By using our European Productivity Website, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our European Productivity Website with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the European Productivity Website. AT&T suggests that you take advantage of any access controls which are designed to assist you in limiting or blocking access to certain types of web content you may feel are harmful to or inappropriate for minors.
3. CHANGES TO THE TERMS OR SITE
AT&T may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the European Productivity Website. The amended Terms will automatically be effective when posted on our European Productivity Website. Your continued use of our European Productivity Website after any changes in these Terms shall constitute your consent to such changes. AT&T reserves the right to change, modify or discontinue, temporarily or permanently, the European Productivity Website (or any portion thereof), including any and all content contained on the European Productivity Website, at any time without notice. You agree that AT&T shall not be liable to you or to any third party for any modification, suspension or discontinuance of the European Productivity Website (or any portion thereof).
4. REGISTRATION, PASSWORD AND SECURITY
Whenever you provide us information on our European Productivity Website, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, AT&T may without notice suspend or terminate your access to our European Productivity Website and refuse any and all current or future use of our European Productivity Website (or any portion thereof).
If any portion of our European Productivity Website requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify AT&T of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which AT&T may otherwise have, AT&T reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the European Productivity Website and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, AT&T may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall AT&T be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of AT&T under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the European Productivity Website is invulnerable to all security breaches, and that AT&T makes no warranty, guarantee, or representation that use of any of our European Productivity Website is protected from viruses, security threats or other vulnerabilities.
5. PRIVACY STATEMENT
Please view our Privacy statement which explains AT&T´s practices relating to the collection and use of your information through or in connection with our European Productivity Website. AT&T´s use of your information is governed at all times by our Privacy Statement, which is incorporated into these Terms. You understand that through your use of the European Productivity Website you consent to the collection, processing and use of this information (as set forth in the Privacy Statement).
6. COPYRIGHT AND AUTHORIZATION
The European Productivity Website provides you access to a wide variety of information, communications, blog messages and other data and materials (“Content”). Some of the Content is owned by [AT&T Intellectual Property II., L.P. d/b/a AT&T Intellectual Property and/or its affiliates]. Other portions are owned by non-AT&T companies or third parties such as suppliers, vendors, and licensors (including Content that is generated by users as further described in Section 11).
Some portions of the European Productivity Website may require you to download software (“Software”) in order that you may access the European Productivity Website, the services provided through the European Productivity Website and/or the Content. The Software may be the property of AT&T or a supplier, vendor, or licensor to AT&T. The Content and Software are protected by a variety of laws governing the use of copyrights, trademarks, patents, or trade secrets. Subject to the rules and limitations set forth in the Terms, you are granted a limited, non-sublicensable right to access the European Productivity Website, the Content and the Software for your personal non-commercial use only, except as otherwise permitted. Without limiting the generality of the foregoing, no Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran, Sudan, Syria or any other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports. By downloading or using the Software or underlying information or technology, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
7. COPYRIGHT COMPLAINTS
AT&T respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the European Productivity Website in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing AT&T´s Copyright Agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A specific description of where the material that you claim is infringing is located on the European Productivity Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
AT&T´s Copyright Agent for notice of claims of copyright infringement on the European Productivity Website can be reached as follows:
Manager of Security & Copyright Infringement 1800 Perimeter Park Drive, Suite 100 Morrisville, NC 27560 Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: firstname.lastname@example.org
For more information about AT&T´s copyright protection practices under the DMCA and for information on how to contact AT&T´s DMCA agent, please refer to www.att.net/legal/copyright.
8. TRADEMARKS AND SERVICE MARKS
Trademarks (including but not limited to AT&T and the Globe Logo) that are used or displayed on the European Productivity Website are owned by AT&T Intellectual Property or by third parties other than AT&T that offer and provide services on or through the European Productivity Website. The trademarks of AT&T Intellectual Property may not be copied or used, in whole, partial or modified form, without the prior written permission of AT&T Intellectual Property or, if applicable, its licensor. In addition, AT&T custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of AT&T Intellectual Property. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the European Productivity Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AT&T. You may not use any metatags or any other “hidden text” utilizing an AT&T name, trademark, or product name without AT&T´s express written consent. The BLUETOOTH® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by AT&T is under license. Other trademarks and trade names are those of their respective owners.
