We mostly find our Roku experience agreeable. But if a legal disagreement with the streaming OS provider should arise, Roku insists that we should take it up with one of its own lawyers, or an arbitrator.
And Roku wouldn't let us watch the Lakers game until we agreed to its new Dispute Resolution Terms.
Starting in February, Roku sent out emails to its users encouraging them to read through its terms, which include forced arbitration. Users have been subsequently greeted by an on-screen message when they fire up their Roku OS, informing them that they can either agree with the new TOS — or find another device OS on which to stream their show. The device won't work until the user presses “agree.”
Here's a screenshot taken by a Roku user in a Reddit forum:
The rules include “meet and confer” terms, which require users with a legal beef to first take it up with Roku's lawyers. If that doesn't resolve the issue, their recourse is then arbitration.
The practice, which distances companies from risk and liability, is hardly new in the tech business. For instance, as this posting was being produced, we received an email from Tile, noting that by continuing to use the company's tracker devices, we will automatically concede to its new TOS.
However, Roku is drawing flak in Reddit forums because it’s forcing users to agree if they want to continue using its technology, and it offers no clear alternative for users to opt out of the terms and still access their account.
For its part, TechCrunch encourages Roku users who want to opt out and still watch their Roku-powered smart TV to press agree. But then, within 30 days, it advises the user to send a letter including your name, email, physical address, device model number and (if you have it) your purchase receipt to the address below, informing Roku that you want to respectfully “opt out” of its dispute-resolution terms.
Stephen Kay, General Counsel, Roku, Inc.
1701 Junction Court, Suite 100
San Jose, CA 95112
