Hisense 65R7050E User Manual page 66

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
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.
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.
Other informations
63
www.adr.org or by calling 800-778-7879. For Claims