3.
Information on AAA (American Arbitration Association) and
how arbitration is initiated can be found at
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
USA, or by email to
Last Updated: April 21, 2016
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