American Arbitration
Association (“AAA”), as modified by this
Agreement, and will be administered by the
AAA. The AAA Rules are available online at
adr.org, by calling the AAA at 1-800- 7787879, or by writing to the Notice Address.
(You may obtain information that is designed
for non-lawyers about the arbitration
process at att.com/arbitration-information.)
The arbitrator is bound by the terms of this
Agreement. All issues are for the arbitrator
to decide, except that issues relating to the
scope and enforceability of the arbitration
provision are for the court to decide.
Unless AT&T and You agree otherwise, any
arbitration hearings will take place in the
county (or parish) of Your billing address. If
Your claim is for $10,000 or less, we agree
that You may choose whether the arbitration
will be conducted solely on the basis of
documents submitted to the arbitrator,
through a telephonic hearing, or by an inperson hearing as established by the AAA
Rules. If Your claim exceeds $10,000, the
right to a hearing will be determined by
the AAA Rules. Regardless of the manner
in which the arbitration is conducted, the
arbitrator shall issue a reasoned written
decision sufficient to explain the essential
findings and conclusions on which the award
is based. Except as otherwise provided
for herein, AT&T will pay all AAA filing,
administration, and arbitrator fees for any
arbitration initiated in accordance with the
notice requirements above. If, however, the
arbitrator finds that either the substance of
Your claim or the relief sought in the Demand
is frivolous or brought for an improper
purpose (as measured by the standards
set forth in Federal Rule of Civil Procedure
11(b)), then the payment of all such fees will
be governed by the AAA Rules. In such case,
You agree to reimburse AT&T for all monies
previously disbursed by it that are otherwise
Your obligation to pay under the AAA Rules.
In addition, if You initiate an arbitration in
which You seek more than $75,000, the
payment of these fees will be governed by
the AAA rules.
(4) If, after finding in Your favor in any respect
on the merits of Your claim, the arbitrator
issues You an award that is greater than the
value of AT&T’s last written settlement offer
made before an arbitrator was selected, then
AT&T will:
• pay You the amount of the award or
$10,000 (“the alternative payment”),
whichever is greater; and
• pay Your attorney, if any, twice the amount
of attorneys’ fees, and reimburse any
expenses (including expert witness fees
and costs) that Your attorney reasonably
accrues for investigating, preparing, and
pursuing Your claim in arbitration (“the
attorney premium”).
If AT&T did not make a written offer to
settle the dispute before an arbitrator was
selected, You and Your attorney will be
entitled to receive the alternative payment
and the attorney premium, respectively, if
the arbitrator awards You any relief on the
merits. The arbitrator may make rulings
and resolve disputes as to the payment
and reimbursement of fees, expenses, and
the alternative payment and the attorney
premium at any time during the proceeding
and upon request from either party made
within 14 days of the arbitrator’s ruling on the
merits.
(5) The right to attorneys’ fees and expenses
discussed in paragraph (4) supplements any
right to attorneys’ fees and expenses You
may have under applicable law. Thus, if You
would be entitled to a larger amount under
22
the applicable law, this provision does not
preclude the arbitrator from awarding You
that amount. However, You may not recover
duplicative awards of attorneys’ fees or
costs. Although under some laws AT&T may
have a right to an award of attorneys’ fees
and expenses if it prevails in an arbitration,
AT&T agrees that it will not seek such an
award.
(6) The arbitrator may award declaratory or
injunctive relief only in favor of the individual
party seeking relief and only to the extent
necessary to provide relief warranted by
that party’s individual claim. YOU AND AT&T
AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR
ITS INDIVIDUAL CAPACITY AND NOT AS
A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both You and
AT&T agree otherwise, the arbitrator may
not consolidate more than one person’s
claims, and may not otherwise preside
over any form of a representative or class
proceeding. If this specific provision is found
to be unenforceable, then the entirety of this
arbitration provision shall be null and void.
