Sanyo FW32R19F Owners Manual 1 - Page 63

NO WARRANTY FROM ROKU; Limitation of LIABILITY YOUR warranty with respect to the Television is provided by THE TELEVISION'S MANUFACTURER, and not by Roku. ROKU OFFERS NO WARRANTY TO YOU UNDER THIS EULA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SEPARATELY LICENSED CODE AND THE SOFTWARE ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ROKU DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ROKU DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE TELEVISION, THE SEPARATELY LICENSED CODE AND THE SOFTWARE WILL BE: (I) SECURE, VIRUS-FREE OR ERROR-FREE, OR (II) FREE FROM ATTACK OR SECURITY INTRUSION. (B) IN NO EVENT SHALL ROKU, ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF ANY TELEVISION, THE SEPARATELY LICENSED CODE, THE SOFTWARE, OR YOUR USE THEREOF; AND (C) YOU AGREE THAT (I) THE TOTAL CUMULATIVE LIABILITY OF ROKU, ITS DIRECTORS, OFFICERS AND EMPLOYEES UNDER THIS EULA, INCLUDING LIABIILTY RELATING TO ALL TELEVISIONS LINKED TO YOUR ROKU ACCOUNT, AND THE SEPARATELY LICENSED CODE AND THE SOFTWARE IN SUCH TELEVISIONS, AND YOUR USE THEREOF, SHALL NOT EXCEED THE AMOUNT SET FORTH IN THE ROKU ACCOUNT TERMS AND CONDITIONS YOU AGREED TO FOR YOUR ROKU ACCOUNT, AND (II) ROKU, ITS DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU UNDER THIS EULA FOR ANY DIRECT DAMAGES ARISING OUT OF, OR IN CONNECTION WITH THE TELEVISION. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY PROVIDED HEREIN FAILS ITS ESSENTIAL PURPOSE AND EVEN IF ROKU, ITS DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATOINS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NONWAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU, 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. 63 English 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 (American Arbitration Association) 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.