Dispute Resolution Terms

Legal Rights & Agreement Rules · Restriction or exception

These terms replace all earlier dispute-resolution terms between you and Roku

These Dispute Resolution Terms supersede and replace all prior terms for resolving disputes between you and Roku. Under them both sides must arbitrate certain claims, and the terms limit how you and Roku can seek relief from each other.

Supporting quotations

THEY SUPERSEDE AND REPLACE ALL PRIOR TERMS FOR RESOLVING DISPUTES BETWEEN YOU AND ROKU, REQUIRE YOU AND ROKU TO ARBITRATE CERTAIN CLAIMS, AND LIMIT HOW YOU AND ROKU CAN SEEK RELIEF FROM EACH OTHER.

Qualifications & exceptions

• The replacement covers prior terms for resolving disputes; it is not stated to replace other Roku consumer terms.
• The notice itself says arbitration is required for certain claims, leaving exclusions to later sections.

Legal Rights & Agreement Rules · Restriction or exception

With limited exceptions, court suits and class actions are off limits for both sides

With limited exceptions, these terms preclude you and Roku from suing in court or taking part in a class action. The parties agree that arbitration will proceed solely on an individual basis, not as a class arbitration, a class action, or any other representative proceeding.

Supporting quotations

WITH LIMITED EXCEPTIONS, THESE TERMS PRECLUDE YOU AND ROKU FROM SUING IN COURT OR PARTICIPATING IN A CLASS ACTION AND YOU AND ROKU AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

Qualifications & exceptions

• The restriction is mutual: it binds Roku as well as you.
• The notice says the exceptions are limited without listing them; later sections set out what is excluded from arbitration.

Legal Rights & Agreement Rules · Restriction or exception

You and Roku each give up any right to a jury trial

Both parties waive the right to a trial by jury. The waiver is mutual: it applies to you and to Roku alike.

Supporting quotations

YOU AND ROKU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

Qualifications & exceptions

• The waiver is mutual; it is not only the customer giving up jury trial.

Legal Rights & Agreement Rules · User right or choice

Opting out of arbitration means following the Section 1(L) instructions

Anyone who wants to opt out of the requirement to arbitrate is directed to follow the instructions set out in Section 1(L). This notice only points to that section.

Supporting quotations

FOLLOW THE INSTRUCTIONS BELOW IN SECTION 1(L) IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE.

Qualifications & exceptions

• Opting out is available only by following the Section 1(L) instructions as written.

Not stated here

• This notice does not itself state the opt-out deadline, address or contents; Section 1(L) supplies them and is read separately in this analysis.

Legal Rights & Agreement Rules · Restriction or exception

The terms reach claims that arose before you accepted them

These Dispute Resolution Terms apply to all Claims between you and Roku, including claims that arose before you accepted any version of these terms, as well as claims arising after acceptance.

Supporting quotations

These Dispute Resolution Terms apply to all Claims between you and Roku, including those that arose before and after you accepted any version of these terms containing an arbitration provision.

Qualifications & exceptions

• The retroactive reach attaches to versions of these terms that contain an arbitration provision.

Legal Rights & Agreement Rules · Context

A Claim covers any dispute about your account, Roku products, ads or your information

A Claim is any dispute, claim, cause of action or controversy between you and Roku, on any legal theory including contract, tort, statute, fraud or misrepresentation. It covers disputes arising from or relating to your Roku account, any Roku products, software or services, including devices linked to your account whether or not you own them, advertising or promotions run by or for Roku, and any use or disclosure of your information or information about you. It also covers disputes about the arbitrability, validity, enforceability or scope of Roku consumer terms between you and Roku, including these Dispute Resolution Terms themselves.

Supporting quotations

A “Claim” is any dispute, claim, cause of action, or controversy between you and Roku, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that arises from or relates to your Roku account, any of our products, software, or services (including any devices linked to your Roku account, whether or not owned by you), any advertising or promotions conducted by or for Roku, or any use or disclosure of your information or information about you, or claims related to the arbitrability, validity, enforceability, or scope of any Roku consumer terms and conditions between you and Roku (including these Dispute Resolution Terms) or any portion of them.

Qualifications & exceptions

• Devices count even when they are only linked to your account and owned by someone else.
• Disputes about whether these very terms are enforceable or arbitrable are themselves Claims.
• The definition is not limited to the listed legal theories: it extends to any other legal theory.

Legal Rights & Agreement Rules · Company practice

Customer support is offered as a first route for concerns about products and services

Roku's customer support team is available to address concerns about its products, software and services, reachable through the support site linked in the terms. Roku states that most matters can be resolved quickly this way to customers' satisfaction.

Supporting quotations

Our customer support team is available to address concerns you may have regarding our products, software, and services. You may contact them by visiting https://support.roku.com/. Most matters can be quickly resolved in this manner to our customers’ satisfaction.

Qualifications & exceptions

• Support is offered informally; this section does not make contacting support a precondition to arbitration (that precondition is Section 1(C)).
• Roku describes what most matters can achieve, not a promised outcome for any particular concern.

Legal Rights & Agreement Rules · Procedure

Most claims need 45 days of informal negotiation before arbitration can start

Except for IP Claims (defined in Section 1(D)) and claims requiring a temporary restraining order, both parties must try to resolve a Claim informally before it may be brought in arbitration. The parties must make a good-faith effort to negotiate for 45 days, or longer if they agree in writing. That window is called the Informal Resolution Period and runs from the day either party receives a written Claimant Notice meeting the requirements described later in the same section.

Supporting quotations

Except for IP Claims (defined in Section 1(D)) and Claims requiring a temporary restraining order, if either of us has a Claim against the other, both of us must first attempt to resolve the Claim informally before the Claim may be brought in arbitration. You and Roku will make a good-faith effort to negotiate for 45 days towards the resolution of any Claim, or for a longer period as mutually agreed in writing by you and Roku, (“Informal Resolution Period”) from the day you or Roku receive a written notice of a Claim from the other party (a “Claimant Notice”) meeting the requirements described below.

