DEVICE END USE AGREEMENT
DEVICE END USE AGREEMENT
(Effective Date: XXX)
This Device End Use Agreement ("Agreement") governs the use of the Device (as defined below) manufactured and supplied by Hisense International Co., Ltd, its affiliates and subsidiaries (referred to as "we", "us", or "our"). This Agreement is a legal agreement between the purchaser/end user (referred to as "you" or "your") and us, solely in our capacity as the hardware manufacturer of the Device.
IMPORTANT NOTICE: This AGREEMENT applies exclusively to the Device hardware. The operating system, each contained or incorporated function, pre-installed or downloadable software, applications, and any smart or digital services accessible through the Device (collectively, "Software and Services") are provided by their respective third-party developers, platform operators, or licensors (each, a "Software Provider"). Your use of any Software and Services is governed solely by the applicable terms and conditions, privacy policies, and end-user license agreements of the respective Software Provider(s), and not by this AGREEMENT. We assume no responsibility or liability of any kind in respect of any Software and Services.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 12 APPLICABLE TO UNITED STATES OR OTHER COUNTRY RESIDENTS UNLESS YOU TIMELY OPT OUT. PLEASE READ SECTION 12 AND THIS ENTIRE AGREEMENT CAREFULLY.
By using the Device, you acknowledge that you have read and accepted this AGREEMENT. If you do not agree to this AGREEMENT, please discontinue use of the Device immediately, or send an email within 30 days from purchasing to product.tv.info@gmail.com, specifying your name, device model, and email address and stating that you “do not consent to the latest Hisense DEUA.” If you agreed to a prior version of the Agreement, you are still bound by the prior version.
"Device" means the physical hardware product (including, but not limited to, a smart television set) manufactured by us through which this AGREEMENT is made available.
"Software and Services" means the operating system (OS), functions, pre-installed applications, downloadable applications, smart services, digital content platforms, cloud services, and any other software or internet-connected features or functionality accessible through the Device, all of which are provided by third-party Software Providers and are not manufactured or controlled by us.
"Software Provider" means any third-party developer, platform operator, licensor, or service provider whose software, operating system, functions, applications, or services are made accessible through the Device, including but not limited to OS vendors and application developers.
"Intellectual Property Rights" means all legal and beneficial titles and/or interest in all patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks, trade names, rights to domain names, rights in get-up and trade dress, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets), and any other intellectual property rights, in each case whether registered or unregistered and including all applications, rights to apply for and to obtain, and renewals or extensions of, rights to claim priority from such rights, and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
"Personal Data" refers to any information that identifies or makes an individual identifiable. The definition of Personal Data depends on the applicable law based on your physical location.
This AGREEMENT governs your use of the Device in its capacity as a hardware product only. Specifically:
• Hardware Coverage: This AGREEMENT covers your rights and obligations with respect to the physical Device, its hardware components, and the hardware warranty described herein.
• Software and Services Exclusion: This AGREEMENT does not govern, and we make no representations or warranties with respect to, any Software and Services accessible through the Device, including but not limited to: (a) the operating system (OS) and its updates; (b) pre-installed or downloadable applications; (c) streaming platforms, content services, or digital marketplaces; (d) cloud-based features or internet-connected functions; or (e) any data processing activities carried out by Software Providers.
• Applicable Terms for Software and Services: For any Software and Services, you must refer to and comply with the separate terms and conditions, privacy policies, and end-user license agreements published by the relevant Software Provider(s). We are not a party to those agreements and accept no liability thereunder.
We expressly disclaim any responsibility for the availability, functionality, content, data practices, or legal compliance of any Software and Services. Any questions or issues relating to Software and Services should be directed to the respective Software Provider.
You may use the Device solely for lawful personal purposes and in accordance with this AGREEMENT. You may not:
• Use the Device for any unlawful, fraudulent, or harmful purpose;
• Disassemble, reverse engineer, tamper with, or physically modify the Device hardware in a manner not expressly authorized by us;
• Circumvent any hardware-level security mechanisms built into the Device;
• Use the Device hardware in a commercial context or for any purpose other than personal use, unless expressly authorized by us in writing;
• Attempt to gain unauthorized access to any hardware component or hardware-level interface of the Device.
TO THE EXTENT PERMITTED BY APPLICABLE, WE RESERVE THE RIGHT TO VOID THE DEVICE WARRANTY IN THE EVENT WE REASONABLY DETERMINE THAT THE DEVICE HAS BEEN PHYSICALLY MODIFIED, TAMPERED WITH, OR OTHERWISE USED IN VIOLATION OF THIS AGREEMENT.