(7) Notwithstanding any provision in this
Agreement to the contrary, we agree that
if AT&T makes any future change to this
arbitration provision (other than a change to
the Notice Address) during Your Term, You
may reject any such change by sending us
written notice within 30 days of the change
to the Arbitration Notice Address provided
above. By rejecting any future change,
You are agreeing that You will arbitrate any
dispute between us in accordance with the
language of this provision.
19.Limited Liability.
IT WILL BE EXTREMELY DIFFICULT TO
DETERMINE THE ACTUAL DAMAGES
THAT MAY RESULT FROM OUR FAILURE
TO PERFORM OUR DUTIES UNDER
THIS AGREEMENT. IF YOU INCUR ANY
LOSS, DAMAGE, INJURY OR OTHER
CONSEQUENCE ARISING DIRECTLY OR
INDIRECTLY FROM ANY OF THE SERVICES
WE PERFORM OR FROM ANY OF THE
EQUIPMENT WE PROVIDE UNDER THIS
AGREEMENT, OR IF IT IS DETERMINED
THAT WE OR ANY OF OUR AGENTS,
EMPLOYEES, SUBSIDIARIES, AFFILIATES
OR PARENT COMPANIES ARE DIRECTLY
OR INDIRECTLY RESPONSIBLE FOR ANY
SUCH LOSS, DAMAGE, INJURY OR OTHER
CONSEQUENCE, YOU AGREE THAT
DAMAGES SHALL BE LIMITED TO THE TOTAL
MONTHLY SERVICE CHARGES THAT YOU
HAVE PAID TO US UNDER THIS AGREEMENT.
THESE AGREED UPON DAMAGES ARE
NOT A PENALTY; RATHER, THEY ARE YOUR
SOLE REMEDY FOR ANY LOSS, DAMAGE,
INJURY OR OTHER CONSEQUENCE, EVEN IF
CAUSED BY OUR NEGLIGENCE, FAILURE TO
PERFORM DUTIES UNDER THIS CONTRACT,
STRICT LIABILITY, FAILURE TO COMPLY
WITH ANY APPLICABLE LAW, OR OTHER
FAULT.
WE DO NOT GUARANTEE YOU
UNINTERRUPTED SERVICE OR COVERAGE.
WE CANNOT ASSURE YOU THAT, IF YOU
FALL, TRIGGER AN ALERT, OR PLACE A CALL,
THAT EMERGENCY RESPONDERS WILL BE
SUMMONED OR THAT YOU WILL BE FOUND.
AT&T MAKES NO WARRANTY, EXPRESS OR
IMPLIED, OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, SUITABILITY,
ACCURACY, SECURITY, OR PERFORMANCE
REGARDING ANY SERVICES, SOFTWARE OR
GOODS, AND IN NO EVENT SHALL AT&T BE
LIABLE, WHETHER OR NOT DUE TO ITS OWN
NEGLIGENCE, for any:
(a) act or omission of a third party;
(b) mistakes, omissions, interruptions, errors,
failures to transmit, delays, or defects in the
Services or Software provided by or through
us;
23
(c) damage or injury caused by the use of
Services, Software, or Equipment, including
use in a vehicle;
(d) claims against you by third parties;
(e) damage or injury caused by a suspension
or termination of Services or Software by
AT&T; or
(f) damage or injury caused by failure or
delay in contacting any emergency service.
Notwithstanding the foregoing, if Your
Service is interrupted for 24 or more
continuous hours by a cause within our
control, we will issue You, upon request, a
credit equal to a pro-rata adjustment of the
monthly Service fee for the time period your
Service was unavailable, not to exceed the
monthly Service fee. Our liability to You for
Service failures is limited solely to the credit
set forth above.
Unless prohibited by law, AT&T isn’t liable
for any indirect, special, punitive, incidental
or consequential losses or damages that
You or any third party may suffer by use of,
or inability to use, Services, Software, or
Equipment provided by or through AT&T or
by any billing disputes under this Agreement,
including loss of business or goodwill,
revenue or profits, or claims of personal
injuries or death.