Qualifications & exceptions

• IP Claims and claims needing a temporary restraining order are excluded from the informal-resolution requirement.
• The 45-day period runs from receipt of a qualifying written Claimant Notice, not from when the dispute arose.
• A longer period is possible only if you and Roku agree in writing.
• The requirement binds both sides, including Roku.

Cross-references

• qualified by (model-proposed): Filing deadlines are paused while the informal resolution period runs — The tolling of limitation periods and filing-fee deadlines exists so the 45-day informal negotiation can take place, and lasts only for the duration of that period.

Legal Rights & Agreement Rules · Procedure

A Claimant Notice travels by certified mail to Roku's General Counsel or your account address

You send any Claimant Notice to Roku by certified mail addressed to its General Counsel at the San Jose address given in the terms, or to Roku's registered agent for service of process. Roku sends its Claimant Notice to you by certified mail at the current postal address in your Roku account, or, if you never gave a postal address, to the email address associated with your account.

Supporting quotations

You will send any Claimant Notice to Roku by certified mail addressed to General Counsel, Roku Inc., 1701 Junction Court, Suite 100, San Jose, CA 95112 or to Roku’s registered agent for service of process. Roku will send any Claimant Notice to you by certified mail using the current postal address you provided in your Roku account. If you did not provide your postal address to us, Roku will send any Claimant Notice to the email address associated with your Roku account, which you have provided to us.

Qualifications & exceptions

• Certified mail is the stated method in both directions.
• Email is only the fallback route to you, and only when you gave Roku no postal address.

Legal Rights & Agreement Rules · Procedure

A Claimant Notice must name the facts, basis and relief sought for the individual claim

Whichever party sends it, the Claimant Notice must give enough factual information for the receiving party to evaluate the individual Claim. It must include the claimant's name, address, email address and any relevant purchase and product information; describe the nature and basis of the Claim; and set out the specific relief requested, with a good-faith explanation of how that relief was calculated.

Supporting quotations

The Claimant Notice sent by either party must provide factual information sufficient for the receiving party to evaluate the individual Claim and must (i) include the claimant’s name, address, email address, and any relevant purchase information and product information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief requested, including a good-faith explanation of how the specific relief requested was determined.

Qualifications & exceptions

• The content requirements apply to notices from Roku as well as from you.
• The notice must cover an individual claim, and the relief request must be explained item by item rather than stated as a bare number.

Legal Rights & Agreement Rules · Context

The informal period lets the receiving party offer a resolution, but only if it chooses to

The Informal Resolution Period exists so that the party who received a Claimant Notice can make a fair, fact-based offer of resolution. Making an offer is voluntary: the recipient does so only if it chooses.

Supporting quotations

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of resolution if it chooses to do so.

Qualifications & exceptions

• The receiving party is not obliged to make an offer; offering is described as something it may choose to do.

Legal Rights & Agreement Rules · Procedure

Every claim requires an individual meet-and-confer before it can be arbitrated

During the Informal Resolution Period you and Roku take part in an individual meet-and-confer, in person or by telephone or video conference, covering only the Claims between you and Roku. If you have a lawyer, the lawyer may join, but you must attend the meet-and-confer yourself. Roku appears through one of its representatives, and its counsel may also be present.

Supporting quotations

During the Informal Resolution Period, you and Roku will participate in an individual meet-and-confer (“Meet-and-Confer”) in person or via teleconference or videoconference. The Meet-and-Confer will address only the Claims between you and Roku. If you are represented by counsel, your counsel may participate in the Meet-and-Confer, but you will still need to be present for the Meet-and-Confer. Roku will participate through one of its representatives, and its counsel may also be present.

Qualifications & exceptions

• Counsel may participate with you, yet your own presence is still required.
• The conference may be in person, by teleconference or by videoconference.
• Its subject is limited to the claims between you and Roku.

Legal Rights & Agreement Rules · Procedure

Arbitration may be filed only after both the meet-and-confer and the informal period finish

Either party can file a Claim in arbitration only once the meet-and-confer for that Claim has been completed and the Informal Resolution Period has ended.

Supporting quotations

You or Roku can file a Claim in arbitration only upon completion of the Meet-and-Confer for your Claim and only after the end of the Informal Resolution Period.

Qualifications & exceptions

• Both conditions must be satisfied; completing the meet-and-confer early does not shorten the informal period.

Legal Rights & Agreement Rules · Restriction or exception

Filing too early can be blocked in court and may cost the filer the other side's fees

If either party files in arbitration without complying with these terms, including waiting for the end of the Informal Resolution Period and completing the meet-and-confer, the other party reserves the right to ask a court to enjoin the filing and to seek damages from the non-complying party, including reimbursement of reasonable costs and fees such as arbitration fees, attorney fees and expert fees.

Supporting quotations

If you or Roku file a Claim in arbitration without complying with the requirements in these Dispute Resolution Terms, including waiting until the conclusion of the Informal Resolution Period and completion of the Meet-and-Confer, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party who has not followed the requirements, including to reimburse that party for any reasonable costs and fees—including arbitration fees, attorney fees, and expert fees.

Qualifications & exceptions

• The response is described as a reserved right to seek relief, not an automatic penalty.
• Named recoverable items are reasonable costs and fees, specifically arbitration, attorney and expert fees.
• Either party can invoke it against the other.

Legal Rights & Agreement Rules · Procedure

Filing deadlines are paused while the informal resolution period runs

The statute of limitations and any filing-fee deadlines for a Claim are tolled for the duration of that Claim's Informal Resolution Period, so that both sides can take part in the informal dispute-resolution process without losing time.

Supporting quotations

The statute of limitations and any filing-fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that you and Roku can engage in this informal dispute-resolution process.

Qualifications & exceptions

• Tolling covers the limitation period and filing-fee deadlines only; it is tied to the period for that particular Claim.
• The pause lasts for the duration of that Claim's informal period, and nothing here extends a deadline once it ends.

Cross-references

• qualifies (model-proposed): Most claims need 45 days of informal negotiation before arbitration can start — The tolling of limitation periods and filing-fee deadlines exists so the 45-day informal negotiation can take place, and lasts only for the duration of that period.

