Charges & Financial Obligations · Restriction or exception
Roku excludes lost profits and incidental or consequential damages and caps recovery at the purchase price
Roku states it shall not be liable for loss of revenue or profits, failure to realize savings or other benefits, or any other special, incidental or consequential damages caused by the use, misuse or inability to use the device, whatever legal theory the claim rests on and even if Roku was advised of the possibility of those damages. It also states that recovery of any kind against Roku shall not exceed the purchase price of the device that caused the alleged damage.
Details
- What it covers
- Loss of revenue or profits, failure to realize savings or other benefits, special, incidental or consequential damages
- Condition
- Regardless of the legal theory and even if Roku was advised of the possibility of such damages
- What it covers
- Recovery capped at the purchase price of the Device
Supporting quotations
ROKU SHALL NOT BE LIABLE FOR LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE, MISUSE, OR INABILITY TO USE THIS DEVICE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF ROKU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOR SHALL RECOVERY OF ANY KIND AGAINST ROKU BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE DEVICE SOLD BY ROKU AND CAUSING THE ALLEGED DAMAGE.
Qualifications & exceptions
- Excludes loss of revenue or profits, failure to realize savings or other benefits, and special, incidental or consequential damages caused by the use, misuse or inability to use this Device.
- Applies regardless of the legal theory on which the claim is based, and even if Roku has been advised of the possibility of such damages.
- Recovery of any kind against Roku is capped at the purchase price of the Device sold by Roku that caused the alleged damage.
Not stated here
- The document does not state whether the cap includes the device's purchase price as paid to an Authorized Dealer rather than to Roku.
Cross-references
- narrows (model-proposed): Roku chooses between in-home repair, paying a service center, or replacing the television — The repair, service or replacement remedy is backed by a stated exclusive remedy and a recovery cap: the remedy card sets what Roku may do, while the limitation card excludes lost profits and consequential damages and limits any recovery to the device's purchase price.
- has exception (model-proposed): State law may override the limitations, and buyers keep other state-specific rights — The liability card excludes incidental and consequential damages and caps recovery at the purchase price; the state-law paragraph says some states do not allow the exclusion or limitation of incidental or consequential damages, so that exclusion or limitation may not apply to a given purchaser.
Also annotated in the same passage (3)
- No express warranties beyond those listed, and no implied warranty lasts past the express warranty period
- The purchaser assumes risk of loss or injury not caused directly by Roku's negligence
- Warranty is limited to the original purchaser, non-transferable, the exclusive remedy, and governed by California law