After hearing from a couple of agitated TiVo customers regarding a change in terms, I fired up my Premiere Elite to the above message. In conjunction with Roamio’s launch, TiVo took the opportunity to update their Privacy Policy and User Agreement. And the sticking point, for some, is the new “class action/jury trial waiver” clause. Of course, class action suits are known for generating huge settlements … that rarely make its way to harmed consumers in any meaningful way. Yet, given TiVo’s stingy 90 day warranty and cutting off “Lifetime” service after 10 years in the UK, it’s not entirely unreasonable to abstain:
You may opt-out of this dispute resolution provision only by notifying TiVo within 30 days of the date that it first applies to you. You must do so by writing to TiVo Inc., 2160 Gold Street, San Jose, CA 95002, attn.: Arbitration Opt-Out, and including your name, address, account number (if you have one), and a clear statement that you do not wish to resolve disputes with TiVo through arbitration.
Further, TiVo’s renowned legal team, that has generated over $1.5 billion in patent defense and licensing, is recruiting customers for some uncompensated proofreading. ;) From the corresponding email blast:
If you have any questions about our updated policies or our privacy practices, or you see any typos we missed, please feel free to contact us
(Thanks Matt & Chris!)
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As a TiVo Investor this update makes me very happy! ;)
"Yet, with TiVo’s stingy 90 day warranty and cutting off “Lifetime” service after 10 years in the UK, it’s not entirely unreasonable to abstain:"
Refusing to give up standard legal rights is never unreasonable, no matter what the corporation.
However, I have no message like this on my TiVo HD, and I've received no email to this effect. I wonder why. I assume I should assume that this applies to me, even without any notification.
I also wonder what the magic language formula is to send to the above address to apply as a "clear statement". Does "I do not wish to resolve disputes with TiVo through arbitration. Sincerely, Me." sound like it would qualify? I also wonder if I should send a registered letter...
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And good on Dave for blogging this. It's News I Can Use!
I saw the message last night, made a note to review it in the next week or two..