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END USER LICENSE AGREEMENT
(Effective Date: July 29, 2025)
This End User License Agreement (“EULA”) governs and regulates the use of your Device and the use of Smart Services available through it. This EULA is a legal agreement between the end user (referred to as “you” or “your”) and Hisense International Co., Ltd, its affiliates and subsidiaries (referred to as “we”, “us”, or “our”).
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 14 APPLICABLE TO UNITED STATES OR OTHER COUNTRY RESIDENTS UNLESS YOU TIMELY OPT OUT. PLEASE READ SECTION 14 AND THIS ENTIRE AGREEMENT CAREFULLY.
USE OF THE DEVICE’S SMART SERVICES
Please read this EULA carefully. By using the Device and installing and/or accessing or using the Smart Services through this Device, or any other Internet-connected features or functionality made available on your Device, you agree to be legally bound and abide by this EULA. Your use of the Device and/or the Smart Services indicates that you have read and accepted this EULA and any other applicable terms. If you do not wish to agree to this EULA, you will not be able to access or use the Smart Services in connection with the Device.
By using the Device and/or the Smart Services, you also acknowledge our Data Protection Policy (available at your Device’s first setup process or go to “Home” >“Settings”), which governs the collection and use of your Personal Data.
Please note that we will only collect Personal Data in relation to a specific Smart Service if you choose to interact with that Smart Service. For example, as set out below, your Personal Data will not be collected via the Amazon Alexa Service unless you choose to enable that service.
Please note as well that, as part of your use of the Device and/or Smart Services, you may access Applications, Materials, or services offered and controlled by unaffiliated third parties, whose practices may be governed by a separate privacy policy and/or terms of use (for example, a channel or Application whose operator is unaffiliated with us). You should review the applicable privacy policy and/or terms of use of any third-party service providers or Applications whose Smart Services you access via the Device or Services.
#### 1. IMPORTANT DEFINITIONS
“Application(s)” means an embeddable, downloadable, and/or executable software application owned by us or a third party and made available on the Device.
“Content” means all audio and visual elements and ideas offered by us or third parties, including, but not limited to, data, movies, videos, photographs, software, games, designs, likenesses, artwork, images, music, sound, information and other materials, tangible and intangible, including derivative works, on all media and formats, existing or in the future.
“Device” means a device or hardware through which this EULA is made available, including, but not limited to, a smart television set.
“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 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.
“Materials” collectively means any Content, Submitted Content (where applicable and as further defined herein), messaging, blogging, chatting, social networking, information, advertising, and/or Internet links, etc., accessible or delivered through the Device.
“Personal Data” refers to any information that identifies or makes an individual identifiable. The definition of Personal Data (used interchangeably in this EULA with the term “Personal Information”) depends on the applicable law based on your physical location. Only the definition that applies to your physical location will apply to you under this EULA or our Data Protection Policy.
“Smart Service(s)” means the access, procurement, disposal, sale, purchase, subscription, lease, rental, consultation, or other use of Materials, and all other types of services or functions typically available from the Internet, offered by us or by third parties through Applications. Note that Applications offered by unaffiliated third parties may be subject to terms and conditions or privacy policies offered by the developers or operators of such third-party Applications and services, which you should review prior to your use of them.
#### 2. USE OF DEVICES AND SMART SERVICES
From time to time, we may directly offer certain Smart Services and make such Smart Services available to you. Your use of such Smart Services shall be subject to this EULA. Smart Services may be provided locally subject to local laws and regulations and, depending on your residence, location, and network availability, the types and levels of the Smart Services available may be limited. The EULA for the use of such Smart Services may differ for each different country, region, or market, and are subject to relevant local, country, and regional laws and regulations. All Smart Services are provided solely for personal use by you (or your household) in connection with your use of the Device. You may not use any Smart Services in a manner that has not been expressly authorized in this EULA. Without limiting the foregoing, except as expressly permitted by this EULA and/or applicable laws and regulations, you may not modify, copy, re-publish, upload, post, transmit, translate, sell, create derivative works of, exploit, or distribute in any manner or medium any of the Smart Services accessed through this Device.
