4.
This agreement to arbitrate does not apply to any Claim (i) in which a party is attempting to protect its intellectual property rights
(such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights), or (ii) that
may be brought in small-claims court.
5.
If the agreement between You and Roku to arbitrate in this provision is found to be invalid, unenforceable or inapplicable to a given
Claim between You and Roku, then any and all proceedings to resolve such Claim must be brought exclusively in a federal court of
competent jurisdiction in the Northern District of California or in a state court in Santa Clara County, California. You hereby
irrevocably consent to the exclusive jurisdiction and venue of such courts.
6.
30-
Day Right to Opt Out:
You have the right to opt out of this agreement to arbitrate by sending a written notice of Your decision to
opt out to the following address: Legal Department, Roku Inc., 12980 Saratoga Avenue, Suite D., Saratoga, California 95070;
provided that, such notice shall be postmarked on or before the 30
th
day after the first to occur of the following events: (i) the
purchase of Your Television, (ii) Your receipt of the Television, (iii) the establishment of a new Roku Account if You do not already
have a Roku Account prior to using Your Television, (iv) using or accessing the Channel Store, or (v) using, accessing or downloading
the Software or any Mobile App. Your notice should include Your full name, Your current postal address, telephone number and
email address, the product name and serial number for Your Television, and a copy of the original proof of purchase for Your
Television. If You timely send a notice in compliance with this paragraph 6, the agreement to arbitrate will not apply to either You or
Roku. If You do not timely send this notice, then You agree to be bound by this agreement to arbitrate.
7.
Notwithstanding any provision in this Agreement to the contrary, You agree that, if Roku seeks to delete or materially modify the
agreement to arbitrate described herein, any such deletion or modification will not apply to any individual Claim between You and
Roku, of which You have notified Roku prior to such modification.
Choice of Law
This Agreement shall be governed by the laws of the State of California, as if entered into by residents of California, without giving effect to any
conflict of laws principles that may provide the application of the law of another jurisdiction.
Miscellaneous
This Agreement is the final, complete and exclusive agreement between You, on the one hand, and Roku and Hisense, on the other hand,
relating to the Television, the Channel Store, the Software and the Mobile Apps (as applicable), and supersedes all prior or contemporaneous
proposals, advertisements, representations, understandings, or agreements relating thereto, whether oral or written; provided that,
notwithstanding the foregoing, this Agreement is not intended to modify or supersede the Important Product Information Guide and other
documentation provided to You with the Television. No waiver or modification of this Agreement will be valid unless signed by Roku, Hisense
and You. Your right to use the Television, the Software, the Channel Store, Your Roku Account, the Software, or the Mobile Apps (as applicable)
will immediately terminate upon Your breach of any applicable provision of this Agreement. The waiver of a breach of any term hereof will in
no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
Contact Information
If You desire to contact Roku, please send Your correspondence by mail to
Roku, Inc.
12980 Saratoga Avenue, Suite D
Saratoga, CA 95070
or by email to [email protected].
If You desire to contact Hisense, please send your correspondence by mail to
Hisense USA Corporation
7310 McGinnis Ferry Road
Suwanee, GA 30024
or by email at
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