The Device runs an operating system and software stack provided by third-party Software Providers. We supply the Device hardware as a platform to host such Software and Services but do not develop, maintain, control, or license the operating system or any software running on it.
The Device may come pre-installed with certain third-party applications (such as streaming services, browsers, or platform apps). These applications are provided as a convenience and are governed exclusively by the terms, conditions, and privacy policies of their respective developers and operators.
For example, where the YouTube application is pre-installed on a Device, you should refer to the YouTube Terms of Service at https://www.youtube.com/t/terms and Google’s Privacy Policy at https://policies.google.com/privacy. We use YouTube API Services solely as a pass-through integration in the hardware and accept no liability for YouTube’s services or data practices.
Any third-party application may be modified, updated, removed, or discontinued at any time by its developer without notice to us or to you. We are not responsible for such changes and have no obligation to replace or compensate for any removed or discontinued application.
Questions, complaints, or service requests relating to any pre-installed or downloadable application should be directed to the respective application developer or service provider.
By using the Device, you acknowledge and agree that:
• The operating system, functions contained therein and all software on the Device are subject to the terms and conditions, privacy notices, and end-user license agreements of the applicable Software Provider(s). Please review and comply with those terms before using the Device's Software and Services.
• We have no control over, and accept no liability for, the operating system or any software, including any updates, patches, modifications, or removal of software features by the Software Provider(s).
• Any data collected, processed, or transmitted by the operating system or any application is governed solely by the Software Provider’s privacy policy and terms, not by this AGREEMENT.
• We make no representations or warranties that the Device will remain compatible with any particular version of the operating system or any application, and compatibility may change over time without notice from us.
All Intellectual Property Rights in the Device hardware design, hardware architecture, and hardware-related technologies remain the exclusive property of us or our licensors. Nothing in this AGREEMENT transfers or grants any ownership interest in our hardware Intellectual Property Rights to you.
Intellectual Property Rights in the operating system, applications, software, digital content, and services accessible through the Device are owned by the respective Software Providers or their licensors. We make no claim to such rights and grant no license in respect thereof under this AGREEMENT.
You are granted a non-exclusive, limited, non-transferable, personal license to use the Device hardware solely for the purposes described in this AGREEMENT. No other rights are granted.
FOR THE DEVICE HARDWARE, WE GRANT TO YOU A SPECIAL WARRANTY TO THE EXTENT AS SPECIFIED AND UNDER THE PREREQUISITES SET IN THE DEVICE WARRANTY CARD PROVIDED WITH THE DEVICE. IN CASE OF A DEFECT IN THE DEVICE HARDWARE, YOUR REMEDIES ARE AS SET FORTH IN THE DEVICE WARRANTY CARD, AND, SUBJECT TO APPLICABLE MANDATORY LAW, YOU ARE NOT ENTITLED TO ANY FURTHER CLAIMS AGAINST US ON ANY LEGAL BASIS.
THE FOREGOING HARDWARE WARRANTY LIMITATIONS SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR PERSONAL INJURY CAUSED BY A DEFECT IN THE DEVICE HARDWARE. FOR THE AVOIDANCE OF DOUBT, THE AFORESAID DOES NOT LIMIT OUR LIABILITY FOR DAMAGES ACCORDING TO MANDATORY STATUTORY PROVISIONS. THE SPECIAL WARRANTY GRANTED BY US DOES NOT EXCLUDE OR LIMIT ANY CONTRACTUAL OR STATUTORY CLAIMS YOU MAY HAVE AGAINST THE SELLER OF THE DEVICE.
THE DEVICE HARDWARE WARRANTY EXPRESSLY DOES NOT COVER:
• Defects or failures caused by software, operating system errors, application malfunctions, or any act or omission of a Software Provider;
• Loss of data, service interruptions, or degradation in Software and Services performance;
• Physical damage resulting from misuse, unauthorized modification, or accidents not covered by the Warranty Card;
• Incompatibility between the Device hardware and any particular software version or application.