Smart Services are intended for use by persons who are eighteen (18) years of age (or local adult age) or older, or by younger people under supervision of legal guardian. If you are under eighteen (18) years of age (or local adult age), or are legally, or otherwise, restricted from using the Smart Services, legal guardian must accept this EULA on your behalf. By using any portion of the Smart Services, you accept this EULA and are certifying that you are at least eighteen (18) years of age (or local adult age). Any use of any Smart Services by any individuals not of such age shall be considered a violation of this EULA.
WE RESERVE THE RIGHT TO BLOCK OR TERMINATE ANY USER ACCOUNT IN THE EVENT WE REASONABLY DETERMINE THAT ANY USE OF ANY SMART SERVICES IS IN VIOLATION OF THIS EULA, INCLUDING CREATING ACCOUNTS WITH FALSE INFORMATION.
Smart Services offered through the Device that require a fee may not be accessed by persons who have not paid the appropriate fee. In the event that registration, creation of a user account, and/or a fee is required for the Smart Services offered or provided by the provider or licensor of such Smart Services, such registration, creation of a user account, and/or a fee shall be subject to privacy policies, terms and conditions of such Smart Services provider or licensor.
All Smart Services accessible through this Device may be changed, suspended, removed, terminated, or interrupted, or access may be denied, blocked, or disabled at any time, without notice, and we make no representations or warranties that any Smart Services will remain available for any period of time. All Materials are transmitted by means of networks and transmission facilities over which we have no control. We may impose limits on the use, disabling, removal, or suspension of any Smart Services made available through this Device at any time, without notice or liability. We may impose limits on the use of, or access to, certain Smart Services in any case and without notice or liability. You must accept this EULA and the Data Protection Policy if you wish to use the Smart Services accessible through your Device.
All third-party Smart Services provided via the Device are managed and controlled by their respective owners. We are not responsible for the included third-party pre-loaded, user downloaded, or other third-party Smart Services, which may be modified, removed, deleted, or changed, with or without notice by their respective owners. Any questions or requests for services relating to such Smart Services should be made directly to the respective third-party Smart Services providers, and not to us. For instance, where the YouTube Application is pre-loaded on a Device, you should refer to YouTube Terms of Service at https://www.youtube.com/t/terms. While we use YouTube API Services to make available YouTube Smart Service to you, if you have any questions or requests with respect to privacy matters related to YouTube Smart Service, you should refer to YouTube’s governing privacy policy at https://policies.google.com/privacy?hl=en#intro.
#### 3. SPECIFIC USE OF SMART SERVICES THROUGH OUR APPLICATIONS
Access to certain portions of the Smart Services through Applications may require registration and creation of a user account and/or a fee. Such registration and creation of a user account, or payment of a fee may need to be completed on a webpage run by us (or an affiliate of ours) or by a third party (including a payment gateway provider). Such registration may require providing Personal Data to us or third parties (e.g., choosing a unique, secret password that may not be shared with others). Any Personal Data provided by you to us will be Processed in accordance with our Data Protection Policy (available at your Device’s first setup process or by visiting “Home”> “Settings”). The Personal Data you provide for registration must be complete and accurate. You shall not use any third-party Personal Data to create an account in connection with the use of the Smart Services, and you are not allowed to access others’ accounts. We are not responsible for any use or misappropriation of any other’s Personal Data to access the Smart Services.
