Insignia NS-55DR420NA16 User Manual (English) - Page 85
No Warranty from Roku, Limitation of Liability, Additional Terms Applicable to Mobile Apps
View all Insignia NS-55DR420NA16 manuals
Add to My Manuals
Save this manual to your list of manuals |
Page 85 highlights
32"/55" 1080p, 60Hz, LED Insignia Roku TV No Warranty from Roku This Agreement governs only Your access to and use of the Software, the Mobile App, the Channel Store, and Your Roku Account. Your warranty with respect to the Television and its operation (including the operation of the Software incorporated in the Television) is provided solely by Insignia as set forth in the Important Product Information Guide, and not by Roku. Roku offers no warranty to You under this Agreement. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TELEVISION, THE MOBILE APPS, THE SEPARATELY LICENSED CODE, THE SOFTWARE, THE CHANNEL STORE, AND ANY SERVICES PERFORMED OR PROVIDED BY THE FOREGOING ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ROKU HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY OF THE FOREGOING, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY, OF QUIET ENJOYMENT, OF QUIET POSSESSION, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, OR REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ROKU DOES NOT WARRANT (I) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE TELEVISION, THE MOBILE APPS, THE SOFTWARE, THE SEPARATELY LICENSED CODE, OR THE CHANNEL STORE, (II) THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY ANY OF THE FOREGOING WILL MEET YOUR REQUIREMENTS, (III) THAT THE OPERATION OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE, OR (IV) THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. Some jurisdictions do not allow exclusions or limitations on implied warranties, so the foregoing limitations of warranties may not apply to You. You may also have other rights that vary from jurisdiction to jurisdiction. Limitation of Liability TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR RESPECTIVE LICENSORS AND/OR SUPPLIERS BE LIABLE FOR (A) ANY PERSONAL INJURY OR PROPERTY DAMAGE; OR (B) ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR LOSS OF REVENUE OR PROFITS OR DATA OR USE OR FOR THE COST OF SUBSTITUTE GOODS, REGARDLESS OF THE THEORY (WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) ARISING OUT OF, OR IN CONNECTION WITH, ANY TELEVISION, ANY ROKU ACCOUNT, THE CHANNEL STORE, THE MOBILE APPS, THE SOFTWARE, THIRD PARTY CONTENT, THE SEPARATELY LICENSED CODE, OR YOUR USE THEREOF. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT ALLOWED BY LAW, AND OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW FOR PERSONAL INJURY CASES, YOU AGREE THAT (I) THE TOTAL CUMULATIVE LIABILITY OF ROKU, ROKU'S LICENSORS AND/OR ROKU'S SUPPLIERS, INCLUDING LIABILITY RELATING TO ANY TELEVISION, ANY ROKU ACCOUNT, THE CHANNEL STORE, THE SOFTWARE, THE THIRD PARTY CONTENT, THE SEPARATELY LICENSED CODE, AND THE MOBILE APPS SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100), AND (II) ROKU, ITS LICENSORS AND/OR SUPPLIERS SHALL NOT BE LIABLE TO YOU UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE TELEVISION. YOUR REMEDY, IF ANY, WITH RESPECT TO THETELEVISION, SHALL BE SOLELY AGAINST (A) THE SELLER FROM WHOM YOU PURCHASED IT AND (B) INSIGNIA, AS SET FORTH IN ACCORDANCE WITH THE IMPORTANT PRODUCT INFORMATION GUIDE PROVIDED BY INSIGNIA. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTAIL PURPOSE AND EVEN IF WE OR OUR LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. Additional Terms Applicable to Mobile Apps License The Mobile Apps are licensed, not sold, to You for use only under the terms of this Agreement. Roku, as the licensor, reserves all rights not expressly granted to You. This license granted to You by Roku for the Mobile Apps is limited to a non-exclusive, non-transferable license to use the Mobile Apps for personal and non-commercial purposes solely on any mobile device that You own or control and as permitted by the usage rules set forth in any application store terms and conditions and only within the country or location authorized by Roku. This license does not grant any rights to obtaining future upgrades, updates or supplements to any Mobile App. Usage Rules You may not commercialize the Mobile Apps in any way. You will not, and You will not allow any person to, copy sublicense, lease, sell or rent the Mobile Apps or any part thereof, to analyze it by means of reverse engineering, to decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mobile Apps, or of any updates thereto or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any Separately Licensed Code included with a Mobile App). Any attempt to do so is a violation of the rights of Roku and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of this license will govern any upgrades provided by Roku to a Mobile App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Consent to Use of Data You agree that Roku or a third party contracted by Roku, may collect and use technical and usage data and related information, including but not limited to, information about Your device, system and software, peripherals and Mobile App usage that is gathered periodically to facilitate the provision of updates, product support and other services (if any) to You related to the Mobile App. Roku may use this and other information it collects about You as described in its Privacy Policy, available at www.roku.com/about/privacy. Export Controls You agree not to download any Content, Mobile App, or Software, nor otherwise export or re-export the Television or Mobile Apps 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 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. By using the Television, the Channel Store, the Software or the Mobile Apps, 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. Roku Reserves the Right to Change Policies and Web Pages The policies and other content of the Roku web pages referred to in this Agreement may be changed by Roku from time to time in its sole discretion, without notice to You. Dispute Resolution by Binding Arbitration, with Class Action Waiver and Choice of Law • You and Roku agree to be bound by the procedures set forth below to resolve any and all claims arising out of or relating to any aspect of the relationship between You and Roku, whether based in contract, statute, tort, fraud, misrepresentation or any other legal theory, including but not limited to, claims relating to this Agreement, its formation, enforceability, performance or breach, and claims related to advertising, the Software, the Television, the Channel Store or the Mobile Apps (as applicable). 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 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 80 www.insigniaproducts.com