To the full extent allowed by law, You hereby
release, indemnify, and hold AT&T and its
officers, directors, employees and agents
harmless from and against any and all claims
of any person or entity for damages of any
nature arising in any way from or relating to,
directly or indirectly, service provided by
AT&T or any person’s use thereof (including,
but not limited to, vehicular damage and
personal injury), INCLUDING CLAIMS
ARISING IN WHOLE OR IN PART FROM THE
ALLEGED NEGLIGENCE OF AT&T, or any
violation by You of this Agreement. This
obligation shall survive termination of Your
Service with AT&T. AT&T is not liable to You
for changes in operation, equipment, or
technology that cause your Equipment or
Software to be rendered obsolete or require
modification.
AT&T is not responsible for damages, and
disclaims any warranties, express or implied,
including but not limited to claims relating to
fall detection, GPS, water resistance, battery,
coverage of wireless service, or issues
related to emergency services dispatch.
In particular, AT&T does not manufacture
the Equipment provided to You and thus
provides no warranties, whether express or
implied, regarding Your Equipment.
SOME STATES, INCLUDING THE STATE
OF KANSAS, DON’T ALLOW DISCLAIMERS
OF IMPLIED WARRANTIES OR LIMITS ON
REMEDIES FOR BREACH. THEREFORE, THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. THIS AGREEMENT
GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE
20.INDEMNIFICATION.
IF ANYONE OTHER THAN YOU (INCLUDING
ANYONE WHO MAY USE THE AT&T
EVERTHERE DEVICE AND ACTIVATE
SERVICES), ASKS US TO PAY FOR ANY HARM
OR DAMAGES (INCLUDING PROPERTY
DAMAGE, PERSONAL INJURY OR DEATH,
OR INVASION OF PRIVACY OR ANY
SIMILAR TORT) CONNECTED WITH OR
RESULTING FROM (i) DEALER’S BREACH
OF THIS AGREEMENT OR A FAILURE OF
THE SERVICES, (ii) OUR NEGLIGENCE,
(iii) ANY OTHER IMPROPER OR CARELESS
ACTIVITY OF OURS IN PROVIDING THE
EVERTHERE DEVICE OR SERVICES, OR
(iv) A CLAIM FOR INDEMNIFICATION OR
CONTRIBUTION, YOU WILL PAY US (A) ANY
AMOUNT WHICH A COURT ORDERS US TO
PAY OR WHICH WE REASONABLY AGREE
24
TO PAY, AND (B) THE AMOUNT OF OUR
REASONABLE ATTORNEYS’ FEES AND ANY
OTHER LOSSES OR COSTS THAT WE MAY
PAY IN CONNECTION WITH THE HARM OR
DAMAGES.
As noted above, You also agree to indemnify
AT&T for any fees or fines imposed upon
AT&T in connection with any false alarms
resulting from Services or Equipment
provided to You.
21. Hold Harmless.
IN THE EVENT ANY LAWSUIT OR OTHER
CLAIM IS FILED BY ANY OTHER PARTY
AGAINST US OR OUR AGENTS, EMPLOYEES,
SUBSIDIARIES, AFFILIATES OR PARENT
COMPANIES ARISING OUT OF THE SERVICES
WE PERFORM OR THE EQUIPMENT WE
PROVIDE UNDER THIS AGREEMENT, YOU
AGREE TO BE SOLELY RESPONSIBLE
FOR, AND TO INDEMNIFY AND HOLD US
COMPLETELY HARMLESS FROM, SUCH
LAWSUIT OR OTHER CLAIM INCLUDING
YOUR PAYMENT OF ALL DAMAGES,
EXPENSES, COSTS AND ATTORNEYS’ FEES.
THESE OBLIGATIONS WILL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF
THIS AGREEMENT. THESE OBLIGATIONS
WILL APPLY EVEN IF SUCH LAWSUIT
OR OTHER CLAIM ARISES OUT OF OUR
NEGLIGENCE, FAILURE TO PERFORM DUTIES
UNDER THIS AGREEMENT, STRICT LIABILITY,
FAILURE TO COMPLY WITH ANY APPLICABLE
LAW, OR OTHER FAULT.
22.Time to Seek Action.
YOU AGREE TO INITIATE ANY ACTION YOU
MAY HAVE AGAINST US OR OUR AGENTS,
EMPLOYEES, SUBSIDIARIES, AFFILIATES
OR PARENT COMPANIES WITHIN ONE (1)
YEAR FROM THE DATE OF THE EVENT THAT
CAUSED THE LOSS, DAMAGE OR LIABILITY.
WARRANTY OF ANY KIND WITH RESPECT
TO THE SERVICES WE PERFORM OR THE
EQUIPMENT WE PROVIDE UNDER THIS
AGREEMENT.
24.Assignment.
You may not assign this Agreement without
our written consent.
25.Choice of Law.
This Agreement shall be governed by the
laws of the State of Georgia without regard
to its conflict of law provisions, except to the
extent such law is preempted or inconsistent
with applicable federal law.
26.Entire Agreement.
THIS DOCUMENT CONSTITUTES OUR
ENTIRE AGREEMENT. YOUR ACCEPTANCE
MEANS YOU AGREE WITH ALL TERMS. WE
ARE NOT BOUND BY ANY REPRESENTATION,
PROMISE, CONDITION, INDUCEMENT OR
WARRANTY, EXPRESS OR IMPLIED, THAT
IS NOT INCLUDED IN WRITING IN THIS
AGREEMENT. THE TERMS AND CONDITIONS
OF THIS AGREEMENT APPLY AS PRINTED
WITHOUT ALTERATION OR QUALIFICATION.
THE TERMS AND CONDITIONS OF THIS
AGREEMENT SHALL GOVERN EVEN IF YOU
SUBMITTED A PURCHASE ORDER OR OTHER
DOCUMENT WITH INCONSISTENT OR
ADDITIONAL TERMS AND CONDITIONS. IF
AN ARBITRATOR OR A COURT DETERMINES
THAT ANY PROVISION OF THIS AGREEMENT
IS INVALID OR UNENFORCEABLE, EXCEPT
FOR SECTION 18, SUBPARAGRAPH (6), THAT
PROVISION SHALL BE DEEMED AMENDED
AND ENFORCED TO THE MAXIMUM EXTENT
PERMITTED BY LAW, HOWEVER, EACH
AND EVERY OTHER PROVISION OF THIS
AGREEMENT SHALL CONTINUE TO BE VALID
AND ENFORCEABLE.
23.No Other Warranties.
AT&T MAKES NO GUARANTEE OR FURTHER
25
Numera Warranty
• Product that has had its serial number
removed or made illegible.
Hardware
• Freight costs to repair center.
AT&T does not manufacture or provide
any warranty, whether express or implied,
regarding the Equipment provided to
you. Instead, the manufacturer, Numera,
warrants to the end user (customer) that
this hardware product - which comprises
the AT&T EverThere interface device and
product accessories - will be free from
defects in workmanship and materials,
under normal use and service, for 12 months
from the date of activation from AT&T or its
authorized reseller.
• Product which, due to illegal or
unauthorized alteration of the software/
firmware in the product, does not function
in accordance with AT&T’s published
specifications of the FCC type acceptance
labeling in effect for the product at the
time the product was initially distributed
from AT&T.
Numera’s sole obligation under this express
warranty shall be, at AT&T’s option and
expense, to repair the defective product
or part, deliver to customer an equivalent
product or part to replace the defective
item, or, if neither of the two foregoing
options is reasonably available, AT&T may,
in its sole discretion, refund to customer
the purchase price paid for the defective
product. All products that are replaced
will become the property of AT&T and/or
Numera. Replacement products may be
new or reconditioned. Numera warrants any
replaced or repaired product or part for 12
months from shipment, or the remainder
of the initial warranty period, whichever is
longer.