#### 4. GRANT OF LICENSE
As between you and us, we own all right, title, and interest in and to our owned Applications, and each respective third-party Application owner owns all right, title, and interest in and to their respective third-party Application, including but not limited to, all applicable Intellectual Property Rights or other proprietary rights in the Application throughout the world, regardless of whether registered or legally secured. As the case maybe, some third-party Application owners allow us to sublicense their Application to you; otherwise, your license to use a third-party Application will come directly from the owner of the Application. Subject to the respective license agreements between us and the respective third-party Application owner, and your full compliance with this EULA, we grant to you a non-exclusive, limited, non-transferable, and personal license (without the ability to sublicense) to download and/or use the Applications (other than any third-party Application which is governed by its own and separate license terms and conditions) to display, receive, or otherwise use (only to the extent permitted in each case) the Smart Services through the Application from your Device only. No other rights to the Application are granted. The scope of rights for Smart Services shall be subject to the terms and conditions of the respective Smart Services and other licensing requirements and restrictions otherwise imposed or required by the relevant Smart Services providers. All rights including all Intellectual Property Rights in the Applications and the Smart Services remain our property or that of the relevant licensors or owners of the Application or the Smart Services. Any breach of this EULA will result in the revocation of the rights granted herein in whole or in part, and we or the respective owners of the Application and the Smart Services may take further legal action if necessary.
#### 5. USE RESTRICTIONS AND PROHIBITIONS
Your continued use of our Smart Services, including your continued use after any changes to the EULA as noted below, will constitute your acceptance of the new EULA and your agreement to abide and be bound by any modifications to them. You or any third party (directed by you) may not display, copy, store, modify, sell, trade, resell, reproduce, publish, broadcast, redistribute, or make derivative works of any Materials, whether a portion of or in their entirety, and such displaying, copying, storing, modification, sale, publishing, broadcasting or redistribution shall be prohibited unless you have obtained all necessary rights and permissions from us or each of the respective relevant owners or right holders of such Materials or as permitted by applicable law. Unauthorized use of the Materials is prohibited and may result in criminal prosecution and/or civil liability, for which you shall be solely responsible. Likewise, if we suspect or become aware that you have obtained your Device through illicit means, including but not limited to via theft or through purchasing known stolen goods, we reserve the right to deactivate your Device remotely at any time.
You may not use any portion of the Device for any other purposes other than as permitted herein, including but not limited to illegal activity, to make solicited and/or unsolicited offers or advertisements, to impersonate or falsely claim affiliation with any person or entity, to misrepresent, harass, defraud, or defame others, to post, upload, transmit, or disseminate any obscene, unreasonably offensive, or any other unlawful material, or any information that may negatively impact our reputation, goodwill, and/or the Smart Services, nor for any commercial purposes. Except as expressly permitted by this EULA, and except to the extent provided for by applicable laws, you may not disassemble, reverse engineer, and/or tamper with the Application(s), or transmit hidden or malicious code, or collect information of other users through the Application(s). You are not permitted to copy, edit, modify, alter or create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any Application, unless expressly permitted by us in writing, or to the extent permitted under the laws applicable to you, and you will not permit or grant a license to any third party to do so. You may not take any action to interrupt the functionality of or tamper with the Materials contained in or provided through the Smart Services or its servers or to unreasonably affect others’ enjoyment of the Smart Services in any way. You may not in any manner attempt to gain unauthorized access to 1) any portion or feature of the Device; 2) the Smart Services, or any other systems or networks connected to the Device; 3) the Smart Services or to any of our controlled servers; or 4) to any of the Applications, Materials, or other services offered on or through the Smart Services.
WE RESERVE THE RIGHT TO BLOCK, DENY OR TERMINATE YOUR ACCESS TO THE SMART SERVICES IN OUR SOLE DISCRETION FOR ANY REASON AND AT ANY TIME WITHOUT NOTICE OR LIABILITY.
