A question for the group: Do we need to identify and include information on the ROKU APPS we use as well?
Because by the language of their one-sided, unconscionable terms, it seems we need to ID every device and software used and that would seem to include the Roku app, no? Because I watch Roku content on mobile occasionally.
I have the ROKU APP on all my Android devices, but I guess that I can just ID the Android ROKU APP and version number, from the Google Play store.
Also, I am including myself and my wife in my objection/opt-out letter as she also uses the same Roku account with her Android devices.
Thoughts? 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.
Greetings AJCxZ0,
Could I obtain your permission to use the first graphic in your Friday email?
I took a shot of the same screen and did not get the quality.
I intend to use your excellent graphic in a revision of the following letter...
Thanks and...
Kindest Regards,
Paul Flint, Director
Barre Open Systems Institute
> what information do you expect Roku not to have access to
I expect they probably know the brand of toothpaste I use 😀 Though, that doesn't mean I'll start willingly providing that information.
The topic I was discussing was specific to what information must be included in the opt out letter. The opt out letter is a legal instrument. Language matters enormously. Suits have been fought over single words.
In general, it is not a good idea to provide a potential adversary with additional information that they don't specifically require.
>> I prefer to believe Roku legal will deal in good faith
Boy, wouldn't that be nice? 😀
Having spent a good part of my career in contract oversight, that is not a belief that would have served me well. It is certainly not one I would recommend.
From my experience, I can assure you that vendors act solely in their own interests. Any "good faith" they might extend to you is either required by law, a business strategy, or purely accidental.
Apparently Roku has not allowed me to make my own post, but forced me to only be able to reply to someone else's post! There is way too much competition for this kind of treatment. I only bought a Roku for the sake of convenience. All my TVs are SMART TVs. It was just easier is all. I just purchased a brand new Roku as I trusted the quality, brand and ease of use. But, I will not be strong-armed into something I don't agree with or be cutoff from my purchase! I paid the money, your job is to supply the service. Ya'll got ahead of yourselves in your arrogance or you know you've done something wrong! Again you're the cheaper option of so many other options, and you're simply trying to take advantage! I'll gladly toss mine and purchase another device!
Derek roughly over a decade of loyalty! Bye!
Ok so I looked at the contract, and it says
30 day right to opt out, 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 consul, Rukku ink 1701 junction Court suite 100 San Jose, CA 95112
Within 30 days of you first becoming subject to these dispute resolution terms such noticed, must include the name of each person, opting out and contact information for each such person, the specific product model, software, or service used that are at issue the email the email address that you used to set up your Roku account 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 a effective 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
If your hand held remote will not allow you to view and accept the new terms, you will have to download the Roku app on your phone or tablet. Log into the app, make sure your TV is connected through the app, use the remote control on the app to view and accept the terms and you should be good to go.
Your hand held remote will work again after you do this.
>> Do we need to identify and include information on the ROKU APPS we use as well?
That's a tough call and a question only a law person (I can't use the "L" word) can answer definitively.
For my part, I am not including that information. It seems unlikely that any significant legal damages would result from free stuff. Plus, I'm lazy and its a lot of work 😀
I'm limiting the information I provide to physical devices, since that's where my money was spent.
Here is my non-scholarly parsing of the language in the relevant portion of section 1 clause L:
>> the specific product models, software, or services used that are at issue
Note the use of the word "or" as opposed to "and". Also, note the key phrase "that are at issue". For me, the free stuff I use is not at issue. The only thing potentially at issue is the stuff for which I paid money.
That said, my opinion is worth exactly as much as you're paying for it 😀 And, again, I am not a "law person".
Ok so I looked at the contract, and it says you have to do it this exact way for it to actually count, legally
30 day right to opt out, 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 consul, Rukku ink 1701 junction Court suite 100 San Jose, CA 95112
Within 30 days of you first becoming subject to these dispute resolution terms such noticed, must include the name of each person, opting out and contact information for each such person, the specific product model, software, or service used that are at issue the email the email address that you used to set up your Roku account 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 a effective 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
They told me over the phone that it was no big deal tbh.
Paul (@flint),
I've updated my post (which I presume you meant when you said "email") with a notice licensing the images under Creative Commons BY-NC-ND 4.0. The metadata in the images in the post has been stripped and I don't consider the visible information to include anything sensitive.
Due to concerns about the hosting of the letter you linked and your web site, please presume that I have not read it.
-Andrew-