TCL 43S435 Instructions Manual

Also see for 43S435: Manual

147B. In all other cases, including if you are a resident of the United States (and its possessions and territories) orCanada, you agree that this EULA shall be governed by the laws of the State of California without regard toany conflict of laws principles that may provide the application of the law of another jurisdiction; and:1. You and Roku agree to be bound by the procedures set forth below to resolve any and all claimsbetween you and Roku arising out of or relating to any aspect of this EULA, whether based in contract,tort, statute, fraud, misrepresentation or any other legal theory, including but not limited to, claimsbetween you and Roku related to the Television and the Software. Each such claim is referred toindividually as “Claim” and collectively as “Claims”.2. You and Roku agree that, except for THE claims identified in paragraph 4 of this section below, any and all CLAIMSBETWEEN YOU AND ROKU shall be finally settled by binding arbitration. The arbitration shall take place inSanta 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 SupplementaryProcedures 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 thearbitrator’s decision by a court is limited. YOU AND ROKU FURTHER AGREE THAT EACH OF YOU MAYBRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASSMEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator maynot consolidate or join more than one person’s claim and may not preside over any consolidated, representative orclass proceeding. Also, the arbitrator may award relief (including monetary, injunctive or declaratory relief) only on anindividual basis and may not award any form of consolidated, representative or class-wide relief. Notwithstandingany provision in these terms to the contrary, if the class-action waiver in this provision is deemed invalidor unenforceable, or if an arbitration is allowed to proceed on a class basis, then neither you nor Rokuare entitled to arbitrate the Claims. 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 competentjurisdiction.3. 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 initialarbitration filing fee, up to the amount of the initial filing fee if you were to initiate a lawsuit against Rokubased on such Claims in court. If the arbitrator finds such Claims to be non-frivolous, Roku will pay anydifference 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 tothe costs of litigation, Roku will pay as much of your actual filing fees and the arbitrator fees for thearbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive ascompared to the cost of litigation.4. This agreement to arbitrate does not apply to any Claim (a) in which a party is attempting to protect itsintellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, butnot including its privacy or publicity rights), or (b) that may be brought in small-claims court.5. If the agreement to arbitrate in this provision is found to be invalid, unenforceable or inapplicable to agiven Claim between You and Roku, then any and all proceedings to resolve such Claim must bebrought exclusively in a federal court of competent jurisdiction in the Northern District of California or ina state court in Santa Clara County, California. You hereby irrevocably consent to the exclusivejurisdiction 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 writtennotice of your decision to opt out to the following address: Legal Department, Roku, Inc., 150Winchester Circle, Los Gatos, CA 95032, USA; provided that, such notice must be postmarked on orbefore the 30th day after the first to occur of the following events if you do not already have a RokuAccount: (a) the date of purchase of Your Television, or (b) the date you create your Roku Account. Ifyou have an existing Roku Account, all devices you choose to link to your Roku Account, and all servicesprovided 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 emailaddress, the product name and serial number for Your Television, and a copy of the original proof ofpurchase for your Television. If you timely send a notice in compliance with this paragraph 6, theagreement to arbitrate will not apply to either you or Roku. If you do not timely send this notice, thenyou 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 deleteor materially modify the agreement to arbitrate described herein, any such deletion or modification willnot apply to any individual Claim of which you have notified Roku prior to such modification.MiscellaneousRoku may transfer its rights and obligations under this EULA to another organization. You may only transfer yourrights or your obligations under this EULA to another person if Roku agrees in writing. This EULA is between you andRoku. No other person shall have any rights to enforce these terms. Each of the paragraphs of this EULA operates