Features, settings & updates

[sirlou]

Good points. I was thinking about the request for receipts ("as applicable") and wondering if some Roku court-type person had included that verbiage so as to encompass the goods and services for which a receipt was not available, e.g., the free stuff, like the ROKU APP.

I guess now that I've made a fuss about it I will probably include it in my opt-out letter.

Ugh! This is such annoying 💩!

[techfan]

Yeah, the language in section 1 clause L is particularly sloppy. I wouldn't pay my "law person" if they wrote something so poorly 😀

My interpretation of "as applicable" is "if a receipt exists". Though, it is sloppy and ambiguous enough that either interpretation seems valid.

[miplondi]

As the screenshot of the original post shows, you have 30 days from selecting "Agree" to opt out of these new terms. It requires sending a one-sentence letter to the address provided that says you opt out with the requested information. This way you can still use your device and preserve your rights.

I agree that it absolutely sucks. Roku's lawyers obviously have more professional acumen than common sense, it has deeply shaken my faith in the company, and will definitely have me shopping alternatives when my current device eventually dies - but if the principle of the matter is of importance to you (as it is to me) the steps to opt out are simple.

It took me all of five minutes to fire up my device, grab the info (from Home, go to Settings ---> System ---> About), and draft the letter. My Roku was a gift so I have no purchase receipt. I included model name/number, serial number, device ID, and current system software just to be thorough.

[AJCxZ0]

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@sirlou wrote:

Do we need to identify and include information on the ROKU APPS we use as well?

It seems like they are being as vague as possible to trip us up, and I am trying to think of all ways I can object.

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A plain language interpretation of "...specific product models, services, or software used that are at issue" (emphasis mine) limits this to just the things which are affected by the agreement, which I interpret as the hardware devices we own which depend on the Roku service, since we do not control the software or the services and our contractual relationship with Roku does not depend on them.

As I suggested in my initial post, a single letter with a list of every customer's name, a separate list of every email address, and a separate list of every Roku device and TV running a Roku platform would completely satisfy the opt-out terms and would not externalise to the same degree the significant cost - time, attention, opportunity, materials, postage, transport, wear and tear, etc. - which Roku is attempting to externalise (i.e. make us pay) by not simply providing a Disagree button.

An opinion (which would not be legal advice) on this situation from a professional familiar with consumer contract law would be interesting, including how this affects customers who have already opted out of the arbitration agreement (which Roku has published for several years), and what limitations exist on where and when Roku can exercise their claimed right to change the terms and conditions every seven seconds (or more frequently) and attempt to limit customers' rights when doing so.

As a reminder, Roku is not the only company doing this. Expect to see more soon.

[et3lilli]

I too have this flippin window on my home screen that will not go away no matter what I do.   I have used my phone as the remote too and still can't clear that "important update" window about the dispute resolution.   I've contacted customer service twice and both times was told "don't worry" the problem is being escalated.   Well I'm not worry, just a bit frustrated with this.    Ugh.   

[Flyme_23]

I am not sure but there is an address you are supposedly able to send a notice to under letter (L. ) "30-day Right to Opt-Out." According to the terms, you should send the written notice of your decision to "Opt-Out" to:

GENERAL COUNSEL, ROKU INC., 1701 JUNCTION COURT, SUITE 100, SAN JOSE, CALIFORNIA 95112 "WITHIN 30 DAYS OF YOU FIRST BECOMING SUBJECT TO THESE DISPUTE RESOLUTION TERMS." 

"THE NOTICE MUST INCLUDE THE NAME OF EACH PERSON OPTING OUT AND CONTRACT INFORMATION FOR EACH SUCH PERSON, THE SPECIFIC PRODUCT MODELS, SOFTWARE, OR SERVICES USED THAT ARE AT ISSUE, THE EMAIL ACCOUNT THAT YOU USED TO SET UP YOUR ROKU ACCOUNT(IF YOU HAVE ONE), AND IF APPLICABLE, A COPY OF YOUR PURCHASE RECEIPT. FOR CLARITY, OPT-OUT NOTICES SUBMITTED VIA ANY METHOD OTHER THAN MAIL (INCLUDING EMAIL) WILL NOT BE EFFECTIVE."

[Harmonyezes2]

Why would any company sell something an not honor their products/services, because they are big companies only wanting to get bigger and richer. It's deplorable!  I'm in.....everyone please join us!!!

[sean_m]

I'd already stopped using roku because they conventiently seem to push updates right before christmas that makes your current device too slow to use. They are a corrupt company. Too bad they used to be good, but that's always how it goes. I got an nvidea android TV device and I'm happy with it so far.

[urban_crawler]

I have samsung smart tv's, nvidia shields, multiple phones, non of them have ever blocked me from using a device to enforce "a no big deal" TOS change.

If you can opt out, which you can, why not offer a button to do it right then and there?  No, you have to snail mail a letter in.  Passive aggressive avoidance.

Most people will just accept it, not knowing what they're getting themselves into.

This is shady as f***

[urban_crawler]

I'm going to opt out for all my family members... but I'm sick and tired of tech companies treating people like this.  Do you know how many people have **bleep** failing roku or roku branded devices that are just falling apart.  They see a class action coming their way and they want to avoid any responsibilty for mistakes and ripping people off.

I'm taking my data and using the built in devices or my nvida shield.  They all do the same **bleep**, no reason to stick with roku, I'm voting with my dollars and leaving.