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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;
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