Using Premier Via Third Parties
Last Revised 5/30/07
  1. Introduction. These AT&T terms and conditions for using on-line third party purchasing networks, including all documents, policies and guidelines incorporated herein (the "Purchasing Network Terms and Conditions"), govern your access to the products and services made available to you by AT&T and its affiliates (collectively, "AT&T") and its suppliers on or through any third party purchasing network Web site ("SCV Site"). PLEASE READ THESE PURCHASING NETWORK TERMS AND CONDITIONS CAREFULLY. By accessing, browsing, selecting and ordering the products and services made available to you by AT&T and its suppliers by and through any SCV Site, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL DOCUMENTS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. This Agreement does not alter in any way the terms or conditions of any other written or online agreement you may have with AT&T. AT&T reserves the right to change or modify any of the terms and conditions contained in these Purchasing Network Terms and Conditions or any policy or guideline incorporated herein at any time and in its sole discretion. If these Purchasing Network Terms and Conditions are changed, we will post the new terms and change the version number accordingly. Any changes or modifications will be effective upon posting as revised, and your access to the products and services made available to you by AT&T and its suppliers on or through any SCV Site following the posting of such changes or modifications will constitute your acceptance of the Purchasing Network Terms and Conditions as revised.
  2. Incorporated Policies or Terms. AT&T Terms of Use. To the extent your access to the products and services offered to you by AT&T and its suppliers on or through any SCV Site occurs in any part of a AT&T Web site (each, a "AT&T Site"), the Terms of Use available on such site apply and are incorporated herein by this reference.
  3. Order of Precedence. In the event of any conflict between the terms and conditions of your agreements with and the information provided to you by AT&T, the following order of precedence shall apply, with the terms and conditions and information contained in the documents higher on the list governing over those lower on the list:
    • Any written agreement for wireless services between you and AT&T;
    • Terms, conditions, restrictions and descriptions of wireless services and products as set forth in the documentation provided with the equipment you order and receive from AT&T and its suppliers;
    • AT&T Terms of Use, including the AT&T Privacy Policy and other incorporated policies;
    • These Purchasing Network Terms and Conditions;
    • Information provided by AT&T or its suppliers and accessed by you on or through any SCV Site
  4. Authorized Third Party Purchasing Networks.
    1. Authorized SCV Sites. You may only use a SCV Site expressly authorized by AT&T to access the products and services of AT&T and its suppliers. The following SCV Sites are expressly authorized by AT&T:
      1. Ariba.com
      2. CommerceOne.com
    2. SCV Site Terms and Conditions. If you use an authorized SCV Site to access the products and services offered to you by AT&T and its suppliers, you agree to abide by and comply with all the terms, conditions and technical requirements of such vendor regarding your access to and use of the SCV Site. AT&T reserves the right, at any time in its sole discretion, to add or remove a SCV Site as an authorized SCV Site. In the event AT&T removes a SCV Site as an authorized SCV Site, your right and license to access and use such SCV Site to access the products and services offered to you by AT&T and its suppliers shall immediately terminate and AT&T and its suppliers will not be liable to you due to such removal or termination for any reason for any compensation, reimbursement, liability or damages whatsoever, including without limitation for expenditures, investments, loss of profits, commitments in connection with your business, goodwill or any other reason. Any such removal and termination shall not relieve you of any obligations to pay AT&T for any transactions prior to the termination date and any other amounts owed by you to AT&T.
    3. Use of SCV Site. AT&T makes no representations or warranties regarding, and disclaims all liability arising out of or relating to, your ability or lack of ability to access and use any SCV Site to access the products and services offered to you by AT&T and its suppliers. AT&T reserves the right to limit the provision of any products and services offered by AT&T and its suppliers on or through a SCV Site to any person or geographical region at any time in its sole discretion.
    4. Costs and Expenses. You agree to be responsible for and liable to AT&T and its suppliers for any additional costs and expenses incurred by AT&T or its suppliers to offer you their products and services on or through the SCV Site or resulting from or arising out of your use of a SCV Site, including without limitation compliance with any technical requirements, payment of any vendor service or transaction fees or costs, or other costs, fees or liabilities.
  5. Security. If you use a SCV Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password are compromised in any manner, you should notify AT&T immediately. AT&T reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the AT&T Site, the information, content, products and services made available to you on or through the SCV Site, 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.

