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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