Legal Rights & Agreement Rules · User right or choice

You can leave arbitration behind by mailing an opt-out notice within 30 days

You may opt out of arbitration by mailing written notice of that decision to Roku's General Counsel at the San Jose address given in the terms. The notice must arrive within 30 days of you first becoming subject to these Dispute Resolution Terms.

Supporting quotations

You have the right to opt out of arbitration by sending written notice of your decision to opt out to the following address by mail: General Counsel, Roku Inc., 1701 Junction Court, Suite 100, San Jose, CA 95112 within 30 days of you first becoming subject to these Dispute Resolution Terms.

Qualifications & exceptions

• The 30 days run from the day you first became subject to these Dispute Resolution Terms, not from when a dispute arises.
• The notice goes by mail to the named General Counsel address.

Legal Rights & Agreement Rules · Procedure

An opt-out notice must name each person, the products at issue and, where available, a receipt

The notice must give the name and contact information of each person opting out, the specific product models, software or services at issue, the email address used to set up the Roku account if there is one, and a copy of the purchase receipt where one applies.

Supporting quotations

Such notice must include the name of each person opting out and contact information for each such person, the specific product models, software, or services used that are at issue, the email address that you used to set up your Roku account (if you have one), and, if applicable, a copy of your purchase receipt.

Qualifications & exceptions

• Each person opting out needs their own name and contact information.
• The products, software or services must be identified specifically.
• The account email is required only if you have one, and the receipt only where applicable.

Legal Rights & Agreement Rules · Restriction or exception

An opt-out sent by any route other than mail, including email, has no effect

Opt-out notices submitted by any method other than mail do not work, and email is named as one of the ineffective methods.

Supporting quotations

For clarity, opt-out notices submitted via any method other than mail (including email) will not be effective.

Qualifications & exceptions

• Mail is the only effective route; email is expressly ineffective.

Legal Rights & Agreement Rules · User right or choice

A valid opt-out frees both sides from arbitrating those claims

If you send a timely written opt-out notice containing the required information under Section 1(L), neither you nor Roku is required to arbitrate the Claims between you.

Supporting quotations

If you send timely written notice containing the required information in accordance with this Section 1(L), then neither party will be required to arbitrate the Claims between them.

Qualifications & exceptions

• The effect follows only from a timely notice containing the required information.
• Release from arbitration is mutual, covering Claims between you and Roku.

Cross-references

• exception to (model-proposed): Claims left over after the informal period go to final and binding arbitration, not court — A timely Section 1(L) opt-out removes the requirement to arbitrate the Claims between the parties, so the general arbitration commitment no longer binds either side.

Legal Rights & Agreement Rules · Restriction or exception

An unenforceable part drops away; the rest of the terms keep applying

If any part of these Dispute Resolution Terms is held invalid or unenforceable, that part stops applying to the parties. Every other part of these terms, and any end user terms that reference them, stays in effect unless these terms say otherwise.

Supporting quotations

If any part of these Dispute Resolution Terms is held to be invalid or unenforceable, that part will no longer apply to the parties but all other parts of these Dispute Resolution Terms and any end user terms referencing these Dispute Resolution Terms will remain in effect unless otherwise provided in these Dispute Resolution Terms.

Qualifications & exceptions

• Only the invalid or unenforceable part is removed.
• End user terms referencing these terms also remain in effect.
• The survival is subject to anything these terms provide otherwise.

Legal Rights & Agreement Rules · Restriction or exception

If the mass-arbitration rules fail, pending arbitrations must be withdrawn and go to court

To the extent Section 1(K) is held invalid or unenforceable, neither you nor Roku is bound by the requirement to arbitrate Claims already brought in arbitration, and the party who started the arbitration must withdraw the requests promptly. Either party may then pursue those pending Claims in court.

Supporting quotations

Notwithstanding the forgoing, to the extent that Section 1(K) is held to be invalid or unenforceable, then neither You or Roku will be bound by the requirements outlined in these Dispute Resolution Terms to arbitrate the pending Claims brought in arbitration by either party, and the party who initiated the arbitration shall withdraw the requests promptly. Either party may pursue such pending Claims in court.

Qualifications & exceptions

• It applies to the extent Section 1(K) is invalid or unenforceable, not to every invalidity finding.
• It covers Claims already brought in arbitration (pending Claims).
• The initiating party must withdraw promptly; court is available to either side afterwards.

Cross-references

• refers to (model-proposed): 25 or more similar notices with coordinated counsel inside 180 days become Mass Arbitrations — The severability exception is triggered specifically by invalidity of Section 1(K), the provision whose opening paragraph defines Mass Arbitrations.

Legal Rights & Agreement Rules · Restriction or exception

Roku not enforcing a provision does not waive it; waivers must be signed

If Roku does not enforce any provision of these Dispute Resolution Terms, that is not treated as a waiver of Roku's rights. Any waiver must be in a written document signed by an authorised representative of Roku.

Supporting quotations

If Roku does not enforce any provision of these Dispute Resolution Terms, that will not be considered a waiver of Roku’s rights. Any waiver of these Dispute Resolution Terms must be obtained in a written document signed by an authorized representative of Roku.

Qualifications & exceptions

• The non-waiver protection is stated for Roku's rights.
• A waiver needs a written document signed by an authorised Roku representative; silence or inaction does not qualify.

Legal Rights & Agreement Rules · Restriction or exception

The class-action waiver keeps applying even when a claim leaves arbitration

Except where these Dispute Resolution Terms provide otherwise, when a Claim does not proceed in arbitration the class-action waiver still applies, and a court may not preside over any action that joins, coordinates or consolidates the Claims of multiple individuals in one proceeding. You and Roku may still take part in a class-wide, collective or representative settlement of Claims.

Supporting quotations

Except as otherwise provided in these Dispute Resolution Terms, if a Claim does not proceed in arbitration, the class-action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the Claims of multiple individuals in a single proceeding, except that You and Roku may participate in a class-wide, collective, and/or representative settlement of Claims.

