Hitachi Roku TV 50R8 Owner's Manual page 82

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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 Depart-

ment'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

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.

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

jurisdiction; and:

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".

YOU AND ROKU AGREE THAT, EXCEPT FOR THE CLAIMS IDENTIFIED IN PARAGRAPH 4 OF THIS SECTION BELOW, ANY AND ALL CLAIMS BE-

TWEEN 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 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

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 PER-

SON'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.

Information on AAA and how arbitration is initiated can be found at

$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 prohib-

itive 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.

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.

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.

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 Tele-

vision, 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.

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 writ-

ing, but that will not mean that Roku will automatically waive any later default by you.

www.adr.org

or by calling 800-778-7879. For Claims between You and Roku of

application

of the law of another

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