Operation Manual

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. 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) 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 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 Devices 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, the Federal

Communications Commission. 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,

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