#### 6. CONTENT PROVIDED BY YOU OR OTHER USERS
Any Content submitted, uploaded, or posted by you, on behalf of you, or by other users, on or through your Device or the Smart Services (herein “Submitted Content”) will be considered non-confidential and non-proprietary, subject to local laws and regulations. We also reserve the right to disclose your Personal Data as necessary to any third party who claims that any Submitted Content constitutes an infringement of third-party Intellectual Property Rights or their right to privacy. By posting, submitting, uploading, or otherwise transmitting Submitted Content in any way, you grant us a perpetual, irrevocable, unrestricted, non-exclusive, worldwide, fully paid-up, royalty-free, and sub-licensable license to use, modify, change, copy, disclose, license, perform, display, post, publish, distribute, transmit, or otherwise use such Submitted Content in any manner, create derivative works thereof, or incorporate the Submitted Consent into other work anywhere in the world. We have the right to remove any Submitted Content from the smart systems, and any other of our systems, for any reason including if, in our sole opinion, such Submitted Content is unnecessary, offensive, indecent, or objectionable.
We do not control the Submitted Content and do not warrant the nature, accuracy, integrity, appropriateness, or quality of the Submitted Content. You warrant that any of your Submitted Content does not and will not infringe any third-party Intellectual Property Rights. You are solely responsible for all Submitted Content that you upload, post, email, transmit, or otherwise make available in any portion of the Smart Services. We assume no liability for such Submitted Content and you are solely responsible for any liability arising from or related to any Submitted Content posted, uploaded, or transmitted by you or on behalf of you on or through your Device or the Smart Services. We reserve the right to remove Submitted Content that may be infringing on another person’s Intellectual Property Rights with or without notice to the infringer and in accordance with applicable laws.
#### 7. CUSTOMER SERVICE COMMUNICATIONS
You understand and agree that the Smart Services may include certain communications from us or third parties such as update announcements, administrative messages, and other materials (“Communications”). As those Communications are part of the Smart Services, you may not opt out of receiving them. Certain Materials may not be suitable for minors or other users. Such Materials may not be rated or identified as being unsuitable. Therefore, you understand and agree that you are using the Materials at your own risk and we shall have no liability to you for any unsuitable Materials.
#### 8. THIRD-PARTY SERVICES
The Device may enable you to interact with, link to, or associate with third parties providing Smart Services that are not owned, controlled, or operated by us. This access or interaction with third-party Smart Services may be facilitated by, for example, the country location you identified during the setup process. We are not responsible for the functionality, quality, or content of third-party Smart Services, and do not assume any obligation to review any third-party Smart Services. You expressly acknowledge and agree that collection of information from your Device by third party Applications, your use of, link to, or access to any third-party Smart Services is entirely at your own risk, and it is your responsibility to view and abide by the terms of use, privacy policies, and any other policies applicable to such third-party Smart Services. We make no representations or warranties with respect to any third-party Smart Services, and you understand and agree that, to the maximum extent permitted by law, we shall in no event be liable for any direct, indirect, incidental, special, or consequential loss or other damage, attorney’s fees, and expenses arising out of, or in connection with, your use of or access to third-party Smart Services. Any activities you engage in connection with third-party Smart Services are subject to the privacy policies, terms and conditions, and other rules of the third parties.
#### 9. PRIVACY AND PROTECTION OF PERSONAL DATA
We are committed to respecting your privacy and the confidentiality of your Personal Data. To learn about how we protect and handle your Personal Data and other information when you use our website and other services, please view our Data Protection Policy.
#### 10. ENHANCED VIEWING SERVICE AND AUTOMATED CONTENT RECOGNITION
Where available, we offer an Enhanced Viewing Service (“EV Service”) that, when operating, adjusts your sound and video quality based on what you are watching in real time and provides you with useful, interactive features, content recommendations, and personalized advertisements. This is an optional service that you must opt-in to via your Device during the initial setup or any time after within the Device’s “Settings” menu. From the Settings menu, you may also choose to enable all, some, or none of Enhanced Viewing Service’s features. Please note that the EV service is not available in all areas worldwide nor in all makes and models of Device, it may not currently be available on your Device even if you choose to opt-in to the EV Service.