Qualifications & exceptions

• It applies except where these terms provide otherwise.
• The bar covers joining, coordinating and consolidating multiple individuals' Claims in a single proceeding.
• Participation in a class-wide, collective or representative settlement is carved out for both sides.

Cross-references

• refers to (model-proposed): Arbitration proceeds only between you and Roku individually, with class relief waived — The enforcement sentence keeps the same class-action waiver in effect when a Claim does not proceed in arbitration, referring back to the individual-capacity and class-relief waiver in Section 1.

Legal Rights & Agreement Rules · Context

The governing law is the one named in the Roku terms that link to these terms

The governing law identified in the applicable terms that link to or incorporate these Dispute Resolution Terms by reference applies to these terms.

Supporting quotations

The governing law identified in the applicable terms that link to or incorporate by reference these Dispute Resolution Terms shall apply.

Qualifications & exceptions

• The rule points outward to whichever Roku terms link to or incorporate these terms; that document, and the law it names, is not part of this source.

Not stated here

• This document does not name the linking terms or the law they identify, so which law governs in a given case is not established from this source.

Legal Rights & Agreement Rules · Context

With no law named elsewhere, Delaware law governs without its conflict-of-law rules

If the terms that link to or incorporate these Dispute Resolution Terms identify no governing law, all Claims are subject to, governed by, construed and interpreted under the laws of the State of Delaware, U.S.A., with Delaware's conflict of law rules excluded.

Supporting quotations

If there is no law identified in the applicable terms that link to or incorporate by reference these Dispute Resolution Terms, all Claims shall be subject to, governed by, construed, and interpreted in accordance with the laws of the State of Delaware, U.S.A., except for its conflict of law rules.

Qualifications & exceptions

• Delaware law applies only as a fallback when no governing law is identified in the linking terms.
• Delaware's conflict of law rules are expressly excluded.
• It covers all Claims, and reaches construction and interpretation as well as governance.

Legal Rights & Agreement Rules · Context

The forum is the one named in the Roku terms that link to these terms

The forum or forums identified in the applicable terms that link to or incorporate these Dispute Resolution Terms by reference apply.

Supporting quotations

The forum(s) identified in the applicable terms that link to or incorporate by reference these Dispute Resolution Terms shall apply.

Qualifications & exceptions

• The rule points to whatever forum the linking terms name; that document is not part of this source.

Not stated here

• This document does not name the linking terms or any forum they identify, so the forum in a given case is not established from this source.

Legal Rights & Agreement Rules · Restriction or exception

With no forum named elsewhere, non-arbitration claims go to Santa Clara County courts

If the terms that link to or incorporate these Dispute Resolution Terms identify no forum, all Claims that are not subject to arbitration under these terms and that cannot be heard in small claims court are resolved exclusively, and jurisdiction lies, in the courts located in Santa Clara County, California, U.S.A.

Supporting quotations

If there is no forum(s) identified in the applicable terms that link to or incorporate by reference these Dispute Resolution Terms, all Claims not subject to arbitration pursuant to these Dispute Resolution Terms and that cannot be heard in small claims court will be resolved exclusively and have jurisdiction in the courts located in Santa Clara County, California, U.S.A.

Qualifications & exceptions

• Santa Clara County applies only when the linking terms identify no forum.
• It covers Claims outside arbitration that also cannot be heard in small claims court.
• Jurisdiction there is stated to be exclusive.

Legal Rights & Agreement Rules · Context

These terms state an effective date of February 20, 2024

The document states that these Dispute Resolution Terms are effective as of February 20, 2024. That date is the version date stated on the document itself.

Supporting quotations

Effective: February 20, 2024

Qualifications & exceptions

• This is the effective date stated in the document, not a date this analysis observes or verifies independently.

Legal Rights & Agreement Rules · Restriction or exception

Claims left over after the informal period go to final and binding arbitration, not court

Both parties agree that every Claim meeting the Section 1(C) requirements that is not resolved during the Informal Resolution Period will be resolved only by a neutral arbitrator through final and binding arbitration instead of in a court. Claims unrelated to IP Claims but filed jointly with them are included in this commitment.

Supporting quotations

both parties agree that all Claims meeting the requirements of Section 1(C) that are not resolved during the Informal Resolution Period, including Claims that are unrelated to IP Claims but are jointly filed with IP Claims, will only be resolved by a neutral arbitrator through final and binding arbitration instead of in a court.

Qualifications & exceptions

• The commitment covers only Claims that meet Section 1(C)'s requirements and that remain unresolved after the Informal Resolution Period.
• A non-IP Claim filed together with an IP Claim still goes to arbitration under this sentence.
• The agreed route is arbitration before a neutral arbitrator, expressly instead of court.

Cross-references

• has exception (model-proposed): A valid opt-out frees both sides from arbitrating those claims — A timely Section 1(L) opt-out removes the requirement to arbitrate the Claims between the parties, so the general arbitration commitment no longer binds either side.
• has exception (model-proposed): IP Claims are carved out of the arbitration commitment — IP Claims are carved out of the mutual commitment that unresolved qualifying Claims go to binding arbitration; the carve-out sentence begins with 'Except for IP Claims'.

Legal Rights & Agreement Rules · Restriction or exception

IP Claims are carved out of the arbitration commitment

IP Claims are excluded from binding arbitration. They are disputes that relate exclusively to infringement of your or Roku's intellectual-property rights, namely patent, copyright, trademark, tradename, trade dress, trade secret or moral rights. Privacy and publicity rights are expressly left out of that definition, so disputes over them are not IP Claims.

Supporting quotations

Except for “IP Claims,” which are disputes that exclusively relate to infringement of your or Roku’s intellectual-property rights (such as patent, copyright, trademark, tradename, trade dress, trade secret, or moral rights, but excluding any privacy or publicity rights),

Qualifications & exceptions

• The carve-out covers disputes that exclusively relate to intellectual-property infringement; a dispute mixing IP and other issues is not described here as an IP Claim.
• Privacy or publicity rights are excluded from the IP Claims definition.

Cross-references

• exception to (model-proposed): Claims left over after the informal period go to final and binding arbitration, not court — IP Claims are carved out of the mutual commitment that unresolved qualifying Claims go to binding arbitration; the carve-out sentence begins with 'Except for IP Claims'.

Legal Rights & Agreement Rules · Procedure

Binding individual arbitration is run by the American Arbitration Association under the FAA

Subject to Sections 1(C) and 1(F), any Claim not excluded under Section 1(D) may be resolved only by binding individual arbitration conducted by the American Arbitration Association (AAA), according to the federal statute the terms name as the Federal Arbitration Act, 9 U.S.C. § 1, et seq. ("FAA"). The citation is quoted as the document states it; the statute's text is not supplied in this source.

Supporting quotations

Subject to the terms of Sections 1(C) and 1(F), a Claim not excluded under Section 1(D) may be resolved only by binding individual arbitration conducted by American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”).

Qualifications & exceptions

• Subject to Sections 1(C) and 1(F), and only for Claims not excluded under Section 1(D).
• The arbitration is individual and binding, and the named administrator is the AAA.
• The FAA appears as the named governing statute; the analysis classifies the citation by its wording only and does not supply or interpret the statute.

Not stated here

• The source names the FAA but does not include its text; what the statute requires beyond this wording is not established here.

Cross-references

• qualified by (model-proposed): Consumers arbitrate under the AAA Consumer Arbitration Rules as these terms modify them — The Consumer Arbitration Rules apply only to Claims the AAA arbitrates and only when the customer is a Consumer, narrowing the rules that govern the AAA forum.
• has exception (model-proposed): If the class waiver fails, the whole arbitration promise falls and claims go to a bench trial — If the class-action waiver is struck down or class arbitration is allowed, the arbitration provision becomes null and void, which is an exception to the AAA forum commitment rather than merely to the waiver.
• has exception (model-proposed): Either side may use small-claims court instead of arbitration, except for IP Claims — The small-claims route lets either side pursue a non-IP Claim in small-claims court instead of the AAA arbitration the same section otherwise requires.

Legal Rights & Agreement Rules · Procedure

Consumers arbitrate under the AAA Consumer Arbitration Rules as these terms modify them

For Claims the AAA arbitrates, if you are a Consumer — someone who uses Roku's products, software or services only for personal, family or household purposes — the Applicable Rules are the then-current version of the AAA's Consumer Arbitration Rules, as modified by these Dispute Resolution Terms.

Supporting quotations

For Claims arbitrated by AAA, if you are a “Consumer,” meaning that you only use our products, software, or services for personal, family, or household purposes, the rules applicable to Claims between you and Roku (the “Applicable Rules”) are the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Dispute Resolution Terms.

Qualifications & exceptions

• Consumer means use only for personal, family or household purposes; any other use falls outside this definition.
• The rules apply in their then-current version, and these Dispute Resolution Terms modify them.

Cross-references

• qualifies (model-proposed): Binding individual arbitration is run by the American Arbitration Association under the FAA — The Consumer Arbitration Rules apply only to Claims the AAA arbitrates and only when the customer is a Consumer, narrowing the rules that govern the AAA forum.

Legal Rights & Agreement Rules · Procedure

If the AAA says it cannot arbitrate, NAM conducts the arbitration under NAM rules

Where the AAA notifies both parties in writing that it is unavailable to arbitrate a Claim, that Claim may only be settled by binding individual arbitration conducted by National Arbitration and Mediation (NAM), according to the FAA. For Claims NAM arbitrates, the Applicable Rules are the then-current version of NAM's Comprehensive Dispute Resolution Rules and Procedures, as modified by these Dispute Resolution Terms.

Supporting quotations

If the AAA notifies the parties in writing that it is not available to arbitrate any such Claim, that Claim may only be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), www.namadr.com/, according to the FAA. For Claims arbitrated by NAM, the Applicable Rules are the then-current version of NAM’s Comprehensive Dispute Resolution Rules and Procedures, as modified by these Dispute Resolution Terms.

Qualifications & exceptions

• The switch to NAM requires written notice from the AAA that it is unavailable to arbitrate that Claim.
• NAM applies its own Comprehensive Dispute Resolution Rules and Procedures, then-current and modified by these terms, rather than the AAA Consumer Arbitration Rules.

Legal Rights & Agreement Rules · Context

The enforceability of these terms is governed by the Federal Arbitration Act as far as law allows

The enforceability of these Dispute Resolution Terms is governed both substantively and procedurally by the FAA to the extent that the law permits.

Supporting quotations

The enforceability of these Dispute Resolution Terms will be substantively and procedurally governed by the FAA to the extent permitted by law.

Qualifications & exceptions

• Governance is stated both substantively and procedurally.
• It applies only to the extent permitted by law.

Not stated here

• The source cites the FAA without reproducing it; the extent to which law permits this governance is not established from this document.

Legal Rights & Agreement Rules · Procedure

The arbitrator has exclusive authority over procedure, decisions and remedies

As limited by the FAA, these Dispute Resolution Terms and the Applicable Rules, the arbitrator has exclusive authority to make every procedural and substantive decision about a Claim in arbitration and to grant any remedy or relief that a court could grant at law or in equity.

Supporting quotations

As limited by the FAA, these Dispute Resolution Terms, and the Applicable Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim in arbitration and to grant any remedy or relief that would be available in a court under law or in equity.

Qualifications & exceptions

• The authority is exclusive but bounded: it is exercised as limited by the FAA, these terms and the Applicable Rules.
• Remedies are those a court could award at law or in equity.

Legal Rights & Agreement Rules · Restriction or exception

The arbitrator may award only individual remedies, and the award binds both sides

To the fullest extent allowed by applicable law, the arbitrator may award legal or equitable remedies only where they are individual to you or to Roku and satisfy one of the individual Claims. The award binds both parties and may be entered as a judgment in any court with jurisdiction.

Supporting quotations

To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Roku to satisfy one of the individual Claims. The arbitrator’s award shall be binding on both you and Roku and may be entered as a judgment in any court of competent jurisdiction.

