Advertisements They'd also need to define the words "purchase" and "third party retailer", lest someone conclude that the terms don't apply because they bought it on ebay for $100.01. It really takes a legal 'wall of text' (or wall of fine print) to get something like this done right with no ambiguities or loopholes. Perhaps he did in fact not know, it really doesn't matter. It's not a loophole, it's a straightforward reading of the ToS. Bring it to a lawyer and I bet they'll interpret it the same way the OP did. Tivo has had plenty of time to fix the ToS yet they choose not to. That section applies to Tivos purchased at $99.99. Not $49.99. Not Tivos with an original MSRP of $99.99. Not Tivos that 'should have been sold for $99.99 but weren't for reasons X Y and Z'. It says at $99.99. If Tivo had meant something else, they should have written something else.