9. THIRD-PARTY SERVICES
Parties other than AT&T may offer and provide services including sharing of information services via web plug-ins on or through the European Productivity Website. Except for AT&T branded information or services that are identified as being supplied by AT&T, AT&T does not operate, control, or endorse any information services on the European Productivity Website or accessible through the European Productivity Website in any way. AT&T is not responsible for examining or evaluating, and AT&T does not warrant the offerings of, any of these businesses or individuals or the content of their websites. AT&T does not assume any responsibility or liability for the actions and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
The European Productivity Website may contain links or plug-ins to other websites not operated by AT&T. The links and plug-ins are provided for your convenience. The inclusion of any links or plug-ins to other websites does not imply affiliation, endorsement or adoption by AT&T of those websites or the contents therein. We are not responsible for the contents, links or privacy of any linked website. Access to any other websites linked to the European Productivity Website is at your own risk. When leaving the European Productivity Website, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website.
10. USER SUBMITTED CONTENT
Our European Productivity Website may have “publicly accessible areas” such as blogs, message boards, forums, member profiles, or other features that allow users to post Content that will be accessible by the public or the user population generally. With respect to any message, data, image, text, photos, graphics, audio, video or other material you elect to post to such publicly accessible areas of our European Productivity Website, while you retain any and all of your lawfully owned rights in such Content, you grant AT&T a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content which you provide (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our European Productivity Website to access, display, view, store, distribute, perform, reproduce and prepare derivative works of, such Content that you have placed in publicly accessible areas of our European Productivity Website. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Content. AT&T is under no obligation to post or use any Content you may provide and AT&T may remove your Content at any time in its sole discretion. You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect to your Content. You represent and warrant that you own or otherwise control all necessary rights to the Content that you post, that such Content is accurate, that use of the Content you supply does not violate these Terms, specifically including without limitation the requirements of Section 12 (Acceptable Use), and will not cause injury to any person or entity, and that you will indemnify AT&T for all claims resulting from the Content you supply.
You agree that AT&T shall have the right (but not the obligation) in its sole discretion to monitor, edit, pre-moderate (i.e. publish with a delay), refuse or remove any Content that is available via our European Productivity Website for violation of these Terms, where such Content is not germane, may be considered as profanity or is in violation with mandatory laws or any intellectual property rights. We take no responsibility and assume no liability for any Content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. You agree that, to the maximum extent permitted by applicable law, you will be solely liable for all Content you have posted on the European Productivity Website or for any Content you share on other websites including social networks whether or not via plug-ins on the European Productivity Website. Any opinions, advice or recommendations expressed therein are those of the users providing such Content and not those of AT&T. We do not endorse any Content or any opinion, recommendation or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the European Productivity Website is used to disseminate statements that are harmful or inflammatory.
11. SUBMISSIONS TO AT&T
You agree not to propose, post or submit to AT&T ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as “Submitted Material “) through the European Productivity Website. In the event you do so, you hereby grant to AT&T a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to AT&T the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against AT&T for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to AT&T, including the posting of materials to any forum or interactive area on the European Productivity Website, irrevocably waives any and all “moral rights” in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.
12. ACCEPTABLE USE
You agree to use our European Productivity Website and the Content (whether provided by us or others), as well as any Software provided in connection with the European Productivity Website, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our European Productivity Website, related Software, or Content, nor will you use our European Productivity Website or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our European Productivity Website in any manner that:
- is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
- infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights;
- removes any proprietary notices or labels on the Content;
- advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
- is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
- specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
- constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
- interferes with others using the European Productivity Website;
- is off-topic according to the description of the group, blog, forum or webpage;
- contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
- contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
- disrupts, interferes or inhibits any other user from enjoying the European Productivity Website or other affiliated or linked websites, material, contents, products and/or services.
- uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the European Productivity Website or otherwise monitor or copy any portion of the European Productivity Website, products and/or services;
- creates a false identity for the purpose of misleading others;
- prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
- uses any AT&T domain name as a pseudonymous return email address;
- contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
- provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the European Productivity Website;
- reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the European Productivity Website or Content, use of the European Productivity Website, or access to the European Productivity Website;
- publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
- systematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods;
- makes derivative uses of the European Productivity Website or the Content;
- uses, frames, or utilizes framing techniques to enclose any portion of the European Productivity Website (including the images found at the European Productivity Website or any text or the layout/design of any page or form contained on a page); and/or
- modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our European Productivity Website. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the European Productivity Website to determine the source code, structure, organization, internal design, algorithms or encryption devices of our European Productivity Website’s underlying technology.
Unless you are participating in an area of the European Productivity Website that requires or encourages anonymity, we encourage you to use your real name.