Qualifications & exceptions

• The limit operates to the fullest extent allowed by applicable law.
• Remedies must be individual to one party and satisfy one individual Claim; group-wide relief is outside this sentence.
• Entry as a judgment is possible in any court of competent jurisdiction.

Legal Rights & Agreement Rules · Context

The terms record that arbitration replaces court, jury trial and broader discovery

You and Roku acknowledge that without these Dispute Resolution Terms each would have the right to sue in court and to have a jury trial, and that the right to discovery may be more limited in arbitration than in court.

Supporting quotations

You and Roku understand that absent these Dispute Resolution Terms, each would have the right to sue in court and have a jury trial. You and Roku further understand that the right to discovery may be more limited in arbitration than in court.

Qualifications & exceptions

• The loss of court and jury is mutual, stated for both parties.
• The discovery difference is stated as 'may be more limited', not measured.

Legal Rights & Agreement Rules · Procedure

Either side starts arbitration by filing a demand with the AAA or, where applicable, NAM

You or Roku may start arbitration of any Claim that meets Section 1(C) and was not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA under the Applicable Rules, or with NAM under the Applicable Rules where Section 1(E) makes NAM applicable. The terms give filing instructions sources: the AAA website or 800-778-7879, and the NAM website or 800-358-2550.

Supporting quotations

You or Roku may initiate arbitration of any Claim meeting the requirements of Section 1(C) that are not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA in accordance with the Applicable Rules (or with NAM in accordance with the Applicable Rules if applicable pursuant to this Section 1(E)). Instructions for filing a demand for arbitration with the AAA are available on the AAA website or by calling the AAA at 800-778-7879, and instructions for filing a demand for arbitration with NAM are available on the NAM website or by calling NAM at 800-358-2550.

Qualifications & exceptions

• Only Claims meeting Section 1(C) and unresolved after the Informal Resolution Period may be started this way.
• Filing with NAM is available only where Section 1(E) makes NAM applicable.
• The demand must follow the Applicable Rules.

Legal Rights & Agreement Rules · Procedure

A copy of the arbitration demand is served by certified mail on the other side

You send a copy of any arbitration demand to Roku by certified mail addressed to its General Counsel in San Jose or to Roku's registered agent for service of process. Roku sends any demand to you by certified mail at the postal address in your account, or, if you gave no postal address, to your account email address.

Supporting quotations

You will send a copy of any demand for arbitration to Roku by certified mail addressed to General Counsel, Roku Inc., 1701 Junction Court, Suite 100, San Jose, CA 95112 or Roku’s registered agent for service of process. Roku will send any demand for arbitration to you by certified mail using the current postal address you provided in your Roku account. If you did not provide your postal address to us, Roku will send any arbitration demand to the email address associated with your Roku account, which you have provided to us.

Qualifications & exceptions

• The email route to you exists only when you have given Roku no postal address.
• Certified mail is the stated method for both directions.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration proceeds only between you and Roku individually, with class relief waived

Any arbitration is conducted by you and Roku in your respective individual capacities only, not as a class action or other representative action, and each waives the right to file a class action or seek relief on a class basis, unless these terms state otherwise.

Supporting quotations

Any such arbitration shall be conducted by you and Roku in our respective individual capacities only and not as a class action or other representative action, and we each waive the right to file a class action or seek relief on a class basis, unless otherwise stated in these terms.

Qualifications & exceptions

• The waiver is mutual.
• The terms leave room for an exception stated elsewhere in these terms ('unless otherwise stated in these terms').

Cross-references

• referred to by (model-proposed): The class-action waiver keeps applying even when a claim leaves arbitration — The enforcement sentence keeps the same class-action waiver in effect when a Claim does not proceed in arbitration, referring back to the individual-capacity and class-relief waiver in Section 1.

Legal Rights & Agreement Rules · Restriction or exception

If the class waiver fails, the whole arbitration promise falls and claims go to a bench trial

If a court or arbitrator finds the class-action waiver void or unenforceable, or allows arbitration to proceed on a class basis, then the arbitration provision in these terms is deemed null and void in its entirety and the parties are treated as never having agreed to arbitrate Claims. Claims released from arbitration that the parties do not settle must then be resolved by bench trial in court in accordance with Section 4.

Supporting quotations

If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in these Dispute Resolution Terms shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims. Any such Claims so released from arbitration (that the parties do not settle) must be resolved by bench trial in court in accordance with Section 4.

Qualifications & exceptions

• The trigger is a decision by a court or arbitrator that the waiver is void or unenforceable, or that class arbitration may proceed.
• The consequence reaches the entire arbitration provision, not just the class waiver.
• Disputes that the parties settle drop out; the rest go to bench trial in court under Section 4.
• Both released-claim routes are directed to the venue provision (Section 4) rather than described in this section.

Not stated here

• Section 4 is the venue provision of these terms: the same saved copy renders that heading as '4. Venue.', while the analysis blocks for the Enforcement, Governing Law and Venue headings omit their leading numbers, so the mapping rests on that numbering rather than on an anchored quote.

Cross-references

• exception to (model-proposed): Binding individual arbitration is run by the American Arbitration Association under the FAA — If the class-action waiver is struck down or class arbitration is allowed, the arbitration provision becomes null and void, which is an exception to the AAA forum commitment rather than merely to the waiver.

Legal Rights & Agreement Rules · User right or choice

Either side may use small-claims court instead of arbitration, except for IP Claims

You or Roku may pursue any Claim other than an IP Claim in a small-claims court instead of arbitration, provided the Claim meets that court's jurisdictional requirements and the court does not permit class or similar representative actions or relief.

Supporting quotations

You or Roku may pursue any Claim, except IP Claims, in a small-claims court instead of through arbitration if (i) the Claim meets the jurisdictional requirements of the small claims court and (ii) the small claims court does not permit class or similar representative actions or relief.

Qualifications & exceptions

• IP Claims cannot be taken to small-claims court under this provision.
• Both conditions must hold: jurisdictional requirements met, and no class or representative relief allowed by that court.
• It is an alternative route chosen instead of arbitration.

