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LC-43LB371U/LC-50LB371U 43"/50" 1080p, 60Hz, LED Sharp Roku TV
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 of a Claim between You and
Roku is allowed to proceed on a class basis, then neither You nor
Roku are entitled to arbitrate such Claim. 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.
•
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.
•
This agreement to arbitrate does not apply to any Claim (i) 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
(ii) that may be brought in small-claims court.
•
If the agreement between You and Roku 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.
•
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., 12980 Saratoga Avenue, Suite D., Saratoga, California
95070; provided that, such notice shall be postmarked on or
before the 30th day after the first to occur of the following
events: (i) the purchase of Your Television, (ii) Your receipt of the
Television, (iii) the establishment of a new Roku Account if You
do not already have a Roku Account prior to using Your
Television, (iv) using or accessing the Channel Store, or (v) using,
accessing or downloading the Software or any Mobile App. 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.
•
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
between You and Roku, of which You have notified Roku prior to
such modification.
Choice of Law
This Agreement shall be governed by the laws of the State of
California, as if entered into by residents of California, without giving
effect to any conflict of laws principles that may provide the
application of the law of another jurisdiction.
Miscellaneous
This Agreement is the final, complete and exclusive agreement
between You, on the one hand, and Roku and Sharp, on the other
hand, relating to the Television, the Channel Store, the Software and
the Mobile Apps (as applicable), and supersedes all prior or
contemporaneous proposals, advertisements, representations,
understandings, or agreements relating thereto, whether oral or
written; provided that, notwithstanding the foregoing, this
Agreement is not intended to modify or supersede the Important
Product Information Guide and other documentation provided to You
with the Television. No waiver or modification of this Agreement will
be valid unless signed by Roku, Sharp and You. Your right to use the
Television, the Software, the Channel Store, Your Roku Account, the
Software, or the Mobile Apps (as applicable) will immediately
terminate upon Your breach of any applicable provision of this
Agreement. The waiver of a breach of any term hereof will in no way
be construed as a waiver of any other term or breach hereof. If any
provision of this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions of
this Agreement will remain in full force and effect.
FCC Statement
Note:
This equipment has been tested and found to comply with the
limits for a class B digital Device, pursuant to part 15 of the FCC Rules.
These limits are designed to provide reasonable protection against
harmful interference in a residential installation. This equipment
generates, uses and can radiate radio frequency energy and, if not
installed and used in accordance with the instructions, may cause
harmful interference to radio Communications. However, there is no
guarantee that interference will not occur in a particular installation. If
this equipment does cause harmful interference to radio or television
reception, which can be determined by turning the equipment off and
on, the user is encouraged to try to correct the interference by one or
more of the following measures:
•
Reorient or relocate the receiving antenna.
•
Increase the separation between the equipment and the
receiver.
•
Connect the equipment into an outlet on a circuit different from
that to which the receiver is connected.
•
Consult the dealer or an experienced radio/TV technician for
help.
Warning
Changes or modifications not expressly approved by the party
responsible for compliance could void the user's authority to operate
the equipment.
Cables
Connections to this device must be made with shielded cables with
metallic RF/EMI connector hoods to maintain compliance with FCC
Rules and Regulations.
Macrovision statement
This product incorporates copyright protection technology that is
protected by U.S. patents and other intellectual property rights. Use of
this copyright protection technology must be authorized by
Macrovision, and is intended for home and other limited viewing uses
only unless otherwise authorized by Macrovision. Reverse
engineering or disassembly is prohibited.
U.S. Patent Nos. 5,583,936; 6,836,549; 5,315,448; 6,381,747; 6,501,842;
and 7,050,698.
