143
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 USA, or by
email to
.
Last Updated: April 21, 2016
Summary of Contents for Roku 6 Series
Page 10: ......