To the extent permitted by applicable law, warranty coverage for the Device may be affected where a defect or damage is directly caused by or attributable to repair, servicing, or modification performed by a party other than a Hisense authorized service provider, or by the use of parts or tools not certified by us. Any such limitation applies only to the specific defect or damage so caused; warranty coverage for unaffected components and unrelated defects remains in full force and effect. Nothing in this section restricts any right to repair or warranty right that cannot be waived under applicable mandatory law, including applicable right-to-repair legislation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND WITH RESPECT TO ANY SOFTWARE AND SERVICES ACCESSIBLE THROUGH THE DEVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
WE DO NOT WARRANT THAT: (A) ANY SOFTWARE OR SERVICE WILL BE AVAILABLE, ACCURATE, COMPLETE, OR TIMELY; (B) THE DEVICE WILL BE COMPATIBLE WITH ALL SOFTWARE OR SERVICES; OR (C) ANY SOFTWARE OR SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
FOR ALL MATTERS RELATING TO SOFTWARE AND SERVICES, INCLUDING AVAILABILITY, PERFORMANCE, CONTENT, AND DATA PRACTICES, PLEASE REFER TO THE APPLICABLE SOFTWARE PROVIDER’S TERMS AND WARRANTIES.
THE FOREGOING DISCLAIMERS SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, PERSONAL INJURY, OR FRAUDULENT CONCEALMENT OF A DEFECT OF THE DEVICE HARDWARE BY US.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE LOSS OR DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR IN CONNECTION WITH:
• Any Software and Services accessed or used through the Device;
• The unavailability, removal, modification, or discontinuation of any software, application, or service by a Software Provider;
• Any data collection, processing, or sharing by a Software Provider;
• Any incompatibility between the Device hardware and any software or service;
• Any act or omission of any third-party Software Provider.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE DEVICE HARDWARE UNDER THIS AGREEMENT SHALL BE LIMITED TO THE REMEDIES SET FORTH IN THE DEVICE WARRANTY CARD.
CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON US WHICH CANNOT BE EXCLUDED OR LIMITED. THIS AGREEMENT MUST BE READ SUBJECT TO SUCH STATUTORY PROVISIONS. WHERE SUCH PROVISIONS APPLY, OUR LIABILITY WILL BE LIMITED, AT OUR OPTION, TO: (A) THE REPLACEMENT OR REPAIR OF THE DEVICE; OR (B) THE PAYMENT OF THE COST OF REPLACING OR REPAIRING THE DEVICE. THE FOREGOING LIMITATIONS DO NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR PERSONAL INJURY.
We do not collect Personal Data through the Device hardware. To the extent any Personal Data is collected, processed, or transmitted through the Device, such collection is performed solely by the relevant Software Provider(s) through the operating system, applications, or services running on the Device, and is governed exclusively by the respective Software Provider's privacy policy and applicable law. Please review each Software Provider's privacy policy prior to using their software or service.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE DEVICE HARDWARE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF. IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY HARDWARE PRODUCT, INTELLECTUAL PROPERTY RIGHT, OR OTHER ASSET OWNED, LICENSED, USED, OR CONTROLLED BY US.
You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
• Your violation of this AGREEMENT;
• Your use of the Device hardware in a manner not authorized by this AGREEMENT;
• Your use of any Software and Services, which is governed by the applicable Software Provider’s terms and for which we assume no liability.
Please Read This Section Carefully. It May Affect Your and Our Legal Rights.
UNITED STATES OF AMERICA RESIDENTS/CONSUMERS ONLY.
Dispute Resolution Agreement (Including Mandatory Informal Dispute Resolution and Arbitration Agreement, Class Action Waiver, and Limited 30-Day Opt-Out of Arbitration)
In the unlikely event that you or we experience an issue that cannot be resolved informally, you and we agree to the dispute resolution processes set forth below. If a dispute cannot be resolved through the mandatory informal dispute resolution process, then except as stated otherwise below, you and we agree to address the dispute through binding individual arbitration or in small claims court where you reside, rather than through a jury trial or class action. Class and representative proceedings are not allowed. In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision. The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone.
Unless specifically excepted in Section 12(D) below, “Dispute” shall be interpreted broadly to cover any claim or controversy arising out of, relating in any way to, or connected in any way with: (i) the relationship between you and us; (ii) your Device or use of the Device; (iii) the advertising, marketing, sale, condition, or performance of the Device; (iv) your Personal Data; and (v) the terms and conditions relating to the Device, or Personal Data—including, but not limited to, this EULA and the Data Protection Policy.
“Party” shall be interpreted to refer to you and us individually, and “Parties” shall refer to you and us collectively.
The terms of this Section 12 apply to all Disputes even if the acts, omissions, or relationships giving rise to such Disputes occurred prior to this version of the EULA (or such modification). But if you or we filed an arbitration or lawsuit prior to this version of the EULA (or such modification), that arbitration or lawsuit will continue to be governed by the version of the EULA applicable when the arbitration or lawsuit was filed.