The warranty does not cover:
• Defects or damage as the result of use of
the product in other than its customary
purpose.
• Defects or damage from misuse, accident,
water, or neglect.
• Product subjected to unauthorized
product modifications.
• Scratches or cosmetic damage to the
product surface that does not affect
operation of the product.
• Normal and customary wear and tear.
Exclusive Remedy
If the Equipment does not operate as
warranted above, customer’s sole remedy
for breach of that warranty shall be repair,
replacement, or refund of the purchase
price paid, at the option of AT&T. To the
full extent allowed by law, the foregoing
warranties and remedies are exclusive and
are in lieu of all other warranties, terms,
or conditions, express or implied, either
in fact or by operation of law, statutory or
otherwise, including warranties, terms, or
conditions of merchantability, fitness for
a particular purpose, satisfactory quality,
correspondence with description, and noninfringement, all of which are expressly
disclaimed. Neither Numera nor AT&T
assumes or authorizes any other person to
assume for it any other liability in connection
with the sale, installation, maintenance, or
use of its products.
Numera shall not be liable under this
warranty if its testing and examination
disclose that the alleged defect or
malfunction in the product does not
exist or was caused by customer’s or any
26
third person’s misuse; neglect; improper
installation or testing; unauthorized
attempts to open, repair, or modify the
product; any other cause beyond the range
of the intended use; or by accident, fire,
lightning, other hazards, or acts of God.
Limitation of Liability
To the full extent allowed by law, Numera
and AT&T also exclude for itself and their
suppliers any liability, whether based in
contract or tort (including negligence), for
incidental, consequential, indirect, special,
or punitive damages of any kind, or for loss
of revenue or profits, loss of business, loss
of information or data, or other financial loss
arising out of or in connection with the sale,
installation, maintenance, use, performance,
failure, or interruption of its products, even
if AT&T or its authorized reseller has been
advised of the possibility of such damages,
and limits its liability to repair, replace, or
refund of the purchase price paid, at the
option of AT&T. This disclaimer of liability for
damages will not be affected if any remedy
provided herein shall fail of its essential
purpose.
Disclaimer
Some countries, states, or provinces do not
allow the exclusion or limitation of implied
warranties or the limitation of incidental or
consequential damages for certain products
supplied to consumers, or the limitation
of liability for personal injury, so the above
limitations and exclusions may be limited in
their application to you. When the implied
warranties cannot be excluded in their
entirety, they will be limited to the duration of
the applicable written warranty.
This warranty gives you specific legal rights,
which may vary depending on local law.
Governing Law
This limited warranty shall be governed
by the laws of the State of Delaware,
USA, excluding its conflicts of laws and
principles and excluding the United
Nations Convention on Contracts for the
International Sale of Goods.
FCC Part 15
This device complies with Part 15 of the FCC
Rules.
• This device may not cause harmful
interference, and
• This device must accept any interference
received, including interference that may
cause an undesirable operation. 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, and the Canadian Department of
Communications Equipment Standards
titled, “Digital Apparatus,” ICES-003.
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 try 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 receiver. Connect the
27
equipment into an outlet that is on a
different circuit from the one to which the
receiver is connected.
The information in this document is subject
to change without notice and does not
represent a commitment on the part of
AT&T. No warranty or representation, either
expressed or implied, is made with respect
to the quality, accuracy, or fitness for any
particular purpose of this document. AT&T
reserves the right to make changes to the
content of this document and/or the devices
In no event will AT&T be liable for direct,
indirect, special, incidental, or consequential
damages arising out of the use or inability
to use this device or documentation, even if
advised of the possibility of such damages.
Package Disposal
External Packaging
Cardboard, Recycle
Internal Packaging
Blister Pack:
Polyethylene terephthalate,
Recycle
Battery Guidelines
• Do not disassemble, open, crush, bend,
deform, puncture or shred battery.
