Roku TCL TV S305 User Manual
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Page 73 Other devices Getting and using the Roku mobile app Roku makes the Roku mobile app free for compatible iOS®, Android™, and Microsoft Windows® mobile devices*. The Roku mobile app is an alternative remote control for your Roku TV The Roku mobile app also lets you find and add new Roku Channels, more easily search and find something to watch, and even use your voice to search without typing. Find more information by going to support.roku.com/home and searching for “mobile app.” Private Listening on the Roku mobile app Another feature of the Roku mobile app is the ability to listen to streaming programs on headphones connected to your device (on compatible Apple and Android devices only). To use this feature, you must be watching or listening to streaming content (not live TV or other TV inputs), and you must have the latest version of the Roku mobile app. For more information, see: https://support.roku.com/article/217478308-private-listening-on-the-roku-mobile-app- Using a universal remote In many cases, you can program your cable or satellite universal remote control to also control your TV. You will need to have instructions for programming the remote control handy. Check with your cable or satellite provider for instructions. For details on how to set up the TV to work with universal remote controls, visit www.roku.com/universalremote.
Page 74 FAQ For the latest answers to Frequently Asked Questions, visit the TCL TV support website (http://tclusa.com/support) and the Support section of the Roku website (www.roku.com).
Page 75 Other information Battery Caution and Disposal Information • For best results, use alkaline batteries. • Install only new batteries of the same type in your product. • Failure to insert batteries in the correct polarity, as indicated in the battery compartment, may shorten the life of the batteries or cause batteries to leak. • Do not mix old and new batteries. • Do not use Rechargeable (Nickel Cadmium) or (Nickel Metal Hydride) batteries. • Do not mix Alkaline, Standard (Carbon-Zinc) or Rechargeable (Nickel Cadmium) or (Nickel Metal Hydride) batteries. • Do not dispose of batteries in fire. • Recycle or dispose of batteries as per state and local guidelines. Electronics Recycling Information For Consumers TCL strives to provide a high level of service to our customers and in the communities we serve, and recommends that consumers always look for a recycling or reuse alternative to throwing away televisions and other electronics. We encourage customers to recycle end-of-life electronic devices using one of the many convenient methods available today. In many states, TCL has programs in place to enable consumers to drop-off and recycle televisions free of charge. For information on electronics recycling in all 50 states, including drop-off locations, please visit the “Electronics Recycling” area of the TCL USA website at www.tclusa.com. Care and Cleaning • Caution: Turn off your TV before cleaning. • Clean the TV as needed using a soft lint-free cloth. Be sure to occasionally dust the ventilation slots in the cabinet to help assure adequate ventilation. • IMPORTANT: Never use strong cleaning agents, such as ammonia-based cleaners, or abrasive powder. These types of cleaners will damage the TV. The TV’s screen may be cleaned with a soft, lint-free cloth as well. Take care not to scratch or mar the screen. If necessary, you may use a cloth dampened with warm water. While cleaning, do not spray liquid directly on the screen, or allow liquid to run down the screen and inside the TV. Also, never place drinks or vases with water on top of the TV. This could increase the risk of fire, shock hazard or damage to the TV.
Page 76 Television Specifications • Broadcasting system US System NTSC-M, ATSC standard (8VSB), QAM • Receiving Channels VHF2-13, UHF14-69, CATV 14-36 (A)-(W), 37-59 (AA)- (WW), 60-85 (AAA)-(ZZZ), 86-94 (86)-(94), 95-99 (A-5)-(A-1), 100-135(100)-(135), 01 (4A) • Tuner type Frequency synthesized • Operating Temperature 5°C to 35°C (41°F to 95°F) • Operating Humidity 20% to 80%, non-condensing • Storage Temperature -15°C to 45°C (5°F to 113°F) • Storage Humidity 10% to 90%, non-condensing Notices TTE Technology, Inc. (“TTE”) Limited Warranty All TCL LCD/LED Models What your warranty covers: Defects in materials or workmanship to the original owner of this TCL product when purchased as new from an Authorized Dealer of TCL brand products in the United States and packaged with this warranty statement. New LCD/LED Televisions (Non-Commercial Use) For how long after your purchase: • One (1) year from date of purchase for parts and labor for non-commercial use. New LCD/LED Televisions (Commercial Use) For how long after your purchase: • Six (6) months from date of purchase for parts and labor for commercial use. • Commercial use includes, but is not limited to, the use of this product in a commercial or business environment, the use of this product in an institution or for institutional