A. Mandatory Informal Dispute Resolution Procedure
If you or we intend to initiate an arbitration or small claims court proceeding, you or we must first send a fully completed notice of the Dispute (the “Notice”) to the other Party. The Notice must include (i) name and contact information (email address, mailing/physical address, and telephone number); (ii) a description of the nature and basis of the Dispute; (iii) the specific issue; and (iv) the nature, amount, and basis of the relief sought. The Notice must be personally signed by you (if you are sending the Notice) or by a Hisense representative (if we are sending the Notice) even if you or we are represented by counsel. Your Notice shall be sent by email to product.tv.info@gmail.com. Our Notice shall be sent to the email or physical address we have on file for you.
Once the Notice is received by the other Party, you and we agree to participate and negotiate in good faith about the Dispute for sixty (60) days. This participation includes a telephone conference between you and us if it is requested by either Party.
If the Dispute is not resolved within sixty (60) days after receipt of the Notice (or a longer period agreed to by the Parties), you or we may initiate an arbitration or a small claims court proceeding in accordance with this Section 12.
Neither Party may initiate an arbitration or a small claims court proceeding unless that Party has fully complied with this Section 12(A). If either Party violates this Section 12(A), a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or small claims court proceeding, and, unless prohibited by law, neither the American Arbitration Association (“AAA”) nor any other arbitration administrator shall accept or administer such arbitration.
Any relevant limitations period or other similar deadline will be tolled during the sixty (60) day Mandatory Informal Dispute Resolution Procedure or longer if that period is extended by agreement of the Parties.
B. Class Action Waiver and Individual Relief
You and we agree to the fullest extent permitted by law that each may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not as a plaintiff or claimant in any purported class, collective, consolidated, private attorney general, or representative proceeding. This means that you and we may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent of a minor, a guardian, or in other similar capacity for an individual who cannot otherwise bring their own individual claim.
The arbitrator may award relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party’s individual claim. Further, unless you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If any prohibition in this Class Action Waiver and Individual Relief provision is found to be unenforceable with respect to a particular claim or request for relief, then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other arbitrable claims and requests for relief.
C. Small Claims
If the Parties are not able to resolve the Dispute through the Mandatory Informal Dispute Resolution Procedure in Section 12(A), you and we agree that either Party may elect to have the Dispute heard in small claims court in the county or parish in which you reside seeking only individualized relief and so long as the Dispute falls within the jurisdictional limits of that court.
D. Mutual Arbitration Agreement
If the Parties are not able to resolve the Dispute through the Mandatory Informal Dispute Resolution Procedure and neither Party elects to have the Dispute heard in small claims court, you and we agree that the Dispute will be resolved through binding individual arbitration, except that a court of competent jurisdiction shall have exclusive jurisdiction over the following:
· Any Dispute relating to the infringement or other misuse of intellectual property rights;
· Any Dispute relating to the formation, scope, validity, or enforceability of the Parties’ Dispute Resolution Agreement;
· Any disagreement over whether a Dispute falls within the jurisdictional limits of a small claims court;
· Any Dispute that exclusively seeks declaratory or injunctive relief; and
· Any proceeding to (i) enforce the prohibition on class, collective, representative, private attorney-general, or consolidated actions or proceedings, (ii) enjoin the filing and prosecution of arbitration demands or small claims court proceedings to enforce Sections 14(A) and 14(E), or (iii) adjudicate a Dispute over whether you effectively opted out of arbitration or adjudicate a Dispute that has been opted out.
Arbitration will be administered by the AAA and heard by a single, neutral arbitrator. Except as modified by this Section 12, the AAA will administer the arbitration in accordance with their rules applicable to the nature of the Dispute (the “AAA Rules”). The AAA Rules are available at https://www.adr.org/Rules. If AAA is unavailable or unwilling to administer the arbitration consistent with this Section 12, the Parties shall agree on an alternative provider to administer the arbitration consistent with the AAA Rules (as modified by this Section 12). If the Parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint a provider that will administer the arbitration consistent with the AAA Rules (as modified by this Section 12).
A Party seeking to initiate arbitration must provide the other Party with a written Demand for Arbitration as specified in the AAA Rules. By submitting the Demand for Arbitration, a Party (and their counsel if they are represented) certifies that (i) they have complied with the Mandatory Informal Dispute Resolution Procedure and (ii) the claims and the relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any sanctions available under federal or applicable state law against all appropriate persons (including counsel) as a court would.
If a Party seeks to withdraw a Demand for Arbitration after the appointment of an arbitrator but before a merits hearing (and the Dispute has not been settled or otherwise resolved by agreement), and the Party is represented by counsel, the arbitrator shall retain authority to consider any request by the other Party for reimbursement of the arbitration fees paid as of the date of the withdrawal.
