Last Updated January 5, 2018
Welcome to the Best Buy/Geek Squad NetDetect mobile application and its related services, products, and software (“Geek Squad NetDetect”). Geek Squad NetDetect is being made available on a limited evaluation basis to a managed community of Best Buy users. Geek Squad NetDetect is delivered and managed by Best Buy via the Apple TestFlight System. Best Buy has entered into an agreement with Catalina Labs, Inc. to provide both mobile components and backend services associated with this evaluation program. Much of the processing of information collected by Geek Squad NetDetect will be performed by Catalina Labs, Inc. The BestBuy.com website, Best Buy mobile and iPad apps, the Geek Squad NetDetect and our mobile Best Buy site are collectively the “Best Buy Properties” and each individually is a “Best Buy Property.” By using Geek Squad NetDetect you agree to be bound by these terms and conditions (“Terms”). Additional or separate terms may apply to your interactions with other Best Buy Properties, Best Buy or Geek Squad® locations, and to your use of individual services or features available on a Best Buy Property, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern. References to “Best Buy,” “Geek Squad,” “our,” “we,” or “us” may refer to Best Buy Co., Inc., BestBuy.com, LLC, Best Buy Stores, L.P., BBY Solutions, Inc., Best Buy Enterprise Services, Inc. and their affiliates, subsidiaries, and designees. We may make changes to Geek Squad NetDetect and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use Geek Squad NetDetect.
Use of Geek Squad NetDetect
You may use Geek Squad NetDetect for your personal, noncommercial use only. You may not use the Geek Squad NetDetect if you are under the age of 13. If you are between the ages of 13 and 18, you may use Geek Squad NetDetect only with involvement of a parent or guardian.
You acknowledge that Geek Squad NetDetect is being made available to you for a limited duration and in an evaluation capacity.
Information on Best Buy Properties
We try to be as accurate as possible with the information we present on the Best Buy Properties. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order, or we may contact you for instructions on the order.
My Best Buy® Program
When you create an account on a Best Buy Property, we will automatically enroll you in the My Best Buy program. The My Best Buy program is a free program in which you receive points toward reward certificates, which are coupons for discounts on future purchases at Best Buy. See My Best Buy program terms.
All content included on or comprising the Best Buy Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Best Buy owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The Best Buy and Geek Squad logos and other trademarks on the Best Buy Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Best Buy and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
User Generated Content: Reviews, Comments, Communications, and Other Content
You may interact with the Best Buy Properties in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and e-mail communication. You hereby grant Best Buy a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via e-mail or phone) or materials you share with us throughout the world in any media, including, when you allow Best Buy to feature, text and images shared through social media (e.g. Facebook™, Twitter™, Instagram™, Pinterest™). You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have, and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please provide the Best Buy Copyright Agent with the following information in writing:
The Best Buy designated agent to receive notifications of claimed infringement can be reached by:
Mail: DMCA Agent Best Buy Solutions, Inc. B6-Legal Dept. 7601 Penn Ave. S Richfield, MN 55423
E-mail: [email protected]
For additional information regarding this procedure, please reference 17 USC 512.
Disclaimers and Limitation of Liability
BEST BUY PROVIDES THE BEST BUY PROPERTIES AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE BEST BUY PROPERTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY BEST BUY PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH A BEST BUY PROPERTY IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY BEST BUY PROPERTY OR ANY PRODUCT OR SERVICE PURCHASED THROUGH A BEST BUY PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH A BEST BUY PROPERTY OR BEST BUY GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
Links to Third-Party Websites
Certain software or other materials (“Software”) that you may obtain through the Best Buy Properties may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.
Open Source Software.
Certain items of software included with Geek Squad NetDetect are subject to open source licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. Each item of Open Source Software is licensed under the end user license that accompanies such Open Source Software and is not subject to the terms and conditions of these Terms. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, we will make such Open Source Software, and our modifications to that Open Source Software, available by calling us at 1-877-467-4289.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Best Buy Properties only for lawful purposes. Activities including, but not limited to, tampering with any Best Buy Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Best Buy Properties are prohibited.
You may not violate or attempt to violate the security of the Best Buy Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any Best Buy Property for unintended purposes or trying to change the behavior of any Best Buy Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any Best Buy Property, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of Best Buy (impersonating Best Buy) or to any Best Buy Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of Best Buy, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any Best Buy Property or any activity being conducted on any Best Buy Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Best Buy Property other than the search engine and search agents we provide and generally publicly available browsers.
You and Best Buy each agree that, except as otherwise noted below, any dispute or claim arising out of or relating in any way to these Terms, or to any products or services sold or distributed by Best Buy, whether in-store, in your home, over the phone, or online, including, but not limited to, the advertising of or sales practices relating to such products and services, delivery, installation, and any communication, by whatever means, between you and Best Buy, will be resolved by binding, individual arbitration, rather than in court. Disputes and claims that are within the scope of a small claims court’s authority are exempt from this dispute resolution provision, so long as they are brought individually.
BY AGREEING TO ARBITRATION, YOU AND BEST BUY UNDERSTAND AND AGREE TO WAIVE THEIR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND THEIR RIGHTS UNDER THIS CONTRACT. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on our registered agent CT Corporation System, Inc., 100 South Fifth Street, Suite 1075, Minneapolis, MN 55402. The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s 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. We will reimburse those fees (but not any attorney’s fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, Best Buy will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. 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.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any claim that all or part of this class action waiver provision is invalid or unenforceable may be determined only by a court and not by an arbitrator. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class or representative action must be brought in a court of proper jurisdiction and not in arbitration. If for any reason a claim proceeds 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.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MINNESOTA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS BETWEEN YOU AND BEST BUY.
Termination of Use
We may, in our sole discretion, terminate your account or your use of the Best Buy Properties at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any Best Buy Property at any time without prior notice.