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Subscription Fee Programming.
The timing of Your initial selection of subscription Fee-Based Programming will provide the basis for
Your billing dates for all future monthly and yearly Subscription Fees. All Subscription Fees will be charged for the full term of the
applicable subscription period, i.e., for the month or year, as applicable, at the time You order the subscription, except where pro-
rated monthly billing applies. Where the first month is pro-rated, the second and all subsequent charges applied to Your account will
be for the full monthly or yearly Subscription Fee, as applicable.
Sales Tax.
Your purchases may be subject to sales tax, which may not be included in the prices shown on the purchase screen. If an
item You purchased is subject to sales tax, such amount will be reflected on the invoice for that purchase. The amount of tax
charged on Your purchase will depend upon many factors, including the item purchased and the applicable tax rate in effect at the
time of Your purchase. Factors can change between the time You place an order and the time of credit card charge authorization,
which could affect the calculation of sales taxes.
Subscription Renewals and Cancellations.
All subscriptions will automatically renew until cancelled by You. Details for how to cancel
a subscription are available by entering the key words “cancel subscription” in the “Ask a Question” box on www.roku.com/support.
If a subscription is cancelled mid-way through a subscription period, the subscription will end at the end of the subscription period.
You will continue to receive the Content until the end of the subscription period, and fees for the remainder of the subscription
period will not be refunded.
Credit/Refund Policy.
Credits and refunds will be issued only in accordance with the terms posted at www.roku.com/support. For
details, go to www.roku.com/support and enter the key words “credit policy” in the “Ask a Question” box.
Privacy Policy and Consent to Use of Data
Roku’s privacy policy, available at www.roku.com/about/privacy (“
Privacy Policy
”), explains Roku’s policies regarding the collection, use, and
disclosure of information provided by or collected from You via the Television, Roku’s websites and/or the Mobile Apps. By agreeing to be
bound by the terms and conditions of this Agreement, You are agreeing to the collection, use, and disclosure of Your information as described
in the Privacy Policy. You should review the Privacy Policy before establishing Your Roku Account, before linking the Television to any existing
Roku Account, and before using the Television and/or Mobile Apps.
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 TCL 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 THE TELEVISION, SHALL BE
SOLELY AGAINST (A) THE SELLER FROM WHOM YOU PURCHASED IT AND (B) TCL, AS SET FORTH IN ACCORDANCE WITH THE IMPORTANT