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21. Title to Products. Risk of loss and title for products passes to you upon delivery to you except that we will be responsible for any
product damage that we cause prior to the completion of our installation and setup services, if applicable.
22. Disclaimers and Limitations of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (1)
EXCEPT FOR THE LABOR WARRANTY IN THESE TERMS WE MAKE NO AFFIRMATIVE WARRANTIES AND GRANT
ONLY THOSE WARRANTIES IMPLIED BY LAW THAT CANNOT BE EXCLUDED BY CONTRACT UNDER STATE LAW;
AND (2) WE ARE NOT LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES—INCLUDING BUT NOT LIMITED TO
LOSS OF USE, LOST PROFITS/BUSINESS, DATA LOSS (SUBJECT TO SECTION 16 ABOVE) OR CORRUPTION,
DATA RECOVERY/RECREATION, OR OTHER INTANGIBLE DAMAGES ARISING FROM SERVICE. THESE LIMITATIONS DO NOT LIMIT OR EXCLUDE
LIABILITY FOR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.
23. Dispute Resolution by Binding, Individual Arbitration. ANY DISPUTE INVOLVING YOU AND BEST BUY OR ANY OF ITS AGENTS
SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS OTHERWISE NOTED BELOW.
“Dispute” shall be interpreted broadly and include any claim or controversy arising out of or relating in any way to your relationship with
Best Buy and its subsidiaries, affiliates, and designees — including, but not limited to, Geek Squad, Magnolia, and Pacific Sales — whether
based in contract, tort, statute, fraud, misrepresentation or any other legal theory. This includes (1) the My Best Buy® program; (2) In-
Home Consultations; (3) use of Best Buy’s websites; (4) any service terms and conditions; and/or (5) any products or services offered, sold,
or distributed by Best Buy including, but not limited to, the advertising of or the sales practices for such products and services. Dispute shall
also include all disputes that arose before your enrollment in the My Best Buy® program 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
unless 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.
NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN
APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY
MAY ELECT TO BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF
INTELLECTUAL PROPERTY RIGHTS.