49
49" FHD 1080p, 60Hz, LED Roku TV
www.insigniaproducts.com
Export Controls
You agree not to download any Content or Software, nor otherwise
export or re-export any Television or the Software into (or to a
national or resident of ) Cuba, Iraq, Libya, North Korea, Iran, Syria or
any other country as to which the United States or your country has
embargoed goods, or to anyone on the U.S. Treasury Department's
List of Specially Designated Nationals or the U.S. Commerce
Department's Table of Denial Orders or on similar restricted lists
published by your government from time to time. By using any
Television or the Software, you are representing and warranting
that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
Choice of Law; Dispute Resolution
A.
If you are a consumer and a resident in any country in the
European Economic Area where the sale of the Television is
expressly authorized by its manufacturer, this EULA does not
apply to you.
B.
In all other cases, including if you are a resident of the United
States (and its possessions and territories) or Canada, you agree
that this EULA shall be governed by the laws of the State of
California without regard to any conflict of laws principles that
may provide the application of the law of another jurisdiction;
and:
1.
You and Roku agree to be bound by the procedures set
forth below to resolve any and all claims between you and
Roku arising out of or relating to any aspect of this EULA,
whether based in contract, tort, statute, fraud,
misrepresentation or any other legal theory, including but
not limited to, claims between you and Roku related to the
Television and the Software. Each such claim is referred to
individually as “Claim” and collectively as “Claims”.
2.
YOU AND ROKU AGREE THAT, EXCEPT FOR THE CLAIMS
IDENTIFIED IN PARAGRAPH 4 OF THIS SECTION BELOW,
ANY AND ALL CLAIMS BETWEEN YOU AND ROKU
SHALL BE FINALLY SETTLED BY BINDING ARBITRATION.
The arbitration shall take place in Santa Clara County,
California and shall be administered by the American
Arbitration Association (“AAA”) pursuant to the AAA's
then-current rules, including (if applicable) the AAA's
Supplementary Procedures for Consumer-Related
Disputes. Please be aware there is no judge or jury in
arbitration. Arbitration procedures are simpler and more
limited than the rules applicable in court, and review of the
arbitrator's decision by a court is limited.
YOU AND ROKU
FURTHER AGREE THAT EACH OF YOU MAY BRING
CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL
BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS OR REPRESENTATIVE ACTION
OR PROCEEDING. THE ARBITRATOR MAY NOT
CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S
CLAIM AND MAY NOT PRESIDE OVER ANY
CONSOLIDATED, REPRESENTATIVE OR CLASS
PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD
RELIEF (INCLUDING MONETARY, INJUNCTIVE OR
DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS
AND MAY NOT AWARD ANY FORM OF CONSOLIDATED,
REPRESENTATIVE OR CLASS-WIDE RELIEF.
Notwithstanding any provision in these terms to the
contrary, if the class-action waiver in this provision is
deemed invalid or unenforceable, or if an arbitration is
allowed to proceed on a class basis, then neither you nor
Roku are entitled to arbitrate the Claims. This arbitration
provision is subject to the Federal Arbitration Act. The
arbitrator's award shall be binding on you and Roku, and
may be entered in any court of competent jurisdiction.
3.
Information on AAA and how arbitration is initiated can be
found at
www.adr.org
or by calling 800-778-7879. For
Claims between You and Roku of $75,000 or less, you will
be responsible for the initial arbitration filing fee, up to the
amount of the initial filing fee if you were to initiate a
lawsuit against Roku based on such Claims in court. If the
arbitrator finds such Claims to be non-frivolous, Roku will
pay any difference in such filing fees? plus the arbitrator
fees. For Claims between You and Roku in excess of
$75,000, if you are able to demonstrate that the costs of
arbitration will be prohibitive as compared to the costs of
litigation, Roku will pay as much of your actual filing fees
and the arbitrator fees for the arbitration as the arbitrator
deems necessary to prevent the arbitration from being
cost-prohibitive as compared to the cost of litigation.
4.
This agreement to arbitrate does not apply to any Claim (a)
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 (b) that may be brought in
small-claims court.
5.
If the agreement 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., 150 Winchester Circle Los Gatos,
CA 95032, USA; provided that, such notice must be
postmarked on or before the 30th day after the first to
occur of the following events if you do not already have a
Roku Account: (a) the date of purchase of Your Television,
or (b) the date you create your Roku Account. If you have
an existing Roku Account, all devices you choose to link to
your Roku Account, and all services provided by Roku
which are accessed using these devices, will be subject to
this agreement to arbitrate. 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 of which you have notified Roku prior
to such modification.
Miscellaneous
Roku may transfer its rights and obligations under this EULA to
another organization. You may only transfer your rights or your
obligations under this EULA to another person if Roku agrees in
writing.This EULA is between you and Roku. No other person shall
have any rights to enforce these terms. Each of the paragraphs of
this EULA operates separately. If any court or relevant authority
decides that any of them are unlawful, the remaining paragraphs
will remain in full force and effect.If Roku fails to insist that you
perform any of your obligations under this EULA, or if Roku does
not enforce its rights against you, or if Roku delays in doing so, that
will not mean that Roku has waived its rights against you, or that
you do not have to comply with those obligations. If Roku does
waive a default by you, Roku will only do so in writing, but that will
not mean that Roku will automatically waive any later default by
you.
Contact Information
If you wish to contact Roku, please send your correspondence by
mail to
Roku, Inc.
150 Winchester Circle
Los Gatos, CA 95032
or by email to
.
Last Updated: 21 April, 2016
If You desire to contact Insignia, please send your correspondence
by mail to
Best Buy
7601 Penn Ave South,
Richfield, MN 55423 U.S.A.
or by email at
http://www.insigniaproducts.com/support
