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Haier 32E4000R User Manual page 75

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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 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 of a Claim between You and Roku is allowed to proceed on a class basis,
then neither You nor Roku are entitled to arbitrate such Claim. 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 (i) 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 (ii) that may be brought in small-claims court.
5. If the agreement between You and Roku 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., 12980 Saratoga
Avenue, Suite D., Saratoga, California 95070; provided that, such notice shall be postmarked on or before the
30th day after the first to occur of the following events: (i) the purchase of Your Television, (ii) Your receipt of
the Television, (iii) the establishment of a new Roku Account if You do not already have a Roku Account prior
to using Your Television, (iv) using or accessing the Channel Store, or (v) using, accessing or downloading the
Software or any Mobile App. 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
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