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71
Export Controls
You agree not to download any Content or Soware, nor otherwise export or re-export any Television or the Soware into (or to a naonal or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria or any other country as to which the United States or your country has embargoed goods, or to anyone on the U.S. Treasury Depart-
ment’s List of Specially Designated Naonals or the U.S. Commerce Department’s Table of Denial Orders or on similar restricted lists published by your government
from me to me. By using any Television or the Soware, you are represenng and warranng that you are not located in, under the control of, or a naonal or
resident of any such country or on any such list.
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 manufac-
turer, 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 conict of laws principles that may provide the applicaon of the law of another
jurisdicon; 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 relang to
any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentaon or any other legal theory, including but not limited to,
claims between you and Roku related to the Television and the Soware. Each such claim is referred to individually as “” and collecvely as
“”.
TWEEN YOU AND ROKU SHALL BE FINALLY SETTLED BY BINDING ARBITRATION. The arbitraon shall take place in Santa Clara County, California
and shall be administered by the American Arbitraon Associaon (“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 arbitraon. Arbitraon procedures are sim-
pler 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
PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING
Notwithstanding any provision in these terms to the contrary, if the
class-acon waiver in this provision is deemed invalid or unenforceable, or if an arbitraon is allowed to proceed on a class basis, then neither you
nor Roku are entled to arbitrate the Claims. This arbitraon provision is subject to the Federal Arbitraon Act. The arbitrator’s award shall be binding
on you and Roku, and may be entered in any court of competent jurisdicon.
3. Informaon on AAA and how arbitraon is iniated 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 inial arbitraon ling fee, up to the amount of the inial ling fee if you were to iniate a lawsuit
against Roku based on such Claims in court. If the arbitrator nds such Claims to be non-frivolous, Roku will pay any dierence in such ling 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 arbitraon will be prohib-
ive as compared to the costs of ligaon, Roku will pay as much of your actual ling fees and the arbitrator fees for the arbitraon as the arbitrator
deems necessary to prevent the arbitraon from being cost-prohibive as compared to the cost of ligaon.
4. This agreement to arbitrate does not apply to any Claim (a) in which a party is aempng 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 jurisdicon in the Northern District of California
or in a state court in Santa Clara County, California. You hereby irrevocably consent to the exclusive jurisdicon and venue of such courts.
You have the right to opt out of this agreement to arbitrate by sending a wrien noce 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 noce must be postmarked on
or before the 30th day aer the rst to occur of the following events if you do not already have a Roku Account: (a) the date of purchase of Your Tele-
vision, or (b) the date you create your Roku Account. If you have an exisng 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 noce 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 mely send a noce in compliance with this paragraph 6, the agreement to arbitrate will not
apply to either you or Roku. If you do not mely send this noce, 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 the agreement to
arbitrate described herein, any such deleon or modicaon will not apply to any individual Claim of which you have noed Roku prior to such
modicaon.
Miscellaneous
Roku may transfer its rights and obligaons under this EULA to another organizaon. You may only transfer your rights or your obligaons under this EULA to another
person if Roku agrees in wring. This EULA is between you and Roku. No other person shall have any rights to enforce these terms. Each of the paragraphs of this EULA
operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and eect. If Roku fails
to insist that you perform any of your obligaons 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 waived its rights against you, or that you do not have to comply with those obligaons. If Roku does waive a default by you, Roku will only do so in writ-
ing, but that will not mean that Roku will automacally waive any later default by you.
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