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LC-43LB371U/LC-50LB371U 43"/50" 1080p, 60Hz, LED Sharp Roku TV
Advertising and Promotional Messages
Roku and the Content Providers reserve the rights to deliver and
display advertising and promotional messages to You via the Software
incorporated in the Television or the Mobile Apps, and to include such
advertising and promotional messages in or with any user interface,
notice, or Content that is displayed via the Software incorporated in
the Television or the Mobile Apps.
No Warranty from Roku
This Agreement governs only Your access to and use of the Software,
the Mobile App, the Channel Store, and Your Roku Account. Your
warranty with respect to the Television and its operation (including
the operation of the Software incorporated in the Television) is
provided solely by Sharp as set forth in the Important Product
Information Guide, and not by Roku.
Roku offers no warranty to You
under this Agreement.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING
DISCLAIMER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE TELEVISION, THE MOBILE APPS, THE SEPARATELY LICENSED
CODE, THE SOFTWARE, THE CHANNEL STORE, AND ANY SERVICES
PERFORMED OR PROVIDED BY THE FOREGOING ARE PROVIDED “AS IS”
AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF
ANY KIND, AND ROKU HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO ANY OF THE FOREGOING, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF
ACCURACY, OF QUIET ENJOYMENT, OF QUIET POSSESSION, OF
WORKMANLIKE EFFORT, OF LACK OF VIRUSES, OR REASONABLE CARE
AND SKILL, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ROKU
DOES NOT WARRANT (I) AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE TELEVISION, THE MOBILE APPS, THE SOFTWARE,
THE SEPARATELY LICENSED CODE, OR THE CHANNEL STORE, (II) THAT
THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR
PROVIDED BY ANY OF THE FOREGOING WILL MEET YOUR
REQUIREMENTS, (III) THAT THE OPERATION OF ANY OF THE
FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE, OR (IV) THAT
DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY US OR OUR RESPECTIVE AUTHORIZED
REPRESENTATIVES SHALL CREATE ANY WARRANTY.
Some jurisdictions do not allow exclusions or limitations on implied
warranties, so the foregoing limitations of warranties may not apply to
You. You may also have other rights that vary from jurisdiction to
jurisdiction.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT
SHALL WE OR OUR RESPECTIVE LICENSORS AND/OR SUPPLIERS BE
LIABLE FOR (A) ANY PERSONAL INJURY OR PROPERTY DAMAGE; OR (B)
ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT
OR PUNITIVE DAMAGES, OR FOR LOSS OF REVENUE OR PROFITS OR
DATA OR USE OR FOR THE COST OF SUBSTITUTE GOODS, REGARDLESS
OF THE THEORY (WHETHER BASED IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE) ARISING OUT OF, OR IN CONNECTION
WITH, ANY TELEVISION, ANY ROKU ACCOUNT, THE CHANNEL STORE,
THE MOBILE APPS, THE SOFTWARE, THIRD PARTY CONTENT, THE
SEPARATELY LICENSED CODE, OR YOUR USE THEREOF. SOME
JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR
CERTAIN DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT
APPLY TO YOU. TO THE EXTENT ALLOWED BY LAW, AND OTHER THAN
AS MAY BE REQUIRED BY APPLICABLE LAW FOR PERSONAL INJURY
CASES, YOU AGREE THAT (I) THE TOTAL CUMULATIVE LIABILITY OF
ROKU, ROKU'S LICENSORS AND/OR ROKU'S SUPPLIERS, INCLUDING
LIABILITY RELATING TO ANY TELEVISION, ANY ROKU ACCOUNT, THE
CHANNEL STORE, THE SOFTWARE, THE THIRD PARTY CONTENT, THE
SEPARATELY LICENSED CODE, AND THE MOBILE APPS SHALL NOT
EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100), AND (II)
ROKU, ITS LICENSORS AND/OR SUPPLIERS SHALL NOT BE LIABLE TO
YOU UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES ARISING
OUT OF, OR IN CONNECTION WITH, THE TELEVISION. YOUR REMEDY, IF
ANY, WITH RESPECT TO THETELEVISION, SHALL BE SOLELY AGAINST
(A) THE SELLER FROM WHOM YOU PURCHASED IT AND (B) SHARP, AS
SET FORTH IN ACCORDANCE WITH THE IMPORTANT PRODUCT
INFORMATION GUIDE PROVIDED BY SHARP. THE FOREGOING
LIMITATIONS SHALL APPLY EVEN IF THE REMEDY PROVIDED HEREIN
FAILS OF ITS ESSENTAIL PURPOSE AND EVEN IF WE OR OUR LICENSORS
OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LIABILITY.
Additional Terms Applicable to Mobile Apps
License
The Mobile Apps are licensed, not sold, to You for use only under the
terms of this Agreement. Roku, as the licensor, reserves all rights not
expressly granted to You. This license granted to You by Roku for the
Mobile Apps is limited to a non-exclusive, non-transferable license to
use the Mobile Apps for personal and non-commercial purposes
solely on any mobile device that You own or control and as permitted
by the usage rules set forth in any application store terms and
conditions and only within the country or location authorized by
Roku. This license does not grant any rights to obtaining future
upgrades, updates or supplements to any Mobile App.
Usage Rules
You may not commercialize the Mobile Apps in any way. You will not,
and You will not allow any person to, copy sublicense, lease, sell or
rent the Mobile Apps or any part thereof, to analyze it by means of
reverse engineering, to decompile, disassemble, attempt to derive the
source code of, modify, or create derivative works of the Mobile Apps,
or of any updates thereto or any part thereof (except as and only to
the extent any foregoing restriction is prohibited by applicable law or
to the extent as may be permitted by the licensing terms governing
use of any Separately Licensed Code included with a Mobile App). Any
attempt to do so is a violation of the rights of Roku and its licensors. If
You breach this restriction, You may be subject to prosecution and
damages. The terms of this license will govern any upgrades provided
by Roku to a Mobile App, unless such upgrade is accompanied by a
separate license in which case the terms of that license will govern.
Consent to Use of Data
You agree that Roku or a third party contracted by Roku, may collect
and use technical and usage data and related information, including
but not limited to, information about Your device, system and
software, peripherals and Mobile App usage that is gathered
periodically to facilitate the provision of updates, product support and
other services (if any) to You related to the Mobile App. Roku may use
this and other information it collects about You as described in its
Privacy Policy, available at
www.roku.com/about/privacy
.
Export Controls
You agree not to download any Content, Mobile App, or Software, nor
otherwise export or re-export the Television or Mobile Apps 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
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. By using the
Television, the Channel Store, the Software or the Mobile Apps, 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.
Roku Reserves the Right to Change Policies and Web
Pages
The policies and other content of the Roku web pages referred to in
this Agreement may be changed by Roku from time to time in its sole
discretion, without notice to You.
Dispute Resolution by Binding Arbitration, with
Class Action Waiver and Choice of Law
•
You and Roku agree to be bound by the procedures set forth
below to resolve any and all claims arising out of or relating to
any aspect of the relationship between You and Roku, whether
based in contract, statute, tort, fraud, misrepresentation or any
other legal theory, including but not limited to, claims relating to
this Agreement, its formation, enforceability, performance or
breach, and claims related to advertising, the Software, the
Television, the Channel Store or the Mobile Apps (as applicable).
Each such claim is referred to individually as “Claim” and
collectively as “Claims”.
•
YOU AND ROKU AGREE THAT, EXCEPT FOR THE CLAIMS
IDENTIFIED IN PARAGRAPH 4 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 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