Cross-references

• exception to (model-proposed): Binding individual arbitration is run by the American Arbitration Association under the FAA — The small-claims route lets either side pursue a non-IP Claim in small-claims court instead of the AAA arbitration the same section otherwise requires.

Legal Rights & Agreement Rules · Procedure

Once a Claimant Notice is served, both sides must seek protection for sensitive material before exchanging it

If you or Roku serve a Claimant Notice, both agree to cooperate in seeking protection for any confidential, proprietary, trade-secret or otherwise sensitive information, documents, testimony or other materials that might be exchanged or become the subject of discovery. The protection must be sought before any of that material is exchanged or otherwise becomes subject to discovery.

Supporting quotations

If you or Roku serve a Claimant Notice, you and Roku agree to cooperate to seek protection for any confidential, proprietary, trade-secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery. You and Roku agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery.

Qualifications & exceptions

• The duty starts when either party serves a Claimant Notice.
• What is promised is cooperation in seeking protection, not that protection will be granted or that material will never be exchanged.
• It covers material that might be exchanged or discovered, including testimony.
• Protection must be sought before exchange or discovery happens.

Legal Rights & Agreement Rules · Context

25 or more similar notices with coordinated counsel inside 180 days become Mass Arbitrations

When a party receives 25 or more Claimant Notices within 180 days of the first one, and all of those notices raise similar Claims and share the same or coordinated counsel, those Claims are treated as Mass Arbitrations.

Supporting quotations

If 25 or more Claimant Notices are received by a party within 180 days of the first Claimant Notice that the party received, and all such Claimant Notices raise similar Claims and have the same or coordinated counsel, then these Claims will be considered “Mass Arbitrations.”

Qualifications & exceptions

• The 180 days are counted from the first Claimant Notice received by that party.
• All three conditions must hold: the 25-notice threshold, similar Claims, and the same or coordinated counsel.
• The count is of Claimant Notices received, not of claims filed.

Cross-references

• referred to by (model-proposed): If the mass-arbitration rules fail, pending arbitrations must be withdrawn and go to court — The severability exception is triggered specifically by invalidity of Section 1(K), the provision whose opening paragraph defines Mass Arbitrations.
• referred to by (model-proposed): The bellwether process waits until counsel says nearly all notices are in — The written confirmation that nearly all Claimant Notices are in is what starts the bellwether process for the claims already grouped as Mass Arbitrations under the 25-notice definition.

Legal Rights & Agreement Rules · Procedure

Whether claims qualify as Mass Arbitrations is decided by the arbitration provider administratively

Either party may tell the other that it believes the Claims at issue are Mass Arbitrations. Disagreement about whether a Claim meets the Mass Arbitrations definition is decided by the arbitration provider as an administrative matter rather than by the arbitrator deciding the merits.

Supporting quotations

You or Roku may advise the other if you or Roku believe that the Claims at issue are Mass Arbitrations, and disputes over whether a Claim meets the definition of “Mass Arbitrations” will be decided by the arbitration provider as an administrative matter.

Qualifications & exceptions

• Either side may raise the point; neither needs the other's agreement to do so.
• The provider decides it as an administrative matter.

Legal Rights & Agreement Rules · Restriction or exception

Sharing a claim with others under coordinated counsel waives the objection that joining them is impractical

To the extent a party asserts the same Claim as other people and is represented by common or coordinated counsel, that party waives any objection that joining all such people is impracticable.

Supporting quotations

To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable.

Qualifications & exceptions

• The waiver applies only where the same Claim is asserted and counsel is common or coordinated.
• What is waived is the impracticability objection to joinder, not every objection to the proceedings.

Legal Rights & Agreement Rules · Restriction or exception

Mass Arbitrations can only be filed through the bellwether process set out below

Mass Arbitrations may be filed in arbitration only as the process set out in this section permits.

Supporting quotations

Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below.

Qualifications & exceptions

• Filing outside that process is excluded; the restriction governs arbitration filings of Mass Arbitrations specifically.

Legal Rights & Agreement Rules · Procedure

Limitation periods pause for mass-arbitration claims while the process runs

Applicable statutes of limitations are tolled for Claims asserted in a Mass Arbitration from the time a party receives a compliant Claimant Notice until these Dispute Resolution Terms allow that Mass Arbitration to be filed in arbitration or in court.

Supporting quotations

Applicable statutes of limitations will be tolled for Claims asserted in a Mass Arbitration from the time a compliant Claimant Notice has been received by a party until these Dispute Resolution Terms permit such Mass Arbitration to be filed in arbitration or court.

Qualifications & exceptions

• Tolling starts from receipt of a compliant Claimant Notice, so a notice that does not meet Section 1(C)'s requirements is not described as starting the pause.
• It ends when the terms permit filing in arbitration or court, not when the dispute is resolved.
• It applies to Claimants asserted in a Mass Arbitration.

Legal Rights & Agreement Rules · Procedure

The bellwether process waits until counsel says nearly all notices are in

The bellwether process does not begin until the counsel representing the Mass Arbitrations has told the other party in writing that all or substantially all of the Claimant Notices for the Mass Arbitrations have been submitted.

Supporting quotations

The bellwether process set forth in this section will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted.

Qualifications & exceptions

• The trigger is written confirmation from claimants' counsel, and 'all or substantially all' is the stated threshold.
• Until that notice is given, the bellwether process itself does not proceed.

Cross-references

• refers to (model-proposed): 25 or more similar notices with coordinated counsel inside 180 days become Mass Arbitrations — The written confirmation that nearly all Claimant Notices are in is what starts the bellwether process for the claims already grouped as Mass Arbitrations under the 25-notice definition.

Legal Rights & Agreement Rules · Procedure

Twenty mass-arbitration cases are tested first, ten chosen by each side

After that point, counsel for the parties choose 20 Mass Arbitrations to proceed in arbitration as a bellwether so each side can test the merits of its arguments. Each side selects 10 claimants who have provided compliant Claimant Notices, and only those selected cases may be filed with the arbitration provider.