The EV Service uses Automated Content Recognition (“ACR”) technology, which works by analyzing and matching onscreen audio sounds that come from your Device (such as a TV show’s dialogue or a movie streaming from an app or music playing during a commercial) against an extensive database of programming content. When the content is recognized, we can use this ACR data for content recommendations, advertising, and where available, to automatically optimize your picture quality based on the type of content you are watching (e.g., optimizing the picture mode to watch sports versus a movie).
Through the EV service and ACR technology, we may collect and use data from your Device, including: device and usage information; log data about your use of apps and services; user ID or other identifiers; your Device’s IP address; product registration data; geolocation or information that can be used to derive geolocation; your Device viewing history; behavioral and demographic information; and your general device location (together, “Viewing Data”). If you opt-in to the EV Service, we may collect and use your
Viewing Data even if the EV Service is not currently available on your Device.
Viewing Data will be used to help our advertising partner Nexxen Inc. and its partners select, deliver, and measure personalized ads shown to you on your Device or other linked devices sharing the same IP address, based on audience segmentation created from your viewing habits. By giving your consent to personalized ad targeting, you therefore also allow Nexxen Inc. to use your household IP address to identify other devices linked to you or your household for such advertising purposes. If you do not consent to personalized ads, you will still see ads, but they may not be as interesting to you.
For more information, including regarding how Nexxen Inc. may share your data with its partners for such purposes, please review Nexxen ’s privacy policy (available at: https://nexxen.com/services-privacy-policy/) You can also see each partner and how they may use data about you and your household at https://nexxen.com/acr-data-partners/
We use and may share this information for the purpose of delivering to you the EV Service, device-specific viewing recommendations, and serving relevant advertising. You may opt-in or opt-out of EV Service at any time.
For more information, including details on the technical aspects of the EV Service and ACR data, please see Enhanced Viewing Service Privacy Notice.
#### 11. WARRANTIES AND LIABILITIES
DEVICE
FOR THE DEVICE, WE GRANT TO YOU A SPECIAL WARRANTY TO THE EXTENT AS SPECIFIED AND UNDER THE PREREQUISITES SET IN THE DEVICE WARRANTY CARD. IN CASE OF A DEFECT OF THE DEVICE, AND TO THE EXTENT PERMITTED BY LAW, YOU ARE NOT ENTITLED TO ANY FURTHER CLAIMS, IRRESPECTIVE OF THEIR LEGAL BASIS, AGAINST US. THE FOREGOING LIMITATIONS SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR PERSONAL INJURY. FOR THE AVOIDANCE OF DOUBT, THE AFORESAID DOES NOT LIMIT OUR LIABILITY FOR DAMAGES ACCORDING TO MANDATORY STATUTORY PROVISIONS. FURTHERMORE, 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.
SMART SERVICESTO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS, AND UNDERTAKINGS WITH RESPECT TO ANY THIRD-PARTY SMART SERVICES, EITHER EXPRESS OR IMPLIED, AND ALL ASSOCIATED RISKS FROM THE USE OF THE DEVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE FOREGOING LIMITATIONS SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, PERSONAL INJURY, OR FRAUDULENT CONCEALMENT OF A LEGAL OR MATERIAL DEFECT OF THE RESPECTIVE SMART SERVICES BY US. WE DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, LEGALITY, OR COMPLETENESS OF ANY THIRD-PARTY SMART SERVICES MADE AVAILABLE THROUGH THE DEVICE AND DO NOT WARRANT THAT THE SMART SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE DEVICE IS OR WILL BE COMPATIBLE WITH ALL SMART SERVICES, OR THAT OPERATION OF THE DEVICE OR SMART SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU AGREE TO ASSUME ALL RISKS OF USING THE SMART SERVICES, AND, TO THE EXTENT PERMITTED BY LAW, NOT TO HOLD US OR ANY OF OUR HOLDINGS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, LICENSORS, OR ADVERTISERS RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR HARM, TANGIBLE OR INTANGIBLE, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, LOSS OF PROFIT, REVENUE, INTEREST OR BUSINESS, OR CORRUPTION OF DATA OR ATTORNEY’S FEES ARISING FROM THE USE OF THE SMART SERVICES AND/OR MATERIALS. DUE TO THE VARIOUS CAPABILITIES OF DEVICES FEATURING THE SMART SERVICES, AS WELL AS LIMITATIONS IN THE AVAILABLE SMART SERVICES OFFERED VIA THE DEVICE OR APPLICATION(S), CERTAIN FEATURES AND/OR SMART SERVICES MAY NOT BE AVAILABLE ON ALL DEVICES OR IN ALL TERRITORIES OR MAY CHANGE OVER TIME. SOME FEATURES OF THE SMART SERVICES MAY ALSO REQUIRE ADDITIONAL PERIPHERAL DEVICES THAT ARE SOLD SEPARATELY. WE DO NOT ENDORSE ANY OF THE IDEAS, PRODUCTS, PERSONS, OR OPINIONS EXPRESSED IN THE SMART SERVICES AND/OR MATERIALS.
TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF PROFIT, REVENUE, INTEREST, BUSINESS, OR CORRUPTION OF DATA, ATTORNEY FEES, EXPENSES, OR ANY OTHER LOSS OR DAMAGES, INCLUDING PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, ANY SMART SERVICES CONTAINED IN, OR AS A RESULT OF THE USE, OF THE DEVICE, OR ANY SMART SERVICES ACCESSED OR USED BY YOU, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON US, WHICH CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED, OR CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED EXCEPT TO A LIMITED EXTENT. THIS EULA MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH WE ARE ABLE TO DO SO, OUR LIABILITY UNDER THOSE PROVISIONS WILL BE LIMITED, AT OUR OPTION, IN THE CASE OF SERVICES TO (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS, TO (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED. THE FOREGOING LIMITATIONS SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, PERSONAL INJURY, OR FRAUDULENT CONCEALMENT OF A LEGAL OR MATERIAL DEFECT OF THE RESPECTIVE SMART SERVICES BY US.
YOU UNDERSTAND THAT USE OF SMART SERVICES REQUIRES A CONNECTION TO THE INTERNET AND THAT DATA USAGE CHARGES, CAPS AND OTHER LIMITS MAY APPLY. YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES, LOSSES, COSTS, OR HARM ARISING FROM YOUR USE OF THE SMART SERVICES. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITIES WITH RESPECT TO YOUR USE OF THE SMART SERVICES (REGARDLESS OF WHETHER OR NOT SUCH USE REQUIRES REGISTRATION, CREATION OF A USER ACCOUNT AND/OR PAYMENT OF A FEE) AND MATERIALS. THE FOREGOING LIMITATIONS SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, PERSONAL INJURY, OR FRAUDULENT CONCEALMENT OF A LEGAL OR MATERIAL DEFECT OF THE RESPECTIVE SMART SERVICES BY US. IF ANY PORTION OF THIS EULA IS ILLEGAL OR UNENFORCEABLE, OR THERE IS A CLAIM THAT WE HAVE BREACHED ANY OF THIS EULA, IT DOES NOT AFFECT OR INVALIDATE THE OTHER TERMS. THIS EULA MAY NOT BE WAIVED OR MODIFIED WITHOUT WRITTEN CONSENT FROM US.
FOR THIRD-PARTY SMART SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE HELD RESPONSIBLE FOR ANY THIRD-PARTY SMART SERVICES THAT MAY BE ACCESSED THROUGH THE DEVICE OR APPLICATION(S), NOR SHALL WE BE HELD RESPONSIBLE FOR HIDDEN OR MALICIOUS CODE CONTAINED ON OR DISTRIBUTED THROUGH THE APPLICATIONS OR OUR DEVICE BY THIRD PARTIES. WE DO NOT GUARANTEE THAT THERE WILL BE NO INTERRUPTIONS, DELAYS, OR INACCURACIES IN THE SMART SERVICES AND DO NOT GUARANTEE THE CONTINUED AVAILABILITY OF SUCH SMART SERVICES.
