Insignia NS-55DR420NA16 User Manual (English) - Page 86
Choice of Law, Miscellaneous, Contact Information, FCC Statement, Warning, Cables, Canadian Notice
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NS-32DR420CA16/ NS-55DR420CA16 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. • 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. • 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. • 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. • 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. • 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 between You and Roku, of which You have notified Roku prior to such modification. Choice of Law This Agreement shall be governed by the laws of the State of California, as if entered into by residents of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Miscellaneous This Agreement is the final, complete and exclusive agreement between You, on the one hand, and Roku and Insignia, on the other hand, relating to the Television, the Channel Store, the Software and the Mobile Apps (as applicable), and supersedes all prior or contemporaneous proposals, advertisements, representations, understandings, or agreements relating thereto, whether oral or written; provided that, notwithstanding the foregoing, this Agreement is not intended to modify or supersede the Important Product Information Guide and other documentation provided to You with the Television. No waiver or modification of this Agreement will be valid unless signed by Roku, Insignia and You. Your right to use the Television, the Software, the Channel Store, Your Roku Account, the Software, or the Mobile Apps (as applicable) will immediately terminate upon Your breach of any applicable provision of this Agreement. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. Contact Information If You desire to contact Roku, please send Your correspondence by mail to Roku, Inc. French (Canada) 12980 Saratoga Avenue, Suite D Saratoga, CA 95070 or by email to [email protected]. If You desire to contact Insignia, please send your correspondence by mail to Best Buy 7601 Penn Ave South, Richfield, MN 55423 U.S.A. or by email at http://www.insigniaproducts.com/support.html FCC Statement Note: This equipment has been tested and found to comply with the limits for a class B digital Device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio Communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures: • Reorient or relocate the receiving antenna. • Increase the separation between the equipment and the receiver. • Connect the equipment into an outlet on a circuit different from that to which the receiver is connected. • Consult the dealer or an experienced radio/TV technician for help. Warning Changes or modifications not expressly approved by the party responsible for compliance could void the user's authority to operate the equipment. Cables Connections to this device must be made with shielded cables with metallic RF/EMI connector hoods to maintain compliance with FCC Rules and Regulations. Canadian Notice CAN ICES-3 (B)/NMB-3(B) Standard Television Receiving Apparatus - Appareil de réception télévision ordinaire, Canada BETS-7 / NTMR-7 www.insigniaproducts.com 81