Supporting quotations

After that point, counsel for the parties will select 20 Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider.

Qualifications & exceptions

• Each side selects 10, so the first 20 cases are split evenly.
• Only claimants who provided compliant Claimant Notices can be selected.
• No case outside the selected 20 may be filed with the provider at this stage.

Legal Rights & Agreement Rules · Restriction or exception

Unselected mass-arbitration cases stay out of arbitration and carry no fees until chosen

Both sides acknowledge that the bellwether process delays resolution of some Mass Arbitrations. The remaining Mass Arbitrations are not filed or treated as filed in arbitration, and no arbitration fees are assessed for them, unless and until they are selected for individual arbitration proceedings under Section 1(K).

Supporting quotations

You and Roku acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process. Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 1(K).

Qualifications & exceptions

• Delay is an acknowledged consequence of the bellwether process.
• While unselected, those cases are neither filed nor deemed filed, and no arbitration fees attach to them.
• The stay ends only if a case is later selected for individual arbitration under Section 1(K).

Cross-references

• has exception (model-proposed): If mediation fails, the remaining claims leave arbitration for a bench trial — When mediation fails, the requirement to arbitrate stops applying to released Mass Arbitrations, ending the earlier rule that those unselected cases are not filed and carry no arbitration fees.

Legal Rights & Agreement Rules · Procedure

Each bellwether case gets its own arbitrator, unless the parties agree otherwise

A single arbitrator presides over each Mass Arbitration selected for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Supporting quotations

A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Qualifications & exceptions

• One arbitrator per case, and normally one case per arbitrator.
• Parties may agree to depart from that arrangement.

Legal Rights & Agreement Rules · Procedure

After the bellwether cases end, all remaining claims go to one mediation that Roku pays for

Once the arbitrations in the bellwether process have concluded, or sooner if the claimants and the other party agree, counsel for the parties must take part in a single mediation covering all remaining Mass Arbitrations, and Roku pays the mediator's fee.

Supporting quotations

Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, with the mediator’s fee paid by Roku.

Qualifications & exceptions

• It is one mediation covering every remaining Mass Arbitration, not separate mediations.
• It may be held earlier if the parties agree.
• Roku pays the mediator's fee; other costs of mediation are not assigned here.

Legal Rights & Agreement Rules · Procedure

Counsel have 30 days to agree on a mediator, or the provider appoints one

Counsel for the claimants and the other party must agree on a mediator within 30 days after the last bellwether arbitration concludes. If they cannot agree within 30 days, the arbitration provider appoints a mediator as an administrative matter. All parties must cooperate so the mediation is scheduled as quickly as practicable after the mediator is appointed.

Supporting quotations

Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

Qualifications & exceptions

• The 30 days run from the conclusion of the last bellwether arbitration.
• Default appointment is made by the arbitration provider administratively.
• Scheduling is a cooperation duty aimed at speed, not a fixed deadline.

Legal Rights & Agreement Rules · Restriction or exception

If mediation fails, the remaining claims leave arbitration for a bench trial

If mediation does not resolve all remaining Mass Arbitrations, the requirement to arbitrate stops applying to Mass Arbitrations whose compliant Claimant Notice was received by the other party but which were not resolved in the bellwether proceedings. Those released Mass Arbitrations must be resolved by bench trial in court under Section 4.

Supporting quotations

If the mediation does not yield a resolution of all remaining Mass Arbitrations, the requirement to arbitrate in these Dispute Resolution Terms will no longer apply to Mass Arbitrations for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Such Mass Arbitrations released from the requirement to arbitrate must be resolved by bench trial in court in accordance with Section 4.

Qualifications & exceptions

• Release from arbitration covers only Mass Arbitrations with a received compliant Claimant Notice that survived the bellwether unresolved.
• Mediation must fail to resolve them first.
• The court route specified is a bench trial under Section 4, not a jury trial.
• Both released-claim routes are directed to the venue provision (Section 4) rather than described in this section.

Not stated here

• Section 4 is the venue provision of these terms: the same saved copy renders that heading as '4. Venue.', while the analysis blocks for the Enforcement, Governing Law and Venue headings omit their leading numbers, so the mapping rests on that numbering rather than on an anchored quote.

Cross-references

• exception to (model-proposed): Unselected mass-arbitration cases stay out of arbitration and carry no fees until chosen — When mediation fails, the requirement to arbitrate stops applying to released Mass Arbitrations, ending the earlier rule that those unselected cases are not filed and carry no arbitration fees.

Legal Rights & Agreement Rules · Restriction or exception

Mass arbitrations that reach court still lose the jury

If Mass Arbitrations released from the requirement to arbitrate are brought in court, both parties are subject to a waiver of jury trial.

Supporting quotations

If Mass Arbitrations released from the requirement to arbitrate are brought in court, they are subject to a waiver to jury trial by both parties.

Qualifications & exceptions

• The waiver applies once those released claims are brought in court.
• It is mutual.

Legal Rights & Agreement Rules · Restriction or exception

Class treatment in court is limited to claimants who filed compliant notices

Claimants may seek class treatment, but to the fullest extent allowed by applicable law the class sought may include only claimants in Mass Arbitrations whose compliant Claimant Notice the other party received. Any party may contest class certification at any stage of the litigation and on any available basis.

Supporting quotations

Claimants may seek class treatment, but to the fullest extent allowed by applicable law, the class sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.

Qualifications & exceptions

• The membership limit is subject to the fullest extent allowed by applicable law.
• Anyone in the class must have had a compliant Claimant Notice received by the other party.
• Class certification can be contested by any party at any stage and for any available reason.

Legal Rights & Agreement Rules · Procedure

Courts can enforce the bellwether and mediation steps and block non-compliant filings

Courts have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands that are not made in compliance with those processes.

Supporting quotations

Courts will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with these processes.

Qualifications & exceptions

• Court authority covers the bellwether and mediation processes defined in this section.
• Enforcement can include injunctions against lawsuits or arbitration demands filed outside the processes.