purposes, or other commercial purposes including rental purposes. What we will do • At TTE’s discretion, (1) pay an Authorized TCL Service Center for both labor charges and parts to repair your television, or (2) replace your television with a new or refurbished/remanufactured equivalent value product. The decision to repair or replace will be made solely by TTE. See “How to get service”. How to get service • Please have your original purchase receipt or proof of purchase (bill of sale or receipted invoice) which states that condition of the unit (New, Used, etc.), the unit’s date of purchase, place of purchase and model/serial number ready. The model/serial number information can be found on the back of your unit. • Call 1-877-300-8837 or visit www.TCLUSA/SUPPORT
Page 77 • A representative must troubleshoot your problem over the telephone or through e-mail before receiving service. If it is determined that your unit requires service, the service location will be at the sole discretion of TTE based upon the TTE Limited Warranty Statement. • At the sole discretion of TTE, television screen sizes 43” and smaller will either be repaired at an Authorized TCL Service Center or directly exchanged for a new or refurbished/recertified unit. At the sole discretion of TTE, television screen sizes 44” through 65” or larger will either be repaired or directly exchanged for a new or refurbished/recertified unit at an Authorized TCL Service Center or repaired in-home. • If repaired at an Authorized TCL Service Center, TTE is not responsible for transportation costs to the Authorized TCL Service Center. However, TTE will pay for return shipping. TTE will provide instructions for packaging and shipping the unit. Units that are improperly packed and damaged during shipping are not covered under your product warranty. • Proof of purchase in the form of a bill of sale or receipted invoice from an Authorized Dealer which is evidence that the product is within the warranty period must be presented to obtain warranty service. • In the event that a unit is to be replaced, a picture of the back of the unit showing the model and serial number and picture of the issue itself may be required. • PRE-AUTHORIZATION MUST BE OBTAINED BEFORE (1) SENDING ANY PRODUCT TO AN AUTHORIZED TCL SERVICE CENTER, OR (2) OBTAINING ANY IN-HOME REPAIR/REPLACEMENT/ RENTAL SERVICES. What your warranty does not cover • A unit sold in “As-Is”, “Used”, “Factory Reconditioned”, “Factory Re-Certified”, or “Refurbished”, condition or with faults. • Units physically broken during shipment from a Retailer. Please contact your Retailer for assistance. • Extended Service Plans purchased from Retailers. Please contact your Retailer for assistance. • Customer instruction. (Your Owner’s Manual describes how to install, adjust, and operate your unit. Any additional information should be obtained from your Authorized Dealer). • Installation and related adjustments, or damage resulting from installation. • Damage resulting from non-approved installation methods. • Signal reception problems not caused by your unit. • Damage from misuse, abuse, neglect, normal wear and tear, cosmetic damage, mishandling, faulty installation, or power line surges. • Markings or images on the television’s panel resulting from viewing fixed images (including but not limited to certain 4:3 images on wide screen televisions, or data or images in fixed screen locations from banners, video games, or certain broadcast networks). • Batteries. • A television that has been modified or incorporated into other products. • A unit purchased or serviced outside the USA. • Acts of nature or God, such as but not limited to earthquake or lightning damage. • Special, incidental or consequential damages. LIMITATION OF WARRANTY • THE WARRANTY STATED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THIS PRODUCT. NO VERBAL OR WRITTEN INFORMATION GIVEN BY TTE TECHNOLOGY, INC., ITS AGENTS OR
Page 78 EMPLOYEES SHALL CREATE A GUARANTY OR IN ANY WAY INCREASE OR MODIFY THE SCOPE OF THIS WARRANTY. • REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER. TTE TECHNOLOGY, INC. SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS PRODUCT. THIS DISCLAIMER OF WARRANTIES AND LIMITED WARRANTY ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THIS PRODUCT IS LIMITED TO THE APPLICABLE WARRANTY AND WARRANTY PERIOD SET FORTH ABOVE. THIS WARRANTY IS SUBJECT TO CHANGE WITHOUT NOTICE. PLEASE VISIT WWW.TCLUSA.COM TO VIEW THE MOST CURRENT VERSION. How State Law relates to this warranty • Some states do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. • This warranty gives you specific legal rights, and you also may have other rights that vary from state to state. If you purchased your unit outside the United States or seek warranty coverage outside the United States: This warranty does not apply. Contact your dealer for warranty information. Service calls which do not involve defective materials or workmanship are not covered by this warranty. Costs of such service calls are the sole responsibility of the purchaser.
