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146
you and Roku, and may be entered in any court of competent
jurisdict ion.
3. Inform at ion on AA A and how arbitration is initiated can be found at
www .adr.org or by calling 800 -778-
7879. For Claims betw een You and Roku of $75,0 00 or less, you w ill be responsible for the initial
arbitration filing fee, up to the amount of the initial filing fee if you w ere t o initiate a lawsuit against Roku
based on such Claims in court. If the arbitrator finds such Claim s 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
$75,0 0 0 , if you are able to demonstrate that the costs of arbitration w ill be prohibitive as compared to
the costs of litigation, Roku w ill pay as m uch 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 lit igation.
4. This agreement to arbit rate does not apply to any Claim (a) in which a part y is attempting to protect it s
intellectual property right s (such as it s patent, copyright, trademark, trade secret, or m oral rights, but
not including its privacy or publicity rights), or (b) that may be brought in small-claims court.
5. If the agreement t o arbitrate in this provision is found to be invalid, unenforceable or inapplicable to a
given Claim betw een You and Roku, then any and all proceedings to resolve such Claim m ust be
brought exclusively in a federal court of com petent jurisdiction in the Northern District of California or in
a stat e court in Santa Clara County, California. You hereby irrevocably consent t o the exclusive
jurisdict ion and venue of such courts.
6. 30 -Day Right to Opt Out: You have the right to opt out of this agreement t o arbitrate by sending a
written notice of your decision t o opt out to the following address: Legal Department, Roku, Inc., 150
W inchester Circle, Los Gatos, CA 950 32, USA; provided that, such not ice must be postmarked on or
before the 30th day after the first to occur of the following event s if you do not already have a Roku
Account : (a) the dat e of purchase of Your Television, or (b) the date you create your Roku A ccount. If
you have an existing Roku Account , all devices you choose t o link to your Roku Account, and all services
provided by Roku w hich are accessed using these devices, will be subject to t his agreement to arbitrate.
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 t imely send a notice in compliance w ith this paragraph 6, the
agreement to arbit rate will not apply t o either you or Roku. If you do not timely send this notice, then
you agree t o be bound by this agreement to arbit rate.
7. Notw ithstanding any provision in this Agreem ent to t he cont rary, you agree t hat, if Roku seeks to delete
or materially modify t he agreement to arbitrate described herein, any such deletion or modification will
not apply t o any individual Claim of which you have notified Roku prior to such m odification.
Miscellaneous
Roku may transfer its rights and obligations under this EULA t o anot her organizat ion. You may only transfer your
rights or your obligations under this EULA to another person if Roku agrees in w riting. This EULA is betw een you and
Roku. No other person shall have any right s to enforce these terms. Each of the paragraphs of this EULA operates
separately. If any court or relevant authority decides t hat any of them are unlaw ful, the remaining paragraphs will
remain in full force and effect. If Roku fails to insist t hat you perform any of your obligations under this EULA, or if
Roku does not enforce its rights against you, or if Roku delays in doing so, that will not mean that Roku has w aived its
rights against you, or that you do not have to com ply w ith those obligations. If Roku does waive a default by you,
Roku will only do so in writing, but that w ill not mean that Roku will automat ically w aive any later default by you.
Contact Information
If you w ish to contact Roku, please send your correspondence by mail to Roku, Inc., 150 W inchester Circle, Los Gatos,
CA 950 32 USA, or by email to
customerservice@roku.com.
Last Updated: April 21, 20 16
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