On the launch date of the new Roamios, TiVo also made changes to their user policy which one of the changes is to use binding arbitration instead of class action lawsuits for future disputes.
This coupled with a post from TCF:
I am wondering if TiVo is going to make a drastic policy change to older boxes that have lifetime service or possibly the elimination of older units from the S3 and back. TiVo mentions about compatibility with HD programming. I highlighted some key points.
We offer a product lifetime subscription option to the TiVo service that commits us to provide the TiVo service for as long as the DVR is in service. We receive product lifetime subscription fees for the TiVo service in advance and amortize these fees as subscription revenue over 66 months for product lifetime subscriptions which is our current estimate of the service life of the DVR. If these product lifetime subscriptions use the DVR for longer than anticipated, we will incur costs such as telecommunications and customer support costs without a corresponding subscription revenue stream and therefore will be required to fund ongoing costs of service from other sources, such as advertising revenue. Additionally, if these product lifetime subscriptions use the DVR for longer than the period in which we recognize revenue, our average revenue per subscription (“ARPU”) for our TiVo-Owned subscriptions will be negatively impacted as we continue to count these customers as subscriptions without corresponding subscription revenue thus lowering our average revenues across our TiVo-Owned subscription base. As of January 31, 2013, we had approximately 194,000 product lifetime subscriptions that had exceeded the 66 month period we use to recognize product lifetime subscription revenues and had made contact with the TiVo service within the prior six-month period. We will continue to monitor the useful life of a TiVo-enabled DVR and the impact of higher churn, increased competition, and compatibility of our existing TiVo units with high-definition programming. Future results will allow us to determine if our useful life is shorter or longer than currently estimated, in which case we may revise the estimated life and we would recognize revenues from this source over a shorter or longer period.
There is a 30 day window if you want to opt out of arbitration. Here is how to opt out and what can happen if you do:
Opt-out: 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.
Judicial forum: If (1) you opt-out of this dispute resolution provision, or (2) an arbitrator or court finds the class action waiver in this section to be invalid or unenforceable, then you agree to resolve any dispute you have with TiVo exclusively in a state or federal court located in Santa Clara County, California, and to submit to the personal jurisdiction of such courts for the purpose of litigating such dispute. We each waive any right to a jury trial in any such dispute.
Time limit for disputes: We each agree (regardless of any statute or law to the contrary) that any dispute must be filed within 1 year after such dispute arose or else will be forever barred.
The process for dispute resolution is here under legal terms: