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Choice of Law; Dispute Resolution
A. If you are a consumer and a resident in any country in the European Economic Area where the sale of the Television is
expressly authorized by its manufacturer, this EULA does not apply to you.
B. In all other cases, including if you are a resident of the United States (and its possessions and territories) or Canada,
you agree that this EULA shall be governed by the laws of the State of California without regard to any 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 claims between 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, claims between you and Roku related to
the Television and the Software. Each such claim is referred to individually as “Claim” and collectively as “Claims”.
2. YOU AND ROKU AGREE THAT, EXCEPT FOR THE CLAIMS IDENTIFIED IN PARAGRAPH4 OF THIS SECTION
BELOW, ANY AND ALL CLAIMS BETWEEN YOU AND ROKU SHALL BE FINALLY SETTLED BY BINDING
ARBITRATION. The arbitration shall take place in Santa 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 Supplementary Procedures 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 the arbitrator’s decision by a court is limited. YOU AND ROKU FURTHER AGREE THAT EACH OF YOU MAY
BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE 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 is allowed to proceed on a class basis, then neither you nor Roku are
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 competent jurisdiction.
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 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 dierence 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.
4. This agreement to arbitrate does not apply to any Claim (a)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 (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 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.
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 to opt out to the following address: Legal Department, Roku, Inc., 150 Winchester Circle, Los Gatos,
CA 95032, USA; provided that, such notice must be postmarked on or before the 30th day after the first to occur of
the following events if you do not already have a Roku Account: (a) the date of purchase of Your Television, or (b) the
date you create your Roku Account. If you have an existing Roku Account, all devices you choose to link to your Roku
Account, and all services provided 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 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.
7. Notwithstanding any provision in this EULA 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 of which you have notified Roku prior to such modification.
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