13. SITE SECURITY
Violating the security of our European Productivity Website is prohibited and may result in criminal and civil liability. AT&T may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the European Productivity Website or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
14. GEOGRAPHICAL RESTRICTIONS
15. GENERAL PRACTICE REGARDING USE AND STORAGE
You acknowledge that AT&T may establish general practices and limits concerning use of the European Productivity Website, including without limitation the maximum number of days that email messages, message board postings, blog messages or other uploaded Content will be retained by the European Productivity WwebsitePublic Affairs Website, the maximum number of blog messages that may be sent from or received by an account on the European Productivity WwebsitePublic Affairs Website, the maximum size of any blog message that may be sent from or received by an account on the European Productivity Website, the maximum disk space that will be allotted on AT&T´s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the European Productivity Website in a given period of time. Your use of this European Productivity Website constitutes your consent to allow AT&T to store electronic communications on its servers. You agree that AT&T has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the European Productivity Website. You acknowledge that AT&T reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that AT&T reserves the right to modify these general practices and limits from time to time.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF OUR EUROPEAN PRODUCTIVITY WEBSITE , INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE EUROPEAN PRODUCTIVITY WEBSITE, ANY SERVICE OR SOFTWARE RELATED TO THIS WEBSITE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR EUROPEAN PRODUCTIVITY WEBSITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE EUROPEAN PRODUCTIVITY WEBSITE AND ANY SERVICE RELATED TO THIS WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AT&T AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- AT&T AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) OUR EUROPEAN PRODUCTIVITY WEBSITEWILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE EUROPEAN PRODUCTIVITY WEBSITEARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR EUROPEAN PRODUCTIVITY WEBSITEWILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR EUROPEAN PRODUCTIVITY WEBSITEWILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR EUROPEAN PRODUCTIVITY WEBSITEWILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR EUROPEAN PRODUCTIVITY WEBSITEOR SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR EUROPEAN PRODUCTIVITY WEBSITEOR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR EUROPEAN PRODUCTIVITY WEBSITEOR OUR SOFTWARE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR THROUGH OR FROM OUR EUROPEAN PRODUCTIVITY WEBSITESHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR EUROPEAN PRODUCTIVITY WEBSITESHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
AT&T reserves the right but does not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the European Productivity Website and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.
AT&T may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on AT&T´s reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of AT&T´s services, the European Productivity Website and other persons or entities from fraudulent, abusive, or unlawful use of the European Productivity Website or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
18. LIMITATION OF LIABILITY
IN NO EVENT SHALL AT&T, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE EUROPEAN PRODUCTIVITY WEBSITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE EUROPEAN PRODUCTIVITY WEBSITE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE EUROPEAN PRODUCTIVITY WEBSITEOR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR SERVICES ON OR AVAILABLE THROUGH THE EUROPEAN PRODUCTIVITY WEBSITE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR EUROPEAN PRODUCTIVITY WEBSITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR EUROPEAN PRODUCTIVITY WEBSITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR EUROPEAN PRODUCTIVITY WEBSITE, EVEN IF AT&T OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE EUROPEAN PRODUCTIVITY WEBSITE AND/OR SERVICES RELATED TO THIS WEBSITE IS TO STOP USING THE EUROPEAN PRODUCTIVITY WEBSITE AND/OR THOSE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AT&T UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend and hold harmless AT&T and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third-party due to or arising out of Submitted Material or any other Content (including blog messages) you submit, post or upload to, transmit or share (e.g. via social networks and website plug-ins) through our European Productivity Website, your use of our European Productivity Website, your connection to our European Productivity Website, your violation of these Terms, or your violation of any law or the rights of another including but not limited to intellectual property rights. These obligations will survive any termination of your relationship with AT&T or your use of our European Productivity Website. AT&T reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with AT&T in asserting any available defenses.
You agree that AT&T may immediately terminate or suspend your account, and access to all or any part of the European Productivity Website or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the European Productivity Website (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if AT&T elects instead to suspend your account, may include any one or more of the following) (a) removal of access to the European Productivity Website, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the European Productivity Website. You agree that all terminations and suspensions for cause shall, to the maximum extent permitted by applicable law, be made in AT&T´s sole discretion and that AT&T shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the European Productivity Website. Further, AT&T reserves the right, to immediately terminate or suspend your account, and access to the European Productivity Website at any time for any reason and without notice to you in its sole discretion.
AT&T´s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between AT&T and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. AT&T may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of AT&T. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our European Productivity Website within one year after it arises.