Version: October 2021-v2 8
“Dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way whatsoever
to your relationship or interaction with Best Buy, its agents, and its present and future subsidiaries, affiliates, and
designees – including, but not limited to, GreatCall, Lively, Geek Squad, Magnolia, and Pacific Sales – whether based in
contract, tort, statute, fraud, misrepresentation, or any other legal theory. Examples of relationships or interactions giving
rise to a covered claim include, without limitation: (1) your use of Best Buy’s websites; (2) your Membership or
membership in any other Best Buy loyalty or rewards program (e.g., My Best Buy®) or subscription-based services (e.g.,
Total Tech Support); (3) your receipt of delivery, repair or installation services or consultation services provided by Best
Buy or its agents; (4) any communications between you and Best Buy; (5) application for financing; and/or (6) your
purchase of products or services offered, sold, or distributed by Best Buy including, but not limited to, any Dispute arising
from the advertising of, or the sales practices related to, such products and services. If you are a My Best Buy® member,
Dispute shall also include all disputes that arose before your enrollment in, and after the cancellation or termination of,
the My Best Buy
®
program, including any claims that are the subject of a purported class action litigation.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN
OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE
DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED
APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
Either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA)
that describes the basis for the claim. You may serve a copy of a demand on our registered agent CT Corporation System,
Inc., 100 South Fifth Street, Suite 1075, Minneapolis, MN 55402. The arbitration will be governed by the AAA’s Consumer
Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these
Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at
www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules; however, we
will reimburse those fees (but not any attorney’s fees) for claims totaling less than $10,000 except where (1) the claims
fall within the jurisdictional scope and amount of an appropriate small claims court and, despite the requirement in this
provision that such claims be brought in small claims court, you instead filed with AAA; or (2) the arbitrator determines
your claims are frivolous. If the arbitrator finds that either the substance of your claim or the relief sought in your demand
is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure
11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Best
Buy for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. You may
choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where
you live or at another mutually agreed upon location.
YOU AND BEST BUY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR
REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY
OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking
relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not
award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and Best Buy
agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over
any form of a representative or class proceeding. If a court determines that public injunctive relief may not be waived
and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief
shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then
the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.
If for any reason a claim may proceed in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL,
UNLESS SUCH WAIVER IS UNENFORCEABLE. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A
JURY.