TCL 32S4610R User Manual
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Contents
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72of Your actual filing fees and the arbitrator fees for the arbitration as the arbitrator deems necessary to prevent the arbitration frombeing cost-prohibitive as compared to the cost of litigation.4. 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) thatmay be brought in small-claims court.5. If the agreement between You and Roku to arbitrate in this provision is found to be invalid, unenforceable or inapplicable to a givenClaim between You and Roku, then any and all proceedings to resolve such Claim must be brought exclusively in a federal court ofcompetent jurisdiction in the Northern District of California or in a state court in Santa Clara County, California. You herebyirrevocably 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 toopt 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) thepurchase of Your Television, (ii) Your receipt of the Television, (iii) the establishment of a new Roku Account if You do not alreadyhave a Roku Account prior to using Your Television, (iv) using or accessing the Channel Store, or (v) using, accessing or downloadingthe Software or any Mobile App. Your notice should include Your full name, Your current postal address, telephone number andemail address, the product name and serial number for Your Television, and a copy of the original proof of purchase for YourTelevision. If You timely send a notice in compliance with this paragraph 6, the agreement to arbitrate will not apply to either You orRoku. 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 theagreement to arbitrate described herein, any such deletion or modification will not apply to any individual Claim between You andRoku, of which You have notified Roku prior to such modification.Choice of LawThis Agreement shall be governed by the laws of the State of California, as if entered into by residents of California, without giving effect to anyconflict of laws principles that may provide the application of the law of another jurisdiction.MiscellaneousThis Agreement is the final, complete and exclusive agreement between You, on the one hand, and Roku and TCL, on the other hand, relating tothe 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 theforegoing, this Agreement is not intended to modify or supersede the Important Product Information Guide and other documentation providedto You with the Television. No waiver or modification of this Agreement will be valid unless signed by Roku, TCL and You. Your right to use theTelevision, the Software, the Channel Store, Your Roku Account, the Software, or the Mobile Apps (as applicable) will immediately terminateupon 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 awaiver of any other term or breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid orunenforceable, the remaining provisions of this Agreement will remain in full force and effect.Contact InformationIf You desire to contact Roku, please send Your correspondence by mail toRoku, Inc.12980 Saratoga Avenue, Suite DSaratoga, CA 95070or by email to customerservice@roku.com.If You desire to contact TCL, please send your correspondence by mail toTTE Technology, Inc.555 S. Promenade Ave., Suite 103, Corona, CA 92879TCL and associated marks are trademarks of TCL S.A.used under license to TTE Corporation.or by email at USsupport@tcl.com.Additional TTE Technology Legal Statements:FCC StatementNote: 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 interferenceto radio Communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does |
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