Page 79 Legal statement Please note—Use of the TCL • Roku TV is governed by the TCL • Roku TV End User Agreement (see below). In addition, an end user online profile and billing account with Roku, Inc. (“Roku”) on Roku’s website (“Roku Account”) is required to stream content via the Internet using your TCL • Roku TV. A Roku Account gives you access to movies, television shows, and other audio-visual entertainment in the “Roku Channel Store,” a storefront of applications provided by Roku via your device’s on-screen menu. After your Roku Account is created, you can link your TCL • Roku TV to your account. By using the TCL • Roku TV, you agree to the following disclaimer. For the avoidance of doubt, the content disclaimer set forth herein shall refer to all content and channels accessible and available on the TCL • Roku TV, including those available via the Roku® streaming platform, as well as broadcast cable. Due to the various capabilities of the TCL • Roku TV, as well as limitations in the available content available therein, certain features, applications, and services may not be available on all TCL • Roku TV s, or in all territories. Some features on the TCL • Roku TV may also require additional peripheral devices or membership fees that are sold separately. Please visit the TCL • Roku TV or Roku, Inc. websites for more information on the TCL • Roku TV and content availability. The services and availability of content on the TCL • Roku TV are subject to change from time to time without prior notice. All content and services accessible through the TCL • Roku TV belong to third parties and are protected by copyright, patent, trademark and/or other intellectual property laws. Such content and services are provided solely for your personal noncommercial use. You may not use any content or services in a manner that has not been authorized by the content owner or service provider. Without limiting the foregoing, you may not modify, copy, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any content or services displayed through the TCL • Roku TV. You expressly acknowledge and agree that your use of the TCL • Roku TV is at your sole risk and that the entire risk as to satisfactory quality, performance and accuracy is with you. The TCL • Roku TV and all third party content and services are provided “as is” without warranty of any kind, either express or implied. TCL • Roku TV and Roku expressly disclaims all warranties and conditions with respect to the TCL • Roku TV content and services, either express or, implied, including but not limited to, warranties of merchantability, of satisfactory quality, fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. TCL and Roku do not guarantee the accuracy, validity, timeliness, legality, or completeness of any content or service made available through the TCL • Roku TV and does not warrant that the TCL • Roku TV, content or services will meet your requirements, or that operation of the TCL • Roku TV will be uninterrupted or error-free. Under no circumstances, including negligence, shall TCL or Roku be liable, whether in contract or tort, for any direct, indirect, incidental, special or consequential damages, attorney fees, expenses, or any other damages arising out of, or in connection with, any information contained in, or as a result of the use of the device, or any content or service accessed by you or any third party, even if advised of the possibility of such damages. Third party services may be changed, suspended, removed, terminated or interrupted, or access may be disabled at any time, without notice, and TCL and Roku makes no representation or warranty that any content or service will remain available for any period of time. Content and services are transmitted by third parties by means of networks and transmission facilities over which TCL and Roku have no control. Without limiting the generality of this disclaimer, TCL and Roku expressly disclaims any responsibility or liability for any change, interruption, disabling, removal of or suspension of any content or service made available through the TCL • Roku TV. TCL, Roku, the content providers, or the service providers may impose limits on the use of or access to certain services or content, in any case and without notice or liability. Any questions or requests for service relating to the content or services made available on the TCL • Roku TV should be submitted to the respective cable content or service provider or as described in the TCL • Roku TV User Guide. In the event of a conflict between the TCL • Roku TV End User Agreement and the terms set forth in this Legal Disclaimer, the TCL • Roku TV End User Agreement shall prevail and control in all circumstances. END USER LICENSE AGREEMENT (FOR ROKU TV) IMPORTANT: READ THIS AGREEMENT CAREFULLY BEFORE YOU USE A ROKU TV. ALSO REVIEW THE IMPORTANT PRODUCT INFORMATION THAT MAY HAVE BEEN PROVIDED WITH YOUR ROKU TV. Overview This End User License Agreement (“EULA”) between you and Roku, Inc. (“Roku”) governs the use of: (a) your television which uses the Roku platform to play digital content over the Internet (“Television”), and (b) any firmware and software that have been pre-installed on the Television and the firmware and software updates Roku provides to you for the Television (collectively, the “Software”). By linking the Television to your account on Roku’s website (“Roku Account”) or using the Television, you are agreeing to this EULA. If you are a resident of the European Economic Area, by agreeing to this EULA, you expressly agree to waive your right to withdraw. If you do not agree to this EULA, you do not have the right to use the Television or the Software. If you are within the allowable time period for returns under the applicable return policy, you may return the Television to your seller for a refund, subject to the terms of such return policy. You should perform a factory reset before you return it to erase data that may be stored on the Television. For instructions on how to reset your Television, please visit www.roku.com/support. In this EULA, “Channel” means an application in the Roku Channel Store; “Content” means movies, television shows, music and other audio and visual materials and entertainment; “Content Provider” means any provider of Content; and “Roku Channel Store” means the storefront of applications provided by Roku via the Television’s on-screen menu.