• Do not modify or remanufacture, attempt
to insert foreign objects into the battery,
immerse or expose to water or other liquids,
expose to fire, explosion or other hazard.
• Only use the battery with a charging
system that is supplied with the product
which is qualified with the system per CTIA
Certification Requirements for Battery
System Compliance to IEEE 1725. Use of
an unqualified battery or charger may
present a risk of fire, explosion, leakage, or
other hazard.
• Promptly dispose of used batteries in
accordance with local regulations.
• Avoid dropping the device or battery. If the
device or battery is dropped, especially on
a hard surface, and you suspect damage
to the battery, contact your support
center for instructions.
• Improper battery use may result in a fire,
explosion or other hazard.
• The device may only be charged via the
charger’s power port using the AT&T
EverThere charger and IEEE 1725 certified
wall charger included with the product.
Device Disposal
The European Union (EU) has issued a
directive on waste electrical and electronic
equipment (WEEE) intended to mitigate the
impact of WEEE on the environment.
The WEEE symbol indicates that this
product should NOT be disposed
of with your household waste. This
product should be handed over
at a designated collection point,
or to an authorized collection site
for recycling waste electrical and
electronic equipment (EEE).
Improper handling could have a
possible negative impact on the
environment and human health due
to potentially hazardous substances
that are generally associated with EEE.
Additionally, proper disposal of this
product will contribute to the effective
use of natural resources. For more
information about where you can drop
off your waste equipment for recycling,
please contact your local city office,
waste authority, or your household
waste disposal service.
28
Symbols Used
Exchanges/Returns
On packaging, labeling and in parts of this
user guide, you may encounter the following
symbols shown here with their meaning:
If exchanging the device please follow below:
!
Caution - there are specific warnings
and precautions associated with the
use of this device
Manufacturer
Waste Electrical and Electronic
Equipment directive requiring
proper disposal
This product is certified for both
the U.S. and Canadian markets, to
the applicable U.S. and Canadian
standards.
This product has been assessed
and found to comply against the
following Standards; EN 301 908-1 V
5.2.1 (2011-05), EN 301 908-2 V 5.4.1
(2012-12)EN 301 511 V9.0.2 (200303)EN 301 489-7/24 V2.1.1 (200905)
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
1. If the unit is defective please call Customer
Support at (855) 324-8077 to arrange for a
replacement device to be sent.
2. Once the replacement device is received:
a. C
harge the new device for 4 hours.
b. A
ctivate the new device, as per the
instruction in the Quick Start Guide or
User Guide.
3. Place defective device with the original
packaging, accessories, Quick Start Guide
and User Guide in the shipping box.
4. Seal the shipping box.
5. Place provided postage paid return label
on top of the original shipping label (note:
the return label will be included in the
package with the replacement device).
6. Call 1.800.GoFedEx (1-800-463-3339) to
schedule a pick up or You may drop the
package at the nearest FedEx location.
7. Any questions please call Customer Care
at 855-324-8077.
If returning your equipment and cancelling
your service:
1. Please call Customer Care at
855-324-8077 to cancel your service.
2. Place device with the original packaging,
accessories, Quick Start Guide and User
Guide in the box.
3. Seal the shipping box.
4. Place provided postage paid return label
on top of shipping label.
5. Call 1.800.GoFedEx (1-800-463-3339) to
schedule a pick up or You may drop the
package at the nearest FedEx location.
6. Any questions please call Customer Care
at 855-324-8077.
29
For Customer Support Call:
(855) 324-8077
Mon-Fri 8am-8pm EST
Sat 8am-4pm EST
or visit: att.com/EverThere
© 2013 AT&T, Inc., AT&T, AT&T EverThere
are trademarks of AT&T. All other company
and product names used herein may be
trademarks, or registered trademarks of the
respective companies.
30
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