  6. Third-Party Products and Services. Parties other than AT&T offer and provide products and services on or through the SCV Site. Except for AT&T-branded information, products or services that are specifically identified as being supplied by AT&T, AT&T does not operate, control or endorse any information, products or services on the SCV Site or which are accessible through the SCV Site in any way. Except for AT&T-identified information, and AT&T-branded products or services, all information, products and services offered through the SCV Site or accessible through the SCV Site are offered by third parties that are not affiliated with AT&T. 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 Web sites. AT&T does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
  7. Product and Service Availability, Descriptions and Pricing. AT&T and its suppliers attempt to be as accurate as possible. However, AT&T and its suppliers do not warrant that information, product and service availability, descriptions, pricing or other content regarding the products and services offered to you by AT&T and its suppliers on or through the SCV Site is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or cause that a product or service offered on the SCV Site may be unavailable to you or your geographical region, mispriced or contain an inaccuracy in its description. In the event AT&T determines that a product or service is unavailable, mispriced or contains an inaccurate description, AT&T reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify AT&T immediately if you become aware of any unavailability, pricing or descriptive errors or inconsistencies with any AT&T or its suppliers' products or services you order through the SCV Site and comply with any corrective action taken by AT&T.
  8. Order Fulfillment. AT&T reserves the right to cancel any current transaction at any time for any reason, including without limitation a breach or potential breach of security or these Purchasing Network Terms and Conditions. AT&T and its suppliers make no representations or warranties regarding and disclaim any and all responsibility for accurately, timely or completely fulfilling any orders made by you for the products and services offered to you by AT&T and its suppliers by or through the SCV Site. Once AT&T receives a final, confirmed order from you from the SCV Site, AT&T will proceed to fulfill the order in accordance with the AT&T's order fulfillment terms set forth in the AT&T Corporate Digital Advantage Agreement, other written agreement for wireless services between you and AT&T or other written agreement regarding order fulfillment of such products or services between you and AT&T; provided that AT&T cannot represent or warrant to you that the order information AT&T receives from the SCV Site is accurate, timely or complete.
  9. Disclaimers. "AS IS" AND "AS AVAILABLE" BASIS. THE PRODUCTS, SERVICES, CONTENT AND OTHER MATERIALS PROVIDED BY AT&T AND ITS SUPPLIERS TO YOU ON OR THROUGH A SCV SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY SCV SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON ANY SUCH SITE. YOU EXPRESSLY AGREE THAT USE OF ANY SCV SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH SUCH SITE, IS AT YOUR SOLE RISK AND RESPONSIBILITY.

    WARRANTY DISCLAIMER. AT&T DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS PROVIDED BY AT&T AND ITS SUPPLIERS ON ANY SCV SITE. AT&T DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SCV SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM SUCH SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. AT&T IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. AT&T CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ANY SCV SITE AND ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S REQUIREMENTS, OR THAT YOU WILL BE ABLE TO ACCESS OR USE ANY SCV SITE.

    SECURITY DISCLAIMER. AT&T MAKES NO REPRESENTATION OR WARRANTIES REGARDING, AND DISCLAIMS ALL RESPONSIBILITY FOR, ANY LAPSES IN SECURITY, PRIVACY OR CONFIDENTIALITY OF THE INFORMATION AND DATA YOU SUBMIT OR OTHERWISE PROVIDE ON OR THROUGH THE SCV SITE TOAT&T. AT&T IS NOT RESPONSIBLE FOR THE SECURITY OF ANY SUCH INFORMATION AND DATA AND DOES NOT ASSUME AND SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR THE IMPROPER ACCESS TO OR USE OF ANY SUCH INFORMATION OR DATA BY VENDOR OR ANY OTHER THIRD PARTY.

    AT&T reserves the right to change any and all content related to the products and services made available to you by AT&T and its suppliers on or through any SCV Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by AT&T.

    YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided on or through any SCV Site and on the Internet generally. The Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. AT&T has no control over and accepts no responsibility whatsoever for such materials.

  10. Limitation of Liability.

    IN NO EVENT SHALL AT&T BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT 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 ANY SCV SITE OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH SUCH SITE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY SCV SITE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH SUCH SITE, EVEN IF AT&T OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AT&T (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF A SCV SITE EXCEED THE LESSER OF $5.00 OR THE COMPENSATION YOU PAID AT&TTO ACCESS THE SCV SITE, IF ANY.

    Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, AT&T's liability is limited to the greatest extent permitted by law.

  11. Indemnification. You agree to indemnify, defend and hold harmless AT&T, its officers, directors, employees, agents, licensors, and suppliers ("Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, incurred or suffered by the Indemnified Parties resulting from any violation of these Purchasing Network Terms and Conditions by you or your access to or use of any SCV Site.
  12. Applicable Law, Venue and Limitation of Actions. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. Any cause of action or claim you may have against AT&T with respect to your access to or use of any SCV Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
  13. Termination. Notwithstanding any of these terms and conditions, these Purchasing Network Terms and Conditions may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use any SCV Site for the products and services offered to you by AT&T and its suppliers by or through such site after these Purchasing Network Terms and Conditions have been terminated. The provisions of the paragraphs entitled Third Party Products and Services, Disclaimers, Limitation of Liability, Indemnification, Applicable Law, Venue and Limitation of Actions, Termination, Severability, Enforceability and Admissibility and Miscellaneous shall survive any termination of these Purchasing Network Terms and Conditions.
  14. Severability. If any provision of these Purchasing Network Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
  15. Enforceability and Admissibility. This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
  16. Miscellaneous. AT&T's failure to insist upon or enforce strict performance of any provision of these Purchasing Network Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Purchasing Network Terms and Conditions. AT&T may assign its rights and duties under these Purchasing Network Terms and Conditions to any party at any time without notice to you.
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