Page 80 Changes to This EULA Roku may amend this EULA at any time in its discretion. Such amendments shall be effective immediately upon posting of the amended EULA on Roku’s website or via the Television or your Roku Account, whichever occurs first. If you have a Roku Account that is linked to your Television, then in its option, Roku may also notify you of the amended EULA by sending a notice to the last email address you have provided to Roku. You agree to provide accurate and complete information if and when you set up your Roku Account, and you agree to promptly update your account information (including contact information) to keep it accurate and complete. You can do this at any time by signing in to your Roku Account. Following such posting or notice by any of the methods described above, continued use of your Television or Roku Account means you accept and agree to the amended EULA. If you do not agree to the amended EULA, Roku may not be able to provide updates, upgrades or enhancements to your Television, and you may not be able to continue using your Television or Roku Account. Permitted Use and Restrictions The Television and the Software are for personal, non-commercial use only. Copying or redistribution of any Content delivered via the Television is strictly prohibited and we may prevent or restrict you from copying or re-distributing any elements of the Software or Content using digital rights management or other technologies. The Television and the Software are for use only in those countries where the manufacturer of your Television has authorized its sale. If you are using the Television and the Software outside of these countries, the rights granted under this EULA do not apply. Some of the Content Providers use technologies to verify your geographic location, and you may not be able to use the Television or the Software to access any Content outside of the country or location authorized by Roku or the Content Provider. Except as expressly provided under this EULA, you do not acquire any intellectual property or other proprietary rights in or to the Television, the Software or the Content, including any rights in patents, inventions, improvements, designs, trademarks, database rights or copyrights, nor do you acquire any rights in any confidential information or trade-secrets. All rights not expressly granted to you in this EULA are reserved by Roku or its applicable licensors. You may not remove, obscure, alter or conceal any trademark, logo, copyright or other proprietary notice in or on any Television, Software or Content. The Software is proprietary to Roku or its third party licensors and may be used only with the Television. Subject to this EULA and, where appropriate, the applicable third party licenses, you have a non-exclusive, non-transferable license to run the Software and any updated versions provided to you by Roku, only in and as incorporated in the Television. This is a license and not a sale. You may not (a) copy, assign, sublicense, lease, sell or rent the Software, (b) distribute or otherwise transfer the Software except as incorporated in the Television, provided that, you do not retain any copies of the Software and the recipient reads and agrees to this EULA (including all amendments); (c) modify, adapt, translate, or create derivative works of the Software (except only to the extent any of the foregoing restriction is prohibited by applicable law or as may be permitted by the license terms governing any Separately Licensed Code included with the Software); (d) decompile, disassemble, reverse engineer or otherwise derive source code from the Software, except to the extent such actions cannot be prohibited under applicable law because they are essential to achieve inter-operability of the Software with another software program, and provided that the information obtained by you during such activities is (i) used only to achieve such inter-operability; (ii) not disclosed without Roku’s prior written consent; and (iii) not used to create any software that is substantially similar to the Software; (e) defeat, bypass, circumvent or interfere with any security mechanism or access control measures, or (f) have any of the foregoing done for you by a third party. This license does not include the right to receive Software upgrades or updates. Your right to use the Television and the Software will immediately terminate upon your breach of this EULA. Software Updates IN ITS SOLE DISCRETION, ROKU MAY PROVIDE UPDATES TO YOUR TELEVISION VIA THE INTERNET, INCLUDING BUG FIXES AND UPDATES, CHANGES IN THE USER INTERFACE OR HOW YOU ACCESS CONTENT, AND OTHER CHANGES THAT MAY ADD, ALTER OR REMOVE FUNCTIONALITIES AND FEATURES. YOU ACKNOWLEDGE THAT THESE UPDATES: (A) MAY HAPPEN AUTOMATICALLY IN THE BACKGROUND AT ANY TIME (AND THAT THEY CANNOT BE DISABLED BY YOU); AND (B) WILL REQUIRE AN INTERNET CONNECTION AND YOU MAY INCUR ADDITIONAL DATA CHARGES FROM THE PROVIDER OF THE INTERNECT CONNECTION. YOU UNDERSTAND THAT THESE UPDATES ARE NECESSARY TO MAINTAIN