TiVo® Store terms & conditions
Updated July 2007
1. Changes to these Terms; Use of this Site and the TiVo Store. TiVo reserves the right, at its sole discretion, to change, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms each time before using the Site. Your continued use of the Site, including purchases from the TiVo Store and purchases of subscriptions to the TiVo service, following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to these Terms, which shall apply until we post modified Terms and then in accordance with such modified Terms. As long as you comply with these Terms and any such modifications, TiVo grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site and the TiVo Store.
You also agree that TiVo may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Customer Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any information on the Site, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that TiVo will not be liable to you or to any third party for termination of your access to the Site.
If you use this Site and the TiVo Store, you are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. TiVo only sells products to adults who can purchase with a credit card. If you are under 18 or otherwise not of legal majority, you may use this Site only with involvement of a parent or guardian. TiVo Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
2. Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first open a Customer Account. You are responsible for maintaining the confidentiality of your Customer Account information, including your password, and for all activity that occurs under your account. You agree to notify TiVo immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by TiVo or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your Customer Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Customer Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
While TiVo takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL TIVO OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER TIVO WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
5. Product Descriptions. TiVo attempts to be as accurate as possible. However, TiVo does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or error-free. If a product offered by TiVo is not as described, your sole remedy is to return it.
6. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) reside in the continental United States, including Alaska and Hawaii. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final and all charges from those sales are nonrefundable, unless otherwise permitted by these Terms or terms of the particular sale offer.
7. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, American Express, and Discover credit cards (each of which may be removed by TiVo in its sole discretion). Unless expressly set forth on the Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU, AND NOT TIVO, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify TiVo of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If TiVo does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by TiVo or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. TiVo shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities that it deems is required.
8. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. TiVo reserves the right at any time after receipt of your order to accept or decline your order for any reason. TiVo further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by TiVo upon shipment of products or performance of services that you have ordered. Title to goods passes to you upon delivery to the common carrier. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. TiVo.com is a seller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
9. No Responsibility To Sell Mispriced Products Or Services. TiVo shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. TiVo shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, TiVo shall immediately issue a credit to your credit card account in the amount of the charge.
10. Modifications to Prices or Billing Terms. TIVO RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU, OR AS MAY OTHERWISE BE GOVERNED BY THE TERMS OF THE TIVO SERVICE AGREEMENT.
11. Shipping; Exchanges; Returns. Most orders will be shipped via UPS ground. Once an order is shipped, it is the customers responsibility to make themselves available to receive the shipment. Once UPS has attempted to deliver the package without success, they will return the package to a TiVo Inc. distribution center. At this point, TiVo will credit the customer's account for the undeliverable order (except for shipping and handling charges) and it will be the customer's responsibility to place a new order. Please allow 10 business days for a credit to process. See the FAQs section for questions regarding returned shipments and consumer credits.
Please read the policies below to gain a better understanding of how TiVo can process a return or exchange as quickly as possible.
Please note that we can only process returns and exchanges for items purchased directly from TiVo Inc. from the Site. If after consulting the resources available on the FAQ's, you still have trouble setting up your Recorder, please visit our support site at www.tivo.com/support or contact TiVo Customer Care at 1-877-367-8486.
If you are experiencing problems with your Recorder, please contact TiVo Customer Care at 1-877-367-8486. Your Recorder is covered by a limited manufacturer's warranty.
TiVo offers a 30-day Money Back Guarantee under specific circumstances on items purchased directly from TiVo. Subject to these Terms and the terms of our 30-Day Money Back Guarantee, you may return an item for any reason for a full refund* within 30 days of your purchase date, not the received date.
All returns must be approved by TiVo. Please contact TiVo Customer Support to request an RMA (Returns Materials Authorization) Number.
You may return any of the following TiVo Accessories, for any reason, for a refund:
- any electronic item in its original, unopened packaging
- any unworn, unwashed apparel item
- any undamaged TiVo doll with the tags still attached
- any other item in new condition with original packaging and accessories
If you are returning your TiVo order, please send it so it includes a tracking number to ensure that your order is delivered to TiVo and is not lost in transit. TiVo also recommends that you insure your return.
TiVo will not accept any returns for refund outside of the 30-day money-back guarantee window or which are otherwise not subject to the 30-Day Money Back Gurantee. Items that are returned more than 30 days after purchase, not in saleable condition, or missing parts, will not be accepted for return or exchange.
*Returned merchandise must include all original components, literature, warranties and packaging in the same saleable condition in which it was received. Refunds for returns will cover product amount and any sales taxes charged. Refunds will not be made for any shipping and handling charges. Returns not meeting these requirements may be subject to a restocking fee equaling 15% of the price paid for the Item (not including taxes). Damaged merchandise, cosmetically or otherwise, is subject to a restocking fee on a case-by-case basis. If an order has shipped, it is the purchaser's responsibility to accept the shipment and return the order per our Return Policy. Orders that are refused at the designated shipping address may incur a 15% restocking fee.
12. Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
- 30-DAY MONEY BACK GUARANTEE
- TIVO SERVICE AGREEMENT
TIVO SERVICE PAYMEN PLAN TERMS AND CONDITIONS
FREE SHIPPING OFFER
- TIVO WEBSITE TERMS AND CONDITIONS
- TIVO PRIVACY
- TERMS AND CONDITIONS OF TIVO SERVICE GIFT CARDS
TIVO MULTI-SERVICE DISCOUNT AGREEMENT
TIVO INTELLECTUAL PROPERTY AND COPYRIGHT POLICY
Each of these policies, and any future policies that are posted at http://www.tivo.com/policies, may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules, including all current and future policies that are posted at http://www.tivo.com/policies, are hereby incorporated by reference into this Agreement. Any conflict between these Terms and such other policies incorporated herein by reference shall be resolved in favor of the TiVo Service Agreement with respect to TiVo Service subscriptions, in favor of these the TiVo Service Payment Plan Terms and Conditions with respect to TiVo Packages, and in favor of these Terms with respect to all other purchases made through the TiVo Store.
13. Indemnification. You agree to indemnify and hold harmless TiVo and its subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of these Terms, or your violation of any law, regulation or third-party right.
14. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF TIVO'S DIGITAL VIDEO RECORDER PRODUCTS COME WITH A MANUFACTURER'S WARRANTY. EXCEPT AS EXPRESSLY STATED HEREIN, TIVO EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, NON-INTERRUPTION, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
16. General. No delay or failure to take action under these Terms shall constitute any waiver by TiVo of any provision of these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms will continue in full force and effect. These Terms will bind and inure to the benefit of TiVo's permitted successors and assigns. Any claim under these Terms must be brought within one (1) year after the cause of action arises. These Terms shall be governed by the laws of the State of California without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Santa Clara County, in the State of California. These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. TiVo may freely assign these Terms without consent or notice. These Terms (including all documents expressly incorporated herein by reference) constitute the complete and exclusive agreement between TiVo and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Last modified: July 19, 2007