The arbitrator shall issue a written award sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall not be given preclusive effect or be binding in any other proceeding involving different persons.
Any arbitration hearing will be conducted in the county or parish where you reside or at another location that is reasonably convenient to you.
E. Mass Arbitrations
If more than fifty (50) claimants (including you) assert the same or similar claims against us through the same or coordinated counsel (“Mass Arbitrations”), you and we understand and agree that the additional procedures in this Section 12(E) apply and that the resolution of your Dispute might be delayed.
Stage One. Counsel for the claimants and counsel for us shall each select twenty-five (25) claims (per side) to be filed first and to proceed in individual arbitration proceedings as part of a staged process. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees (including any filing fees, case management fees, hearing fees, or arbitrator compensation) be assessed in connection with those remaining claims unless and until they are filed and deemed filed as part of the agreed-upon staged process. After the Stage One claims are arbitrated, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and we shall pay the mediation fee.
Stage Two. If the remaining claims are not resolved, the Parties shall meet and confer to discuss potential ways to streamline the proceedings, increase efficiencies, and conserve costs. Unless the Parties agree otherwise, counsel for the claimants and counsel for us shall each select seventy-five (75) claims (per side) to be filed and to proceed in individual arbitration proceedings as part of a second staged process. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees (including any filing fees, case management fees, hearing fees, or arbitrator compensation) be assessed in connection with those remaining claims unless and until they are filed and deemed filed as part of the agreed-upon staged process. After the Stage Two claims are arbitrated, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and we shall pay the mediation fee.
In connection with each stage as set forth above, each arbitrator shall aim to issue their award within one hundred eighty (180) days after their appointment.
If your claim is not resolved after the two sets of staged proceedings and related mediations, either: (i) you or we may, separately or by agreement, opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction; or (ii) if neither you nor us elects to have your claim heard in court, then your claim may proceed in an individual arbitration proceeding simultaneously with any other remaining claims in their respective individual arbitration proceedings.
Any relevant limitations period or other similar deadline shall be tolled for claims subject to these additional procedures that apply to Mass Arbitrations from the time that Notice of the Disputes is provided under Section 12(A) above, until the time the claims are selected for a staged process, withdrawn, otherwise resolved, or opted out of arbitration.
You and we agree to engage in the process in good faith. A court of competent jurisdiction shall have the authority to enforce this Mass Arbitration provision in Section 12(E) and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations.
F. Arbitration Fees
All arbitration fees shall be determined by the AAA Rules as modified by this Dispute Resolution Agreement. If your Dispute is for less than $5,000 and is not part of a Mass Arbitration as set forth in Section 12(E) above, then we shall reimburse your portion of the arbitration fees unless an arbitrator determines that your Dispute was frivolous, brought for harassment or improper purpose, or brought in bad faith.
G. Opt-Out
You have the right to opt out and not be bound by the Dispute Resolution Agreement in this Section 12 by sending written notice of your decision to opt out to the following email address: product.tv.info@gmail.com, using the subject line “Arbitration Opt-Out.” The notice must be sent within 30 days of the date on which you first purchase your Device or use the Device (or if you already had a Device or were using the Device at the time this version of the EULA and this Section 12 became effective, then within 30 days following the Effective Date); otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section 12. Opting out of arbitration will not affect in any way the benefits to which you would otherwise be entitled.
H. Application of Federal Arbitration Act and Jury Trial Waiver
You and we agree that the EULA and this Dispute Resolution Agreement evidences a transaction in interstate commerce and therefore the Federal Arbitration Act (9 U.S.C. § 1, et seq.) applies. To the fullest extent permitted by law, you and we agree to waive the right to a jury trial.
I. Survival
This Section 12 shall survive termination of the EULA, your relationship with us, and your use of your Device.
FOR RESIDENTS OF THE EUROPEAN UNION.
Exceptions to Liability Limitations: Nothing in this EULA excludes or limits our liability for personal injury arising from our negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
FOR RESIDENTS OF THE UNITED KINGDOM. Exceptions to Liability Limitations: Nothing in this EULA excludes or limits our liability for personal injury arising from our negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
To the extent permitted by law, this AGREEMENT shall be governed by the laws of your residence country. By accepting this AGREEMENT and using the Device, you agree that this AGREEMENT will be construed in accordance with the laws of your residence country.
Assignment Or Transfer.
You are not permitted to transfer, assign, or otherwise dispose of this AGREEMENT, or any of your rights or obligations arising under it, without our prior written consent.
For questions or issues relating to Software and Services (including the operating system, applications, or third-party services), please contact the relevant Software Provider directly.