COMPATIBILITY WITH OTHER UPDATES TO ROKU’S PRODUCTS OR SERVICES AND MAY BE REQUIRED FOR SECURITY REASONS. BY USING THE TELEVISION, YOU HEREBY AGREE TO RECEIVE SUCH UPDATES. Separately Licensed Code Certain software components of the Software are provided under separate third party license terms (“Separately Licensed Code”) and your right to use such components is governed by such license terms. Please visit https://www.roku.com/separatelylicensedcode for more information. Voice Search If downloaded to your phone or mobile device, the Roku mobile app allows you to use your voice to search for content on your Television using voice search. When you choose to use voice search, you agree that Roku and/or a third party vendor contracted by Roku have your consent to record, process and store your voice inputs (e.g., a recording and the interpretation of what was said), and use such voice inputs with other information about your Television (e.g., device identifier) to provide services related to voice search to you, to improve the accuracy and quality of the service, and as described in Roku’s Privacy Policy. To learn more about voice search, visit the FAQ pages of Roku’s website at www.roku.com/support. NO WARRANTY FROM ROKU; Limitation of LIABILITY YOUR warranty with respect to the Television is provided by THE TELEVISION’S MANUFACTURER, and not by Roku. ROKU OFFERS NO WARRANTY TO YOU UNDER THIS EULA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SEPARATELY LICENSED CODE AND THE SOFTWARE ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ROKU DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY,
Page 81 SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ROKU DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE TELEVISION, THE SEPARATELY LICENSED CODE AND THE SOFTWARE WILL BE: (I) SECURE, VIRUS-FREE OR ERROR-FREE, OR (II) FREE FROM ATTACK OR SECURITY INTRUSION. (B) IN NO EVENT SHALL ROKU, ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF ANY TELEVISION, THE SEPARATELY LICENSED CODE, THE SOFTWARE, OR YOUR USE THEREOF; AND (C) YOU AGREE THAT (I) THE TOTAL CUMULATIVE LIABILITY OF ROKU, ITS DIRECTORS, OFFICERS AND EMPLOYEES UNDER THIS EULA, INCLUDING LIABIILTY RELATING TO ALL TELEVISIONS LINKED TO YOUR ROKU ACCOUNT, AND THE SEPARATELY LICENSED CODE AND THE SOFTWARE IN SUCH TELEVISIONS, AND YOUR USE THEREOF, SHALL NOT EXCEED THE AMOUNT SET FORTH IN THE ROKU ACCOUNT TERMS AND CONDITIONS YOU AGREED TO FOR YOUR ROKU ACCOUNT, AND (II) ROKU, ITS DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU UNDER THIS EULA FOR ANY DIRECT DAMAGES ARISING OUT OF, OR IN CONNECTION WITH THE TELEVISION. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY PROVIDED HEREIN FAILS ITS ESSENTIAL PURPOSE AND EVEN IF ROKU, ITS DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATOINS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. Export Controls You agree not to download any Content or Software, nor otherwise export or re-export any Television or the Software into (or to a national 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 Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or on similar restricted lists published by your government from time to time. By using any Television or the Software, you are representing and warranting that you are not located in, under the control of, or a national 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 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 PARAGRAPH 4 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 difference 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.
Page 82 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 Agreement 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. Miscellaneous Roku may transfer its rights and obligations under this EULA to another organization. You may only transfer your rights or your obligations under this EULA to another person if Roku agrees in writing. 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 effect. If Roku fails to insist that 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 waived its rights against you, or that you do not have to comply with those obligations. If Roku does waive a default by you, Roku will only do so in writing, but that will not mean that Roku will automatically waive any later default by you. Contact Information If you wish to contact Roku, please send your correspondence by mail to Roku, Inc., 150 Winchester Circle, Los Gatos, CA 95032 USA, or by email to [email protected]. Last Updated: April 21, 2016 HDMI® The terms HDMI® and HDMI® High-Definition Multimedia Interface, and the HDMI® Logo are trademarks or registered trademarks of HDMI® Licensing LLC in the United States and other countries. Dolby Audio™ Manufactured under license from Dolby Laboratories. Dolby, Dolby Audio, and the double-D symbol are trademarks of Dolby Laboratories. Copyright 1992-2015 Dolby Laboratories. All rights reserved. Roku Roku and the Roku logo are registered trademarks of Roku, Inc. in the United States and other countries.