#### 12. WAIVER OF EQUITABLE RELIEF
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, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO EQUITABLE RELIEF OF ANY KIND. IF APPLICABLE LAW DOES NOT ALLOW YOU TO WAIVE EQUITABLE RELIEF, THEN THIS WAIVER SHALL NOT APPLY TO YOU.
#### 13. INDEMNIFICATION
You agree to defend, indemnify and hold harmless us, our affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, 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 EULA or your use of the Device and/or Smart Services, including, but not limited to, your Submitted Content, and any use of the Materials, services and products other than as expressly authorized in this EULA or your use of any information obtained through the Device.
#### 14. DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT APPLICABLE TO U.S. RESIDENTS/CONSUMERS)
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 14(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 Smart Services; (iii) the advertising, marketing, sale, condition, or performance of the Device or Smart Services; (iv) your Personal Data; and (v) the terms and conditions relating to the Device, Smart Services, 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 14 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 14.
Neither Party may initiate an arbitration or a small claims court proceeding unless that Party has fully complied with this Section 14(A). If either Party violates this Section 14(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 14(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 14, 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 14, the Parties shall agree on an alternative provider to administer the arbitration consistent with the AAA Rules (as modified by this Section 14). 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 14).
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 14(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 14(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 14(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 14(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 14 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 Smart Services (or if you already had a Device or were using the Smart Services at the time this version of the EULA and this Section 14 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 14. 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 14 shall survive termination of the EULA, your relationship with us, and your use of your Device and any Smart Services.
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.
#### 15. GOVERNING LAW AND JURISDICTION
To the extent permitted by law, this EULA shall be governed by the laws of your residence country and state (if applicable), and by accepting this EULA, and by your use of the Smart Services, you are agreeing that such EULA and all other aspects of the Smart Services will be construed in all respects in accordance with the laws of your residence country and state (if applicable).
#### 16. ACTIONS REQUIRED BY LAW
We may need to comply with the requirements of local law enforcement agencies from time to time. We may restrict access to any part of the Smart Services and the Device or terminate your access to the Smart Services, at any time in our sole discretion if required by law, relevant authorities, or regulatory agencies to do so.
#### 17. ASSIGNMENT OR TRANSFER
You are not permitted to transfer, assign or otherwise dispose of this EULA which is personal to you, or any of your rights or obligations arising under this EULA without our prior written consent.
#### 18. WAIVER AND SEVERABILITY
No waiver by us of any term or condition set forth in this EULA shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any of our failure to assert a right or provision under this EULA shall not constitute a waiver of such right or provision.
Except as otherwise provided herein, if any provision of this EULA or any portion of any provision is found to be void, invalid, or otherwise unenforceable, then that provision or portion shall be deemed to be severable and, if possible, modified or replaced by a valid, enforceable provision or portion that matches the intent of the original as closely as possible. The remainder of the EULA shall continue to be enforceable and valid.
#### 19. ENTIRE AGREEMENT
This EULA constitutes the sole and entire agreement between you and us with respect to your use of the Device and/or the Smart Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to your use of the Device and/or the Smart Services.
#### 20. CHANGES TO EULA
We may revise and update this EULA from time to time at our sole discretion. We will endeavor to post all changes within your Device or through an update within a reasonable period of time before they become effective. Your continued use of your Device or the Smart Services after we have published an updated EULA constitutes acceptance by you of the updated EULA, including any modified terms.
#### 21. CONTACTING YOU
We may provide you with notices (including notices relating to changes to this EULA or termination of the Smart Services or parts thereof) by email, ordinary mail, or postings on or via the Device or Smart Services.
#### 22. CONTACTING US
Please direct any additional questions you may have regarding this EULA to the local after-sales service center written on the warranty card inside the box of each Device or email to product.tv.info@gmail.com.
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Highlighted passages are tagged in implication notes · excerpt 1 · excerpt 2.